HomeMy WebLinkAboutR-10952 approving an update to the Orcutt Area Specific Plan – Public Facilities Financing PlanRESOLUTION NO 10952 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING AN UPDATE TO THE ORCUTT
AREA SPECIFIC PLAN — PUBLIC FACILITIES FINANCING PLAN
WHEREAS, in May 2010 the City Council adopted the Orcutt Area Specific Plan (OASP)
to govern development of the Orcutt Planning Area; and
WHEREAS, the OASP included a Chapter 8 addressing "Public Facilities Financing"; and
WHEREAS, the framework for Chapter 8 of the OASP was a September 23, 2009 "OASP
Public Facilities Financing Plan" (PFFP) prepared by Goodwin Consulting Group for the City; and
WHEREAS, said PFFP evaluated the needed infrastructure to support development of the
Orcutt Planning Area, and established a phasing plan and fee structure to support the development
of needed infrastructure on a "pay-as-you-go" basis, essentially securing fees from developing
properties and concurrently completing infrastructure to support those developing properties; and
WHEREAS, on November 15, 2016 and again on December 12, 2017 the City Council
adopted updates to the PFFP prepared for the City by Watson Planning Consultants and Wallace
Group, to provide adjustments to the various projects contained in the PFFP, the estimated costs
associated with completing those projects, and the apportionment of those costs to the planned
developments within the OASP; and
WHEREAS, some of the projects in the PFFP are under construction and more accurate
cost estimates have been provided for these projects; and
WHEREAS, the OASP and PFFP each anticipated the need to periodically update and
revise the scope of needed infrastructure and the costs associated with those projects to insure an
adequate fee structure is in place; and
WHEREAS, pursuant to California Government Code Section 66016, the City Council
held a properly noticed public meeting at their regularly scheduled October 16, 2018, meeting at
which oral and written presentations were made and public testimony was recieved.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Continued Find.in . Based on the evidence submitted and considered at its
October 16, 2018 public hearing, the City Council makes the following continued findings:
1. The Orcutt Area Specific Plan (OASP) and the OASP Public Facilities Financing Plan
(PFFP) were duly approved in May 2010, at which time a PFFP Fee Structure was established
that was intended to collect funds from developing properties in the Planning Area to be used
to complete needed public infrastructure to support the planned growth in the GASP.
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2. The 2010 OASP and PFFP anticipated the need to periodically review and update the PFFP
Fee Structure as a means to insure development was paying its fair share of new
infrastructure needed to serve the developing Planning Area.
3. Since its adoption in May 2010, updates to the PFFP have been completed previously in
November 2016 and December 2017.
4. Since May 2010, over 700 residential units have been approved for development in the
OASP, constituting 2/3rds of the total units expected in the Planning Area.
5. It is timely to provide this update to the PFFP cost estimates and update the PFFP Fee
Structure to insure new development fully pays its way in meeting public infrastructure
demands they create, in a timely and orderly manner.
6. The purpose of the updated PFFP fees is to further protect public health, safety, and general
welfare by providing adequate transportation and park and recreation facilities to satisfy
the needs of new development and to mitigate the impacts of new development on the
City's capital facilities and improvements and were contemplated in various policies in the
OASP.
7. The updated PFFP fees collected pursuant to this resolution shall be used only to pay for
facilities and improvements identified in the PFFP, which is incorporated herein by this
reference, and shall not be in lieu of any other fee or tax as may be required by the
Municipal Code.
8. There is a reasonable relationship between the types of development on which the PFFP
fees are imposed and the use of the PFFP fees and the need for the facilities and
improvements.
9. As required by Government Code Section 66001 et seq., there is a reasonable relationship
between the amount of the updated PFFP fees and the cost of the facilities and
improvements attributable to the developments on which the PFFP fees are imposed.
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SECTION 2. Environmental Review. The Orcutt Area Specific Plan (OASP) and an
associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010.
Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the 2018
Update of the PFFP, were anticipated as mitigation measures to secure needed infrastructure in
supporting orderly growth in the OASP Planning Area. The adoption of an updated fee structure
for development impacts in the Orcutt Planning Area is covered by the general rule that CEQA
applies only to projects which have the potential for causing a potential effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the general rule CEQA 16061 (b) (3) exemption
applies. Therefore, no further environmental review is required.
SECTION 3. Action — Adoption of Resolution. Based on the evidence and findings noted
above, the City Council hereby approves the 2018 PFFP fee update as outlined in the staff report.
SECTION 4. The Community Development Director is authorized to revise the Public
Facilities Financing Plan to reflect the update and administer and implement these fees as provided
therein.
SECTION 5. The Community Development Director is authorized to execute an agreement
with the OASP subdividers in a form acceptable to the City Attorney whereby the vested subdivisions
agree to pay the updated 2018 PFFP fee rates and agree to cover the shortfall for any vested
subdivisions that do not sign the agreement.
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SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this Resolution.
Upon motion of Vice Mayor Christianson, seconded by Council Member Rivoire, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of
ATTEST:
Teresa Purrington,
City Clerk
APPROVED AS TO
J. Christine Dietrick
ity Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 2Z"d day of 0 j o)4314r- 26
Teresa Purrington
City Clerk
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