This chapter shall be known and may be cited as the "Amapoa-Tecorida
Drainage Fee Ordinance."
(Ord. 117 § 1, 1986)
The purpose of this chapter is to impose and collect a fee on
the construction and occupancy of new or expanded residential and
nonresidential projects within that area of the City of Atascadero
known as the Amapoa-Tecorida area, which fees shall be imposed for
the sole purpose of constructing public facilities to mitigate drainage
problems due to the impact of new development in the Amapoa-Tecorida
area.
(Ord. 117 § 1, 1986)
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:
shall include all residential, commercial, or nonresidential
development in the Amapoa-Tecorida area.
are any public facilities including drainage channels, culverts,
and the like funded through the City's Amapoa-Tecorida Drainage Impact
Fee budget.
include all costs related to acquisition, construction, repair,
and financing but do not include costs of routine maintenance.
shall mean that area as set forth in the official map filed
in the Engineering Department of the City of Atascadero, a copy of
which is also on file in the office of the City Clerk, and by this
reference is made a part hereof.
(Ord. 117 § 1, 1986)
Any fees imposed pursuant to this chapter shall bear a reasonable
relationship to the costs associated with the capital improvements
which need is generated by such development in the Amapoa-Tecorida
Area.
(Ord. 117 § 1, 1986)
The City Council shall from time to time by resolution, issue
regulations and set fees for the administration of this chapter.
(Ord. 117 § 1, 1986)
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 determined
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 preceding July
1 of each year. In calculating any increase, the most current index
available immediately preceding 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 the ordinance codified in this chapter, the
most comprehensive official index published which most closely approximates
the rate of inflation shall be substituted in place of the aforesaid
index.
(Ord. 117 § 1, 1986)
(a)
All
fees collected pursuant to the ordinance codified in this chapter
shall be placed in a capital outlay fund described as the Amapoa-Tecorida
Drainage Impact Fee 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
and collect fees for single-family residential development, multifamily
residential development, and commercial/industrial development.
(b)
The
amount of fees collected pursuant to this chapter shall be limited
to that portion of the cost which is reasonably attributable to the
impact generated by new development in the Amapoa-Tecorida Drainage
area.
(Ord. 117 § 1, 1986)
Any applicant for a building permit for new development in the
Amapoa-Tecorida Drainage area 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 building permit. The fee for a mobilehome 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 commenced.
(Ord. 117 § 1, 1986)
The amount of the payment of a Development Impact Fee and the
timing thereof, can only be altered pursuant to an agreement approved
by the Council of the City of Atascadero.
(Ord. 117 § 1, 1986)
There is excepted from the fee imposed by this chapter the following:
(a)
The
construction of a building, structure, or mobilehome which is a replacement
for a building or mobilehome being demolished or moved from that parcel
of land. The exception shall equal but not exceed the fee which would
be payable hereunder, if the building or mobilehome is a replacement
or new construction. If the fee imposed on the replacement or new
construction exceeds the amount of this exception, such excess shall
be paid pursuant to this chapter;
(b)
When
imposition of such fee would be in violation of the Constitution or
the laws of the State of California, County of San Luis Obispo, or
the City of Atascadero;
(c)
A condominium
project converting an existing multifamily building into condominiums
where no new dwellings are added or created, and no new building permit
fees are sought for any additional construction;
(d)
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;
(e)
Any
rebuilding of a historical building recognized, acknowledged, and
designated as such by the City Planning Commission or City Council
of this City;
(f)
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 or nonresidential development where the City Council finds
there are specific overriding fiscal, economic, social or environmental
factors benefiting the City which, in the sole judgment of the City
Council, would justify the approval of such development without the
payment of the fee provided by this chapter.
(Ord. 117 § 1, 1986)
It is unlawful for any person to erect, construct, enlarge,
alter, repair, move, improve, make, put together, or convert any building
or structure of the City, or attempt to do so, or cause the same to
be done, without first paying the fee imposed by this chapter.
(Ord. 117 § 1, 1986)
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 fee as set forth in this chapter.
(Ord. 117 § 1, 1986)
