HomeMy WebLinkAboutResolution 2026-032
City of Atascadero
Resolution No. 2026-032
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RESOLUTION NO. 2026-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
ADOPTING AMENDED FEES AND DEPOSITS TO OFFSET COSTS
INCURRED IN PLANNING SERVICES, AND A SCHEDULE OF
FEES AND CHARGES FOR CITY SERVICES
WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the
California Constitution and limit the growth of taxes; and,
WHEREAS, the City of Atascadero provides various planning and building development services
to the public including, but not limited to, processing applications, reviewing plans and maps, issuing
permits and reviewing development agreements (the “Planning Services”); and,
WHEREAS, the City of Atascadero desires to establish a policy of recovering some portion of the
costs reasonably borne of providing special services, including but not limited to park and recreation
services, rental of City property, police and fire services, and other miscellaneous City services, of a
voluntary or limited nature, such that general taxes are not diverted from general services of a broad
nature and thereby utilized unfairly and inequitably such special services (“City Services”); and,
WHEREAS, City Council intends to collect various fees (the “Fees”) and, in certain cases,
require advance deposit of the Fees, to offset the costs associated with providing the Planning Services
and City Services; and,
WHEREAS, because some of the Fees are described in Government Code section 66014,
(i) notice of the time and place of this meeting as well as a general description of the matter to be
considered are to be mailed at least 14 days prior to the date of this meeting to those parties (if any) who
have filed requests for such notification, and (ii) data indicating the amount of the estimated cost required
to provide the Services and the resources anticipated to fund the Planning Services were made available to
the public at least 10 days prior to the date of this meeting, all in accordance with Government Code
section 66016; and,
WHEREAS, Government Code Section 66016 applies to fees authorized in Government Code
sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5, 66013, 66014 and 66451.2, Health &
Safety Code sections 17951, 19132.3 and 19852, Public Resources Code section 41901 and Public
Utilities Code section 21671.5 consisting of primarily fees for zoning variances, zoning changes, use
permits, building inspections, building permits, filing and processing applications and petitions filed with
LAFCO, the processing of subdivision maps, tentative, final and parcel maps and planning services to be
charged for development projects; and,
WHEREAS, Government Code Section 66018 applies to the adopting or increasing fees to which
a specific statutory notice requirement does not apply; and
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City of Atascadero
Resolution No. 2026-032
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WHEREAS, pursuant to Government Code sections 66016 and 66018 the enactment or increase
in any fees to be charged for services must be adopted by the City Council by ordinance or resolution,
after providing notice and holding a public hearing; and,
WHEREAS, the City Council finds that the fee schedule detailed in Exhibit A attached hereto and
incorporated herein by reference is consistent with the City of Atascadero General Plan; and,
WHEREAS, pursuant to Government Code Sections 66016 and 66018, the data required to be
made available to the public prior to increasing the amount of the fees by this resolution was made
available for public review at least 10 days prior to the date of this meeting; and,
WHEREAS, pursuant to Government Code Sections 66014, 66106, 66018 and 6062a, notice of a
public hearing on the increase to the amount of fees was published twice, with at least five days
intervening the two publications, commencing at least ten days prior to the date of this meeting; and,
WHEREAS, a duly noticed public hearing before the City Council was held on May 12, 2026, at
which public testimony was received and duly considered on the proposed Planning Services and City
Services Fees; and,
WHEREAS, the City Council has previously adopted Resolution No. 2025-027, setting forth such
fees, and desires to amend and restate that Resolution in this Resolution, without rescinding said adoption;
and,
WHEREAS, the amount of the Fees do not exceed the true cost of providing the Planning
Services and City Services; and,
WHEREAS, the increase to the amount of the fees is not a “project” subject to the California
Environmental Quality Act because it is a funding mechanism having no physical effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero:
SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds
and determines.
SECTION 2. Establishment of the Fees. The Fees are hereby established in the amounts detailed
on Exhibit A for the purpose of funding the cost of providing the Services.
SECTION 3. Collection of the Fees. The Fees levied pursuant to this Resolution shall be paid to
the City either at the time the Planning Service or City Service is requested or required or shall, in certain
cases, be advanced to the City in the form of an advance deposit as further detailed on Exhibit A.
SECTION 4. Constitutionality. If any portion of this Resolution is declared invalid or
unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its
component parts, and all other sections of this Resolution shall remain in full force and effect.
SECTION 5. Repealer. All resolutions and other actions of the City Council in conflict with the
contents of this Resolution are hereby repealed.
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City of Atascadero
Resolution No. 2026-032
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SECTION 6. Effective Date. This Resolution shall take effect 60 days after the effective date of
this Resolution, and shall remain in effect, until revised by the City Council.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 12th day of May,
2026.
On motion by Council Member Funk and seconded by Council Member Peek, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO:
________________________________
Charles Bourbeau, Mayor
ATTEST:
Lara K. Henderson, City Clerk
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