HomeMy WebLinkAbout7/2/2019 Item 11, HudsonLos Osos Valley Road Subarea
Transportation Impact Fee
Nexus Study
Prepared for:
City of San Luis Obispo
Prepared by:
Economic & Planning Systems, Inc.
June 6, 2019
EPS #191011
Table of Contents
1. INTRODUCTION AND OVERVIEW ................................................................................. 1
Background .............................................................................................................. 1
Legal Context ........................................................................................................... 1
Summary of Maximum Fees ....................................................................................... 2
Fee Program Implementation ..................................................................................... 4
2. LAND USE FORECASTS ........................................................................................... 6
Projected Development Activity .................................................................................. 6
Land Use Categories .................................................................................................. 8
Changes in Projected Development ............................................................................. 9
3. LOVR SUBAREA TRANSPORTATION IMPACT FEE ............................................................ 11
Mitigation Fee Act Nexus Findings ............................................................................. 11
Geography of the LOVR Subarea Fee Program ............................................................ 12
Transportation Improvements and Cost Estimates ...................................................... 15
Fee Calculation ....................................................................................................... 17
4. IMPLEMENTATION AND ADMINISTRATION ..................................................................... 21
Fee Collection and Amount ....................................................................................... 21
Annual Review, Accounting, and Updates ................................................................... 22
Appendices
APPENDIX A: Transportation Impact Fee Improvement List and Cost Allocation
APPENDIX B: Trip Generation Rate Source and Comparison
List of Tables
Table 1 Maximum LOVR Subarea Transportation Impact Fee Schedule ................................ 4
Table 2 Summary of LOVR Subarea Land Use Growth ....................................................... 8
Table 3 Land Use Category Descriptions ........................................................................ 10
Table 4 Summary of Improvements and Costs Included in the Fee Program ...................... 16
Table 5 LOVR Subarea Trip Rates and Total Trip Projections ............................................ 18
Table 6 Average Cost per Trip ...................................................................................... 19
Table 7 Maximum Updated Transportation Impact Fees for LOVR Subarea ......................... 20
List of Figures
Figure 1 Revised Geographic Areas of Updated Transportation Fee Program ........................ 13
Figure 2 LOVR Subarea Geography ................................................................................ 14
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1. INTRODUCTION AND OVERVIEW
This Los Osos Valley Road (LOVR) Subarea Transportation Impact Fee nexus study (Study)
provides the City of San Luis Obispo with the necessary technical documentation to support the
potential adoption of an updated LOVR transportation impact fee. Consistent with City policy,
the fee programs will help ensure that new development contributes its fair share to needed
infrastructure and public facilities, helping to sustain the City’s quality of life and economic
vitality as growth occurs.
Background
In 2018, the City adopted a comprehensive development impact fee program, including updated
transportation and parks fees and new public safety fees. The Citywide fee program was a key
implementation action of the 2014 Land Use and Circulation Element General Plan Update and
was guided by General Plan Policy 1.13.9, which requires that new development pays its
proportionate share of infrastructure costs. In addition, the General Plan Update resulted in
changes to the allowed land uses in the LOVR Subarea, rendering the LOVR Subarea fee land use
categories incompatible with proposed development.
At the time of the 2018 adoption of the Citywide fee program the LOVR Subarea Transportation
fee was left in place “as is” and was not updated. Since the Citywide fee program was adopted in
2018, planned development in the LOVR subarea is more certain and transportation
improvements (and costs) needed to serve the new development are more defined.
This subarea fee update is intended to realign anticipated development and the required
outstanding transportation improvements. For example, the LOVR/U.S. 101 Interchange and
other associated improvements are complete and can be “retired” out of the fee program, while
outstanding reimbursement obligations and remaining projects are now defined and can be
included in the updated fee program. At the same time, the update will provide certainty to
developers about the rules and financial obligations they will face, as well as the reimbursement
obligations of the City, while ensuring that adequate infrastructure will be available to support
growth and enhance competitiveness.
This Study has been prepared by Economic & Planning Systems, Inc. (EPS) under the
management of the Public Works Department, input from stakeholders, and direction from City
Council. To the extent final fee levels will vary from the maximum, justifiable levels established
by this Study, the City Council will make this determination, based on a range of policy
considerations.
Legal Context
Consistent with General Plan policy, this Study provides the necessary technical analysis to
support a new schedule of development impact fees for the LOVR subarea up to the calculated
justifiable maximum to be enabled by Ordinance and adopted by Resolution.
The City currently has an impact fee ordinance that enables the collection of fees for capital
facilities, pursuant to the Mitigation Fee Act and Government Code Section 66000 et seq. The
LOVR Subarea Transportation Impact Fee Nexus Study
Administrative Draft Report 06/06/19
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Mitigation Fee Act sets forth the procedural requirements for establishing and collecting
development impact fees. These procedures require that "a reasonable relationship, or nexus,
must exist between a governmental exaction and the purpose of the condition." The updated
fees described in this Study are consistent with the requirements of the Mitigation Fee Act
(Government Code Section 66000 et seq.) and the most recent relevant case law.
The key requirements of the Mitigation Fee Act that determine the structure, scope and amount
of the potential LOVR Subarea fee program are as follows:
Collected for Capital Facility and Infrastructure Improvements Only. Development
impact fee revenue can be collected and used to cover the cost of capital facilities and
infrastructure that are required to serve new development in the LOVR Subarea. Impact fee
revenue cannot be used to cover the operation and maintenance costs of these or any other
facilities and infrastructure.
Used to Fund Facility Needs Created by New Development Rather than Existing
Deficiencies. Impact fee revenues can only be used to pay for new or expanded capital
facilities needed to accommodate growth. Impact fee revenue cannot be collected or used to
cover the cost of existing deficiencies in the City’s capital facilities or infrastructure. In other
words, the cost of capital projects or facilities that are designed to meet the needs of the
City’s existing population must be funded through other sources. The costs associated with
improvements that serve the needs of both new development and the existing population
and employment are split on a “fair share” basis according to the proportion attributable to
each. Thus, the LOVR Subarea fee program funding will need to be augmented by the City
and other revenue sources to meet overall funding requirements.
Fee Amount Must Be Based on A Rational Nexus. The amount of an impact fee must be
based on a reasonable nexus, or connection, between new development and the needs and
corresponding costs of the capital facilities and improvements need to accommodate it. As
such, an impact fee must be supported by specific findings that explain or demonstrate this
nexus or relationship. In addition, the impact fee amount must be structured such that the
revenue generated does not exceed the cost of providing the facility or improvement for
which the fee is imposed.
Summary of Maximum Fees
Based on the capital facilities needed to serve future development in the LOVR Subarea, the
associated portion of costs that can be allocated to new development, and the proportionate
allocation between different land uses, Table 1 presents the maximum LOVR Subarea impact
fees that can charged to new development to fund transportation improvements. The provisions
of the Mitigation Fee Act allow jurisdictions to include the costs of administering the impact fee
program in the maximum fee. Administration requirements include collecting and allocating
impact fee revenue, record keeping and reporting of fund activity, and periodic updates to the
LOVR Subarea Transportation Impact Fee Nexus Study
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fee program. The City charges an administrative fee of 1.75 percent of the total fee program
cost.1
The revenues generated by the maximum fee schedule would cover new developments’ share of
the transportation needs associated with new development and not funded by direct developer
contributions. For example, the updated LOVR Subarea Fee program will fund outstanding
reimbursements from the City to Costco related to the Calle Joaquin Relocation as well as
remaining projects related to the Los Osos Valley Road/US 101 Interchange, including the south
bound on-ramp metering project. Under the maximum fee schedule, about $4.8 million in 2019
dollars would be generated for transportation improvement investments through buildout of the
Los Osos Valley Road Subarea.
The derivation of the maximum fees is provided in the subsequent chapter, and as discussed in a
subsequent section, to the extent fees are adopted at below their maximum levels, the
requirement for funding from other sources would increase.
1 The administrative add-on to the maximum development impact fees varies among California
jurisdictions. Where included, the addition is typically between 1.0 and 3.0 percent. This CFF
Program applies a 1.75 percent factor, in the middle of the range, and below the City’s 2.65 percent
building and planning cost for services fee.
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Table 1 Maximum LOVR Subarea Transportation Impact Fee Schedule
Fee Program Implementation
Fee Schedule Determination
This Study provides the City of San Luis Obispo with the necessary technical documentation to
support the adoption of updated LOVR Subarea transportation impact fees at the maximum
levels shown. The City Council can choose to adopt fees below these maximum levels. The
adoption of fees below the maximum level requires the City to “backfill” with additional funding
from other sources. This is in addition to the funding required from other funding sources that
will be required to fund the portions of the capital improvement costs that cannot be allocated to
new development.
Land Use Category
Residential
Single Family Residential $2,157 per unit
Multifamily Residential $1,445 per unit
Non-Residential
Retail $19,199 per 1,000 sq.ft.
Office/Services $3,063 per 1,000 sq.ft.
Industrial $1,704 per 1,000 sq.ft.
Institutional $1,726 per 1,000 sq.ft.
Lodging $1,316 per room
Other [1] $2,157 per PM Peak "Driveway" Trip
Avila Ranch
Single Family Residential $2,260 per unit
Multifamily Residential
Condominium $1,061 per unit
Apartment $1,308 per unit
Retail $24,160 per 1,000 sq.ft.
[1] The Life Plan component of the Froom Ranch project will pay on a per trip basis.
Updated LOVR Subarea Fee
Sources: City of San Luis Obispo; Avila Ranch Traffic Study; Economic & Planning
Systems, Inc.
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There are several economic and policy reasons why a City might choose to adopt fees below the
maximum level.2 One common reason relates to concerns over development feasibility, where
substantial increases in development impact fees are expected to substantially reduce the
feasibility of new development and/or create substantial disincentives to the types of
development that City policy is explicitly seeking to encourage.
It is the cumulative set of development fees that is important to development feasibility (along
with real estate market conditions and other development costs), not just individual fee
components. The City’s current fee program includes such policy discounts – specifically a 50
percent discount in the retail and hotel transportation development impact fees. However,
because the maximum fees, in most cases, are significantly lower than the existing fees, it is
unlikely that further policy reductions are warranted.
Fee Adoption and Implementation
Once selected, the preferred LOVR Subarea fee program and schedule will be adopted through
Ordinance and Resolution. The new Ordinance will address the primary implementation and
administrative issues and procedures associated with the LOVR Subarea fee. Then actual fee
levels will be set by Resolution. The Resolution approach to setting the fee allows periodic
adjustments of the fee amount that may be necessary over time, without amending the enabling
Ordinance. A list of the key implementation and administrative elements as required by the
Mitigation Fee Act are addressed in Chapter 4.
2 When there is concern about fee levels, the first step is to consider the capital improvements lists
that drive the maximum fee levels, where applicable, and ensure all improvements are necessary.
Once the City staff determined that all improvements were required, policy-based discounts are
considered, recognizing the need to “backfill” funding.
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2. LAND USE FORECASTS
This Chapter describes the future development assumptions for the LOVR Subarea based on
known development projects and planning applications in various stages of entitlement. The land
use assumptions utilized in this Study are an important driver of the maximum development
impact fee estimates.
There are five planned but unbuilt major development projects in the LOVR Subarea that are
contributing to the need for the LOVR/Highway 101 Interchange, associated projects, and costs.
The five development projects are described below and summarized on Table 2.
Projected Development Activity
Froom Ranch
The Froom Ranch property is located along Los Osos
Valley Road, northwest of U.S. 101. The development
program is based on the applicant’s 2017 Specific Plan.
The proposal includes 130 multifamily units, 30,000
square feet of retail space, a 120-room hotel, and a
continuing care retirement center, called Life Plan
Community. Life Plan Community is expected to
include 398 units, 72 beds, restaurant, and recreation
facilities. A 2.9-acre trailhead park and open space are
part of the Specific Plan.
Avila Ranch
The Avila Ranch Project will create a new City
neighborhood located at the northeast corner
of Buckley Road and Vachell Lane. The Avila
Ranch Development Plan allows up to 720
dwelling units; a “Town Center” with 15,000
square feet of local-serving retail and office
uses; 18 acres of pocket parks, mini-parks and
neighborhood parks; and 53 acres of open
space, including riparian corridors and farmed
agricultural land.
LOVR Subarea Transportation Impact Fee Nexus Study
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McBride Gearhart
The McBride Gearhart property is located along Calle Joaquin, north of U.S. 101. Approximately,
42,700 square feet of retail space are anticipated, based on existing zoning and remaining
development capacity.
Pacific Beach High School Site
The Pacific Beach High School Site is located 11950 Los Osos Valley Road. Approximately, 38
single family residential units and 57,500 square feet of retail space are anticipated, based on
existing zoning and remaining development capacity.
LOVR Creekside
The Los Osos Valley Road Creekside property is located between Los Verde Parks and Highway
101. Approximately, 159 multifamily residential units are anticipated, based on existing zoning
and remaining development capacity.
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Table 2 Summary of LOVR Subarea Land Use Growth
Land Use Categories
Consistent with the Citywide fee program, the land use categories to be used in the updated
LOVR Subarea fee program are as follows:
Residential
— Single family
— Multifamily
Non-Residential
— Office/Services
— Retail
— Industrial
— Institutional
Development and Land Use Category
Froom Ranch
SFR 0 units
MFR 130 units
Life Plan
Hotel 120 rooms
Retail 30,000 sq.ft.
McBride Gearhart (Calle Joaquin)
Retail 42,688 sq.ft.
Avila Ranch
SFR (R-1) 101 units
MFR (R-2) 300 units
MFR (R-3 and R-4) 319 units
Retail 15,000 sq.ft.
Pacific Beach High School Site
SFR 38 units
Retail 57,500 sq.ft.
LOVR Creekside (east of SLO Creek)
SFR 0 units
MFR 159 units
Total
Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc.
Amount of Development
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— Lodging
Table 3 provides the definitions of the different land uses associated with the City’s development
capacity estimates. These are the same definitions applied to the other development impact
fees, except where specifically noted. In the LOVR Subarea fee program, office and services are
combined.
Changes in Projected Development
Over time, it may become apparent that the development assumptions require refinement.
Business and real estate market cycles, growth management policies, and changes in land use
designations could all affect the expected/potential level of growth and development. Consistent
with other development impact fee programs, these changes are captured in the periodic
updates to fee programs that support a re-calibration of fee program assumptions.
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Table 3 Land Use Category Descriptions
Land Use Category Description and Examples [1]
Single Family Single family detached dwelling units, single family attached dwelling units
including Townhome-style units. A single Accessory Dwelling Unit (ADU) is
allowed as part of the construction of a single family home and is not
charged separate impact fees.
Multifamily Multifamily attached dwelling units and mobile homes.
Office Uses include professional services, financial institutions, administration-type
uses, including administration of private-sector utilities, and certain types of
services, such as tax return preparation, advertising agencies, photography
studios, pest control, building maintenance, employment agencies, security
and computer-related services.
Services Uses include offices and clinics of medical and health practitioners, religious
organizations, membership organizations, certain transportation uses,
beauty/barber shops, funeral services, and repair shops.
Retail Uses include regional- and neighborhood-serving retail establishments,
including retail as part of mixed-use developments. Specific uses include
restaurants, gas stations and auto care, movie theaters, fitness facilities,
warehouse stores, department stores, grocery stores, and amusement and
recreation services.
Industrial Uses include construction, manufacturing, and transportation uses, as well
as warehousing and storage. Ancillary office space included as part of
industrial development is included.
Institutional Uses include City, County, and State offices and facilities, health care
facilities such as Mental Health and Public Health services, Social services
such as County Social Services, CA Employment Development and
Rehabilitation, Homeless shelters, and cultural and public recreation
facilities.
Lodging Uses include resorts, hotels, motels, and bed and breakfast inns.
Sources: City of San Luis Obispo Parcel Data SIC Correspondence; Economic & Planning Systems, Inc.
[1] This table provides a summary only. For more specific direction, refer to the City of San Luis Obispo Parcel Data
SIC Correspondence table.
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3. LOVR SUBAREA TRANSPORTATION IMPACT FEE
This Chapter establishes the maximum LOVR Subarea transportation impact fees under the
Mitigation Fee Act that could be required of new development in the LOVR Subarea. These fees
represent an update to the existing LOVR Subarea transportation impact fee program in the City,
and will apply to all new development in the LOVR Subarea unless project-specific terms or
agreements may apply.
The updated LOVR Subarea transportation fee program addresses updates to the LOVR/U.S. 101
Interchange project and associated improvements and cost estimates that are the basis of the
fee program. As noted previously, it is the City’s policy to ensure that new development pays for
its fair share of the cost of transportation improvements, and the transportation impact fee
program is one of the City’s key strategies for doing so.
Mitigation Fee Act Nexus Findings
Nexus findings are provided below addressing: 1) the purpose of the fee; 2) the specific use of
fee revenue; 3) the relationship between the facility and the type of development; 4) the
relationship between the need for the facility and the type of development; and 5) the
relationship between the amount of the fee and the proportionality of cost specifically
attributable to development. The technical information and calculations provided below support
these nexus findings/requirements.
Purpose
New development in the LOVR Subarea required installation of the LOVR/U.S. 101 Interchange
and associated improvements. The revenue collected from the LOVR Subarea transportation fee
program will help maintain adequate levels of transportation service in the Subarea and in the
City of San Luis Obispo by mitigating the impact that new development will have on the City’s
transportation system.
Use of Fee
Fee revenue will be used to help fund City transportation improvements or the City’s share of
regional improvements, including regional interchanges, as well as financing costs and the
reimbursement of upfront investments from other City funds for transportation improvements
required to serve future growth. A detailed project list is included in Appendix A of this study.
Relationship
New residential and commercial development in the LOVR Subarea will increase the average
number of “P.M. Peak” vehicle trips in the area, thereby increasing demands for and travel
through the LOVR/U.S. 101 Interchange. “P.M. Peak” trip data by land use category underscores
the relationship between the type of new development and the needed transportation facilities.
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Need
But for new development in the LOVR Subarea and the associated increase in trips, the
LOVR/U.S. 101 Interchange improvement would not be needed. The transportation
improvements considered in this study are considered necessary to meet the Subarea’s, and
therefore the City's, future transportation needs under General Plan buildout.
Proportionality
The maximum fee levels are established by land use category based on planned and anticipated
development activity in the Subarea, using established “P.M. Peak” trip rates. Total costs and
total trips are used to calculate a per trip cost, which is then multiplied by the appropriate trip
rate, ensuring proportionality.
Geography of the LOVR Subarea Fee Program
In 2018, the Citywide Transportation Impact Fee update created a citywide fee geography that
subsumed the Airport Area Specific Plan and Margarita Area Specific Plan subarea transportation
impact fee programs. The LOVR Subarea and the Orcutt Area Specific Plan Subarea remained in
place, such that new development in either of those two areas pays the appropriate Citywide fee
plus the applicable subarea fee.
Figure 1 below presents the revised geographies associated with the updated transportation fee
program. Figure 2 shows the LOVR Subarea in more detail.
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Figure 1 Revised Geographic Areas of Updated Transportation Fee Program
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Figure 2 LOVR Subarea Geography
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Transportation Improvements and Cost Estimates
Since the Citywide fee program was adopted in 2018, planned development in the LOVR subarea
is more certain and transportation improvements (and costs) needed to serve the new
development are more defined. The improvements that are the basis for the transportation
impact fee update are provided by the City of San Luis Obispo and derived from several sources:
The City’s existing Citywide transportation impact fee program, which was updated in 2018.
The Los Osos Valley Road Subarea transportation impact fee program, last updated in 2003.
The Agreement between the City of San Luis Obispo and the Avila Ranch developer, dated
April 2018.
Transportation Improvements
The transportation improvements and costs remaining in the LOVR Subarea fee program include
the following:
Outstanding reimbursements to Costco from the City related to the Calle Joaquin Relocation,
and
Remaining projects related to the Los Osos Valley Road/US 101 Interchange, including the
south bound on-ramp metering project.
Total Project Costs
The infrastructure identified for this update are necessary to support buildout of the LOVR
subarea, for consistency with General Plan policy, and/or because there are reimbursement
commitments in place. Table 4 provides a summary of improvements and costs included in the
fee update.
The full project costs associated with each improvement are not necessarily included in the
transportation fee program. For example, funding from other sources is assumed for certain
projects, including, for example, bond proceeds. Where other funding sources are available, that
available funding is subtracted from the total project costs and only the balance of the project
costs is included in the fee program.
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Table 4 Summary of Improvements and Costs Included in the Fee Program
The detailed project improvement list is provided as Appendix A and shows the full sources and
uses accounting. The project list was prepared by City staff and reviewed and formatted by EPS.
Full project cost estimates for each improvement are presented. For regional projects, cost
estimates are prepared by CalTrans; in other cases, cost estimates are provided by developers
who will have responsibility for building the improvements; and still, in other cases, cost
estimates are provided by Wallace Group, a cost estimator consultant to the City. For those
projects for which financing costs are included, those cost estimates were provided by the City’s
engineering and cost consultant. All costs are provided in 2019 dollars. It is important to note
that the project list represents a current list of transportation improvements for the purposes of
Ref. Item
Amount to Be Funded
by Updated LOVR
Subarea Fee
Phase 1: Calle Joaquin Relocation
T1 Hanson Right-of-Way $112,053
T2 Hanson Driveways Paid by City $0
T3 Hanson Outstanding Legal Costs $800,000
T4 Madonna Right-of-Way $0
T5 Total Costco Calle Joaquin Relocation Construction Cost $1,048,269
T6 Annual CPI Adjustment Costco $921,375
Subtotal Phase 1 Costs $2,881,697
Phase 1: Adjustments
T3a Costco Fair-Share Adjustment (25.3%)($243,515)
T5a Costs in Calle Joaquin Agreement Paid Directly by City ($12,917)
Subtotal Phase 1 Adjustments ($256,432)
Adjusted Subtotal Phase 1 Costs $2,625,265
Remaining Projects
R1 Interchange Landscaping Project $0
R2 Environmental Mitigation $0
R3 Los Verdes Interchange Settlement $105,000
R4 Mitigation Auto Park Way/LOVR $225,000
R5 South Bound On-Ramp Metering $1,750,000
R6 Calle Joaquin Park and Ride Lot $72,204
Subtotal Remaining Projects $2,152,204
Total LOVR Subarea Transportation Fee Costs $4,777,469
Source: City of San Luis Obispo.
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the calculation of the development impact fee and broader financial planning. Over time, as part
of the periodic, formal updates, it is possible that new projects may be added and current
projects modified.
Cost Allocation to New Development
The allocation of costs between new and existing development and by land use is a critical
component of the fee nexus analysis. All of the transportation improvements included in the
LOVR subarea fee program update, listed in Appendix A and summarized in Table 4, will
benefit new development in the Los Osos Valley Road subarea. More specifically, the
improvements would not be needed but for the future development in the LOVR Subarea.
Fee Calculation
The fee calculations are based on an average cost per trip that is the result of dividing the costs
of the improvements that are attributable to new development by the number of P.M. Peak
“Driveway” trips that are generated by the projected new development. “Driveway” trip rates
vary from “All Legs” trip rates in that the “driveway” trip rates do not count stops along the way
that result in multiple legs as their own trips. For example, a trip from home to work with a stop
at the store along the way is counted as one driveway trip but two all legs trips.
The average cost per trip is then multiplied by the trip rate associated with each land use
category to calculate maximum fees by land use category. These steps are described in more
detail below.
LOVR Subarea Development Projections and Trip Generation
Development projections for the LOVR Subarea indicate new development of 1,047 residential
units, 120 hotel rooms, and 145,188 square feet of non-residential uses. The Froom Ranch
development includes a mixed-use continuing care retirement community, called Life Plan. Trips
are measured and forecast in terms of “P.M. Peak” trips, which were provided by City staff based
on trip generation data from the Institute of Transportation Engineers (ITE).
As part of a separate agreement between the City and the Avila Ranch developer, new
development that is part of the Avila Ranch project will pay development impact fees based on
trip rate generation factors that account for internal trip capture given the location, type, and
amount of development associated with the project. Trip rates and total trips projected for Avila
Ranch are summarized in Table 9 of the Avila Ranch Traffic Study.
Also of note, the Froom Ranch project includes a continuing care component called Life Plan. The
Life Plan component includes a mix of features, including multifamily units, “beds” associated
with an assisted living facility, a restaurant, and recreation facilities. The total trips for Froom
Ranch’s Life Plan are estimated for the project overall rather than for the component land uses.
As such, the Life Plan component will pay the “per trip” fee based on the total trips generated.
Total trips in the LOVR Subarea are estimated to be 2,214.7, all of which are due to new
development. Table 5 presents the trip rate estimates by land use category and total trips based
on the growth forecasts.
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Table 5 LOVR Subarea Trip Rates and Total Trip Projections
Cost per Trip
The cost allocation to new development in the LOVR Subarea divided by the total new trips
generated by new development results in average cost per trip of approximately $2,157, as
shown on Table 6.
Development and Land Use Category
Trip Rate
(PM Peak) Total Trips
Froom Ranch
SFR 0 units
MFR 130 units 0.670 87.1
Life Plan 136.4
Hotel 120 rooms 0.610 73.2
Retail 30,000 sq.ft. 8.900 267.0
McBride Gearhart (Calle Joaquin)
Retail 42,688 sq.ft. 8.900 379.9
Avila Ranch
SFR (R-1) 101 units 1.048 105.8
MFR (R-2) 300 units 0.492 147.5
MFR (R-3 and R-4) 319 units 0.606 193.5
Retail 15,000 sq.ft. 11.200 168.0
Pacific Beach High School Site
SFR 38 units 1.000 38.0
Retail 57,500 sq.ft. 8.900 511.8
LOVR Creekside (east of SLO Creek)
SFR 0 units 1.000 0.0
MFR 159 units 0.670 106.5
Total 2,214.7
Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc.
Amount of Development
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Table 6 Average Cost per Trip
Fees by Land Use Category
Using the calculated cost per trip and the P.M. peak trips for each land use category, the
maximum justifiable fees for the LOVR Subarea are calculated and presented in Table 7. The
maximum fees are shown relative to the existing LOVR Subarea fees. Developers in the LOVR
Subarea will be expected to pay the LOVR Subarea fee in addition to the Citywide transportation
impact fee.
Item
Total Costs and
Cost per Trip
Calle Joaquin Relocation $2,625,265
Remaining Projects $2,152,204
Total to Be Funded by the LOVR Subarea Fee $4,777,469
Total New Trips Generated by New Development in LOVR Subarea 2,214.7
Cost per Trip $2,157
Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc.
LOVR Subarea Transportation Impact Fee Nexus Study
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Table 7 Maximum Updated Transportation Impact Fees for LOVR Subarea
Land Use Category Metric
Current as of
7/1/2018
Proposed Update
July 2019 % Change
Residential
Single Family Residential per unit $6,469 $2,157 -67%
Multifamily Residential per unit $4,249 $1,445 -66%
Non-Residential
Retail per 1,000 sq.ft. $15,614 $19,199 23%
Office/Services per 1,000 sq.ft. $3,063
Service Commercial per 1,000 sq.ft. $9,511
Business Park per 1,000 sq.ft. $8,197
Industrial per 1,000 sq.ft. $4,697 $1,704 -64%
Institutional per 1,000 sq.ft. $1,726
Lodging per room $3,526 $1,316 -63%
Other [1] per PM Trip $6,341 $2,157 -66%
Avila Ranch
Single Family Residential per unit $2,260
Multifamily Residential
Condominium per unit $1,061
Apartment per unit $1,308
Retail per 1,000 sq.ft. $24,160
[1] The Life Plan component of the Froom Ranch project will pay on a per trip basis.
Sources: City of San Luis Obispo; Avila Ranch Traffic Study; Economic & Planning Systems, Inc.
Current and Proposed LOVR Subarea Fee
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4. IMPLEMENTATION AND ADMINISTRATION
The updated LOVR Subarea fee program nexus study and corresponding fee schedule will need
to be adopted by City Resolution as enabled by the City’s Fee Ordinance. The existing Ordinance
allows the City Council to adopt, by Resolution, a fee schedule consistent with supporting
technical analysis and findings provided in this Report. The Resolution approach to setting the
fee allows periodic adjustments of the fee amount that may be necessary over time, without
amending the enabling Ordinance. It is anticipated that the City will update the existing LOVR
Subarea Ordinance as part of this study process. This updated ordinance addresses the primary
implementation and administrative issues and procedures associated with the LOVR Subarea fee.
A brief summary of the key implementation and administrative elements is provided below.
Fee Collection and Amount
Applicable Land Uses
All new development that occurs within the LOVR Subarea, unless specifically exempted by the
enabling ordinance, shall pay the LOVR Subarea fee. While the maximum fee amount will be
determined by the Mitigation Fee Act Study, the City may elect to charge less for a variety of
reasons and under certain circumstances, as described in the Ordinance. In any case, the
applicable fees will be published in a Fee Schedule made available by the City and updated
periodically. The amount will vary by land use, as shown in Table 1.
It is possible that certain projects may not fit neatly into the categories defined in Table 3. In
cases were such ambiguity exists, the City Community Development Director will need to make a
determination as to the applicable fees. The Fee Ordinance articulates guidelines for resolving
discrepancies and/or disputes.
Fee Escalation
The City Fee Ordinance allows for an automatic adjustment of the fee to keep pace with
inflationary increases in construction costs. This allows the fee level to keep pace with inflation
without requiring an annual approval process. This adjustment is based on the Construction Cost
Index (CCI) published by the Engineering News Record (ENR), a source widely used in the
construction industry, and by many jurisdictions as a basis for making annual inflation
adjustments to their development impact fees. ENR’s CCI has been published consistently every
month since 1967. As such ENR is one of the most reliable and consistent indices that track
trends in construction costs.
Timing and Manner of Payment
The Ordinance addresses issues related to the timing and manner of payment for the fee
including the potential for fee deferrals, payment plans, credits and reimbursements,
exemptions, and related adjustments.
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Annual Review, Accounting, and Updates
Annual review
This Report and the technical information it contains should be maintained and reviewed
periodically by the City as necessary to ensure impact fee accuracy and to enable the adequate
programming of funding sources. To the extent that improvement requirements, costs, or
development potential changes over time, the fee program will need to be updated. Specifically,
AB 1600 (at Gov. Code §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires
payment of a fee make specific information available to the public annually within 180 days of
the last day of the fiscal year. This information includes the following:
A description of the type of fee in the account
The amount of the fee
The beginning and ending balance of the fund
The amount of fees collected and interest earned
Identification of the improvements constructed
The total cost of the improvements constructed
The fees expended to construct the improvement
The percent of total costs funded by the fee
If sufficient fees have been collected to fund the construction of an improvement, the agency
must specify the approximate date for construction of that improvement. Because of the
dynamic nature of growth and infrastructure requirements, the City should monitor development
activity, the need for infrastructure improvements, and the adequacy of the fee revenues and
other available funding. Formal annual review of the fee program should occur, at which time
adjustments should be made. Costs associated with this monitoring and updating effort are
included in the impact fee by way of the administrative charge.
Surplus Funds
AB 1600 also requires that if any portion of a fee remains unexpended or uncommitted in an
account for five years or more after deposit of the fee, the City Council shall make findings once
each year: (1) to identify the purpose to which the fee is to be put, (2) to demonstrate a
reasonable relationship between the fee and the purpose for which it was charged, (3) to identify
all sources and amounts of funding anticipated to complete financing of incomplete
improvements, and (4) to designate the approximate dates on which the funding identified in (3)
is expected to be deposited into the appropriate fund.
If adequate funding has been collected for a certain improvement, an approximate date must be
specified as to when construction on the improvement will begin. If the findings show no need
for the unspent funds, or if the conditions discussed above are not met, and the administrative
costs of the refund do not exceed the refund itself, the local agency that has collected the funds
must refund them.
Internal Loaning of Funds
Loans between the Capital Facilities Fee Funds may be used from time to time to facilitate the
construction of CFF facilities and assure adequate cash flow. Any such loan shall be made in
accordance with applicable law, as interpreted by the City Attorney of the City of San Luis
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Obispo, and all funds shall be placed in separate accounts on either a facility or geographic basis.
The additional following requirements are also placed on loans between impact fee funds:
1. Funds may be transferred between accounts to expedite the construction of critical
projects/facilities.
2. A mechanism to repay accounts shall be established.
3. Interest charged on each loan shall be based upon the Local Agency Investment Fund rate in
effect at the time of the loan and shall be deposited into the account providing the loan.
4. Inter-fund loan repayments shall take precedence over reimbursements to developers.
Five-Year Update
Fees will be collected from new development within the LOVR Subarea as soon as the fee
program is adopted; however, use of these funds may need to wait until a sufficient fund balance
can be accrued. Per Government Code Section 66006, the City is required to deposit, invest,
account for, and expend the fees in a prescribed manner. The fifth fiscal year following the first
deposit into the Fee account or fund, and every five years thereafter, the City is required to
make all of the following findings with respect to that portion of the account or fund remaining
unexpended:
Identify the purpose for which the fee is to be put;
Demonstrate a reasonable relationship between the fee and the purpose for which it is
charged;
Identify all sources and amounts of funding anticipated to complete financing in incomplete
improvements; and
Designate the approximate dates on that the funding referred to in the above paragraph is
expected to be deposited in the appropriate account or fund.
Once sufficient funds have been collected to complete the specified projects, the City must
commence construction within 180 days. If they fail to do this, the City is required to refund the
unexpended portion of the fee and any accrued interest to the then current owner.
APPENDIX A:
LOVR Subarea Transportation Impact Fee
Improvement and Cost List
Appendix A Table 1US 101/Los Osos Valley Road Interchange Project List and Costs LOVR Subarea Transportation Impact Fee Update; EPS #191011Ref. ItemGross Total CostLOVR Subarea Allocation Net Total CostFunding to be Identified Identified FundingCounty of SLO SLOCOG RTIPCitywide TIF (Paid)TIF Debt Issuance (Bond) General FundDeveloper ContributionsCity Of San Luis LOVR Subarea Fee (Paid)SLO LOVR Subarea CreditLOVR Subarea Remaining To Be Paid (Costco) LOVR Subarea Fee Citywide TIFPhase 1: Calle Joaquin RelocationT1Hanson Right-of-Way$112,0531100.0% $112,053$0$112,053$112,053T2Hanson Driveways Paid by City$50,0002100.0% $50,000$0$50,000$50,000T3Hanson Outstanding Legal Costs$800,0003100.0% $800,000$0$800,000$800,000T3aCostco Fair-Share Adjustment (25.3%)($243,515)100.0% ($243,515)$0 ($243,515)($243,515)T4Madonna Right-of-Way$342,613100.0% $342,613$0$342,613$166,000 $176,613T5Total Costco Calle Joaquin Relocation Construction Cost$6,641,110100.0% $6,641,110$0 $6,641,110$3,911,841 $1,681,000$1,048,269T5aCosts in Calle Joaquin Agreement Paid Directly by City($12,917)100.0% ($12,917)$0($12,917)($12,917)T6Annual CPI Adjustment Costco$921,375100.0% $921,375$0$921,375$921,375Subtotal Phase 1 Costs$8,610,719$8,610,719$0 $8,610,719$0$0$0$0$0$0 $4,127,841 $1,857,613$2,625,265$0$0Phase 2: Madonna LOVR Sidewalk ExtensionT7Construction, Et Al. $234,000100.0% $234,000$0$234,000$234,000Subtotal Phase 2 Costs$234,000$234,000$0$234,000$0$0$0$0$0$0$0 $234,000$0$0$0Phase 3: Full Interchange PreconstructionT8PSR-PDS$189,000 100.0% $189,000 $0 $189,000 $30,000 $100,000 $59,000T9Caltran PA/ED - Phase I $143,000 100.0% $143,000 $0 $143,000 $111,000$32,000T10Caltran PA/ED - Phase II, Value Analysis, Misc. $851,300 100.0% $851,300$0$851,300$265,600$585,700T11PS&E, Permits$2,735,676100.0% $2,735,676$0 $2,735,676$2,601,120$75,000$59,556T12Legal - Los Verdes$26,240100.0% $26,240$0$26,240$26,240T13Right of Way$90,865100.0% $90,865$0$90,865$90,865Subtotal Preconstruction$4,036,081$4,036,081$0 $4,036,081 $30,000 $100,000 $3,153,825$0 $75,000 $617,700 $59,556$0$0$0$0ConstructionT15Project 99821 Construction Charges $18,276,550 100.0% $18,276,550 $0 $18,276,550$15,574,055$2,702,495T16PM Services (Charged to Project)$830,290100.0% $830,290$0$830,290$0 $830,290T17Construction Management/Inspection/Permits$2,825,867100.0% $2,825,867$0 $2,825,867$819,418 $2,006,449T18Misc Work (Project Management)$5,057100.0%$5,057$0$5,057$5,057T19RE Support Services (Dokken)$238,852100.0% $238,852$0$238,852$0$238,852Subtotal Construction$22,176,616$22,176,616$0 $22,176,616$0 $15,574,055 $824,475 $5,778,086$0$0$0$0$0$0$0Subtotal Phase 3 Costs$26,212,697$26,212,697$0 $26,212,697 $30,000 $15,674,055 $3,978,300 $5,778,086 $75,000 $617,700 $59,556$0$0$0$0FinancingT20Bond, Amount Principal$6,813,8824100.0% $6,813,882$0 $6,813,882$6,813,882Bond, Amount Interest$4,502,661100.0% $4,502,661$0 $4,502,661$4,502,661Bond, Cost of Insurance Fund$213,398100.0% $213,398$0$213,398$213,398Bond, Underwriter $106,892100.0% $106,892$0$106,892$106,892Subtotal Financing Costs$11,636,833$11,636,833$0 $11,636,833$0$0$0$0$0$0$0$0$0$0 $11,636,833Total LOVR Interchange Costs To Date$46,694,249$46,694,249$0 $46,694,249 $30,000 $15,674,055 $3,978,300 $5,778,086 $75,000 $617,700 $4,187,397 $2,091,613$2,625,265$0 $11,636,833Remaining ProjectsR1Interchange Landscaping Project$550,000100.0% $550,000$0$550,000$550,000R2Environmental Mitigation$250,0005100.0% $250,000$0$250,000$250,000R3Los Verdes Interchange Settlement$105,0006100.0% $105,000$0$105,000$105,000R4Mitigation Auto Park Way/LOVR$225,000100.0% $225,000$0$225,000$225,000R5South Bound On-Ramp Metering$1,750,0007100.0% $1,750,000$0 $1,750,000$1,750,000R6Calle Joaquin Park and Ride Lot$308,000NA$308,000$0$308,000$235,796$72,204Subtotal Remaining Projects$3,188,000$3,188,000$0 $3,188,000$0$0$0 $1,035,796$0$0$0$0$0 $2,152,204$0Total Transportation Improvements$49,882,249$49,882,249$0 $49,882,249 $30,000 $15,674,055 $3,978,300 $6,813,882 $75,000 $617,700 $4,187,397 $2,091,613$2,625,265 $2,152,204 $11,636,8331See court settlement decision. Includes additional $34,409 paid directly by the City but does not include legal expenses. 2Still to be built and reimbursed.3Costco estimate of Hanson attorney fees is $631,523 through August 2009. Amount is increased to $800,000 to account for fees incurred to date. This is the best available estimate as of April 2019.4Reflects principal amount of $7,503,682.05 less $689,800 that was transferred to the General Fund for LOVR paving. Use of bond proceeds is shown in "TIF Debt Issuance (Bond)" column. Improvement R6, the Calle Joaquin Park and Ride Lot, is partially funded through bond proceeds with the remainder to be funded through the updated LOVR Subarea Fee Program. 5Adjusted to $250,000 based on discussions with F. Otte. This is the best available estimate as of April 2019.6Initial studies are complete and do not indicate required mitigation; however the direction from the City is to maintain this line item at $105,000 until further resolution. This is the best available estimate as of April 2019.7Improvements to be constructed by Avila Ranch; cost estimate provided by Avila Ranch. Sources: City of San Luis Obispo; Goodwin Consulting Group, Inc. (2009); The Wallace Group; Watson Planning Consultants.Already FundedTo Be FundedEconomic & Planning Systems, Inc. 6/6/2019Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Data and Model\191011_LOVR Subarea Fee Update_2019June06.xlsx
APPENDIX B:
Trip Generation Rate Source and Comparison
Appendix B Table 1Trip Rate Sources and EquivalenciesLOVR Subarea Transportation Impact Fee Update; EPS #191011Source and MethodologyNotesITE Trip Generation ManuelADT, "Driveway" Rates9.440 per unit7.320 per unit9.740 per 1,000 sq.ft. 37.750 per 1,000 sq.ft. 3.930 per 1,000 sq.ft. 6.950 per 1,000 sq.ft. 8.360 per roomPM Peak, "Driveway" Rates1.000 per unit0.670 per unit1.420 per 1,000 sq.ft.8.900per 1,000 sq.ft. 0.790 per 1,000 sq.ft. 0.800 per 1,000 sq.ft. 0.610 per roomCity Transportation ModelADT, "All Legs" RatesUsed in 2018 Citywide Fee Update 16.240 per unit12.620 per unit18.450 per 1,000 sq.ft. 56.920 per 1,000 sq.ft. 11.330 per 1,000 sq.ft. 18.450 per 1,000 sq.ft. 16.380 per roomADT, "Driveway" RatesCalculated as total Daily Trips per unit 10.457 per unit 5.564 per unit6.458 per unit131.933 per 1,000 sq.ft.PM Peak, "Driveway" RatesCalculated as total PM Trips per unit 1.048 per unit 0.492 per unit0.606 per unit11.200 per 1,000 sq.ft.Froom Ranch Traffic StudyLife Plan (Froom), PM Peak, "Driveway" Rates136.400 total tripsLOVR Subarea 2019 UpdatePM Peak, "Driveway" RatesConsistent with ITE rates1.000 per unit0.670 per unit1.420 per 1,000 sq.ft. 8.900 per 1,000 sq.ft. 0.790 per 1,000 sq.ft. 0.800 per 1,000 sq.ft. 0.610 per roomSources: City of San Luis Obispo; Avila Ranch Traffic Study. Avila Ranch Traffic StudyNonresidentialSingle FamilyITE Code: 210MultifamilyITE Code: 220Office/ServiceITE Code: 710RetailITE Code: 820IndustrialITE Code: 140InstitutionalITE Code: 560LodgingITE Code: 310Medium DensityHigh DensityLarger MF, R-2(305 Condos)Smaller MF, R-3 and R-4(310 Apts.)ResidentialEconomic & Planning Systems, Inc. 6/6/2019Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Data and Model\191011_LOVR Subarea Fee Update_2019June06.xlsx