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HomeMy WebLinkAboutResolution 2020-066RESOLUTION NO. 2020-066 j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, EXEMPTING AND/OR REDUCING DEVELOPMENT IMPACT FEES FOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH SENATE BILL 13 WHEREAS, the City wishes to comply with both the letter and the spirit of Senate Bill 13 (SB 13) by exempting and/or reducing development impact fees to spur the development of accessory dwelling units as a form of affordable housing; and WHEREAS, accessory dwelling units are identified as Residential Second Units in the Atascadero Municipal Code; and WHEREAS, in order to protect the health, safety, and welfare of the community and to ensure that adequate capital facilities are provided for the residents of the City and so that new development in the City pays its fair share of the cost of providing these facilities, the levy of development impact fees is necessary; and WHEREAS, heretofore the City Council has adopted Ordinance No. 420 establishing its policy as to the recovery of costs of such impacts and directing staff as to the methodology for implementing said Ordinance; and I IWHEREAS, because the City is eliminating and reducing development impact fees in accordance with an adopted Senate Bill, this activity is not subject to the same noticing and hearing requirements as a fee adoption or fee increase; and WHEREAS, Senate Bill 13 was designed to incentivize the development of accessory dwelling units and thereby requires that local jurisdictions exempt accessory dwelling units less than 750 square feet in floor area from the payment of development impact fees; and WHEREAS, Senate Bill 13 requires that local jurisdictions only collect impact fees that are proportional to the primary residence when the accessory dwelling units are 750 square feet or greater in size; and WHEREAS, the revised impact fee schedule for Accessory Dwelling Units detailed in Exhibit A attached hereto and incorporated herein by this reference are consistent with the City of Atascadero General Plan and the intent of Senate Bill 13, and _ WHEREAS, Government Code Section 66018 does not apply to the act 6f•r2d_acing fees to which a specific notice and public hearing requirement would othcrwisedp�F}; �gd WHEREAS, the decrease to the amount of the development fees is ­not a "ptpject_' subject to the California Environmental Quality Act because it is a funding-mech istrl having no physical effect on the environment. 1 NOW, THEREFORE BE IT RESOLVED, by the City Comtcfl �f the City of Atascadero: City of Atascadero Resolution No. 2020-066 Page 2 of 2 SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines iviv -,, tstannsnment o, me recs. i he tees are nereOv estahnshed in the amounts detailed in Exhibit A for the purpose of implementing Senate Bill 13. SECTION 3. Findings. 1. Under Senate Bill 13 accessory dwelling units less than 750 sf in size are exempt from development impact fees. The adopted fee will be added to the permit but will show a zero charge in compliance with State law. 2. Under Senate Bill 13 units between 750sf — 1200sf in size are required to be charged proportional impacts fees based on the City's adopted fee structure for primary residential units. 3. The City analyzed County Assessor data to determine the median residence size within the Atascadero City limits. The median unit size was determined to be 1,666 sf. Based on this analysis, the fees for ADU's 750 sf - 1200 sf (as detailed in Exhibit A) are a proportional rate in accordance with SB 13. The proportional rate is derived from the median residence size (1,666 square feet) divided by the existing impact fee. SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption and any construction permit for Accessory Dwelling Units issued after January 1, 2020 shall be subject to the .educed f c schedulo, and shall --mnair, in --flee, until revised by the City Council. PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day of September, 2020. On motion by Council Member Funk and seconded by Mayor Pro Tem Bourbeau the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Funk, Newsom and Mayor Moreno NOES: Council Member Fonzi ABSENT: None ABSTAIN: None ---------- q - ----- stehsed, Cite Clerk AS to v(SRM: Brian A. Pierik, City Attorney CITY OF ATASCADERO Heather Moreno, Mayor ni n n W] EXHIBITA Development Impact Fees for Accessory Dwelling Units (ADUs) Effective January 1, 2020 Accessory Dwelling Units < 750 sq. ft Fee per Square Foot Accessory Dwelling Units 750.01sq. ft.- 1200 sq. ft. Fee per Square Foot Law Fire Fire Aerial Storm General Library Public Open Enforcement Protection Response Circulation Drainage Government Expansion Meeting Parkland Space Total Facilities Facilities Vehicle System Facilities Facilities Facilities Facilities Acquisition ADU > 2.5 acres 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADU < 750 sf 0.34/s 0.57/s 0.00 3.36/s 1.20/s 0.62/sf 0.32/s 0.65102.87/s 1.00/s 10.93/sf Accessory Dwelling Units 750.01sq. ft.- 1200 sq. ft. Fee per Square Foot Law Fire Fire Aerial Storm General Library Public Open Enforcement Protection Response Circulation Drainage Government Expansion Meeting Parkland Soaee Total Facilities Facilities Vehicle System Facilities Facilities Facilities Facilities Acq:iirition ADU > 2.5 acres 0.34/s 0.57/sf 0.00 3.36/s 1.20/s 0.62/s 0.32/s 0.65/sf 2.87/s 1.00/sf 10.93/s ADU 1.5-2.5 0.34/s 0.57/s 0.00 3.36/s 1.20/s 0.62/sf 0.32/s 0.65102.87/s 1.00/s 10.93/sf acres ADU 1-1.49 acres 0.34/s 0.57/sf 0.00 3.36/s 0.72/s 0.62/s 0.32/s 0.65/sf 2.87/s 1.00/sf 10.45/sf ADU 7-.99 acres 0.34/s 0.57/sf 0.00 3.36/s 0.47/s 0.62/s 0-32/sf 0.65/sf 2.87/s 1.00/s 1020/s U n MDR zone 0.20/s 0.31/sf 0. 1 51sf 3.36/s 0.30/s 0.62/s 0.25/sfi 0.51/s 2.25/s 0, 78/sf 8.74/s DU n HDR zone 0.20/s 0.31/s 0.15/s 2.21/s 0.20/s 0.62/sf 0.22/s 0.45/sf 1.98/s 0.69/s 7.02/sf