HomeMy WebLinkAboutR-10880 AMENDING WATER AND WASTEWATER DEVELOPMENT IMPACT FEESRESOLUTION NO. 10880 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING WATER AND WASTEWATER
DEVELOPMENT IMPACT FEES
WHEREAS, Chapter 4.20.140 of the City of San Luis Obispo Municipal Code established
water and wastewater development impact fees and provides for the setting of the fee amounts and
other matters by resolution of the Council; and
WHEREAS, the City Council has approved the Water Resource Recovery Facility
Facilities Plan including regulatory requirements and capacity improvements necessary to
accommodate growth under the City's General Plan; and
WHEREAS, on February 10, 2004 the Council for the City of San Luis Obispo directed
staff to proceed with participating in the Nacimiento Pipeline Water 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 process and capacity to meet General
Plan build -out; and
WHEREAS, updated cost information for capital projects necessitate updated the fees to
address new development's share of the cost for lift stations and other capital projects; and
WHEREAS, modification 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 in not intended to fund expansion of capital projects
not otherwise evaluated under CEQA. All Master Plans were evaluated for their respective impacts
to the environment and this action to adjust fees merely provides a mode equitable distribution of
costs associated with envisioned infrastructure; and
WHEREAS, an analysis of the required amendments to both the water and wastewater
development 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
Water Resource Recovery Facility Facilities Plan, the Water Treatment Plant Master Plan, and
updated cost information for lift stations and other capital projects have been completed and
amended fees identified as included in the attached Exhibits A and B.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings
a) The purpose of development impact fees is to protect the public health, safety, and
general welfare by providing adequate water supply, treatment, distribution and
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Resolution No. 10880 (2018 Series)
Page 2
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 development impact fees collected pursuant to this resolution shall be used
only to pay for facilities and improvements identified in the development impact
fee 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
development impact fees are imposed and the use of the development 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 development impact fee and the cost of the
facilities and improvements attributable to the developments on which the
development impact fees are imposed. The estimated costs of facilities and
improvements, including financing costs, to be paid for as shown in the 2017 Water
and Wastewater Capacity and Connection Fee Study prepared by HDR
Engineering, Inc. the findings and analysis of which are hereby incorporated by
reference, have been allocated to new development on the basis of dwelling unit
size and 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 development
impact fee analysis changes, the Finance Director shall review the development impact fee and
determine whether the change affects the amount of the development impact fees. If the
development impact fees are significantly affected, the Finance Director shall, within thirty (30)
days, recommend to the Council a revised fee for their consideration.
SECTION 3. Amount of Development impact Fees
Effective July 1, 2018, water and wastewater development impact fees shall be in the
amounts set forth in Exhibits A and B attached hereto. Unless otherwise acted upon by the Council,
the amount of the development impact fees will automatically be adjusted on July 1 of each
subsequent year by the Municipal Cost Index for the prior year.
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Resolution No. 10880 (2018 Series)
SECTION 4. Time of Payment
Page 3
a) Development impact fees for any development project or portion thereof shall be
payable prior to issuance of building permits required for that development or later
as determined by the Community Development Director and shall be collected by
the Building Official. Under Government Code Section 66007(b), the City is
authorized to collect the development impact fee at the time of building permit
issuance or at a subsequent date because the development impact fees are for public
facilities and improvements for which an account has been established and funds
appropriated, and for which the City has adopted a proposed construction schedule,
or the development impact fees are to reimburse the City for expenditures
previously made.
b) For any development project or portion thereof, development impact fees shall be
assed 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 development 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 from any development impact fees provided for in this resolution. However,
if an increase in water demand is required, the Utilities Director shall impose a
water development impact fee.
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Resolution No. 10880 (2018 Series)
SECTION 6. Separate Accounts
Page 4
The Finance Director shall deposit fees collected under this resolution in separate water
development impact fee and wastewater development impact fee accounts as required by
Government Code Section 66006. Within sixty (60) days of the close of each fiscal 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 Vice Mayor Christianson, seconded by Council Member Pease, 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 3`d day of Anril ?019-
ATTEST:
01R_
ATTEST:
Lh"tk ---
Teresa Purrington
Acting City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this )dam day of
A � —
Adh�
Teresa Purrington
Acting City Clerk
Resolution No. 10880 (2018 Series)
EXHIBIT A
WATER DEVELOPMENT IMPACT FEES
Effective July 1, 2018
Page 5
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Equivalent
Dwelling Unit
EDU
Water Development
Impact Fee
Residential (by Unit Size)
Residential Unit 1,201 square feet or more)
1.0
$11,872
Residential Unit 801-1200 square feet or more
0.8
$9,498
Residential Unit 451 to 800 square feet
0.7
$8,310
Mobile Home
0.6
$7,123
Studio Unit 450 square feet or less
0.3
$3,562
Non -Residential (by Meter Size
3/4"
1.0
$11,872
1"
1.7
$20,182
1.5"
3.4
$40,365
2"
5.4
$64,109
3"
10.7
$127,030
4"
16.7
$198,262
6"
33.4
$396,525
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Resolution No. 10880 (2018 Series)
EXHIBIT B
WASTEWATER DEVELOPMENT IMPACT FEES
Effective July 1, 2018
Page 6
Equivalent
Dwelling Unit
EDU
Wastewater
Development
Impact Fee
Residential (by Unit Size
Residential Unit 1,201 square feet or more)
1.0
$10,721
Residential Unit 801-1200 square feet or more)
0.8
$8,577
Residential Unit 451 to 800 square feet
0.7
$7,505
Mobile Home
0.6
$6,433
Studio Unit 450 square feet or less
0.3
$3,216
Non -Residential by Meter Size
3/4"
1.0
$10,721
1"
1.7
$18,226
1.5"
3.4
$36,451
2"
5.4
$57,893
3"
10.7
$114,715
4"
16.7
$179,041
6"
33.4
$358,081