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HomeMy WebLinkAboutResolution 2003-034 RESOLUTION NO. 2003-034 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING A SYSTEM FOR CREDITS TO DEVELOPMENT IMPACT FEES THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY RESOLVES AS FOLLOWS: SECTION ONE: Development Impact Fee Credits (a) Any applicant subject to a development impact fee, imposed pursuant to the Atascadero Municipal Code, who dedicates real property or interests therein, to the City, for the construction of capital improvements or who constructs, deposits money with the City for the construction of, participates in an improvement district for the construction of, or who otherwise contributes funds for capital improvements, may be eligible for a credit for such dedication, construction or contribution against the development impact fee otherwise due. (b) Eligibility for, and the amount of, the credit shall be determined by the City Engineer, based on adopted City standards and procedures including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular development impact fee has been imposed, as provided in the Atascadero Municipal Code and the Capital Improvement Plan, applicable master plan, whether the dedication, construction or contribution will substitute for or otherwise reduce the need for, or cost of, capital improvements anticipated to be provided with growth mitigation fee funds; the value of the dedication, construction or contribution. The maximum credit shall be based upon the value of the improvement as established in the development impact capital improvement list. The amount of the credit shall be based on the actual construction cost of the improvement. In no event, however, shall the credit exceed the amount of the otherwise applicable growth mitigation fee. (c) The City Council may consider granting credits or fee reductions for traffic fees only for industrial or commercial uses, which cause little or no impact on traffic congestion. The City Council may also consider granting credits or fee reductions for residential uses, which reduce vehicle trips by their design. (d) Nothing in this resolution shall be construed to authorize credits for the cost of improvements that benefit the development on a single parcel. SECTION TWO: Severability City of Atascadero Resolution No.2003-034 Page 2 of 2 If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. The foregoing Resolution was approved and adopted at a meeting of the City Council held on, June 24, 2003, by the following vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City erk y L. Ck Sr., Mayor t APPROVED AS TO FORM: Roy Hanley, City Attorney