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HomeMy WebLinkAboutOrdinance 119 ORDINANCE NO. 119 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER<*to TITLE 3 OF THE ATASCADERO MUNICIPAL CODE 12 ESTABLISHING A DEVELOPMENT IMPACT FEE WHEREAS , residential, both single and multi-family, commercial , industrial, and other non-residential development in the City of Atascadero requires substantial public facilities and capital improvements pursuant to the City' s General Plan and other similar policies ; and WHEREAS , the costs of these public improvements are constantly es- calating and funding resources for public facilities and capital im- provements are diminished in terms of availability and control; and WHEREAS , the City Council has found that due to the increase in growth and population in. Atascadero , services in the area of drain- age, traffic control, ,bridges ,roads , parks ,- police , fire , a: minis- tration and other public buildings and grounds , require improvement to meet the needs of the public health, safety, and welfare; and WHEREAS , a mechanism is necessary to provide a predictable and equit- able funding method for requiring new development to cover the costs of future public facilities and capital improvements which are of benefit to such development such that the impact to new gro4.7th will be borne equitably by that new development; and WHEREAS , the City of Atascadero as a general law city in the State of California has the power to impose valid regulatory fees pursuant to the California Constitution, Article VI , 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 as documented in their 1986 report to the City Council; and WHEREAS , the Development Fee Task Force has recommended that fees be levied which do not exceed the reasonable cost of providing the necessary services . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS PART 1 . An Ordinance of the City of Atascadero es- to�is ing a Development Impact Fee by adding Chapter .;K to Title 3 of the Atascadero Municipal Code to read as follows : 12 * * adding Chapter "12" (not 8) ; c--anre necessary due to duplication of chapter no. ' s, per David Griffiths , Book Publishing Co. , 4/1/85 (con- firmed w/R.M.. Jones, City Attv. ) 12* CHAPTER W DEVELOPMENT IMPACT FEE SECTIONS : TITLE Or SECTION 12* ''7all below) 34. 01 Title 3-8. 02 Scope and Purpose 34. 03 Definitions 3-9. 04 Standards for Fees 3-8. 05 Issuance of Regulations and Setting of Fees 3-9. 06 Adjustment to Fees 3-8. 07 Limitations on Use 3-8. 08 Payment of Fee 3-9. 09 Alternative Pavment 3-9. 10 Exceptions 3-9. 11 Construction prohibited 34. 12 Refund of Fee 3-9. 13 Effective Date 34. 14 Severability 12* Section 3-9. 01 TITLE: This Chapter shall be known and may be cited as the "Devel- opment Impact Fee Ordinance. " 12* Section 3-W. 02 SCOPE AND PURPOSE : The purpose of this Ordinance is to provide a predictable and equitable funding method of requiring new development to pay for the costs of future capital improvements which will benefit such. development. Thus , new development will be required to cover the cost of anticipated future public facilities and capital improve- ments so that the impact -to new growth will be borne equitably by the new development. 12* Section 3-a.03: DEFINITIONS: In .addition to the definitions contained in Section 3-7 .. 03 , the following terms shall have the following meanings when used in this Chapter. (a) "New Development" means any residential, single or multi- family, commercial, industrial , or other non-residential construc- tion project as specifically excepted herein. (b) "Capital Improvement" means any public facilities or equipment funded through the City' s capital improvement budget . * See rote at bottom of Dg. 1 of this ordinance. -2- (c) "Costs of Capital. Improvement" includes all costs rela- ted to acquisition, construction, repair, and financing, but does not include costs of routine maintenance. (d) "Governmental Facilities" are capital.. improvements rela- ted to City Hall , City garage and equipment yard, City offices , parking, and all other public buildings and grounds , and similar facilities in or through which general City government operations are conducted. (e) "Public Safety Facilities" are capital improvements rela- ted to police and fire operations . (f) "Essential Infrastructure" are capital improvements re- lated to streets (including curbs , sidewalks , and related struc- tures) , bridges , traffic control, drainage , and similar facilities which serve public transportation, access , and drainage needs . (g) "Park and Recreaction Facilities" are capital improvements of general community benefit such as major landscaping, fountains , monuments , signs , and other similar facilities . 1:2* Section 3-$. 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. .12 Section 3- 6. 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. 12* Section 3-2. 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 de- termined in the revised Constn.er Price 'Index for all Urban C.Qnsum- ers 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 immedi- ately preceeding July, l of each year. In calculating any increase, the most current index available immediately preceeding July lof. eaci 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. * See note at bottom of Pr. 1 of this ordinance. -3- 66 12* Section 3-- ,,2. 07 : LIMITATIONS ON USE : (a) All fees collected, pursuant to this Ordinance shall be placed in the capital outlay 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 fees for single-family residential , multi- family residential , commercial, industrial, and other non-residen- tial development. (b) Fees from residential development of single , multi- family units may used for all types of capital improvements . (c) Fees from commercial, industrial, and other non-residen- tial development may be used for all types of capital improvements except parks and recreation facilities . (d) The amount of fees collected pursuant to this Ordinance which can be applied to any capital improvement shall be limited to that portion of the cost which is reasonably attributable to the need generated by new development or benefit conferred upon new development. In approving each capital improvement budget use of funds from the capital outlay fund, the City Council shall appor- tion the cost of capital improvements between needs or benefits relating to existing development and needs or benefits relating to new development. 12* Section 31. 08 PAYMENT OF FEE Any applicant for a building permit for new development shall pay a development 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 build- ing 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 when construction is commenced. 12* Section 3-'. 09 ALTERNATIVE PAYMENT: The amount of theYm a ent of a Development Impact Fee and the p timing thereof, can only be altered pursuant to an agreement approved by the City Council of Atascadero. 12* Section .34. 10 EXCEPTIONS : There is excepted from the Development Impact Fee imposed by this Chapter those exceptions as set forth in vection 3-7 . 10 of the Atascadero Municipal Code: * See note at bottom of Pct. 1 of this ordinance. -4- 1 Section 3- 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 City, or attempt to do so , or cause the same to be done , without first paying the fee imposed by this Chapter. 12* Section 34. 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 Development Impact Fee paid. 12* Section 3-$. 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 July 1 , 1986 . 12* Section 34. 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 the .Court of competent jurisdiction, such decision shall not affect the validity of any remaining por- tion of this Chapter. PART 2. The City Clerk shall cause this Ordinance to be published in the Atascadero News , a newspaper of general cir- culation, printed, published, and circulated in this City, once within fifteen (15) days after its passage, in accordance with government code Section 36933 ; 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 MEkQV , seconded by Council Member Molio , the foregoing Ordinance is hereby adopted in its entirety on the following roll call vote: ADOPTED: 2/24/86 AYES Councilmembers Handshy, Mackey, Molina & Mayor Nelson NOES Councilwoman Mortis ABSENT s None ATTESY; RMERT NI. City CierF ROLF N Z 7 Mayor APPROVED--4S TO FORM: APPROVED AS TO CONTENT: City AET-oTTMy , _ i anager * See note at bottom of Pct. 1 of this ordinance.