HomeMy WebLinkAboutR-9728 (2005) Open Space In-Lieu FeeRESOLUTION NO. 9728 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ALLOWING FOR THE PAYMENT OF A FEE IN-LIEU OF
DEDICATING OPEN SPACE AS REQUIRED BY THE AIRPORT AREA
SPECIFIC PLAN
WHEREAS, the City General Plan (Land Use Element Policies LU 2.3 and LU 2.3.1)
requires the preparation of a specific plan for the Airport Area prior to annexation and further
development, and sets specific requirements for information to be included in the Plan; and
WHEREAS, the City General Plan includes policies for greenbelt protection including
Land Use Element Policy 7.4, which says that an Airport Area annexation shall not take effect
unless the annexed area helps protect an appropriate part of the greenbelt near the Airport Area
either by dedicating open space or by paying an in -lieu fee, which shall be used to secure
greenbelt open space; and
WHEREAS, the Final Program Environmental Impact Report for the Airport Area and
Margarita Specific Plans and Facilities Master Plans identifies conversion of prime agricultural
land as a significant and unavoidable impact of the project (Impact LU -5), and requires
mitigation for this impact in the form of dedications of open space land at a ratio of 1:1, or the
payment of an in -lieu fee (Mitigation Measure LU -5.1); and
WHEREAS, based on recent negotiations for such open space acquisitions in the area
south of the Airport staff has determined that the in -lieu fee should be set at $2,500 per acre,
which is an amount sufficient to allow the City to acquire greenbelt open space at a ratio of at
least 1:1; and
WHEREAS, staff has determined that the most effective and efficient manner for
collecting an in -lieu fee is through the construction permit process, which provides appropriate
accounting and tracking measures to ensure full payment of the required fees; and
WHEREAS, on June 14, July 26, and August 23, 2005, the Council held public hearings
to consider the recommendations staff, and to consider the Specific Plan text which incorporates
the open space dedication requirements; and
WHEREAS, the Council has duly considered all evidence, including the testimony of
interested parties, and the evaluation and recommendations of the Planning Commission and
staff, presented at said hearings.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. The open space in -lieu fee for Airport Area development shall be as follows:
A. New floor area shall mean the gross floor area, measured in square feet, of a
development project, minus any existing floor area that is eliminated by the
proposed project.
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Resolution No. 9728 (2005 Series)
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B. Development in'the Airport Area that has not met its open space dedication
requirement through provisions of a pre - annexation agreement established prior to
this resolution, or through the dedication of open space land, or conservation
easements, in a manner consistent with Land Use Element Policy 7.4, shall pay an
in -lieu fee as calculated below per 1,000 square feet of new floor area:
6-60
Fee
Per KSF
Business Park 390
Service Commercial 574
Maunfacturing 522
C. Development projects that dedicate land to satisfy a portion of their open space
dedication requirement shall pay a pro -rated share of the in -lieu fee.
D. Fees shall be assessed based on the application date of the building permit
application and collected with building permit issuance.
On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 23`
d
day of August 2005.
Mayor David F. Romero
ATTEST:
lg.'( Lh
Audrey Ho o r
City Clerk
Resolution No. 9728 (2005 Series)
Page 3
APPROVED AS TO FORM:
Jong n Lowell
City Attorney
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