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HomeMy WebLinkAboutResolution No. 2017-C73RESOLUTION NO. 2017-C73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ESTABLISHING FEES FOR ACCESSORY DWELLING UNITS PERMITS WHEREAS, the City of Azusa, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City adopted Resolution No. 2016-05 decreasing and increasing certain user fees for provision of services by the City; and WHEREAS, the City proposes to amend the Azusa Municipal Code to regulate massage establishments in compliance with the provisions of Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016) and Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016). Assembly Bill 2299 and Senate Bill 1069 are double jointing bills and will be cited here as only Assembly 2299 which address California's shortage of housing supply, WHEREAS, Assembly Bill 2299, among other things, amended California Government Code Section 65852.2. This legislation imposes new limitations on local authority to regulate second units, which are now referred to as "accessory dwelling units" ("ADU"). WHEREAS, Assembly Bill 2299 was effective on January 1, 2017 and rendered all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 2299. WHEREAS, Subsequent to AB 2299, the California Legislature approved, and the Governor signed into law, Assembly Bill 494 (Bloom) and Senate Bill 229 (Wieckowski), which further amended Government Code 65852.2. Assembly Bill 494 and Senate Bill 229 are double jointing bills and will be cited here as only Assembly Bill 494. WHEREAS, Assembly Bill 494 will be effective on January 1, 2018 and render all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2 as amended by Assembly Bill 494. WHEREAS, The City desires to create a local regulatory scheme for the construction of accessory dwelling units that fully complies with Government Code section 65852.2 as amended by Assembly Bills 2299 and 494; and WHEREAS, pursuant to Government Code Sections 66016 and 66018, the specific fees charged must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and WHEREAS, the City Council has duly noticed and conducted a public hearing on November 24, 2017, concerning the adoption of said fees; Resolution No. 2017-C December 4, 2017 Page 2 of 3 WHEREAS, the City Council has complied with Government Code section 66018 prior to imposing the application fees set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Azusa that: Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein. Section 2. Fee Adoption. The adopted user fee schedule adopted by Resolution No. 2016- 05 is hereby amended to incorporate the fee for processing of $2,042.24 (Base Fee - $1,945.00 & Tech Fee - $97.24) for the Accessory Dwelling Unit Permit. Section 3. Severability. If any provisions, clause, sentence or paragraph of this Resolution or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Resolution, which can be given effect without the invalid provision or application and, to this end, the provisions of this Resolution are hereby declared to be severable. Section 4. CEQA. This Resolution does not commit the City to any action that may have significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk of the City, is authorized and directed to file a Notice of Exemption with the appropriate office of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. Section 5. Effective Date. This Resolution takes effect upon the effective date of Ordinance No. 2017-C14. PASSED, APPROVED and ADOPTED this 4th day of December, 2017. Jidseph Romero Rocha Mayor ATTEST: J re w Cornejo, rwi, ity Jerk Resolution No. 2017-C December 4, 2017 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2017-C73 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 4`" day of December, 2017, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ APPROVED AS TO FORM: --a Best Best V, Krieger, LIP City Attorney