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Home My WebLink Aboutr 10456 amend water & wastewater impact feesRESOLUTION NO. 10456 (2013 Series) ARESoLUTIoNî$"tff t?iÌ^io\kHTto*itåio.åMsENDING*ATER \ryHEREAS, Chapter 4.20.140 of the City of San Luis Obispo Municipal Code establishes water and wastewater development impact fees, hereinafter referred to as impact fees, and provides for the setting of impact fee amounts and other matters by resolution of the Council; and WHEREAS, the Council has received the 2000 Wastewater System Master Plan which identifies needed improvements to the City's sewer systems including lift stations and other infrastructure needs to meet General Plan build-out; and WHEREAS, the Council has approved the 2011 Water Reclamation Facility Master Plan which identifies capacity, treatment processes and other improvements to meet General Plan build-out; and WHEREAS, updated cost information for the Catchment Area lift stations necessitate updating the area specific "add-on" fees to address new development's share of the cost for the lift stations; and WHEREAS, on February 10, 2004 rhe Council for the City of San Luis Obispo directed staff to proceed with participation in the Nacimiento Pipeline \üater Supply Project to provide additional water supplies for new development and service reliability for existing customers; and WHEREAS, on March 7,2006 the Council approved the 'Water Treatment Plant Master Plan improvements which provided additional treatment processes and capacity to meet General Plan build-out; and \ryHEREAS, modihcation of rates and charges by public agencies is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15273 of the Public Resources Code because the change in fees is not intended to fund expansion of capital projects not othelwise evaluated under CEQA. Both Wastewater and Water Treatment Master Plans were evaluated for their respective impacts to the environment and this action to adjust fees merely provides a more equitable distribution of costs associated with envisioned infrastructure. \ryHEREAS, an analysis of the required amendments to both the water and wastewater impact fees to support the City's operations, maintenance and debt service in the Nacimiento Pipeline Water Supply Project, the facility and system improvements identified in the Wastewater Master Plan, Water Reclamation Facility Master Plan, Water Treatment Plant Master Plan and updated cost information for the catchment area lift stations have been completed and amended fees identified as included in the attached Exhibits A and B. R 10456 ResolutionNo. 10456 (2013 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as that: SECTION 1. Findings a. The purpose of impact fees is to protect the public health, safety, and general welfare by providing adequate water supply, treatment, distribution, and wastewater collection and treatment facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's water and wastewater facilities and improvements. b. The impact fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact lee analysis and shall not be in lieu of any other fee or tax as may be required by the Municipal Code. c. There is a reasonable relationship between the types of development on which the impact fees are imposed and the use of the impact fees and the need for the facilities and improvements. All new development requires adequate water supply, treatment and distribution as well as wastewater collection and treatment facilities to protect the public health and safety. d. As required by Government Code Section 66001 et seq., there is a reasonable relationship between the amount of the impact fees and the cost of the facilities and improvements attributable to the developments on which the impact fees are imposed. The estimated costs of facilities and improvements, including f,rnancing costs, to be paid for by impact fees as shown in the 2013 Cily of San Luis Obispo Water and Vy'astewater Development Impact Fee Study analysis prepared by City of San Luis Obispo's Utilities Department and peer reviewed by HDR Engineering, the findings and analysis of which are hereby incorporated by reference, have been allocated to new development on the basis of dwelling unit type (residential) or water meter size (non-residential). SECTION 2. Cost Estimates At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Finance Director shall review the impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are signihcantly affected, the Finance Director shall, within thirty (30) days, recommend to the Council a revised fee for their consideration. SECTION 3. Amount of Impact Fees Effective July 1, 2073, impact fees shall be in the amounts set fort h in Exhibits A and B attached hereto. Unless otherwise acted upon by the Council, the amount of the impact fees will automatically be adjusted on July I of each subsequent year by the annual percentage change in the U .S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI-U), all- cities average for the prior calendar year. Since the facilities and improvements for which Resolution No. 10456 (2013 Series) Page 3 connection impact fees are charged will be financed through bonds or other form of debt, the annual adjustments are indexed to consumer prices rather than construction costs. SECTION 4. Time of Payment a. Impact fees for any development project or portion thereof shall be payable prior to issuance of building permits required for that development or at a later time as determined by the Community Development Director, and shall be collected by the Building Ofhcial. Under Government Code Section 66007(b), the City is authorized to collect the impact fees at the time of building permit issuance or at a subsequent date because the impact fees are for public facilities and improvement s for which an account has been established and funds appropriated, and for which the City has adopted a proposed construction schedule; or the impact fees are to reimburse the City for expenditures previously made. b. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the application is proceeding through valid processing as per the Uniform Administrative Code. SECTION 5. Exemptions a. Fire Protection. Upgrading existing water services and/or meters for the sole purpose of providing new or improved fire protection facilities shall be exempt from any impact fee provided for in this resolution. b. Landscape Irrigation. Any water services and/or meters installed solely for landscape irrigation purposes for properties with existing water service shall be exempt lrom any impact fees provided for in this resolution. However, if an increase in water demand is required, the Utilities Director shall impose a water impact fee. SECTION 6. Separate Accounts The Finance Director shall deposit fees collected under this resolution in separate water impact fee and wastewater impact fee accounts as required by Government Code Section 66006. Within sixty (60) days of the close of each hscal year, the Finance Director shall make available to the public an accounting of the fund, and the City Council shall review that information at its next regular public meeting. Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: NOES: ABSENT: Council Members Ashbaugh, Carpenter and Christianson and Mayor Marx Vice Mayor Smith None ResolutionNo. 10456 (2013 Series) Page 4 The foregoing resolution was adopted on this 20th day of August 2013 Jan Marx ATTEST: S , MMC Interim City Clerk APPROVED AS TO FORM: stine D City Attorney Resolution No. 10456 (2013 Series) Page 5 Exhibit A WATER DEVELOPMENT IMPACT FEE Effective July 1,2013 Equivalent Dwelling Unit (EDU)Water Development Impact Fee Residential Single-family Unit 1.0 $ 10,775 Multi-family Unit 0.7 s7,542 Mobile Home 0.6 $6,465 Studio Unit, 450 square feet or less 0.3 $3,232 Non-Residential (Meter Size) 3/4 "1.0 $ 10,775 1 ))1.7 $ 18,317 1.5"3,4 $36,633 2"5.4 $58,182 -t t0.7 $1 15,287 4"16.7 $179,934 6"33.4 $359,869 Resolution No. 10456 (2013 Series) Page 6 Exhibit B WASTEWATER DEVELOPMENT IMPACT FEE Effective July 1,2013 Land Use Type EDU Citywide Fee Additíonal Catchment Area Charges Margarita Tank Farm Silver City Calle Joaquin Laguna Residential Unit Residentia l, Single Family 1.0 5 3,729 5 2,745 S 3,0¡o s 1,356 s 1,829 s 4eo Residential, Multi Family o.7 S 2,610 5 1,922 5 2,541,S g+g 5 1,280 s 343 Mobile Home 0.6 5 2,237 S t,647 5 2,178 S sr¿s 1,097 5 2e4 Studio Unit (450 sf or less)0.3 S 1,119 s 824 s 1,089 s 407 s s49 5 L47 Non-Residential (Meter Size) 5f 8" to 3f 4"1.0 5 3,729 S 2,745 5 3,ogo S 1,356 s 1,829 s 4so T 1.7 s 6,339 s 4,667 5 6,tlt S 2,305 s 3,109 s 833 1.-1f 2"3.4 5 r2,6tg s 9,059 5 11,,979 5 4,47s S 6,036 5 1,,617 2 5.4 s 20,135 5 r4,s49 s 19,239 $ 7,187 $ 9,69+5 2,s97 3 t0,7 s 39,897 5 29,372 S 38,841 S 14,509 S 19,570 5 5,243 4 16.7 5 62,274 5 4s,842 S oo,ozt 5 22,645 S Eo,s++s 8,183 6 33.4 S tz+þqo S 91,409 5 120,879 S 45,155 s 60,906 5 ta,zy