HomeMy WebLinkAboutR-10850 - Approve Corrections to the Orcutt Area Specific Plan Park FeesRESOLUTION NO. 10850 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING CORRECTIONS TO THE
ORCUTT AREA SPECIFIC PLAN PARK FEES
WHEREAS, in 2010 the City Council adopted the Orcutt Area Specific Plan (OASP) that
included a Public Facilities Financing Plan (PFFP) that established a program for providing public
parks within the OASP Planning Area; and
WHEREAS, the OASP and PFFP established a program of centralizing public parks on the
property known as the Righetti Ranch site, for the use and benefit the entire plan area; and
WHEREAS, by centralizing parks on one property, the OASP established a program of
requiring other owners within the OASP to contribute "in -lieu" fees to cover a fair share contribution
to Parklands Acquisition on the Righetti site; and
WHEREAS, the 2010 OASP and PFFP set fees for each property within the plan area, and
called for the periodic update of those fees; and
WHEREAS, in 2016, the City Council updated the PFFP, and following that action an error
in the formula for calculating Parklands Acquisition In -Lieu Fees was discovered that did not
equitably spread the full cost of in -lieu fee reimbursements over all benefitting OASP properties; and
WHEREAS, corrections to the Parklands Acquisition In -Lieu Fee formula to properly
allocate those fair share contributions to each benefitting property is appropriate and timely; and
WHEREAS, the existing fee structure for the OASP combines both the Parklands
Acquisition In -Lieu Fee and the Park Improvement Fee into a single fee, which inhibits the ability
to accurately manage fee credits due developers when they dedicate parkland and/or build park
improvements within their respective subdivisions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Continued Findings. The corrections to the Orcutt Area Specific Plan (OASP)
Parklands Fees are based on the City Council making the following continued findings:
(A) The purpose for the OASP Parklands Fees are to establish an equitable method of
sharing the costs of (i) acquiring lands for public parks within the GASP, and (ii) providing a
mechanism for improvement of those public parks in a manner consistent with the City General Plan,
Parks and Recreation Element and the OASP detailed planning policies for the Plan Area. Because
there are multiple ownerships within the GASP, locating public parklands in the appropriate locations
did not necessarily follow discrete property ownerships, instead placing the burden for providing
public parks in areas that were disproportionate to land ownership patterns. Effectively, one property
owner (Righetti Ranch) was burdened with providing nearly all the public parklands for the entire
GASP. To reconcile the inequity of locating public parks largely on a single site, a program for
R 10850
Resolution No. 10850 (2017 Series) Page 2
collecting a fair share of the costs of those lands spread across all OASP owners became the
"Parklands Acquisition In -Lieu Fee" due for any and all developing properties within the GASP.
Addressing an equitable method for improving these public parks, a fee for the construction of the
public parks was codified as the "Parkland Improvement Fee".
(B) The use of the fees is twofold. The "Acquisition Fee" was established to compensate
the owners of the Righetti site for public park lands they set aside above and beyond their project's
fair share demands, to provide those additional lands for use by other owners within the OASP area,
and to alleviate the land area dedications for parks otherwise required on individual sites, freeing up
those areas for residential and/or commercial development in furtherance of the goals of the OASP.
The "Improvement Fee" is collected from all developing properties and used by the City to fund the
construction of the project improvements.
(C) There is a continued need for the improvements and there is a reasonable relationship
between the fee and the demand for public parks created by new residential development and the
provision of those lands and improvements within the OASP area based on established City policy.
Specifically, the OASP establishes 16.5 acres of public parks that are subject to this Fee program, and
anticipates another —4 acres of public park space located within the OASP area. The "Acquisition"
and "Improvement" Fees referenced herein and under the OASP are directed at completing the 16.5
acres called for as public parks in the Plan Area.
(D) The sources and amounts of funding anticipated to complete the financing of the
improvements have been identified and will be deposited into the appropriate account upon receipt
and used to fund such improvements.
SECTION 2. The modifications to Table 9 of the Public Facilities Financing Plan and Orcutt
Area Specific Plan as set forth in Exhibit "A" attached hereto and incorporated herein, are hereby
approved.
SECTION 3. The Community Development Director is authorized to administer and
implement these fees as provided therein.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
R 10850
Resolution No. 10850 (2017 Series)
Page 3
SECTION 5. Environmental Review. The Orcutt Area Specific Plan (OASP) and an
associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010.
Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the 2016
Update of the PFFP, were anticipated as mitigation measures to secure needed infrastructure in
supporting orderly growth in the OASP Planning Area. In this case the corrections to Table 9 are
consistent with these earlier CEQA determinations and is statutorily exempt pursuant to Section
15273 of the CEQA Guidelines. Therefore, no further environmental review is required.
Upon motion of Council Member Pease, seconded by Vice Mayor Christianson,
and on the following roll call vote:
AYES: Council Members Gomez, Rivoire and Pease,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 12`h day of December 2017.
May r H di Harmon
ATTEST:
Carrie Gallagher
City Clerk
AS
ine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of , C24D ) 4.
Carrie Gallagher
City Clerk
R 10850
Resolution No. 10850 (2017 Series)
EXHIBIT A
W W§ Y P. Q O� Q W
Nag mail 9 w
N
a �
P
� n
�L
S
C
i�
O, N N N N ei rl N V N R
n
9
R �
Page 4
R 10850