HomeMy WebLinkAboutR-10879 AMENDING AND ESTABLISHING CAPITAL FACILITIES FEE - ALSO REFERRED TO AS DEVELOPMENT IMPACT FEESRESOLUTION NO. 10879 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING AND ESTABLISHING CAPITAL
FACILITIES FEE, ALSO REFERRED TO AS DEVELOPMENT IMPACT
FEES
WHEREAS, existing local, state and federal resources are insufficient to meet the City of
San Luis Obispo's capital improvements infrastructure and facility needs for transportation, parks
and recreation, general government, and public safety; and
WHEREAS, new development generally increases the demand for capital infrastructure
improvements and facilities and affect the quality of the community's infrastructure; and
WHEREAS, the public interest, convenience, health, safety and/or welfare require that
fire, parks and recreation, police, and transportation infrastructure be provided for the maintenance
and enhancement of the quality of life of the City's residents; and
. WHEREAS, the City of San Luis Obispo has a critical need to ensure that impacts from
new development to transportation, fire, parks and recreation, police, and general government
(hereinafter defined as "capital improvements") are addressed, and development impact fees are a
commonly -used mechanism to address this need; and
WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as
a home rule charter city, has the power to make and enforce all ordinances and regulations in
respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that
protect the health, safety, and/or welfare of its residents; and
WHEREAS, Section 203 of the San Luis Obispo City Charter provides that the City has
the right and power to make and enforce all laws and regulations in respect to municipal affairs;
and
WHEREAS, the Mitigation Fee Act (AB 1600), codified in California Government Code
Sections 66000-66025, establishes the legal requirements for a jurisdiction to implement a
development impact fee program in conformance with constitutional standards; and
WHEREAS, many cities and counties have adopted and imposed capital improvement
impact fees on new development to ensure that impacts from new development are addressed; and
WHEREAS, policies supporting development impact fees for capital improvements are
included in the recently adopted specific plans and related General Plan amendments, for Avila
Ranch, San Luis Ranch, Orcutt Area, Margarita Area, and the Airport Area, as well as the 2014
Land Use and Circulation Element (LUCE) of the City's General Plan, the 2015 Housing Element,
and the 2013 Economic Development Strategic Plan; and
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Resolution No. 10879 (2018 Series) Page 2
WHEREAS, the City Council introduced an Ordinance to establish a Capital Facilities Fee
Program that identified the impact fees that are necessary to maintain an adequate level of capital
improvement infrastructure for transportation, parks and recreation, public safety, and general
government at a duly noticed public hearing, at a regular meeting of the City Council on April 3,
2018; and
WHEREAS, the City Council adopted Ordinance 1646 amending Chapter 4.56 of the
Municipal Code to establish a Capital Facilities Fee Program that identified the impact fees that
are necessary to maintain an adequate level of capital improvement infrastructure for
transportation, parks and recreation, public safety, and general government at a duly noticed public
hearing, at a regular meeting of the City Council on April 17, 2018. The Capital Facilities Fee
Program, as codified in Chapter 4.56, states that the amount of each Capital Facilities Fee be
established by Resolution of the City Council; and
WHEREAS, an analysis of the required Capital Facilities Development Impact Fees to
support the City's capital improvement infrastructure for transportation parks and recreation,
public safety, and general government was identified in the Capital Facilities Development Impact
Fee Nexus Study, and cost information for capital projects have been completed for the fees
identified as included in the attached Exhibits A and incorporated herein by this reference.
WHEREAS, by this Resolution, the City Council intends on establishing the amount of
such rates and charges.
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 transportation, park and recreation, fire,
police, and general government facilities to satisfy the needs of new development
and to mitigate the impacts of new development on the City's capital 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.
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Resolution No. 10879 (2018 Series)
Page 3
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 Capital
Facilities Development Impact Fee Nexus Study, for the City of San Luis Obispo,
dated March 20, 2018 2018, prepared by Economic Planning Systems, Inc. the
findings and analysis of which are hereby incorporated by reference, have been
allocated to new development.
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, development
impact fees for capital improvement infrastructure associated with transportation, parks and
recreation, public safety, and general government 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.
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 April 2018.
ATTEST:
Teresa Purrington
Acting City Clerk
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Resolution No. 10879 (2018 Series)
APPROVED AS TO FORM:
J. istine Dietrick
ty Attorney
Page 4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this I D`' day of Y , 1 20 1
Teresa Purrington
Acting City Clerk
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Resolution No. 10879 (2018 Series)
EXHIBIT A
CAPITAL FACILITIES DEVELOPMENT IMPACT FEES
Effective July 1, 2018
Page 5
General Total
Land Use Transportation (1) Parks (2) Government (3) Police (4) Fire (6) Recommended Recommended Fee
Fee w/ Adimin_ (6)
Residential
Single Family (7)
1,400 Sq -Ft or Larger (per Unit)
Between 700 and 1,400 Sq. Ft
(Transportation Fee is Per Sq.Ft_
Other Fees are per Unit)
Up to 699 Sq.Ft (per Unit)
Multifamily (per Unit) (8)
1,100 Sq -Ft or Larger (per Unit)
Between 550 and 1,100 Sq.Ft
(Transportation Fee is Per Sq.Ft-
011w Fees are per Unit)
Up to 549 Sq.Ft (per Unit)
Non -Residential
Office (per Sq -Ft.) (9)
Service (Per Sq -Ft-) (9)
Rem (per Sq.FQ (10)
Industrial (per Sq.FL) (9)
Institutional (per Sq.Ft)
Lodging (per Room) (10)
$9,828
$6,030
$0
$668
$569
$17,096
$17,395
$7.02
$6,030
$0
$668
$569
Requires Calculation
$10.09
$4,914
$6,030
$0
$668
$569
$12,182
$12,395
$7,636
$3,530
$0
$481
$410
$12,057
$12,268
$6.94
$3,530
$0
$481
$410
Requires Ca)cuianon
$11.79
$3,818
$3,530
$0
$481
$410
$8,239
$8,383
$9.47
$0
$0
$0.44
$0.38
$10.29
$10.47
$9.47
$0
$0
$0.24
$0.21
$9.92
$10.09
$13.75
$0
$0
$0.24
$021
$14.20
$14.45
$5.82
$0
$0
$0.18
$0.15
$6.15
$6.25
$11.14
$0
$0
$0.24
$0.21
$11.59
$11.79
$3,958
$0
$0
$133
$113
$4,205
$4,278
(1) The transportation fee represents the recommended schedule that applies in most areas of the City. The exceptions are in the LOVR fee subarea and the SLR project area
where reduced Citywide, fees appty.
(2) Recommended fee schedule applies the park fees to single family and multifamily development but nut commercial development Fees shown are for murttfamtly apartments.
Fee for multifamily condos vary per Chapter 4 of the Nexus Study.
(3) Recormrended fee schedule does not chaW a General Government fee_
(4) Ponce fees are disocunled by 54% to achieve the same fee levels that were shared at the January 2018 City Council Study Session, despite the adjustments to the maximum
allowable lee revels
(5) Fire fees are not discounted
(6) Reflects recommerMed fee levels with a 1.75% administrative fee_
(7) The transportation single famfy fee is tiered to inoentivize smal4er, more affordable units. The maximum fee applies to single family units of 1,400 sq ft. and above Below
1,400 sq.fL, fees decrease proportionally by size of the unit A minimum fee is set at 50 percent of the maximum fee.
(8) The irarrsgcrlalon multifamily fee is tiered so that the muitifan* fee never exceeds the single family fee for the same unit size_
(9) The transportation fee for office, service and industrial uses are discounted by 15%. These uses pay 85% of the maximum fee_
(10) The tramsportatior fee for retail and hotel uses are discounted by BO%_ These uses pay 40% of the maximum fee_
Sources: City of San Luis Obispo; Economic S Planning Systems, Inc
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