HomeMy WebLinkAbout2021-03 - ADU FeesRESOLUTION NO. 2021-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ESTABLISHING AND ADOPTING PARK IMPACT FEES FOR
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, California Government Code Section 66000 authorizes the legislative
body of a City to require the payment of development impact fees to defray all or a portion
of the cost of public facilities related to a type of development as long as the benefit
requirements are met; and
WHEREAS, pursuant to the provisions of the California Constitution and the laws of
the State of California, the City of Costa Mesa is authorized to adopt and implement rates,
fees, and charges for municipal services; provided, however, that such rates, fees, and/or
charges do not exceed the estimated reasonable cost of providing such services; and
WHEREAS, Resolution 15-27 and Ordinance 15-09 were adopted by the City
Council in 2015 related to the calculation of park impact fees and the code amendment
for multi -family residential development (apartment) park impact fees, respectively; and
WHEREAS, California Government Code Section 65852.2 prohibits a local agency
from imposing any impact fee upon the development of an accessory dwelling unit less
than 750 square feet and authorizes a local agency to charge impact fees for an
accessory dwelling unit of 750 square feet or more "proportionately in relation to the
square footage of the primary dwelling unit"; and
WHEREAS, California Government Code Section 66016 requires notice to be
given and data made available at specified times prior to the adoption of certain increases
in rates, fees, and charges, or the adoption of new rates, fees, and charges for use
permits and inspections; and
WHEREAS, the City has complied with the noticing requirements of Government
Code 66016; and
WHEREAS, although the City is not required to comply with the noticing
requirements of California Government Code Section 66018, the city has nevertheless
published all notices consistent with the requirements of that section, including having
Resolution No. 2021-03 Page 1 of 5
published notice in accordance with California Government Code Section 6062a and
having made the data available concerning rates, fees, and charges prior to conducting
a hearing on the fees; and
WHEREAS, the City Council has held at least one public hearing and received oral
and written presentations thereat with respect to the proposed fees before adopting this
Resolution; and
WHEREAS, the City Council is currently considering adopting an ordinance
entitled "An Ordinance of the Costa Mesa City Council Repealing Urgency Ordinance 19-
19 and Authorizing Accessory Dwelling Units and Junior Accessory Dwelling Units
Consistent with State Law Requirements by Amending Portions of Title 13 of the
Municipal Code and to Authorize Related Fees" (the "ADU Ordinance");
WHEREAS, the City Council desires to establish impact fees associated with the
development of an accessory dwelling unit and junior accessory dwelling unit as set forth
herein; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred;
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. Findings. The City Council hereby finds that based upon the data,
information, analysis, oral and written documentation presented to the City Council
concerning the fees described in Exhibit "A" attached hereto and by this reference
incorporated herein, do not exceed the established reasonable cost of providing the service
for which the fees are levied and that the fees solely recover an objectively reasonable
approximation of the city's actual and reasonable costs.
Section 2. Exhibit A. The fees set forth in Exhibit "A" are hereby adopted and
approved.
Section 3. Effective Date. The fees set forth in Exhibit "A" shall be effective on the
later to occur of (a) 60 days after Council adoption of this Resolution; or (b) the effective date
of the ADU Ordinance or any other ordinance which authorizes the fees set forth in this
resolution.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book of original Resolutions.
Resolution No. 2021-03 Page 2 of 5
PASSED AND ADOPTED this 2nd day of February, 2021.
Andrea Marr, Mayor Pro Tem
ATTEST:
APPR ED S TO FORM:
/&WsL jdj� j A 4&
Brenda Gree , City Clerk
Resolution No. 2021-03 Page 3 of 5
w
i
tuber H 1 Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2021-03 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2"d day of February, 2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, AND
MARR,
NOES: COUNCIL MEMBERS: HARPER
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of February, 2021.
�.pAnk- .1111�w
Brenda Green, tity Clerk
Resolution No. 2021-03 Page 4 of 5
EXHIBIT A
PARK IMPACT FEES FOR THE DEVELOPMENT OF ACCESSORY DWELLING
UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs)
Adopted by the Costa Mesa City Council
February 2, 2021
ADU Park Impact Fees':
• ADUs of less than 750 square feet: none
• ADUs of 750 square feet or more on a lot containing single family dwelling(s):
The product of:
(full fee for single family dwellings2) x (square footage of the proposed ADU /
square footage of primary dwelling) = ADU Park Impact Fee. However, such fee
shall not exceed the full fee for single-family dwellings.
• For ADUs of 750 square feet or more on a lot containing multi -family dwellings:
The product of:
(full fee for multi -family dwellings2) x (square footage of the proposed ADU /
average square footage of the multi -family units on site). However, such fee shall
not exceed the full fee for multi -family dwellings.
JADU Park Impact Fees':
• JADUs: none.
' Park Impact Fees is in addition to the requirement to pay all other applicable fees (e.g.
building permit fees)
2 See City Council Resolution 15-27.
Resolution No. 2021-03 Page 5 of 5