HomeMy WebLinkAbout09-30-2014 ph1 Memo from CDD Director Johnson (2)Council Memorandum
Date: September 29, 2014
TO: Mayor and City Council
COUNCIL MEETING: oci 3 14
ITEM NO.: p 4t
FROM: Derek Johnson, Community Development Director
VIA: Katie Lichtig, City Manager@ -(�,
RECEI1fED
SEP 2 9 2014
SLO CITY CLERK
SUBJECT: Economic Strategic Plan and "Fair Share" -Land Use and Circulation
Elements (PHI)
Staff has received the following questions in advance of upcoming LUCE hearings.
1. Are there plans to incorporate the EDSP into the LUCE?
The following program was added during the LUCE update. It is on Page #63 of the LUCE:
3.5.7.12 Business Retention and Expansion
The City shall implement the Economic Development Strategic Plan and other
appropriate strategies for business retention and expansion with a focus on those
providing head -of- household jobs.
2. Please provide a definition of "fair share "?
The LUCE update proposes policy revisions to Poly 1.13 (Page 38) of the Land Use Element.
The proposed policy would read as follows:
1.13 Costs of Growth
The City shall require the costs of public facilities and services needed for new
development sha 11 be borne by the new development, unless the community chooses to
help pay the costs for a certain development to obtain community -wide benefits. The City
shall consider a range of options for financing measures so that new development pays its
fair share of costs of new services and facilities required to serve the project. The City
will adopt a development t�ae progmm aiid other appfepFia4e fiflalwifig ffiekisul:es, se t!
it-.
The term fair share really is a term that came into broad use following the Court's rulings in
Dolan and Nollan' cases. Nollan and Dolan standards typically mean that fees and exactions
must be "`reasonably related to the added growth attributable to the development,' and the
maximum fee `shall not exceed the property owner's "fair share" of such improvement costs. "'
The standard is "rough proportionality." These standards do not require exactitude because they
do not establish a precise mathematical calculation, but will require that the City make a
09 -30 Agenda Correspondence — LUCE Airport Policies Page 2
determination based on findings to show what extent public improvements are necessitated by
development.
After Nollan and Dolan, City conditions for a development project, including payment of impact
fees, are constitutional only if they address problems the development project created, and do not
extend into requirements that the project pay for public benefits. Again, no exact standard, it
will be up to the City as part of the next phase following the LUCE adoption to update the City's
Development Impact Fee AB 1600 study to show the relationship between new development and
fees to address a development projects' impacts.
Please contact Derek Johnson, djohnson ,slocit�org or 805- 781 -7187, for questions or
comments in advance of the Council meeting.
Ocouncil agenda reports\2014\2014 -09 -30 (special mtg) \luce update ( Johnson- murry)\ agendacorr \acjohnsonairport092914.docx