HomeMy WebLinkAboutR-10956 amending previously adopted reso establishing which development review projects are exempt from participating in capital facilities fees RESOLUTION NO. 10956 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING PREVIOUSLY ADOPTED
RESOLUTION NO. 10849 (2017 SERIES) AND MODIFYING THE
ELIGIBILITY CRITERIA FOR ESTABLISHING WHICH
DEVELOPMENT REVIEW PROJECTS ARE EXEMPT FROM
PARTICIPATING IN THE NEWLY ADOPTED CAPITAL FACILITIES
FEE AND THE WATER AND WASTEWATER CAPACITY AND
CONNECTION FEE PROGRAMS BASED ON THE DATE OF BUILDING
PERMIT APPLICATION
WHEREAS, on November 21, 2017, the City Council adopted Resolution No.10849
(2017 Series)requiring all applicable development review projects participate in then pending,but
now adopted, Capital Facilities Fee and the Water and Wastewater Capacity and Connection
Programs. The Resolution provided notice to all property owners that it was the City's intent to
adopt updated development impact fee programs by March 2018, and that it is the City's
expectation that all applicable development projects that are issued building permits once those
impact fees have been published pay those updated fees, since they will benefit from the
improvements, facilities, and services that will be covered by those fee programs. In addition, the
Resolution contained condition of approval language to be added to applicable development
projects to provide additional clarification as to which fees that development project will be subject
to:
In accordance with Resolution No.10849 (2017 Series), the Developer shall pay
any and all development impact fees, including water and wastewater capacity and
connection fees, in the amount in effect at the time of issuance of building permit.
However, Resolution No.10849 (2017 Series) also exempted the following development review
projects from paying the updated fees:
a) Development projects that are entitled under a vesting tract map that specified which
development impact fees would be applied to the project;
b) Ministerial development review projects that receive building permit issuance prior to
the adoption of the updated development impact fee programs; and
c) Discretionary development review projects that are currently in process and will have
building permits issued for that development prior to the publication of the updated
development fee programs.
WHEREAS,on Apri13,2018,the City Council adopted Resolution Nos.10879 and 10880
(2018 Series) which created the current Capital Facilities Fee and Water and Wastewater
Development Impact Fee programs;
WHEREAS, the City's development review tracking software is unable to provide the
level of functionality needed in order to fully implement Resolution No. 10849 (2017 Series).
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Resolution No. 10956 (2018 Series) Page 2
Specifically, the City's software generates all fees due at building permit issuance at the time the
permit was submitted,not at the time of issuance; and
WHEREAS, by this Resolution, the City intends on modifying Resolution No. 10849
(2017 Series) so that projects which are subject to the updated Capital Facilities Fee and Water
and Wastewater Development Impact Fees are consistent with the functionality of the City's
development review tracking software.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Action. Resolution No. 10849 (2017 Series) is hereby amended insofar as
the following list of development review projects are exempt from the requirements of Resolution
No. 10849 (2017 Series):
a) Development projects that are entitled under a vesting tract map that specified which
development impact fees would be applied to the project;
b) Ministerial development review projects that submitted building permit applications
prior to the adoption of the updated development impact fee programs; and
c) Discretionary development review proj ects that submitted building permits
applications for that development prior to the establishment of the updated
development fee programs.
The modified condition of approval language as set forth below, is hereby approved which shall
be applied to all discretionary development review projects that were in process between the date
of adoption of Resolution No. 10849(2017 Series)and the adoption of Resolution No.10879(2018
Series)and Resolution No.10880(2018 Series)which established the updated development impact
fee programs.
In accordance with Resolution No.10489 (2017 Series) and as amended with
Resolution No. (2018 Series), the Developer shall pay any and all
development impact fees, including water and wastewater capacity and connection
fees, in the amount in effect at the time of issuance of building permit.
SECTION 2. Upon the effective date of this Resolution, the Community Development
Director is hereby authorized and directed to apply the condition of approval language to all
applicable discretionary development review projects that are currently in process or will be in
process between now and the establishment of the updated development impact fee programs,
unless exempt from this Resolution as described above.
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Resolution No. 10956 (2018 Series) Page 3
SECTION 3w�'L 1���t��°���a�7�����a�. The City Council herby finds that the modification of
rates and charges by public agencies is statutorily exempt from the California Environmental
Quality Act (CEQA) under section 15273 of the Public Resources Code because changes in fees
is not intended to fund expansion of capital projects not otherwise evaluated under CEQA.
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 13th day of November 2018.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
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Teresa Purrington
City Clerk
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