HomeMy WebLinkAboutR-11349 amending Inclusionary Housing In-Lieu Fees in accordance with Chapter 17.138 of and establishing the amounts of Commercial Linkage FeesR 11349
RESOLUTION NO. 11349 (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AMENDING INCLUSIONARY
HOUSING IN-LIEU FEES IN ACCORDANCE WITH CHAPTER 17.138 OF
TITLE 17 AND ESTABLISHING THE AMOUNTS OF COMMERCIAL
LINKAGE FEES IN ACCORDANCE WITH CHAPTER 4.60 OF TITLE 4 OF
THE SAN LUIS OBISPO MUNICIPAL CODE AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE
WHEREAS, the State of California has found that local governments have a
responsibility to use the powers vested in them to facilitate the development of housing
and to make adequate provision for the housing needs of all economic segments of the
community (Government Code Section 65580(d); and
WHEREAS, on August 16, 2022, the City Council of the City of San Luis Obispo
adopted an ordinance amending inclusionary housing requirements, including
inclusionary housing in-lieu fees, as codified in Chapter 17.138 of Title 17 of the San Luis
Obispo Municipal Code (“Inclusionary Housing Ordinance”); and
WHEREAS, on August 16, 2022, the City Council of the City of San Luis Obispo
adopted an ordinance establishing a Commercial Linkage Fee on Non-Residential
development as codified in Chapter 4.60 of Title 4 of the San Luis Obispo Municipal Code
(the “Commercial Linkage Ordinance)”; and
WHEREAS, the purpose and findings supporting the adoption of the Inclusionary
Housing In-Lieu Fee are set forth in the Inclusionary Housing Ordinance; and
WHEREAS, the purpose and findings supporting the adoption of the Commercial
Linkage Fee are set forth in Commercial Linkage Fee Ordinance; and
WHEREAS, the Council desires to establish herein the amount of the Inclusionary
Housing In-Lieu Fees for residential development and Commercial Linkage Fees for
specified non-residential land uses in the City; and
WHEREAS, the Comprehensive Fee Schedule will be updated to reflect all new
and updated fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Recitals. The recitals set forth above are hereby adopted as the
findings of the City in adopting the policies herein.
DocuSign Envelope ID: 2B2AAA90-5B2D-4AF6-9BFE-796A6F9FA900
Resolution No. 11349 (2022 Series) Page 2
R 11349
SECTION 2. Environmental Determination. Amending the inclusionary in-lieu
housing fee and establishment of a commercial linkage fee is not considered a project
subject to the California Environmental Quality Act (“CEQA”) pursuant to Section
15378(b)(4) of the CEQA Guidelines, which excludes the following from the definition of
projects: the creation of a government funding mechanism or other government fiscal
activities which do not involve any commitment to a specific project which may result in
a potentially significant physical impact on the environment.
SECTION 3. Inclusionary Housing In-Lieu Fee. Applicants opting to pay an
inclusionary housing in-lieu fee in accordance with Chapter 17.138 of the San Luis
Obispo Municipal Code shall pay the fee based on the habitable square footage of space
within the residential development project as follows:
Residential unit type Fee per square foot
New for-sale housing $25.00
New rental housing $20.00
SECTION 4. Commercial Linkage Fee. The Commercial Linkage Fees adopted
in Chapter 4.60 of the City of San Luis Obispo Municipal Code are hereby established in
the following amounts and shall be computed as follows:
All Commercial Development Projects and all Non- Residential portions of a project
subject to Chapter 4.60 shall pay the commercial linkage fee based on the gross
square footage of each use included in the proposed project as follows:
Non-Residential Use Fee per square foot
Office, Service, Retail, Hotel $6.00
Industrial, Manufacturing $5.00
DocuSign Envelope ID: 2B2AAA90-5B2D-4AF6-9BFE-796A6F9FA900
Resolution No. 11349 (2022 Series) Page 3
R 11349
SECTION 5. Effective Date. This Resolution shall take effect upon the effective
date of both the Inclusionary Housing Ordinance, Ordinance No. 1719 (2022 Series) and
the Commercial Linkage Fee Ordinance, Ordinance No. 1720 (2022 Series).
Upon motion of Vice Mayor Christianson, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, and Vice Mayor
Christianson
NOES: Mayor Stewart
ABSENT: None
The foregoing resolution was adopted this 19th day of July 2022.
__________________________
Mayor Erica A. Stewart
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
DocuSign Envelope ID: 2B2AAA90-5B2D-4AF6-9BFE-796A6F9FA900
8/4/2022 | 11:23 AM PDT