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.
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. |
(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 to be paid upon final inspection of the property and before occupancy unless an agreement to defer impact fees has been approved by the City for residential units that are affordable to low, very low, and/or extremely low households.
(Ord. 420 § 1, 2003; Ord. 666, 9/26/2023)
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)