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HomeMy WebLinkAboutOrdinance 118 i • ORDINANCE NO. 118 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 10 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE ESTABLISHING A LEWIS AVENUE BRIDGE DEVELOPMENT IMPACT FEE WHEREAS, a general plan of the City of Atascadero identifies a circulation problem in the downtown area relating to the need for a bridge across Atascadero Creek from Lewis Avenue to the proposed Highway 41 extension; and WHEREAS , commercial development in the City of Atascadero in the downtown area will generate increased traffic and circulation pro- blems , and therefore, the need for capital improvement, specifically a bridge across Atascadero Creek from Lewis Avenue; and WHEREAS , a mechanism is necessary to provide a predictable and equi- table funding method for requiring new developments in the downtown area to cover the cost of providing a bridge across Atascadero Creek at Lewis Avenue, thereby improving traffic and circulation in the downtown area, which. bridge would benefit such new development; and WHEREAS , the City of Atascadero is a general law city in the State of California and has the power to impose valid regulatory fees for the health, safety, and welfare of the City of Atascadero pursuant to the California Constitution, Article XI , Section 7 ; and WHEREAS , the Development Fee Task Force appointed by the City Council has carefully evaluated the costs attributable to the impact of new development in the downtown area as documented in their 1986 report to the City Council; and WHEREAS , the Development Fee Task Force has recommended that fees be levied for the construction of a Lewis Avenue Bridge which shall not exceed the reasonable and actual cost of providing such bridge. NOW, THEREFORE , THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS : PART 1 . An Ordinance of the City of. Atascadero establishing a Lewis Avenue Bridge Development Impact Fee by adding Chapter 10 to Title 3 of the Atascadero municipal Code to read as follows: CHAPTER 10 LEWIS AVENUE BRIDGE 'DEVELOPMENT IMPACT FEE Sections : Title of Sections : 3-10. 01 Title 3-10. 02 Scope and Purpose 3-10 . 03 Definitions 3-10 . 04 Standards for Fees 3-10 . 05 Issuance of Regulations and Setting of Fees 3-10 .06 Adjustment of Fees 3-10 . 07 Limitation on Use 3-10 . 08 Payment of Fee 3-10. 09 Alternative Payment 3-10 . 10 Exceptions 3-10 . 11 Construction Prohibited 3-10 . 12 Refund of Fee 3-10 . 13 Effective Date 3-10 . 14 Severability Section 3-10 . 01 : TITLE: This Chapter ,shall be known and may be cited as "The Lewis Avenue Bridge Development Impact Fee Ordinance. " Section 3-10 . 02 : SCOPE AND PURPOSE : The purpose of this Ordinance is to provide a predictable and equitable funding method of requiring new development in the down- town area to pay for the cost of the construction of the Lewis Avenue Bridge from East Mall on the North 'across Atascadero Creek to the extension of Highway 41 on the South. Thus , new development in the downtownareawill be required to cover the capital cost of this specific bridge construction so that the impacts of increased circulation and traffic problems will`'be borne equitably by that new development. Section 3-10 . 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" means any commercial, multi-family residential, or non-residential construction in the downtown area, but not including single-family residential construction. -2- �� (b) "Downtown. Area" shall be all that area set forth in the map on file in the Engineering Department of the City, a copy of which is attached hereto as Exhibit A and made a part hereof. (c) "Costs of Capital Improvement" include all costs related to acquisition, construction, repair, and financing, but do not in- clude costs of routine maintenance. (d) "Bridge" shall_ mean the Lewis Avenue Bridge including curbs , sidewalks , related structures adjacent to bridge , and a paral- lel pedestrian bridges necessary for circulation and traffic relat- ing to the bridge, at the Lewis Avenue-Atascadero Creek crossover , and no other bridge in the City of Atascadero. Section 3-10. 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- ment which need is generated by such development. Section 3-10 . 05 ISSUANCE OF 'REGULATIO�`?S 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 3-10 . 06 ADJUSTMENT OF FEES : The rates upon which the fees are based may be adjusted as of .July 1 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 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 substututed in place of - the aforesaid index. Section 3-10 . 07 : LIMITATION 'OF USE (a) All feescollected pursuant to this Ordinance shall be placed in a capital outlay fund, known as the Lewis Avenue Bridge Development Fee fund, and used only to pay for those costs of capital improvements as defined herein. -3- (b) Fees shall only be collected from commercial development in that area set forth as the downtown business area. (c) The amount of fees collected pursuant to this Ordinance which can be applied to the capital improvement known as Lewis Avenue Bridge shall be limited to that portion of the cost which is reasonably attributable to the impact of the new development in the downtown area. Section 3-10 . 0$ : PAYMENT OF FEE : Any applicant for,. a building permit for new development within the Lewis Avenue Bridge- Atascadero Creek area shall pay a develop- ment fee in conjunction with payment of the building permit fee. The fee shall be payable at the Building Division, City Hall , Atascadero , California, 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 com- menced. Section 3-10 . 09 : ALTERNATIVE PAYMENTS : The amount of the payment of the Lewis Avenue Bridge Development Impact fee and the timing thereof, can only be altered pursuant to an agreement approved by the City Council of the City of Atascadero. Section 3-10 . 10 : EXCEPTIONS : These is excepted from this Chapter an-0 the fees imposed herein, those exceptions as set forth in Section 3-47 . 10 of this Title. Section 3-10.11 : 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 in the downtown area, or attempt to do so , or cause the same to be done without first paying the fee imposed by this Chapter. Section 3-10 .12 : REFUND OF FEE If the building permit approval is vacated or voided, and if the applieant. so requests in writing, there shall be a refund of the entire Development Impact Fee paid. Section 3-10 .13 EFFECTIVE TATE: The fees imposed by this Chapter shall be applicable with * refers to Sec. 3-7 . 10 (delete "0" ) -4- respect to building permits for construction activities applied for on or after thirty (30) days from the date of passage of this Ordinance. Section 3-10 . 14 : SEVERABILITY: If any section, sub-section, sentence , clause, or phrase of this Ordinance is :dor 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 Office 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 ; and shall certify the adoption of this Ordinance; and shall cause this Ordinance and certification to be entered into the Book of Ordinances of this City. On Motion by Council Member Molina , and seconded by Council Member Mckey , the following Ordinance is hereby aa pt�e . in its entirety on t e follow- ing roll call vote : ADOPTED: 2/24/86 AYES : Councilmembers Handshy, Mackey] Molina & Mayor Nelson NOES : Councilwoman Norris ABSENT : None ATTEST A . ROBERTM. iONFS , City C'lerTE R LFE NFJLSON, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ROBERT M. J ,ES , City Attorney MIC L SHELTON, City Manager -5- � "