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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. R 10952 Resolution No. 10952 (2018 Series) Page 2 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. R 10952 Resolution No. 10952 (2018 Series) Page 3 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. R 10952 Resolution No. 10952 (2018 Series) Page 4 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 R 10952