HomeMy WebLinkAboutOrdinance 183 ORDINANCE NO. 183
AN ORDINANCE AMENDING CHAPTER 12 . ARTICLE 3 OF THE CITY
OF ATASCADERO CODE RELATING TO DEVELOPMENT IMPACT FEES .
The Council of the City of Atascadero does ordain that Article
3 of Chapter 12 of the Atascadero Municipal Code is hereby amended as
follows :
SECTION 1
Section 3-12 . 03 DEFINITIONS :
The following terms shall have the following meanings when used in
this Chapter .
The following definitions to be added to Section 3-12 . 03
(h) "Building" : means any structure having a roof supported
by columns and/or walls and intended for shalter , housing, and/or
enclosure of any person , animal or chattel , but not including tents
or mobile homes .
(i) "Building Permit" : means a buiilding permit for
residential , non-residential , or mobile home site development applied
for to the Community Development Department of Atascadero on or after
the effective date of this Ordinance .
(j) "Construct" ''Construction" as used in this Chapter means
the putting together, assembling, erection or altering of
construction materials components , or modules into a structure , or
portion of a structure, and includes restructuring, enlarging or
altering any structure. "Construct" also includes the moving from
outside the City and locating of a building, or portion thereof, onto
a lot or parcel of land, and also includes the improvement of land as
a mobile home lot .
(k) "Dwelling Unit" means an independent , attached or
detached residential building designed to house .and provide living
space including kitchen and bathroom facilities , for an individual
family ,
(1) "Gross Building Area" means the total floor area of each
floor of all buildings subject to this ordinance, including internal
circulation , storage and equipment space, as measured from the
outside faces of the exterior walls , including halls , lobbies ,
stairways , elevator shafts , enclosed porches and balconies .
(m) "Mobile Home" means a vehicle without self-propulsion
designed and equipped as a dwelling unit to be used with a
foundation .
(n) "Mobile Home Lot" , as used in this Chapter , means any
area or portion of a lot designated, designed, or used for the
occupancy of one (1) mobile home on a permanent basis.
(o) Non Residential includes all uses of land other than
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residential including agricultural , communication, cultural ,
educational , recreation , manufacturing, processing, resource
extraction, retail trade, services , transient lodging, transportation
and wholesale trade uses .
(p) "Person" includes any individual , firm, co-partnership,
corporation, company , association,, joint stock association , city,
county, state or district ; and includes any trustee, receiver,
assignee, or other similar representatives thereof.
(q) "Structure" as used in this Chapter means any artifact
constructed or erected, the use of which requires attachment to the
ground, including any building, but not including fences or walls six
feet or less in height .
(r) As used in this Chapter, the terms "residential , "
"commercial , " "office , " "industrial , " "hotel , " "motel , " and "quasi-
public'' have the same meanings as are defined in the General Plan and
Zoning Ordinance of this City, as well as administrative
interpretations thereof .
Section_3_12 . 07_(c) LIMITATIONS_ON_USE
The words "except parks and recreations facilities" shall be
deleted and a new section 12 . 07 (c) shall read as follows ;
(c) Fees from residential and nonresidential development may be
used for all types of capital improvements .
Section_3-12 10:_EXCEPTIONS-:
Section 3-12 . 10 is deleted in its entirety and a new section 3-
12 . 10 shall be added to read as follows ;
There is excepted from the fee imposed by this Chapter the
following;
(a) The construction of a building or structure or mobile
home which is a replacement for a building or mobile home being
demolished or moved to outside the City from the same lot or parcel
of land. The exception shall equal but not exceed the fee which
would be payable hereunder if the building or mobile home being
replaced were being newly constructed. If the fee imposed on the new
building exceeds the amount of this exception, such excess shall be
paid;
(b) Accessory buildings or structures in planned
developments , multi-family or mobile home parks , such as a clubhouse,
swimming pool , or laundry facility;
(c) Buildings or structures which are "clearly accessory to
a principal use" such as fences , pools , patios , parking spaces
garages , residential accessory buildings , (except guesthouses) and
agricultural accessory buildings as outlined in Title 9;
(d) Any person when imposition of such tax upon that person
would be in violation of the Constitution and the laws of the State
of California, County of San Luis Obispo , or City of Atascadero -
(e) A condominium project converting an existing multi-
family building into condominiums where no new dwellings are added or
created;
(f) 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 .
(g) Any restoration/reconstruction of a historical
building recognized, acknowledged, and designated as such by the City
Planning Commission or City Council ;
(h) The construction of any building by the City of
Atascadero , or the United States or any Department or Agency thereof ,
or by the State of California or any Department , Agency or Political
Subdivision thereof , or any residential development where the City
Council finds there are specific over-riding fiscal , economic , social
or environmental factors benefitting the City which , in the sole
judgement of the City Council , would justify the approval of such
development without the payment of said tax .
SECTION 2 . PUBLICATION
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 accordance 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 .
SECTION 3 . EFFECTIVE DATE
This ordinance shall go into effect and be in full force and
effect at 12 . 01 a .m, on the 31st day after its passage .
On motion by Councilmember Mackey and seconded by
Councilmember Lilley the foregoing ordinance is hereby adopted
in its entirety by the following roll call vote :
AYES : Councilmen Shiers, Lilley, Dexter, Councilwoman Mackey and Mayor Borgeson
NOES : None
ABSENT : None
ATTEST:
BOYD C . SHARITZ BONITA BORGESON
City Clerk Mayor
APPROVED AS TO CONTENT : APPROVED AS TO FORM:
PAUL M. SENSIBAUGHWFEY G J'0ENSEN
Director of Public Works CAN ey
City Engineer
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