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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 WREN -VI 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. I' 1::1 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. 11019 .. 1..1 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 I' 1::1 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 I' 1::1 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