This chapter shall be known and may be cited as the "Development
Impact Fee Ordinance."
(Ord. 420 § 1, 2003)
The purpose of this chapter 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 improvements so that the impact
of new growth will be borne equitably by the new development.
(Ord. 420 § 1, 2003)
The following terms shall have the following meanings when used
in this chapter:
means any structure having a roof supported by columns and/or
walls and intended for shelter, housing, and/or enclosure of any person,
animal or chattel, but not including tents or mobile homes.
means a building permit for residential, nonresidential,
or mobile home site development applied for to the Community Development
Department of Atascadero on or after the effective date of the ordinance
codified in this chapter.
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.
means an independent, attached or detached residential building
designed to house and provide living space including kitchen and bathroom
facilities, for an individual family.
means the total floor area of each floor of all buildings
subject to this chapter, 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.
means a vehicle without self-propulsion designed and equipped
as a dwelling unit to be used with a foundation.
as used in this chapter, means any area or portion of a lot
designated, designed, or used for the occupancy of one mobile home
on a permanent basis.
includes all uses of land other than residential including
agricultural, communication, cultural, educational, recreation, manufacturing,
processing, resource extraction, retail trade, services, transient
lodging, transportation and wholesale trade uses.
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.
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.
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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.
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(Ord. 420 § 1, 2003)
Fees from residential and nonresidential development may be
used for all types of capital improvements.
(Ord. 420 § 1, 2003)
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 or 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, multifamily 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 guest houses, and second residential units) 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 multifamily 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 benefiting
the City which, in the sole judgment of the City Council, would justify
the approval of such development without the payment of said development
impact fee.
(Ord. 420 § 1, 2003)
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, and shall be supported
by a public report in conformance with Government Code § 66016(a).
(Ord. 420 § 1, 2003)
The City Council shall from time to time by resolution, issue
regulations and set fees for the administration of this chapter. Any
regulations adopted pursuant to this code shall require the payment
of any impact fees due shall be paid upon final inspection of the
property and before occupancy.
(Ord. 420 § 1, 2003)
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 City Council of Atascadero.
(Ord. 419 § 1, 2003)
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.
(Ord. 419 § 1, 2003)
The fees imposed by this chapter shall be applicable with respect
to building permits for construction activities applied for on or
after the effective date of this ordinance, or on July 1, 2003, whichever
date is the later, except that all such fees for non residential construction
activities shall be applicable beginning March 1, 2004.
(Ord. 419 § 1, 2003)
