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HomeMy WebLinkAboutR-11030 amending Citywide Transportation Impact Fee ProgramR 11030 RESOLUTION NO. 11030 (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CITYWIDE TRANSPORTATION IMPACT FEE PROGRAM WHEREAS, existing local, state and federal resources are insufficient to meet the City of San Luis Obispo’s needs for transportation improvements; and WHEREAS, new development generally increases the demand for transportation improvements and affect the quality of the community’s infrastructure; and WHEREAS, the public interest, convenience, health, safety and/or welfare require that transportation improvements 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 on the City’s transportation network 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, in April 2018, the City Council adopted the Citywide Capital Facilities Fee program; and WHEREAS, since adoption of the Citywide Capital Facilities Fee program more accurate cost assumptions are now known for projects #4, #9, #7, & #13; and WHEREAS, since adoption more accurate land use assumptions are now known for the proposed Froom Ranch Specific Plan; and Resolution No. 11030 (2019 Series) Page 2 R 11030 WHEREAS, an analysis of the updated Citywide Transportation Impact fee based on updated land use and costs assumptions is provided in the Citywide Transportation Impact Fee Program Nexus Study, and which includes cost information for the identified transportation projects, is included in the attached Exhibit A and incorporated herein by this reference; and WHEREAS, by this Resolution, the City Council intends on establishing the fee levels. 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 Citywide Transportation Impact Fee Update Nexus Study 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 transportation infrastructure 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 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 Citywide Transportation Impact Fee Update Nexus Study, for the City of San Luis Obispo, dated June 18th, 2019, prepared by Economic & Planning Systems, Inc., the findings and analysis of which are hereby incorporated by reference, have been allocated to new development in a proportional manner based on trip generation rates. 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 that an updated impact fee nexus study be prepared. Resolution No. 11030 (2019 Series) Page 3 SECTION 3. Amount of Development Impact Fees. Effective July 1, 2019, development impact fees for capital improvement infrastructure associated with transportation, shall be in the amounts set forth in Exhibit A 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. On motion of Council Member Gomez, seconded by Council Member Christianson, 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 2nd day of Julv 2019. ATTEST: � 1 Teresa Purrington City Clerk APPROVED AS T&,FORM: J. 0hristine Dietrick ty Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this t day of 12019. sa Purrington City Clerk R 11030 Resolution No. 11030 (2019 Series) Page 4 EXHIBIT A R 11030 EXHIBIT A CAPITAL FACILITIES DEVELOPMENT IMPACT FEES Effective July 1, 2019 July