HomeMy WebLinkAboutR-11020 amending the City’s Wastewater Development Impact FeesRESOLUTION NO. 11020 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY'S WASTEWATER
DEVELOPMENT IMPACT FEES
WHEREAS, Chapter 4.20.140 of the City of San Luis Obispo Municipal Code established
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, the City Council has approved the Wastewater Collection System
Infrastructure Renewal Strategy including capacity improvements necessary to accommodate
growth under the City's General Plan; and
WHEREAS, updated cost information for capital projects necessitate updating the fees to
address new development's share of the cost for lift stations; 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 amendment to the wastewater development
impact fees to support the City's operations, maintenance and debt service in the Water Resource
Recovery Facility Facilities Plan, the Wastewater Collection System Infrastructure Renewal
Strategy, and updated cost information for lift stations and other capital projects have been
completed and amended fees identified as included in the attached Exhibit 1.
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 wastewater collection and treatment facilities to
satisfy the needs of new development and to mitigate the impacts of new development
on the City's wastewater facilities and improvements.
b) 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.
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Resolution No. 11020 (2019 Series)
Page 2
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
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 fees are
imposed. The estimated costs of facilities and improvements, including financing costs,
to be paid for as shown in the 2019 Wastewater Development Impact 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 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 June 5, 2019, wastewater development impact fees shall be in the amounts set
forth in Exhibit 1 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 year by the U.S. Bureau
of Labor Statistics consumer price index for all urban consumers (CPI -U), all cities average for
the prior year. Since the facilities and improvements for which development impact fees are
charged will be financed through bonds or other form of debt, the annual adjustments are indexed
to consumer prices rather than construction costs.
SECTION 4. Time of Payment
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 at a later
time 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
assessed 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.
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Resolution No. 11020 (2019 Series)
SECTION 5. Separate Accounts:
Page 3
The Finance Director shall deposit fees collected under this resolution in separate
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 Council Member Christianson, seconded by Vice Mayor Pease, and on the
following vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of June 2019.
Mayor idi r
armor,
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TG -MRM:
J. Mistine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this J3` day of June, 2019.
Teresa Purrington
City Clerk
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Resolution No. 11020 (2019 Series)
EXHIBIT 1
WASTEWATER DEVELOPMENT IMPACT FEE
Effective June 5, 2019
Page 4
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Equivalent Dwelling
Unit EDU
Wastewater
Development Impact Fee
Residential (by Unit Size
Residential Unit (1,201 sq. ft. or more)
1.0
$ l 1 026
Residential Unit 801 to 1,200 sq. ft.
0.8
W821
Residential Unit 451 to 800 sq. ft.
0.7
$7,719
Mobile Home
0.6
$6,616
Residential Unit (450 sq. ft.) or less
0.3
3 307
Non -Residential by Meter Size
3/a" Meter
1.0
$11,026
1" Meter
1.7
$18,744
1.5" Meter
3.4
$37,488
2" Meter
5.4
$59,540
3" Meter
10.7
$117,978
4" Meter
16.7
$184,134
6" Meter
33.4
$36822 8
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