HomeMy WebLinkAboutR-11245 approving a Reimbursement Agreement with Tank Farm Center, LLC for construction of a traffic signal at the Tank Farm Road & Long Street IntersectionR 11245
RESOLUTION NO. 11245 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH TANK FARM CENTER, LLC FOR CONSTRUCTION
OF A TRAFFIC SIGNAL AT THE TANK FARM ROAD/LONG STREET
INTERSECTION
WHEREAS, On July 11, 2016, the City of San Luis Obispo Architectural Review Committee
adopted Resolution No. ARC-1013-16, adopting a Mitigated Negative Declaration and granting
design approval of the “San Luis Obispo Public Market Project” at 120 Tank Farm Road/3897 S.
Higuera Street; and
WHEREAS, Mitigation Measure T-1 and Condition of Approval #49 of Architectural
Review Committee Resolution No. ARC-1013-16 requires the developer of the San Luis Obispo
Public Market Project (Tank Farm Center, LLC or “Developer”) to construct a traffic signal at the
intersection of Tank Farm Road and Long Street; and
WHEREAS, Tank Farm Center, LLC, has secured City approval of the Public Improvement
Plans for the traffic signal, completed construction of the improvements, and provided documentation
of applicable costs incurred for construction of the improvements to the satisfaction of the City Public
Works Department; and
WHEREAS, the traffic signal improvements associated with the Tank Farm Center, LLC
project will benefit properties other than those owned by the developer, and thereby qualify said
public improvements for reimbursement as set forth in San Luis Obispo Municipal Code Section
16.20.110; and
WHEREAS, the City has an established a Citywide Transportation Impact Fee Program that
allows new development projects to pay a fair share fee towards transportation infrastructure needs
throughout the City; and
WHEREAS, the Citywide Transportation Impact Fee Program currently includes the full
costs for installation of a traffic signal at the Tank Farm Road/Long Street intersection, the Developer
has paid all applicable transportation impact fees, which exceed the total cost of the traffic signal
installation, and has received no fee credits from the City related to these improvements; and
WHEREAS, Citywide Transportation Impact Fee reimbursements shall not exceed the
purpose or amount being collected; and
WHEREAS, the City agrees that the Developer is eligible for reimbursement of costs
exceeding the Developer’s fair share obligation for installation of a traffic signal at the Tank Farm
Road/Long Street intersection, with reimbursement to be paid from the City’s uncommitted Citywide
Transportation Impact Fee fund balance.
Resolution No. 11245 (2021 Series) Page 2
R 11245
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The “Reimbursement Agreement,” attached to this Resolution as Exhibit A,
is hereby approved, and the Mayor is authorized to approve minor revisions and execute this
Agreement on behalf of the City.
SECTION 2. The Finance Director is authorized to administer and implement the
“Reimbursement Agreement” as provided therein.
SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Resolution No. 11245 (2021 Series) Page 2
R 11245
SECTION 4. Environmental Review. Construction of the Tank Farm Road/Long Street
traffic signal was reviewed as part of the Mitigated Negative Declaration prepared for the San Luis
Obispo Public Market project, adopted by the Architectural Review Commission on July 11, 2016.
Installation of the traffic signal was identified as a required mitigation measure to address
significant transportation impacts resulting from the development proposal. The signal
improvements have now been completed and this Reimbursement Agreement relates only to the
financial mechanism by which the developer’s costs in excess of fair share will be reimbursed and
does not implicate any physical change to the project or the environment necessitating additional
environmental review.
Upon motion of Vice Mayor Stewart, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of May 2021.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine 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, on ____________________________.
____________________________________
Teresa Purrington,
City Clerk