HomeMy WebLinkAbout3/13/2019 Item 2, Peck
Goodwin, Heather
From:Stephen Peck <Steve@PeckPlanning.com>
Sent:Tuesday, March
To:Advisory Bodies
Cc:Fowler, Xzandrea
Subject:Planning Commission; Item No. 2; 1st Amendment to Avila Ranch DA
Attachments:Ltr to PC.pdf
Stephen J. Peck, AICP
Peck Planning and Development, LLC
2455 Greenwood Avenue
Morro Bay, CA 93442
Planning*Development*Economics
Steve@PeckPlanning.com
(559)731-5778 cell
1
March 12, 2019
San Luis Obispo Planning Commission
990 Palm Street
San Luis Obispo, CA 93401
Re: Agenda Item 2, First Amendment Avila Ranch Development Agreement Amendment
Commissioners:
First a couple of apologies. I am unable to be there for the hearing on the DA amendment. Pam Ricci
of RRM is will be there in my stead. Second, and most importantly, I apologize for being the only item on the
agenda and the one preventing you from having a well-deserved Wednesday night off.
The amendment to the Development Agreement is a pretty surgical amendment that is designed to
address an unanticipated delay in the preparation of the Los Osos Valley Road Fee (LOVR) update that is
being prepared. It was anticipated that this matter would have been completed in advance of recording the
final map for the first phase of Avila Ranch (at which time fees are to be locked in). Unfortunately, it has been
delayed and we would be faced with delaying the recordation of the final map (and actually starting
construction) until the new fees take effect, which could be much later this year. The amendment that has
been crafted by staff, and agreed to by Avila Ranch, establishes the LOVR fees as those contained in the
upcoming amendment, and not those from the previous, and now outdated, fee study.
The proposed amendment does not change any other aspects of the project other than the timing of
when the fees are established.
Normally, impact fees are fixed at the time of the adoption of the vesting map, or fixed as part of the
Development Agreement. In the case of our Development Agreement, updates to the city’s traffic, water,
wastewater, and other fees were underway. As a result, we agreed to not fix the fees at the time of the
vesting map and consented to allow the fees to be established at the time of the future update. All but the
LOVR fees were updated in April of 2018, and those fees apply to the project. The LOVR fees were to f ollow
on the heals of the Citywide fees, but have been delayed. The DA amendment essentially establishes the
same condition on the LOVR fees as was applied to the Citywide traffic, water, wastewater, and other fees—
that the updated fees shall apply rather than older fees.
Thank you for you time on this matter and ask that you approve the amendment proposed by staff.
Sincerely,
Stephen J. Peck, AICP
Project Manager