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Home My WebLink About12/4/2018 Item 7, Codron City of San Luis Obispo, Council Memorandum DATE: December 4, 2018 TO: City Council FROM: Michael Codron, Community Development Director Jon Ansolabehere, Assistant City Attorney VIA: Derek Johnson, City Manager DJ SUBJECT: 12-4-18 Council Agenda Item #7: Avila Ranch Final Map ENC: 1. Condition #126 Change Summary Letter 2. Reimbursement Agreement Exhibits 1-4 The purpose of this memo is to provide additional information for the record as the Avila Ranch Tract 3089 project moves forward with the first phase of development. There are three items covered herein. (1) A copy of the amendment of Condition 126 of Tract Map 3089 is provided. (2) A clarification regarding the applicability of in-lieu park fees for the overall project. (3) A draft copy of the Public Reimbursement Agreement which further outlines the process for Avila Ranch’s reimbursement for certain infrastructure improvements that are in excess of the project’s fair share. Condition 126: Attachment 1 includes an executed letter agreement regarding changes to Condition 126, which covers the timing and manner of a project to install ramp meters on the Los Osos Valley Road/Highway 101 Southbound ramps. The scope and cost of this project has grown considerably, necessitating a revised condition that has been coordinated with Caltrans. The language of the revised condition, including findings that explain why the change is consistent with the City’s Municipal Code, is attached. Parkland Dedication: In regard to Avila Ranch’s parkland dedication requirements, the staff report, and resolution accurately describe that the Phase 1 final map will provide parkland at the rate of approximately 10 acres per 1,000 residents, which is the normal city requirement. There is discussion in the staff report indicating that because this meets the City’s standard, no in-lieu fees will be required. The inference is that in any future phase where the cumulative park area is less than 10 acres per 1,000 residents, in-lieu park fees will be paid. Staff wishes to clarify that according to the approved Development Agreement for Avila Ranch, there is no requirement to pay in-lieu fees for parkland because the Avila Ranch project is obligated to actually build the parks. Specifically, no option exists for the developer to pay in-lieu fees because in no case would the City be responsible for collecting fees and using them to deliver parks – that is the requirement of the developer. Staff Item #7 – Avila Ranch Final Map Page 2 wanted to correct the record to ensure that there is no confusion during the processing of future phases regarding the requirements of the project to build parks in a manner consistent with the requirements outlined in the Development Agreement and Airport Area Specific Plan. Public Reimbursement Agreement Finally, Attachment 2 includes a draft public reimbursement agreement that describes the manner in which the Avila Ranch project will be reimbursed or credited for expenditures made beyond its fair share in the course of building public improvements. In other words, rather than have Avila Ranch pay the City fees and the City constructs these improvements, Avila Ranch will construct the improvements and get credit or reimbursement for the costs of construction for the amount in excess of the project’s fair share. These public improvements include projects such as the LOVR/Highway 101 Southbound ramp meters, intersection improvements at South/Higuera and South Higuera/Tank Farm, and various pedestrian and bicycle improvements. The reimbursements and fee credits will come from the Citywide Transportation Impact Fee (TIF) program and the LOVR TIF fee program. It is recommended that the draft resolution approving the final map include the following additional section: SECTION 14. The Mayor is authorized to execute a reimbursement agreement for Tract 3089 in a form substantially the same as shown in the attached document and subject to the final approval of the City Attorney. November 20, 2018 Michael Codron Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Request for Minor Amendment to Tract Map 3089 for the Avila Ranch Project Dear Mr. Codron: This letter requests a minor amendment pursuant to San Luis Obispo Municipal Code section 16.10.160 to the Tract Map 3089 for the Avila Ranch Project ("Project") approved by City of San Luis Obispo City Council Resolution 10832 on September 19, 2017. As described below, the amendment satisfies all conditions in section 16.10.160 for a minor amendment. Further, the amendment is consistent with all other Project entitlements and provides greater security to the City that the improvement identified in Condition 126 will be constructed. A. Proposed Revision Avila Ranch requests the City delete the current version of Condition 126 in its entirety and replace it with the following new Condition 126: The developer shall design and construct a ramp meter for the SB 101 On -Ramp at Los Osos Valley Road as identified in the US 101 Corridor Mobility Master Plan ("Ramp Meter Project'). Developer shall commence construction within six (6) months of the issuance of the encroachment permit. Prior to recordation of the phase one final map, the applicant shall.- a) hall: a) Post a completion bond in the amount of $1.25 million for the Ramp Meter Project in favor of the City of San Luis Obispo; and b) Retain transportation and traffic consultants (Kittelson & Associates and Wallace Engineering) to design the SB 101 On -Ramp at Los Osos Valley Road in accordance with the US 101 Corridor Mobility Master Plan; and c) Post a certificate of deposit in favor of the City for the completion of the Ramp Meter Project design work in the amount of $250, 000 which certificate of deposit the City may draw down for completion of the design work if the applicant suspends work on the project for sixty (60) days; and d) Submit design alternatives for Caltrans review and comment. Avila Ranch Condition 126 Page 2 of 5 The applicant's share of this cost of the Ramp Meter Project is established at 3% of the cost of the Ramp Meter Project, Costs above and beyond this fair share proportion are eligible for crediting against the Los Osos Valley Road Interchange Sub Area Impact fees or any future amendments to the Citywide Transportation Impact Fee or Los Osos Valley Road Interchange Sub Area Fees relevant to this improvement. This condition specific to the SB 101 On -Ramp at Los Osos Valley Road shall be removed and the bond released to the developer if Caltrans or the City deems the design or construction infeasible. Prior to recordation of the phase one final map, the developer shall post a certificate of deposit in the amount of $200, 000 for the design of a ramp meter for the SB 101 On -Ramp at S. Higuera as identified in the US 101 Corridor Mobility master Plan and submit conceptual design alternatives for review and comment of the SB 101 On -Ramp at S. Higuera to CalTrans. B. San Luis Obispo Municipal Code section 16.10.160 Findings The amendment of Condition 126 as stated above ("Amendment") is appropriate and is based on the findings listed below. 1. The Amendment is consistent with San Luis Obispo Municipal Code section 16.10.160 for the following reasons: a. No lots, units or building sites are added or deleted (Section 16.10.160(A)(1)). b, The Amendment is consistent with the intent and spirit of the original tentative map approval in that the original approval intended to have Avila Ranch be responsible for the design and construct a ramp meter for the SB 101 On -Ramp at Los Osos Valley Road as identified in the US 101 Corridor Mobility Master Plan, subject to reimbursement for all costs exceeding three percent of project costs (Section 16.10.160(A)(2)). C. The Amendment is consistent with the zoning regulations and the building code, the general plan and the Subdivision Map Act in that none of those provisions required the construction of the improvement in the first place (Section 16.10.160(A)(3)). d. The Amendment does not change any expiration dates. (Section 16.10,160(B)). 2. The Amendment will enhance the developer's ability to deliver the improvement. 3. Caltrans has consented to the City's amendment of the condition. 4. The Amendment does not require any supplemental or subsequent environmental review pursuant to Public Resources Code section 21166. Condition 126 is not a mitigation measure called for by the Environmental Impact Report prepared for the Project. Avila Ranch Condition 126 Page 3 of 5 Please confirm that the amendment is acceptable to you by countersigning this letter, executing the attached Modification of Condition 126, and placing the Modification on the December 4, 2018 Council Agenda for the Council to affirm the modification. Sill I, Michael Codron, community development director, consent to the terms of this letter and the modification of Condition 126. Executed on this '2G day of November, 2018, in San Luis Obispo County, Califor ' Mic iae[ odroii Avila Ranch Condition 126 Page 4 of 5 Amendment of Condition 126 of Tract Map 3089 Pursuant to the authority delegated to me by the City of San Luis Obispo Municipal Code section 16.10.160, I, Michael Codron, Community Development Director of the City of San Luis Obispo, approve the Amendment of Condition 126 of Tract Map 3089 approved on September 19, 2017 based on the terms and findings set forth below. A. Findings The City of San Luis Obispo finds that the amendment of Condition 126 as set forth in Section B below is based on the following findings of fact: 1. The Amendment of Condition 126 as set forth in is consistent with San Luis Obispo Municipal Code section 16.10.160 for the following reasons: a. No lots, units or building sites are added or deleted (Section 16.10.160(A)(1)). b. The Amendment is consistent with the intent and spirit of the original tentative map approval in that the original approval intended to have Avila Ranch be responsible for the design and construct a ramp meter for the SB 101 On -Ramp at Los Osos Valley Road as identified in the US 101 Corridor Mobility Master Plan, subject to reimbursement for all costs exceeding three percent of project costs (Section 16.10.160(A)(2)). C. The Amendment is consistent with the zoning regulations and the building code, the general plan and the Subdivision Map Act in that none of those provisions required the construction of the improvement in the first place (Section 16.10.160(A)(3)). d. The Amendment does not change any expiration dates. (Section 16.10.160(B)). 2. The Amendment will enhance the developer's ability to deliver the improvement. 3. Caltrans has consented to the City's amendment of the condition. 4. The Amendment does not require any supplemental or subsequent environmental review pursuant to Public Resources Code section 21166. Condition 126 is not a mitigation measure called for by the Environmental Impact Report prepared for the Project. 5. All City departments concur in this amendment. Avila Ranch Condition 126 Page 5 of 5 B. Amendment The City of San Luis Obispo hereby deletes Condition 126 of Tract Map 3089 as approved City of San Luis Obispo by City Council Resolution 10832 on September 19, 2017 and replaces it by the following condition: The developer shall design and construct a ramp meter for the SB 101 On -Ramp at Los Osos Valley Road as identified in the US 101 Corridor Mobility Master Plan ("Ramp Meter Project'). Developer shall commence construction within six (6) months of the issuance of the encroachment permit. Prior to recordation of the phase one final map, the applicant shall.- a) hall: a) Post a completion bond in the amount of $1.25 million for the Ramp Meter Project in favor of the City of San Luis Obispo; and b) Retain transportation and traffic consultants (Kittelson & Associates and Wallace Engineering) to design the SB 101 On -Ramp at Las Osos Valley Road in accordance with the US 101 Corridor Mobility Master Plan; and c) Post a certificate of deposit in favor of the City for the completion of the Ramp Meter Project design work in the amount of $250, 000 which certificate of deposit the City may draw down for completion of the design work if the applicant suspends work on the project for sixty (60) days; and d) Submit design alternatives for Caltrans review and comment. The applicant's share of this cost of the Ramp Meter Project is established at 3% of the cost of the Ramp Meter Project. Costs above and beyond this fair share proportion are eligible for crediting against the Los Osos Valley Road Interchange Sub Area Impact fees or any future amendments to the Citywide Transportation Impact Fee or Los Osos Valley Road Interchange Sub Area Fees relevant to this improvement. This condition specific to the SB 101 On -Ramp at Los Osos Valley Road shall be removed and the bond released to the developer if Caltrans or the City deems the design or construction infeasible. Prior to recordation of the phase one final map, the developer shall post a certificate of deposit in the amount of $200, 000 for the design of a ramp meter for the SB 101 On -Ramp at S. Higuera as identified in the US 101 Corridor Mobility master Plan and submit conceptual design alternatives for review and comment of the SB 101 On -Ramp at S. Higuera to CalTrans. This condition shall be reflected on Tract Map 3089 on file at the City of San Luis Obispo. Executed on thisG day of November, 2018, in San Luis Obispo County, California. G Michae Codron