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HomeMy WebLinkAboutOrdinance 117 ORDINANCE NO. 117 AN ORDINANCE OF THE CITY OF ATASCADERO . ADDING CHAPTER 9 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE ENACTING A FEE FOR THE AMAPOA = TECORIDA DRAINAGE AREA WHEREAS,historically, the Amapoa - Tecorida area in the City of Atascadero has been subject to flooding and flooding problems during rainy seasons ; and WHEREAS, residential and non-residential. development in the Amapoa - Tecorida area have a great impact on drainage/run-off in the area; and WHEREAS , a mechanism is necessary to provide for public and capital improvements as a result of increased residential and non-residen- tial development in the Amapoa '- Tecorida area such that the im- pact of new development will, be borne equitably by that new devel- opment, and WHEREAS , The City of Atascadero aa a general law city in the State of California has the power to impose valid regulatory fees pur- suant to the California Constitution, Article XI,, Section 7 ; and WHEREAS , A Development Fee Task Force appointed by the City Council has carefully evaluated the costs attributable to the impact of new development in the Amapoa - Tecorida area as documented in their 1986 report to the City Council; and WHEREAS , The Development Fee Task Force has recommended that fees be leviedwhichdo not exceed the reasonable cost of providing the necessary services PART 1 , Chapter 9 is added to Title 3 of the Atascalero Municipal Code to read as follows : CHAPTER 9 AMAPOA TECORIDA 'DRAINAGE FEE Sections : Title of Section: 3-9. 01 Title 3-9 . 02 Purpose and Intent 3-9 .03 Definitions 3-9 . 04 Standards for Fees 3-9 . 05 Issuance of Regulations and Setting of Fees 3-9. 06 Adjustment to Fees 3-9. 07 Limitations on Use 3-9 . 03 Payment of Fee 3-9 . 09 Alternative Payment 3-9 . 10 Exceptions 3-9 . 11 Construction Prohibited 3-9 . 12 Refund of Fee 3-9 . 13 Effective Date 3-9. 14 Severability Section 3-9. 01 : TITLE: This Chapter shall be known and may be cited at the "Amapoa - Tecorida Drainage Fee Ordinance. " Section 3-9. 02 :PURPOSE AND INTENT: The purpose of this Chapter is to impose and collect a fee on the construction and occupancy of new or expanded residential and non-residential projects within that area of the City of Atascadero known as the Amapoa - Tecorida area, which fees shall be imposed for the sole purpose of constructing public facilities to mitigate drainage problems due to the impact of new development in the Amapoa - Tecorida area. Section 3-9.03: DEFINITIONS : In addition to the definitions contained in Section 3-7 . 03 of this Title, the following terms shall have the following meanings when used in this Chapter. (a) "New Development" shall include all residential, commer- cial, or non-residential development in the Amapoa - Tecorida area. (b) "Capital Improvements" are any public facilities includ- ing drainage channels , culverts , and the like funded through the City' s Amapoa - Tecorida Drainage Impact Fee budget. (c) "Costs of Capital Improvements" includes all. costs re- lated to acquisition, construction, repair, and financing but does not include costs of routine maintenance. (d) "Amapoa - Tecorida Drainage Area" shall mean that area as set forth in the official map filed in the Engineering Depart- ment of the Cit; of Atascadero, a copy of which is attached to this Ordinance as Exhibit A and made a part hereof. -2- Section 3-9 . 04 : STANDARDS FOR FEES: Any fees imposed pursuant to this Chapter shall bear a reason- able relationship to the costs associated with the capital improve- ments which need is generated by such development in the Amapoa- Tecorida Area. Section 3-9. 05 : ISSUANCE 'OF REGULATIONS AND SETTING OF FEES : The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this Chapter. Section 3-9. 06 : ADJUSTMENT TO FEES : The rates upon which the fees are based may be adjusted as of July l of each year to reflect changes in building costs as deter- mined in the revised Consumer Price Index for all Urban Consumers for Los Angeles-Long Beach, California Area, ,for all items (1967- 100) , as published by the United States Department of Labor, Bureau of Labor Statistics for the period between the year immediately preceeding July 1 of each year. In calculating any increase, the most current index available immediately preceeding July 1 of each year shall be used. In the event that the index is unavailable, is no longer published, or is calculated on a significantly different basis following the date of the enactment of this Ordinance, the most comprehensive official index published which most closely ap- proximates the rate of inflation shall be substituted in place of the aforesaid index. Section 3-9. 07 : LIMITATIONS ON USE: (a) All fees collected pursuant to this Ordinance shall be placed in a capital outlay fund described as the Amapoa Tecorida Drainage Impact Fee fund and used only to pay for costs of capital improvements as defined herein. The capital outlay fund shall be divided into as many sub-funds as shall be necessary to separately assess and collect fees for single-family residential development, multi-family residential development, and commercial/industrial development. (b) The amount of fees collected pursuant to this Ordinance shall be limited to that portion of the east which is reasonably attributable to the impact generated by new development in the Amapoa - Tecorida Drainage area. Section 3-9. 08 : PAYMENT OF FEE : Any applicant for a building permit for new development in the Amapoa- - Tecorida Drainage area shall pay a development fee in con- -3- �� �unction with payment of the building'_permit fee. The fee shall e payable at the Building Division, City Fall, Atascadero, Califor- mia, prior to the issuance of a building permit. The fee for a mobile home space shall be paid prior to the issuance of the first permit for the construction of such space or if such construction is performed without a permit, at the time the construction is commenced. Section 3-0 . 09 : ALTERNATE 'PAYMENT: The amount of the payment of a Development Impact Fee and the timing thereof, can only be altered pursuant to an agreement ap- proved by the Council of the City of Atascadero. Section 3-09. 10 : EXCEPTIONS : These is excepted from the fee imposed by this Chapter the following: (a) The construction of a building, structure , or mobile home. which is a replacement for a building or mobile home being demol- ished or moved from that parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder, if the building or mobile home is a replacement or new construction. If the fee imposed on the replacement or new construction exceeds the amount of this exception, such excess shall be paid pursuant to this Chapter; (b) When imposition of such fee would be in violation of. the Constitution of the haws of the State of California, County of San Luis Obispo, or the City of Atascadero, (c) A condominium project converting an existing multi-family building into condominiums where no new dwellings are added or created, and no new building permit fees are sought for any addi- tional construction; (d) Any rebuilding of a structure destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe which rebuilding does not increase the original gross building area. If such increase does occur, the increase shall be subject to the fee as imposed by this Chapter, (e) Any rebuilding of a historical building recognized, ac- knowledged, and designated as such by the City Planning Commission or City Council of this City; (f) The constuction of any building by the City of Atasca- dero, or the United States or any department or agency thereof , -4- or by the State of California or any department , agency, or political subdivision thereof, or any residential or non-residen- tial development where the City Council finds there are specific over-riding fiscal, economic, social or environmental factors bene- fiting the City which, in the sole judgment of the City,Council , would justify the approval of such development without the payment of the fee provided by this Chapter. Section 3-9 . 11 : CONSTRUCTION PROHIBITED: It is unlawful for any person to erect, construct , enlarge , alter, repair, move, improve, make, put together, or convert any building or structure of the City, or attempt to do so , or cause the same to be done, without first paying the fee imposed by this Chapter. Section 3-9 . 12: REFUND OF FEE: If the building permit approval is vacated or voided, and if the applicant so requests in writing, there shall be a refund of the entire fee as set forth in this Chapter. Section 3-9 . 13 : EFFECTIVE DATE: The fees imposed by this Chapter shall be applicable with re- spect to building permits for construction activities applied for on or after thrity (30) days from the passage of this Ordinance. Section 3-9. 14 : SEVERABILITY:' If any section, sub-section., sentence, clause, or phrase of this Ordinance is for any reason: held to be invalid or unconstitu- tional by the decision of a Court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Chapter. PART 2. The City Clerk shall cause this Ordinance to be published in the Atascadero News , a newspaper of general circulation, printed, published, and circulated in this City, once within fifteen (15) days after its passage, in accor- dance with government code Section 36933; shall certify the adop tion of this Ordinance; and shall cause this Ordinance and certifi- cation to be entered into the Book of Ordinances of this City. -5- 0 0 On motion by Council Member Molina and seconded by Council Member OC Kev tFie follow- ing Ordinance is hereby adopted in its entirety on tFie following roll call vote: ADOPTED 2/24/86 AYES Councilmembers Handshy, Mackey] rolina & Mayor Nelson NOES Councilwoman Norris ABSENT Done ATTE T R ERT M.'_,JONES, City CIer'R RO LN L N, mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT : ROBERT M.''JQVES , City Attorney MICHAEL SHELTON, ' ty Manager -6- .W4 --VAL vf ke -f lk4 Ni �4 k. if XIAN A x s, ..17L, N .it K 02- wer Zip, X T4N 24. 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