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HomeMy WebLinkAbout07-02-2019 Item 11 - Ordinance intro - Citywide and LOVR subarea Traffic Impact Fee Program Update Department Name: Public Works Cost Center: 5007 For Agenda of: July 2, 2019 Placement: Public Hearing Estimated Time: 30 Min. FROM: Daryl Grigsby, Public Works Director Prepared By: Jake Hudson, Interim Deputy Public Works Director SUBJECT: CITYWIDE AND LOS OSOS VALLEY ROAD (LOVR) SUBAREA TRAFFIC IMPACT FEE PROGRAM UPDATE/NEXUS STUDY (AB 1600) ORDINANCE INTRODUCTION RECOMMENDATION 1. Introduce an Ordinance (Attachment B) and adopt a Resolution (Attachment A) to implement updates to the Los Osos Valley Road Subarea Traffic Impact Fee Program to reflect current growth assumptions and remaining costs; and 2. Adopt a Resolution (Attachment D) updating the Citywide Traffic Impact Fee Program to reflect current growth assumptions and current project cost estimates. REPORT-IN-BRIEF In 2018, the City adopted a comprehensive development impact fee program, including updated transportation and parks fees and new public safety fees. The Citywide fee program was a key implementation action of the 2014 Land Use and Circulation Element General Plan Update and was guided by General Plan Policy 1.13.91, which requires that new development pays its proportionate share of infrastructure cost. At the time of the update, the LOVR Subarea Transportation fee, which was last updated in 2005 was left in place “as is” and not updated. Since the Citywide fee program was adopted in 2018, planned development in the LOVR subarea is more certain and transportation improvements needed to serve the new development are more defined. This subarea fee update is intended to realign anticipated development and the required transportation improvements. In addition to the LOVR Subarea update, the planned development assumptions in the LOVR program are recommended to also be reflected in the Citywide fee program along with updated infrastructure costs for projects nearing construction. This report and accompanying documentation, including the Nexus Studies (Attachments C & E), provide the City of San Luis Obispo with the necessary technical documentation to support the adoption of updated LOVR Subarea and Citywide transportation impact fee programs. 1 1.13.9. Costs of Growth: The City shall require the costs of public facilities and services needed for new development be borne by the new development, unless the community chooses to help pay the costs for a certain development to obtain community-wide benefits. The City shall consider a range of options for financing measures so that new development pays its fair share of costs of new services and facilities which are required to serve the project and which are reasonably related to the new growth attributable to the development. Packet Pg. 183 Item 11 Consistent with City policy, the fee programs will help ensure that new development contributes its fair share to needed infrastructure and public facilities, no single development is burdened with the full cost implementing impact fee program projects, and helps to sustain the City’s quality of life and economic vitality as growth occurs. Traffic Impact Fees for the LOVR Subarea Program are recommended to be reduced by approximately 65% for all land uses except for retail which is proposed to increase by 23%. Traffic Impact Fees for the Citywide Program are recommended to increase by approximately 5% to 6% for all land uses. DISCUSSION Los Osos Valley Road Subarea Fee Program Update The Los Osos Valley Road (LOVR) Subarea Traffic Impact Fee program is the funding mechanism for the Los Osos Valley Road Interchange and associated improvements. Although the Interchange has been completed, the fee program is still in place to fund other remaining improvements associated with the interchange such as a traffic signal at Auto Park Way, SB Highway 101 ramp metering, as well as reimbursement to Costco for costs they incurred above and beyond their fair share for relocating Calle Joaquin. The growth and project assumptions for the LOVR Subarea Fee program were last updated in 2005. Since then the LOVR Interchange proper has been constructed, the General Plan was updated changing allowed land uses in the subarea, more accurate growth assumptions are now known based on development proposals in process, and the Citywide Traffic Impact Fee program was adopted incorporating some of the costs from the LOVR Subarea Fee Program. These changes now necessitate an update of the LOVR Subarea Fee Program. 1. Changes in Project Costs The total cost associated with the LOVR Interchange, which in addition to the Interchange proper, includes realignment of Calle Joaquin, Auto Park traffic signal, environmental mitigation, Calle Joaquin Park & Ride, SB 101 ramp metering, and others is estimated at $50million Of that $50 million approximately $33 million has been expended to-date and approximately $12 million has been incorporated into the Citywide Traffic Impact Fee Program. The remaining $5 million balance is to be collected from the proposed updated fee program 2. Changes in Land Use Assumptions The current subarea fee program growth assumptions that these costs are divided by included 445,000 square feet of retail, 227 hotel rooms, and 120 acres of business park. Due to development that has occurred since the last fee update, land use changes in the General Plan update, and updated growth assumptions based on current development proposals the new land use assumptions to divide these costs by need to be revised to include 145,000 square feet of retail, 120 hotel rooms, 143 single family residential units, 909 multifamily residential units, and a life plan community (i.e. Froom Ranch). The table below shows the estimated trip generation of new growth in the LOVR Subarea, the division of the remaining $4.8 million in costs by those trips, and the resulting cost per trip. Packet Pg. 184 Item 11 Because development applicants may not know how to calculate the trip generation of their projects, the $2,157 cost per trip has been converted into the cost per dwelling unit, per 1,000 square feet, or per hotel room in the recommended fee rate schedule as a convenience. This is consistent with the format of the fee rate schedule for the Citywide Traffic Impact Fee Program. 3. Recommended Fees The table below contains the recommended fee levels for the updated LOVR Subarea Transportation Impact Fee Program. Primarily as a result of the new land use designations under the General Plan, recommended fees are significantly lower than current fees for all uses except for retail which is 23% higher. Retail fees are higher under the proposed update because retail trip generation has a much higher proportionality to the total generation as compared to the prior General Plan land use. Packet Pg. 185 Item 11 Citywide Transportation Impact Fee Program Update A comprehensive update of the Citywide Transportation Impact fee program was adopted in 2018 based on the most current land use assumptions and project cost estimates at that time. These land use assumptions are still accurate and are consistent with assumptions under the LOVR fee update except for the Life Plan Community land use that is proposed as part of the upcoming Froom Ranch Specific Plan. Staff is proposing that the Life Plan Community land use also be reflected in the Citywide Impact Fee Program as it is proposed in the LOVR Fee update. In addition to land use updates staff is also recommending cost updates for four projects that are nearing construction. 1. Changes in Project Costs The current Citywide Transportation Impact fee program includes the following four projects which are in the final stages of design and nearing construction. Cost estimates assumed in the Citywide Fee Program were based on the best information available at the time. Since the Citywide Fee program was adopted, comprehensive engineering has been completed which revealed unanticipated project costs for some projects and for others the City entered into agreements with Avila Ranch expanding the scope costs within the fee program. The table below summarizes prior and new cost estimates for each of these projects and the reason for the increase. Packet Pg. 186 Item 11 Infrastructure Project Prior Estimate New Estimate Reason for Increase 1. Orcutt & Tank Farm Roundabout PFFP Project #4 $1,700,000 $2,750,000 Project scope increased due to unanticipated drainage affects and corresponding design changes. 2. California & Taft Roundabout PFFP Project #9 $1,500,000 $1,750,000 Construction & Right of Way Costs Higher Than Preliminary Estimates. 3. Higuera & Tank Farm Int. Widening PFFP Project #7 $2,000,000 $2,300,000 Project scope increased to include design costs per Avila Ranch Development Agreement. 4. Higuera: Widening (Bridge to Elks) & Sidewalks (Vachell to City Limits) PFFP Project #13 $655,000 $1,007,688 Estimates higher than originally anticipated. Project scope increased to include design and right of way costs per Avila Ranch Development Agreement Total Cost Increase: $1,952,688 As summarized in the project table below the current cost to be divided by new development in the Citywide Traffic Impact Fee Program is $143,378,158. As a result of the cost increases summarized in the table above the proposed cost to be divided by new development is 1.4% higher at $145,330,826. Project Cost Estimates Direct Developer Contribution Grant or Other Sources PFFP Cost Estimate Allocation Regional Traffic Existing Traffic New Traffic Current Fee Program $271,645,214 $31,265,720 $23,800,000 $216,579,494 $23,866,296 $49,355,040 $143,378,158 Proposed Updates $274,465,214 $31,265,720 $23,800,000 $219,399,494 $24,262,296 $49,806,372 $145,330,826 2. Changes in Land Use Assumptions The current Citywide fee program land use that these costs are divided by are estimated to generate approximately 233,000 new trips. This reflects the current General Plan land use for the Froom Ranch Specific Plan area which includes 275 residential units and 200,000 square feet of retail. However, the current land use proposal for Froom Ranch is different and now includes 130 residential units, 30,000 square feet of retail, a 120-room hotel, and a Life Plan Community which reduces citywide new trip generation by approximately 5% to 223,361 new annual trips. Although there are fewer trips than originally anticipated based on the preliminary Froom Ranch traffic impact study, the need for infrastructure contemplated under the fee program is the same. The table below shows the estimated trip generation of new Citywide growth, the division of the $145 million in costs by those trips, and the resulting cost per trip. Because development in the LOVR Subarea and San Luis Ranch Specific Plan area are paying direct contributions to the LOVR & Prado Road interchanges they have a lower Citywide Impact fee rate so as not to double charge development in those areas. Packet Pg. 187 Item 11 Packet Pg. 188 Item 11 3. Recommended Fees Table 1 below is the recommended Citywide fee maintaining the policy reductions previously adopted by Council. The Recommended fees have increased by between 5% and 6% as a result of higher project costs and less land use to divide those costs by. 1. General Plan Policies The City of San Luis Obispo General Plan, Land Use Element Policy 1.13.9, Costs of Growth, states the following: The City shall require the costs of public facilities and services needed for new development be borne by the new development, unless the community chooses to help pay the costs for certain development to obtain community-wide benefits. The City shall consider a range of options for financing measures so that new development pays its fair share of costs of new services and facilities which are required to serve the project, and which are reasonably related to the new growth attributable to the development. Some of these “costs of growth” are paid for by new development either through the direct construction of an infrastructure project, or by payment of a development impact fee. Packet Pg. 189 Item 11 2. Mitigation Fee Act The Mitigation Fee Act (Assembly Bill 1600) is contained in California Government Code Section 66000 et.seq., established constitutional limits and “ground rules” for the imposition and administration of impact fee programs. The Act became law in January 1988 and requires local governments to document the following when adopting an impact fee: 1. Identify the purpose of the fee; 2. Identify the use of the fee revenues; 3. Determine a reasonable relationship between the use of the fee and the type of development paying the fee; 4. Determine a reasonable relationship between the need for the fee and the type of development paying the fee; and 5. Determine a reasonable relationship between the amount of the fee and the cost of the facility attributable to development paying the fee. In summary, a fee cannot collect more than the cost of the public facility needed to accommodate the new development paying the fee. AB 1600 establishes the legal requirement for there to be a nexus between the project and fee. In addition, fee revenues can only be used for their intended purpose. Public Engagement Notices of the fee updates, a June community meeting, and the July Council meeting were mailed to affected property owners in the LOVR Subarea the week of May 29, 2019. The only response was from one property owner verifying the proposed fee changes. A community meeting was held on June 19, 2019. Representatives of Avila Ranch were the only ones that attended. Staff also met with the Chamber of Commerce Director of Governmental Affairs to review the LOVR Subarea updates with follow-up correspondence regarding the corresponding updates to the Citywide Impact Fee Program. As of June 25, 2019 staff has received no objections to the proposed updates. CONCURRENCE The City’s Attorney, Community Development, & Finance Departments have reviewed this staff report and concur with its recommendation. ENVIRONMENTAL REVIEW The improvement projects contemplated under these updates were adequately analyzed in the City’s General Plan, Avila Ranch, and Orcutt Area EIRs. The adoption of the proposed Ordinance and Resolutions is not defined as a project under the California Environmental Quality Act (CEQA) and is therefore exempt pursuant to CEQA Guidelines section 15378(b)(4). Packet Pg. 190 Item 11 FISCAL IMPACT Budgeted: N/A Budget Year: On-Going Funding Identified: N/A Fiscal Analysis: As part of the 2018 Development Impact Fee Program the Council adopted policy fee program discounts that amount to a 30% or $43m reduction in Transportation Impact Fee revenue over the course of the 30-year program for the purpose of ensuring development feasibility and to incentivize the construction of smaller residential units. The funding gap created by the policy reduction is being offset by the General Fund, therefore 30% of any impact fee program project cost increase, such as those presented in this recommendation, would be borne by the General Fund, or other sources such as grants if secured, over the course of the 30 year fee program. As it relates to this staff recommendation, the cost increases in combination with the previously adopted 30% policy reduction would amount to an estimated $590,000 impact to the General Fund incrementally over the course of 30 years or approximately $20,000 per year. This obligation is being satisfied thru General Fund transfers into the Infrastructure Investment fund that was adopted as part of the current budget and will be proposed as part of future financial plans. ALTERNATIVES 1. Continue consideration of this item. The City Council may continue consideration of the recommendation if more information is needed to make a decision. Direction should be provided to staff regarding the additional analysis or data needed for the Council to conclude the item. 2. Deny the request. The City Council may deny the proposed fee updates. This action is not recommended because it would not evenly distribute infrastructure costs and may cause individual developments to shoulder the full burden of those costs which in turn has the potential to delay housing production. Attachments: a - LOVR Subarea Fee Update Resolution b - LOVR Subarea Fee Update Ordinance c - LOVR Subarea Update AB1600 Nexus Study d - Citywide TIF Update Resolution e - Citywide TIF Update AB1600 Nexus Study Packet Pg. 191 Item 11 R ______ RESOLUTION NO. _____ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING LOS OSOS VALLEY ROAD SUBAREA TRANSPORTATION IMPACT FEE PROGRAM WHEREAS, existing local, state and federal resources are insufficient to meet the City of San Luis Obispo’s needs for transportation improvements; and WHEREAS, new development generally increases the demand for transportation improvements and affect the quality of the community’s infrastructure; and WHEREAS, the public interest, convenience, health, safety and/or welfare require that transportation improvements be provided for the maintenance and enhancement of the quality of life of the City’s residents; and WHEREAS, the City of San Luis Obispo has a critical need to ensure that impacts from new development on the City’s transportation network are addressed, and development impact fees are a commonly-used mechanism to address this need; and WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations in respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that protect the health, safety, and/or welfare of its residents; and WHEREAS, Section 203 of the San Luis Obispo City Charter provides that the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs; and WHEREAS, the Mitigation Fee Act (AB 1600), codified in California Government Code Sections 66000-66025, establishes the legal requirements for a jurisdiction to implement a development impact fee program in conformance with constitutional standards; and WHEREAS, many cities and counties have adopted and imposed capital improvement impact fees on new development to ensure that impacts from new development are addressed; and WHEREAS, in April 2018, the City Council adopted the Citywide Capital Facilities Fee program, and in so doing, left the Los Osos Valley Road Subarea fee program in place; and WHEREAS, in April 2018, the City entered into an Agreement with the Avila Ranch developer in which the City agreed to update the Los Osos Valley Road Subarea Transportation Impact Fee Program, thereby directing staff to prepare a nexus study, and ident ified funding for this purpose; and WHEREAS, policies supporting development impact fees for capital improvements are included in the recently adopted specific plans and related General Plan amendments, for Avila Packet Pg. 192 Item 11 Resolution No. _____ (2019 Series) Page 2 Ranch, San Luis Ranch, Orcutt Area, Margarita Area, and the Airport Area, as well as the 2014 Land Use and Circulation Element (LUCE) of the City’s General Plan, the 2015 Housing Element, and the 2013 Economic Development Strategic Plan; and WHEREAS, the City Council introduced an Ordinance to establish an updated Los Osos Valley Road Subarea Transportation Impact Fee Program that identified the impact fees that are necessary to maintain an adequate level of transportation improvement infrastructure at a duly noticed public hearing, at a regular meeting of the City Council on July 2, 2019; and WHEREAS, the City Council introduced Ordinance #### amending Chapter 4.56 of the Municipal Code to establish an updated Los Osos Valley Road Subarea Transportation Impact Fee Program that identified the impact fees that are necessary to maintain an adequate level of transportation improvement infrastructure at a duly noticed public hearing, at a regular meeting of the City Council on July 2, 2019 and is scheduled to adopted the Ordinance on July 16th, 2019. The Los Osos Valley Road Transportation Impact Fee Program, as codified in Chapter 4.56, states that the amount of the fees be established by Resolution of the City Council; and WHEREAS, an analysis of the updated Los Osos Valley Road Subarea Transportation Impact Fee Program is provided in the Los Osos Valley Road Subarea Transportation Impact Fee Program Nexus Study, and which includes cost information for the identified transportation projects, is included in the attached Exhibits A and incorporated herein by this reference. WHEREAS, by this Resolution, the City Council intends on establishing the fee levels. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings a) The purpose of development impact fees is to protect the public health, safety, and general welfare by providing adequate transportation, park and recreation, fire, police, and general government facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City’s capital facilities and improvements. b) The development impact fees collected pursuant to this Resolution shall be used only to pay for facilities and improvements identified in the Los Osos Valley Road Subarea Transportation Impact Fee Update Nexus Study and shall not be in lieu of any other fee or tax as may be required by the Municipal Code. c) There is a reasonable relationship between the types of development on which the development impact fees are imposed and the use of the development impact fees and the need for the facilities and improvements. All new development requires adequate transportation infrastructure to protect the public health and safety. d) As required by Government Code Section 66001 et seq., there is a reasonable relationship between the amount of the development impact fee and the cost of the improvements attributable to the developments on which the development impact fees are imposed. The estimated costs of facilities and improvements, including Packet Pg. 193 Item 11 Resolution No. _____ (2019 Series) Page 3 financing costs, to be paid for as shown in the Los Osos Valley Road Subarea Transportation Impact Fee Update Nexus Study, for the City of San Luis Obispo, dated June 6, 2019, prepared by Economic & Planning Systems, Inc., the findings and analysis of which are hereby incorporated by reference, have been allocated to new development in a proportional manner based on trip generation rates. SECTION 2. Cost Estimates. At any time that the actual or estimated costs of facilities identified in the development impact fee analysis changes, the Finance Director shall review the development impact fee and determine whether the change affects the amount of the development impact fees. If the development impact fees are significantly affected, the Finance Director shall, within thirty (30) days, recommend to the Council that an updated impact fee nexus study be prepared. SECTION 3. Amount of Development Impact Fees. Effective July 1, 2019, development impact fees for capital improvement infrastructure associated with transportation, parks and recreation, public safety, and general government shall be in the amounts set forth in Exhibits A and B attached hereto. Unless otherwise acted upon by the Council, the amount of the development impact fees will automatically be adjusted on July 1 of each subsequent year by the Municipal Cost Index for the prior year. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2019. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ Packet Pg. 194 Item 11 Resolution No. _____ (2019 Series) Page 4 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, this ______ day of ______________, 2019. ____________________________________ Teresa Purrington City Clerk Packet Pg. 195 Item 11 Resolution No. _____ (2019 Series) Page 5 EXHIBIT A CAPITAL FACILITIES DEVELOPMENT IMPACT FEES Effective July 1, 2019 Land Use Category Residential Single Family Residential $2,157 per unit Multifamily Residential $1,445 per unit Non-Residential Retail $19,199 per 1,000 sq.ft. Office/Services $3,063 per 1,000 sq.ft. Industrial $1,704 per 1,000 sq.ft. Institutional $1,726 per 1,000 sq.ft. Lodging $1,316 per room Other $2,157 per PM Trip Avila Ranch Single Family Residential $2,260 per unit Multifamily Residential Condominium $1,061 per unit Apartment $1,308 per unit Retail $24,160 per 1,000 sq.ft. Updated LOVR Subarea Fee Sources: City of San Luis Obispo; Avila Ranch Traffic Study; Economic & Planning Systems, Inc. Packet Pg. 196 Item 11 O ______ ORDINANCE NO. _____ (2019 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO ESTABLISH AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM FOR THE LOS OSOS VALLEY ROAD SUBAREA AND MAKE RELATED AND CONFORMING AMENDMENTS TO CHAPTER 4.56 (ORDINANCE NO. 1256 (1994 SERIES)) TO INCLUDE THE LOS OSOS VALLEY ROAD FEE PROGRAM, AND ADOPTING CEQA EXEMPTION FINDINGS WHEREAS, existing local, state and federal resources are insufficient to meet the City of San Luis Obispo’s needs for transportation improvements; and WHEREAS, new development generally increases the demand for transportation improvements and affect the quality of the community’s infrastructure; and WHEREAS, the public interest, convenience, health, safety and/or welfare require that transportation improvements be provided for the maintenance and enhancement of the quality of life of the City’s residents; and WHEREAS, the City of San Luis Obispo has a critical need to ensure that impacts from new development on the City’s transportation network are addressed, and development impact fees are a commonly used mechanism to address this need; and WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations in respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that protect the health, safety, and/or welfare of its residents; and WHEREAS, Section 203 of the San Luis Obispo City Charter provides that the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs; and WHEREAS, the Mitigation Fee Act (AB 1600), codified in California Government Code Sections 66000-66025, establishes the legal requirements for a jurisdiction to implement a development impact fee program in conformance with constitutional standards; and WHEREAS, many cities and counties have adopted and imposed capital improvement impact fees on new development to ensure that impacts from new development are addressed; and WHEREAS, in April 2018, the City Council adopted the Citywide Capital Facilities Fee program, and in so doing, left the Los Osos Valley Road Subarea fee program in place; and WHEREAS, in April 2018, the City entered into an Agreement with the Avila Ranch developer in which the City agreed to update the Los Osos Valley Road Subarea Transportation Packet Pg. 197 Item 11 Ordinance No. _____ (2019 Series) Page 2 O ______ Impact Fee Program, thereby directing staff to prepare a nexus study, and identified funding for this purpose; and WHEREAS, policies supporting development impact fees for capital improvements are included in the recently adopted specific plans and related General Plan amendments, for Avila Ranch, San Luis Ranch, Orcutt Area, Margarita Area, and the Airport Area, as well as the 2014 Land Use and Circulation Element (LUCE) of the City’s General Plan, the 2015 Housing Element, and the 2013 Economic Development Strategic Plan; and WHEREAS, in February 2019, the Public Works Director, on behalf of the City Manager, further initiated proceedings by to entering into a professional services contract with Economic & Planning Solutions, Inc. (EPS) to update the Los Osos Valley Road Subarea transportation impact fee program; and WHEREAS, EPS has prepared a Nexus Study entitled “Los Osos Valley Road Subarea Transportation Impact Fee Nexus Study,” for the City of San Luis Obispo, dated June 6, 2019, a copy of which was previously provided to the City Council and made available to the public; and WHEREAS, the Nexus Study has documented and confirmed that development in the Los Osos Valley Road Subarea of San Luis Obispo will result in further growth, and that such growth will place additional burdens on the City’s transportation system; and WHEREAS, the Nexus Study further identified the locations and types of development that will generate those impacts, and thus established the reasonable relationship between the location and type of development projects paying the fees and the need for the transportation improvements generated by such development; and WHEREAS, the Nexus Study provided data outlining the transportation improvement infrastructure that is required to meet the need generated by new development projects in the Los Osos Valley Road Subarea; and WHEREAS, it is the City’s policy that new development should contribute its fair share to transportation improvement infrastructure through the imposition of impact fees which will be used to finance, defray, or reimburse the City for the appropriate portion of the cost of the improvements which serve such development; and WHEREAS, the Nexus Study established trip rate factors that reasonably estimate the level of impacts on transportation improvement infrastructure from new development based on the type of development project, and thus determined that there is a reasonable relationship between the type of development project paying the fees and the need for the identified transportation improvement infrastructure; and WHEREAS, the Nexus Study established eligible uses of revenues from transportation improvement infrastructure, based on the types of impacts from development projects, and thus determined that there is a reasonable relationship between the type of development project paying the fees and the use of the fee revenues; and Packet Pg. 198 Item 11 Ordinance No. _____ (2019 Series) Page 3 O ______ WHEREAS, the Nexus Study applied factors that reasonably estimate the level of impacts on transportation improvement infrastructure per unit of development and that vary by the type of development project, to calculate the fee on a development project, and thus determined that there is a reasonable relationship between the amount of the fee and the cost of the transportation improvement infrastructure fees attributable to the development project on which the fee is imposed; and WHEREAS, through the payment of the fee, developers of residential and non-residential projects in the Los Osos Valley Road Subarea will address a portion of the impact of their developments on transportation improvement infrastructure; and WHEREAS, impact fees are necessary to maintain an adequate level of transportation improvement infrastructure; and WHEREAS, the proposed impact fees adopted under this Ordinance are consistent with the maximum legal fees documented in the Nexus Study; and WHEREAS, the proposed impact fees balance the need for such improvements with the goal of not impeding the construction of new development; and WHEREAS, the updated fee program was discussed in a Developers’ Roundtable meeting on June 18, 2019 and which consisted of City staff and a cross section of stakeholders; and WHEREAS, the updated impact fees were scheduled to be considered at regular, duly noticed (including newspaper ad published on June 20, 2019) meeting of the City Council on July 2, 2019; and WHEREAS, this Ordinance was considered, after a duly noticed public hearing, at a regular meeting of the City Council on July 2, 2019. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows/or that (whatever action is needed): SECTION 1. Recitals. The recitals contained in this Ordinance are true and correct and are an integral part of the Council’s decision, and, are hereby adopted as findings. SECTION 2. Environmental Determination. The City Council finds and determines the adoption of this Ordinance is (1) not a Project under the California Environmental Quality Act “CEQA”) and is therefore exempt pursuant to CEQA Guidelines section 15378(b)(4); (2) statutorily exempt pursuant to CEQA Guidelines section 15273(a)(4) (Rates, Tolls, Fares and Charges for obtaining funds for capital projects necessary to maintain service within existing service area); (3) not intended to apply to specific capital improvement projects and as such it is speculative to evaluate such projects now and any specifically identified transportation projects were already evaluated under CEQA and imposed as mitigation measures in previously certified EIRs and /or adopted mitigated negative declarations; and/or (4) not intended to, nor does it, Packet Pg. 199 Item 11 Ordinance No. _____ (2019 Series) Page 4 O ______ provide CEQA clearance for future development-related projects by mere payment of the fees. Each of the foregoing provides a separate and independent basis for CEQA compliance and when viewed collectively provides an overall basis for CEQA compliance. SECTION 3. This Ordinance shall be known as the “Los Osos Valley Road Subarea Transportation Development Impact Fee Ordinance.” SECTION 4. Chapter 4.56 of the City of San Luis Obispo Municipal Code is hereby repealed and replaced in its entirety with Exhibit A. SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city' s rules and regulations. It is the city' s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This Ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 2nd day of July, 2019, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16th day of July, 2019, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ Packet Pg. 200 Item 11 Ordinance No. _____ (2019 Series) Page 5 O ______ 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, this ______ day of ______________, 2019. ______________________________ Teresa Purrington City Clerk Packet Pg. 201 Item 11 Ordinance No. _____ (2019 Series) Page 6 O ______ EXHIBIT A Chapter 4.56 - DEVELOPMENT IMPACT FEES Sections: 4.56.010 - Purpose. The council declares that the fees required to be paid by this chapter are established for the purpose of protecting the public health, safety and general welfare, and implementing the policies of the general plan, by providing adequate public facilities to support orderly development. 4.56.020 - Definitions. Unless otherwise required by the context, the following definitions shall govern the construction of this chapter: "Commercial development" means the development or use of land for any retail, office, lodging, service commercial or other business purpose. "Council" means the city council of the city of San Luis Obispo. "Development" or "development project" means any project undertaken for the purpose of development, and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. Development or development project shall include: (i) approvals of land divisions pursuant to Title 16 of this code, including approval of lot line adjustments, certificates of compliance, parcel maps, tract maps and condominium conversions; (ii) land use approvals pursuant to Title 17 of this code, including re-zonings or the approval of development plans, site plans, minor use permits, variances, but excepting approval of San Luis Obispo general plan/land use ordinance amendments; (iii) For the issuance of any occupancy permit or final building inspection; and (iv) all other approvals of real property development, which approvals are subject to the jurisdiction of the city of San Luis Obispo and which approvals are subject to the exercise of the discretion of the city council, planning commission, or community development director. For purposes of this chapter, new development includes any change of use or occupancy which increases the traffic service requirements of a development. "Dwelling unit" means a structure, or portion of a structure that is used for separate residential occupancy by an individual, a family or group of unrelated individuals. "Impact fee" means a monetary exaction charged to the applicant in connection with approval of a development project for the purpose of defraying all or a part of the cost of the public facilities related to the development project. This definition does not include fees specified in Government Code Section 66477, or fees for processing applications for permits or approvals. "Imposition of fees" occurs when they are imposed or levied on a specific development. Packet Pg. 202 Item 11 Ordinance No. _____ (2019 Series) Page 7 O ______ "Multifamily residential development" means development or use of land for residential purposes involving more than one dwelling unit in a single structure. "Public facilities" means public improvements, public services or community amenities. "Single-family residential" means development or use of land for residential purposes involving no more than one dwelling unit in a single structure. 4.56.030 - Fees—Imposition and application. This chapter establishes development impact fees which are imposed as a condition of approval upon all development projects for which a building permit is issued on or after the effective date of the ordinance codified in this chapter. Those impact fees are established for the following public facilities: A. General Government Impact Fee; B. Fire Impact Fee C. Parkland In-Lieu Fee; D. Parks and Recreation Development Impact Fee; E. Police Impact Fee; and F. Transportation Impact Fees (Citywide and designated subareas) Water and wastewater impact fees shall be governed by Title 13. These impact fees are established in order to pay for the capital costs of public facilities reasonably related to the needs of new development in the city. At least once every five years, the council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development. In establishing these fees, the council has considered the effect of the fees with respect to the city's housing needs as established in the housing element of the general plan. 4.56.040 - Fees to be set by resolution. The amount of fee assessments shall be determined by resolution adopted by the city council. Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the Engineering News Record Construction Cost Index. The factor for the adjustment of the fees shall be calculated and established each July by the director of financial services, utilizing the following formula: Factor = 1 + Current Index - Base Index for Date of Adoption Base Index for Date of Adoption 4.56.050 - Payment of fees. Except as otherwise provided in Section 66007 of the Government Code, impact fees shall be paid to the city at the time a building permit is issued. In cases where payment of all or part of the required fee is deferred at the time of building permit issuance, the community development Packet Pg. 203 Item 11 Ordinance No. _____ (2019 Series) Page 8 O ______ director may require that the applicant, at the applicant's expense, execute a contract with the city to pay all deferred impact fees prior to final inspection and/or issuance of a certificate of occupancy for the project. The contract shall specify the amount of the unpaid fee and a legal description of the property affected. It shall be recorded in the office of the county recorder and shall constitute a lien for the payment of the fees, which shall be enforceable against the successors in interest of the property owner. When impact fees are paid in full, the city, at the expense of the applicant or property owner, shall execute a release of any lien securing those impact fees. 4.56.060 - Protests. Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following requirements: A. Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition of the fee. B. Serving written notice of protest on the city council which notice shall contain all of the following information: 1. A statement that the required payment is tendered, or will be tendered when due, under protest; 2. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis for the protest. C. Serving the written notice of protest, no later than ninety (90) days after the date of the imposition of the fees. The city council shall consider that protest at a hearing to be held within sixty (60) days after serving the written notice of protest. The decision of the city council shall be final. 4.56.070 - Exemptions. The fees imposed under this chapter shall not apply to the following: A. The United States or to any agency or instrumentality thereof, the state of California or any county or other political subdivision of the state of California; B. Remodeling or alteration of an existing residential building, but only if the number of dwelling units is not increased or the use changed; C. That portion of a structure that existed before the addition of dwelling units or the enlargement of floor area in a nonresidential structure. If a structure is destroyed or demolished and replaced within two years from the date of demolition, the impact fees shall be based on the service requirements of the new development less the service requirements of the development which it replaced. 4.56.080 - Credits and reimbursement. If the applicant for approval of any development project is required by the city, as a condition of approval to construct facilities, the cost of which has been used in the calculation of impact fees which apply to that project, the applicant may receive a credit against those impact fees, up to the amount charged for the same type of facility. If the cost of the improvements constructed by the Packet Pg. 204 Item 11 Ordinance No. _____ (2018 Series) Page 9 O ______ applicant exceeds the amount of the impact fees charged to the development project for the same type of facility, the excess cost may be reimbursed to the applicant from other impact fee revenues within a reasonable time. To qualify for reimbursement, the applicant must enter into a reimbursement agreement with the city, and any such agreement must specify the amount to be reimbursed and the approximate schedule of the reimbursement. 4.56.090 - Disposition and use of fees. The director of financial services shall establish a separate fund or account for each type of facility listed in Section 4.56.030. All impact fees collected by the city shall be deposited in the fund or account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions or other formal city council action adopted pursuant to Section 4.56.030 as the basis for the impact fees, or for reimbursements as provided in Section 4.56.080. 4.56.100 - Refunds. If impact fees collected by the city have not been expended or designated for the intended purpose within five years following their collection, the city shall either refund those fees as provided in Section 66001 of the Government Code, or make findings as required by that section to retain the fees. The refund provision of this chapter shall apply only to moneys in possession of the city and need not be made with respect to any bonds, letters of credit or other items given to secure payment at a future date. Packet Pg. 205 Item 11 Los Osos Valley Road Subarea Transportation Impact Fee Nexus Study Prepared for: City of San Luis Obispo Prepared by: Economic & Planning Systems, Inc. June 6, 2019 EPS #191011 Packet Pg. 206 Item 11 Table of Contents 1. INTRODUCTION AND OVERVIEW ................................................................................. 1 Background .............................................................................................................. 1 Legal Context ........................................................................................................... 1 Summary of Maximum Fees ....................................................................................... 2 Fee Program Implementation ..................................................................................... 4 2. LAND USE FORECASTS ........................................................................................... 6 Projected Development Activity .................................................................................. 6 Land Use Categories .................................................................................................. 8 Changes in Projected Development ............................................................................. 8 3. LOVR SUBAREA TRANSPORTATION IMPACT FEE ............................................................ 10 Mitigation Fee Act Nexus Findings ............................................................................. 10 Geography of the LOVR Subarea Fee Program ............................................................ 11 Transportation Improvements and Cost Estimates ...................................................... 13 Fee Calculation ....................................................................................................... 15 4. IMPLEMENTATION AND ADMINISTRATION ..................................................................... 19 Fee Collection and Amount ....................................................................................... 19 Annual Review, Accounting, and Updates ................................................................... 20 Appendices APPENDIX A: Transportation Impact Fee Improvement List and Cost Allocation APPENDIX B: Trip Generation Rate Source and Comparison Packet Pg. 207 Item 11 List of Tables Table 1 Maximum LOVR Subarea Transportation Impact Fee Schedule ................................ 4 Table 2 Summary of LOVR Subarea Land Use Growth ....................................................... 7 Table 3 Land Use Category Descriptions .......................................................................... 9 Table 4 Summary of Improvements and Costs Included in the Fee Program ...................... 14 Table 5 LOVR Subarea Trip Rates and Total Trip Projections ............................................ 16 Table 6 Average Cost per Trip ...................................................................................... 17 Table 7 Maximum Updated Transportation Impact Fees for LOVR Subarea ......................... 18 List of Figures Figure 1 Revised Geographic Areas of Updated Transportation Fee Program ........................ 12 Figure 2 LOVR Subarea Geography ................................................................................ 12 Packet Pg. 208 Item 11 Economic & Planning Systems, Inc. 1 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx 1. INTRODUCTION AND OVERVIEW This Los Osos Valley Road (LOVR) Subarea Transportation Impact Fee nexus study (Study) provides the City of San Luis Obispo with the necessary technical documentation to support the potential adoption of an updated LOVR transportation impact fee. Consistent with City policy, the fee programs will help ensure that new development contributes its fair share to needed infrastructure and public facilities, helping to sustain the City’s quality of life and economic vitality as growth occurs. Background In 2018, the City adopted a comprehensive development impact fee program, including updated transportation and parks fees and new public safety fees. The Citywide fee program was a key implementation action of the 2014 Land Use and Circulation Element General Plan Update and was guided by General Plan Policy 1.13.9, which requires that new development pays its proportionate share of infrastructure costs. In addition, the General Plan Update resulted in changes to the allowed land uses in the LOVR Subarea, rendering the LOVR Subarea fee land use categories incompatible with proposed development. At the time of the 2018 adoption of the Citywide fee program, the LOVR Subarea Transportation fee, which was first established in 2003, was left in place “as is” and was not updated. Since the Citywide fee program was adopted in 2018, planned development in the LOVR subarea is more certain and transportation improvements (and costs) needed to serve the new development are more defined. This subarea fee update is intended to realign anticipated development and the required outstanding transportation improvements. For example, the LOVR/U.S. 101 Interchange and other associated improvements are complete and can be “retired” out of the fee program, while outstanding reimbursement obligations and remaining projects are now defined and can be included in the updated fee program. At the same time, the update will provide certainty to developers about the rules and financial obligations they will face, as well as the reimbursement obligations of the City, while ensuring that adequate infrastructure will be available to support growth and enhance competitiveness. This Study has been prepared by Economic & Planning Systems, Inc. (EPS) under the management of the Public Works Department, input from stakeholders, and direction from City Council. To the extent final fee levels will vary from the maximum, justifiable levels established by this Study, the City Council will make this determination, based on a range of policy considerations. Legal Context Consistent with General Plan policy, this Study provides the necessary technical analysis to support a new schedule of development impact fees for the LOVR subarea up to the calculated justifiable maximum to be enabled by Ordinance and adopted by Resolution. Packet Pg. 209 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 2 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx The City currently has an impact fee ordinance that enables the collection of fees for capital facilities, pursuant to the Mitigation Fee Act and Government Code Section 66000 et seq. The Mitigation Fee Act sets forth the procedural requirements for establishing and collecting development impact fees. These procedures require that "a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition." The updated fees described in this Study are consistent with the requirements of the Mitigation Fee Act (Government Code Section 66000 et seq.) and the most recent relevant case law. The key requirements of the Mitigation Fee Act that determine the structure, scope and amount of the potential LOVR Subarea fee program are as follows: • Collected for Capital Facility and Infrastructure Improvements Only. Development impact fee revenue can be collected and used to cover the cost of capital facilities and infrastructure that are required to serve new development in the LOVR Subarea. Impact fee revenue cannot be used to cover the operation and maintenance costs of these or any other facilities and infrastructure. • Used to Fund Facility Needs Created by New Development Rather than Existing Deficiencies. Impact fee revenues can only be used to pay for new or expanded capital facilities needed to accommodate growth. Impact fee revenue cannot be collected or used to cover the cost of existing deficiencies in the City’s capital facilities or infrastructure. In other words, the cost of capital projects or facilities that are designed to meet the needs of the City’s existing population must be funded through other sources. The costs associated with improvements that serve the needs of both new development and the existing population and employment are split on a “fair share” basis according to the proportion attributable to each. Thus, the LOVR Subarea fee program funding will need to be augmented by the City and other revenue sources to meet overall funding requirements. • Fee Amount Must Be Based on A Rational Nexus. The amount of an impact fee must be based on a reasonable nexus, or connection, between new development and the needs and corresponding costs of the capital facilities and improvements need to accommodate it. As such, an impact fee must be supported by specific findings that explain or demonstrate this nexus or relationship. In addition, the impact fee amount must be structured such that the revenue generated does not exceed the cost of providing the facility or improvement for which the fee is imposed. Summary of Maximum Fees Based on the capital facilities needed to serve future development in the LOVR Subarea, the associated portion of costs that can be allocated to new development, and the proportionate allocation between different land uses, Table 1 presents the maximum LOVR Subarea impact fees that can charged to new development to fund transportation improvements. The provisions of the Mitigation Fee Act allow jurisdictions to include the costs of administering the impact fee program in the maximum fee. Administration requirements include collecting and allocating impact fee revenue, record keeping and reporting of fund activity, and periodic updates to the Packet Pg. 210 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 3 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx fee program. The City charges an administrative fee of 1.75 percent of the total fee program cost.1 The revenues generated by the maximum fee schedule would cover new developments’ share of the transportation needs associated with new development and not funded by direct developer contributions. For example, the updated LOVR Subarea Fee program will fund outstanding reimbursements from the City to Costco related to the Calle Joaquin Relocation as well as remaining projects related to the Los Osos Valley Road/US 101 Interchange, including the south bound on-ramp metering project. Under the maximum fee schedule, about $4.8 million in 2019 dollars would be generated for transportation improvement investments through buildout of the Los Osos Valley Road Subarea. The derivation of the maximum fees is provided in the subsequent chapter, and as discussed in a subsequent section, to the extent fees are adopted at below their maximum levels, the requirement for funding from other sources would increase. 1 The administrative add-on to the maximum development impact fees varies among California jurisdictions. Where included, the addition is typically between 1.0 and 3.0 percent. This CFF Program applies a 1.75 percent factor, in the middle of the range, and below the City’s 2.65 percent building and planning cost for services fee. Packet Pg. 211 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 4 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 1 Maximum LOVR Subarea Transportation Impact Fee Schedule Fee Program Implementation Fee Schedule Determination This Study provides the City of San Luis Obispo with the necessary technical documentation to support the adoption of updated LOVR Subarea transportation impact fees at the maximum levels shown. The City Council can choose to adopt fees below these maximum levels. The adoption of fees below the maximum level requires the City to “backfill” with additional funding from other sources. This is in addition to the funding required from other funding sources that will be required to fund the portions of the capital improvement costs that cannot be allocated to new development. Land Use Category Residential Single Family Residential $2,157 per unit Multifamily Residential $1,445 per unit Non-Residential Retail $19,199 per 1,000 sq.ft. Office/Services $3,063 per 1,000 sq.ft. Industrial $1,704 per 1,000 sq.ft. Institutional $1,726 per 1,000 sq.ft. Lodging $1,316 per room Other [1]$2,157 per PM Peak "Driveway" Trip Avila Ranch Single Family Residential $2,260 per unit Multifamily Residential Condominium $1,061 per unit Apartment $1,308 per unit Retail $24,160 per 1,000 sq.ft. [1] The Life Plan component of the Froom Ranch project will pay on a per trip basis. Updated LOVR Subarea Fee Sources: City of San Luis Obispo; Avila Ranch Traffic Study; Economic & Planning Systems, Inc. Packet Pg. 212 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 5 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx There are several economic and policy reasons why a City might choose to adopt fees below the maximum level.2 One common reason relates to concerns over development feasibility, where substantial increases in development impact fees are expected to substantially reduce the feasibility of new development and/or create substantial disincentives to the types of development that City policy is explicitly seeking to encourage. It is the cumulative set of development fees that is important to development feasibility (along with real estate market conditions and other development costs), not just individual fee components. The City’s current fee program includes such policy discounts – specifically a 50 percent discount in the retail and hotel transportation development impact fees. However, because the maximum fees, in most cases, are significantly lower than the existing fees, it is unlikely that further policy reductions are warranted. Fee Adoption and Implementation Once selected, the preferred LOVR Subarea fee program and schedule will be adopted through Ordinance and Resolution. The new Ordinance will address the primary implementation and administrative issues and procedures associated with the LOVR Subarea fee. Then actual fee levels will be set by Resolution. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. A list of the key implementation and administrative elements as required by the Mitigation Fee Act are addressed in Chapter 4. 2 When there is concern about fee levels, the first step is to consider the capital improvements lists that drive the maximum fee levels, where applicable, and ensure all improvements are necessary. Once the City staff determined that all improvements were required, policy-based discounts are considered, recognizing the need to “backfill” funding. Packet Pg. 213 Item 11 Economic & Planning Systems, Inc. 6 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx 2. LAND USE FORECASTS This Chapter describes the future development assumptions for the LOVR Subarea based on known development projects and planning applications in various stages of entitlement. The land use assumptions utilized in this Study are an important driver of the maximum development impact fee estimates. There are five planned but unbuilt major development projects in the LOVR Subarea that are contributing to the need for the LOVR/Highway 101 Interchange, associated projects, and costs. The five development projects are described below and summarized on Table 2. Projected Development Activity Froom Ranch The Froom Ranch property is located along Los Osos Valley Road, northwest of U.S. 101. The development program is based on the applicant’s 2017 Specific Plan. The proposal includes 130 multifamily units, 30,000 square feet of retail space, a 120-room hotel, and a continuing care retirement center, called Life Plan Community. Life Plan Community is expected to include 398 units, 72 beds, restaurant, and recreation facilities. A 2.9-acre trailhead park and open space are part of the Specific Plan. Avila Ranch The Avila Ranch Project will create a new City neighborhood located at the northeast corner of Buckley Road and Vachell Lane. The Avila Ranch Development Plan allows up to 720 dwelling units; a “Town Center” with 15,000 square feet of local-serving retail and office uses; 18 acres of pocket parks, mini-parks and neighborhood parks; and 53 acres of open space, including riparian corridors and farmed agricultural land. Packet Pg. 214 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 7 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx McBride Gearhart The McBride Gearhart property is located along Calle Joaquin, north of U.S. 101. Approximately, 42,700 square feet of retail space are anticipated, based on existing zoning and remaining development capacity. Pacific Beach High School Site The Pacific Beach High School Site is located XXX. Approximately, 38 single family residential units and 57,500 square feet of retail space are anticipated, based on existing zoning and remaining development capacity. LOVR Creekside The Los Osos Valley Road Creekside property is located XXX. Approximately, 159 multifamily residential units are anticipated, based on existing zoning and remaining development capacity. Table 2 Summary of LOVR Subarea Land Use Growth Development and Land Use Category Froom Ranch SFR 0 units MFR 130 units Life Plan Hotel 120 rooms Retail 30,000 sq.ft. McBride Gearhart (Calle Joaquin) Retail 42,688 sq.ft. Avila Ranch SFR (R-1)101 units MFR (R-2)300 units MFR (R-3 and R-4)319 units Retail 15,000 sq.ft. Pacific Beach High School Site SFR 38 units Retail 57,500 sq.ft. LOVR Creekside (east of SLO Creek) SFR 0 units MFR 159 units Total Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc. Amount of Development Packet Pg. 215 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 8 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Land Use Categories Consistent with the Citywide fee program, the land use categories to be used in the updated LOVR Subarea fee program are as follows: • Residential — Single family — Multifamily • Non-Residential — Office/Services — Retail — Industrial — Institutional — Lodging Table 3 provides the definitions of the different land uses associated with the City’s development capacity estimates. These are the same definitions applied to the other development impact fees, except where specifically noted. In the LOVR Subarea fee program, office and services are combined. Changes in Projected Development Over time, it may become apparent that the development assumptions require refinement. Business and real estate market cycles, growth management policies, and changes in land use designations could all affect the expected/potential level of growth and development. Consistent with other development impact fee programs, these changes are captured in the periodic updates to fee programs that support a re-calibration of fee program assumptions. Packet Pg. 216 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 9 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 3 Land Use Category Descriptions Land Use Category Description and Examples [1] Single Family Single family detached dwelling units, single family attached dwelling units including Townhome-style units. A single Accessory Dwelling Unit (ADU) is allowed as part of the construction of a single family home and is not charged separate impact fees. Multifamily Multifamily attached dwelling units and mobile homes. Office Uses include professional services, financial institutions, administration-type uses, including administration of private-sector utilities, and certain types of services, such as tax return preparation, advertising agencies, photography studios, pest control, building maintenance, employment agencies, security and computer-related services. Services Uses include offices and clinics of medical and health practitioners, religious organizations, membership organizations, certain transportation uses, beauty/barber shops, funeral services, and repair shops. Retail Uses include regional- and neighborhood-serving retail establishments, including retail as part of mixed-use developments. Specific uses include restaurants, gas stations and auto care, movie theaters, fitness facilities, warehouse stores, department stores, grocery stores, and amusement and recreation services. Industrial Uses include construction, manufacturing, and transportation uses, as well as warehousing and storage. Ancillary office space included as part of industrial development is included. Institutional Uses include City, County, and State offices and facilities, health care facilities such as Mental Health and Public Health services, Social services such as County Social Services, CA Employment Development and Rehabilitation, Homeless shelters, and cultural and public recreation facilities. Lodging Uses include resorts, hotels, motels, and bed and breakfast inns. Sources: City of San Luis Obispo Parcel Data SIC Correspondence; Economic & Planning Systems, Inc. [1] This table provides a summary only. For more specific direction, refer to the City of San Luis Obispo Parcel Data SIC Correspondence table. Packet Pg. 217 Item 11 Economic & Planning Systems, Inc. 10 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx 3. LOVR SUBAREA TRANSPORTATION IMPACT FEE This Chapter establishes the maximum LOVR Subarea transportation impact fees under the Mitigation Fee Act that could be required of new development in the LOVR Subarea. These fees represent an update to the existing LOVR Subarea transportation impact fee program in the City, and will apply to all new development in the LOVR Subarea unless project-specific terms or agreements may apply. The updated LOVR Subarea transportation fee program addresses updates to the LOVR/U.S. 101 Interchange project and associated improvements and cost estimates that are the basis of the fee program. As noted previously, it is the City’s policy to ensure that new development pays for its fair share of the cost of transportation improvements, and the transportation impact fee program is one of the City’s key strategies for doing so. Mitigation Fee Act Nexus Findings Nexus findings are provided below addressing: 1) the purpose of the fee; 2) the specific use of fee revenue; 3) the relationship between the facility and the type of development; 4) the relationship between the need for the facility and the type of development; and 5) the relationship between the amount of the fee and the proportionality of cost specifically attributable to development. The technical information and calculations provided below support these nexus findings/requirements. Purpose New development in the LOVR Subarea required installation of the LOVR/U.S. 101 Interchange and associated improvements. The revenue collected from the LOVR Subarea transportation fee program will help maintain adequate levels of transportation service in the Subarea and in the City of San Luis Obispo by mitigating the impact that new development will have on the City’s transportation system. Use of Fee Fee revenue will be used to help fund City transportation improvements or the City’s share of regional improvements, including regional interchanges, as well as financing costs and the reimbursement of upfront investments from other City funds for transportation improvements required to serve future growth. A detailed project list is included in Appendix A of this study. Relationship New residential and commercial development in the LOVR Subarea will increase the average number of “P.M. Peak” vehicle trips in the area, thereby increasing demands for and travel through the LOVR/U.S. 101 Interchange. “P.M. Peak” trip data by land use category underscores the relationship between the type of new development and the needed transportation facilities. Packet Pg. 218 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 11 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Need But for new development in the LOVR Subarea and the associated increase in trips, the LOVR/U.S. 101 Interchange improvement would not be needed. The transportation improvements considered in this study are considered necessary to meet the Subarea’s, and therefore the City's, future transportation needs under General Plan buildout. Proportionality The maximum fee levels are established by land use category based on planned and anticipated development activity in the Subarea, using established “P.M. Peak” trip rates. Total costs and total trips are used to calculate a per trip cost, which is then multiplied by the appropriate trip rate, ensuring proportionality. Geography of the LOVR Subarea Fee Program In 2018, the Citywide Transportation Impact Fee update created a citywide fee geography that subsumed the Airport Area Specific Plan and Margarita Area Specific Plan subarea transportation impact fee programs. The LOVR Subarea and the Orcutt Area Specific Plan Subarea remained in place, such that new development in either of those two areas pays the appropriate Citywide fee plus the applicable subarea fee. Figure 1 below presents the revised geographies associated with the updated transportation fee program. Figure 2 shows the LOVR Subarea in more detail. Packet Pg. 219 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 12 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Figure 1 Revised Geographic Areas of Updated Transportation Fee Program Figure 2 LOVR Subarea Geography [need image] Packet Pg. 220 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 13 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Transportation Improvements and Cost Estimates Since the Citywide fee program was adopted in 2018, planned development in the LOVR subarea is more certain and transportation improvements (and costs) needed to serve the new development are more defined. The improvements that are the basis for the transportation impact fee update are provided by the City of San Luis Obispo and derived from several sources: • The City’s existing Citywide transportation impact fee program, which was updated in 2018. • The Los Osos Valley Road Subarea transportation impact fee program, last updated in 2003. • The Agreement between the City of San Luis Obispo and the Avila Ranch developer, dated April 2018. Transportation Improvements The transportation improvements and costs remaining in the LOVR Subarea fee program include the following: • Outstanding reimbursements to Costco from the City related to the Calle Joaquin Relocation, and • Remaining projects related to the Los Osos Valley Road/US 101 Interchange, including the south bound on-ramp metering project. Total Project Costs The infrastructure identified for this update are necessary to support buildout of the LOVR subarea, for consistency with General Plan policy, and/or because there are reimbursement commitments in place. Table 4 provides a summary of improvements and costs included in the fee update. The full project costs associated with each improvement are not necessarily included in the transportation fee program. For example, funding from other sources is assumed for certain projects, including, for example, bond proceeds. Where other funding sources are available, that available funding is subtracted from the total project costs and only the balance of the project costs is included in the fee program. Packet Pg. 221 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 14 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 4 Summary of Improvements and Costs Included in the Fee Program The detailed project improvement list is provided as Appendix A and shows the full sources and uses accounting. The project list was prepared by City staff and reviewed and formatted by EPS. Full project cost estimates for each improvement are presented. For regional projects, cost estimates are prepared by CalTrans; in other cases, cost estimates are provided by developers who will have responsibility for building the improvements; and still, in other cases, cost estimates are provided by Wallace Group, a cost estimator consultant to the City. For those projects for which financing costs are included, those cost estimates were provided by the City’s engineering and cost consultant. All costs are provided in 2019 dollars. It is important to note that the project list represents a current list of transportation improvements for the purposes of Ref. Item Amount to Be Funded by Updated LOVR Subarea Fee Phase 1: Calle Joaquin Relocation T1 Hanson Right-of-Way $112,053 T2 Hanson Driveways Paid by City $0 T3 Hanson Outstanding Legal Costs $800,000 T4 Madonna Right-of-Way $0 T5 Total Costco Calle Joaquin Relocation Construction Cost $1,048,269 T6 Annual CPI Adjustment Costco $921,375 Subtotal Phase 1 Costs $2,881,697 Phase 1: Adjustments T3a Costco Fair-Share Adjustment (25.3%)($243,515) T5a Costs in Calle Joaquin Agreement Paid Directly by City ($12,917) Subtotal Phase 1 Adjustments ($256,432) Adjusted Subtotal Phase 1 Costs $2,625,265 Remaining Projects R1 Interchange Landscaping Project $0 R2 Environmental Mitigation $0 R3 Los Verdes Interchange Settlement $105,000 R4 Mitigation Auto Park Way/LOVR $225,000 R5 South Bound On-Ramp Metering $1,750,000 R6 Calle Joaquin Park and Ride Lot $72,204 Subtotal Remaining Projects $2,152,204 Total LOVR Subarea Transportation Fee Costs $4,777,469 Source: City of San Luis Obispo. Packet Pg. 222 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 15 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx the calculation of the development impact fee and broader financial planning. Over time, as part of the periodic, formal updates, it is possible that new projects may be added and current projects modified. Cost Allocation to New Development The allocation of costs between new and existing development and by land use is a critical component of the fee nexus analysis. All of the transportation improvements included in the LOVR subarea fee program update, listed in Appendix A and summarized in Table 4, will benefit new development in the Los Osos Valley Road subarea. More specifically, the improvements would not be needed but for the future development in the LOVR Subarea. Fee Calculation The fee calculations are based on an average cost per trip that is the result of dividing the costs of the improvements that are attributable to new development by the number of P.M. Peak “Driveway” trips that are generated by the projected new development. “Driveway” trip rates vary from “All Legs” trip rates in that the “driveway” trip rates do not count stops along the way that result in multiple legs as their own trips. For example, a trip from home to work with a stop at the store along the way is counted as one driveway trip but two all legs trips. The average cost per trip is then multiplied by the trip rate associated with each land use category to calculate maximum fees by land use category. These steps are described in more detail below. LOVR Subarea Development Projections and Trip Generation Development projections for the LOVR Subarea indicate new development of 1,047 residential units, 120 hotel rooms, and 145,188 square feet of non-residential uses. The Froom Ranch development includes a mixed-use continuing care retirement community, called Life Plan. Trips are measured and forecast in terms of “P.M. Peak” trips, which were provided by City staff based on trip generation data from the Institute of Transportation Engineers (ITE). As part of a separate agreement between the City and the Avila Ranch developer, new development that is part of the Avila Ranch project will pay development impact fees based on trip rate generation factors that account for internal trip capture given the location, type, and amount of development associated with the project. Trip rates and total trips projected for Avila Ranch are summarized in Table 9 of the Avila Ranch Traffic Study. Also of note, the Froom Ranch project includes a continuing care component called Life Plan. The Life Plan component includes a mix of features, including multifamily units, “beds” associated with an assisted living facility, a restaurant, and recreation facilities. The total trips for Froom Ranch’s Life Plan are estimated for the project overall rather than for the component land uses. As such, the Life Plan component will pay the “per trip” fee based on the total trips generated. Total trips in the LOVR Subarea are estimated to be 2,214.7, all of which are due to new development. Table 5 presents the trip rate estimates by land use category and total trips based on the growth forecasts. Packet Pg. 223 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 16 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 5 LOVR Subarea Trip Rates and Total Trip Projections Cost per Trip The cost allocation to new development in the LOVR Subarea divided by the total new trips generated by new development results in average cost per trip of approximately $2,157, as shown on Table 6. Development and Land Use Category Trip Rate (PM Peak)Total Trips Froom Ranch SFR 0 units MFR 130 units 0.670 87.1 Life Plan 136.4 Hotel 120 rooms 0.610 73.2 Retail 30,000 sq.ft.8.900 267.0 McBride Gearhart (Calle Joaquin) Retail 42,688 sq.ft.8.900 379.9 Avila Ranch SFR (R-1)101 units 1.048 105.8 MFR (R-2)300 units 0.492 147.5 MFR (R-3 and R-4)319 units 0.606 193.5 Retail 15,000 sq.ft.11.200 168.0 Pacific Beach High School Site SFR 38 units 1.000 38.0 Retail 57,500 sq.ft.8.900 511.8 LOVR Creekside (east of SLO Creek) SFR 0 units 1.000 0.0 MFR 159 units 0.670 106.5 Total 2,214.7 Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc. Amount of Development Packet Pg. 224 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 17 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 6 Average Cost per Trip Fees by Land Use Category Using the calculated cost per trip and the P.M. peak trips for each land use category, the maximum justifiable fees for the LOVR Subarea are calculated and presented in Table 7. The maximum fees are shown relative to the existing LOVR Subarea fees. Developers in the LOVR Subarea will be expected to pay the LOVR Subarea fee in addition to the Citywide transportation impact fee. Item Total Costs and Cost per Trip Calle Joaquin Relocation $2,625,265 Remaining Projects $2,152,204 Total to Be Funded by the LOVR Subarea Fee $4,777,469 Total New Trips Generated by New Development in LOVR Subarea 2,214.7 Cost per Trip $2,157 Sources: City of San Luis Obispo; and Economic & Planning Systems, Inc. Packet Pg. 225 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 18 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Table 7 Maximum Updated Transportation Impact Fees for LOVR Subarea Land Use Category Metric Current as of 7/1/2018 Proposed Update July 2019 % Change Residential Single Family Residential per unit $6,469 $2,157 -67% Multifamily Residential per unit $4,249 $1,445 -66% Non-Residential Retail per 1,000 sq.ft. $15,614 $19,199 23% Office/Services per 1,000 sq.ft. $3,063 Service Commercial per 1,000 sq.ft. $9,511 Business Park per 1,000 sq.ft. $8,197 Industrial per 1,000 sq.ft. $4,697 $1,704 -64% Institutional per 1,000 sq.ft. $1,726 Lodging per room $3,526 $1,316 -63% Other [1]per PM Trip $6,341 $2,157 -66% Avila Ranch Single Family Residential per unit $2,260 Multifamily Residential Condominium per unit $1,061 Apartment per unit $1,308 Retail per 1,000 sq.ft. $24,160 [1] The Life Plan component of the Froom Ranch project will pay on a per trip basis. Sources: City of San Luis Obispo; Avila Ranch Traffic Study; Economic & Planning Systems, Inc. Current and Proposed LOVR Subarea Fee Packet Pg. 226 Item 11 Economic & Planning Systems, Inc. 19 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx 4. IMPLEMENTATION AND ADMINISTRATION The updated LOVR Subarea fee program nexus study and corresponding fee schedule will need to be adopted by City Resolution as enabled by the City’s Fee Ordinance. The existing Ordinance allows the City Council to adopt, by Resolution, a fee schedule consistent with supporting technical analysis and findings provided in this Report. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. It is anticipated that the City will update the existing LOVR Subarea Ordinance as part of this study process. This updated ordinance addresses the primary implementation and administrative issues and procedures associated with the LOVR Subarea fee. A brief summary of the key implementation and administrative elements is provided below. Fee Collection and Amount Applicable Land Uses All new development that occurs within the LOVR Subarea, unless specifically exempted by the enabling ordinance, shall pay the LOVR Subarea fee. While the maximum fee amount will be determined by the Mitigation Fee Act Study, the City may elect to charge less for a variety of reasons and under certain circumstances, as described in the Ordinance. In any case, the applicable fees will be published in a Fee Schedule made available by the City and updated periodically. The amount will vary by land use, as shown in Table 1. It is possible that certain projects may not fit neatly into the categories defined in Table 3. In cases were such ambiguity exists, the City Community Development Director will need to make a determination as to the applicable fees. The Fee Ordinance articulates guidelines for resolving discrepancies and/or disputes. Fee Escalation The City Fee Ordinance allows for an automatic adjustment of the fee to keep pace with inflationary increases in construction costs. This allows the fee level to keep pace with inflation without requiring an annual approval process. This adjustment is based on the Construction Cost Index (CCI) published by the Engineering News Record (ENR), a source widely used in the construction industry, and by many jurisdictions as a basis for making annual inflation adjustments to their development impact fees. ENR’s CCI has been published consistently every month since 1967. As such ENR is one of the most reliable and consistent indices that track trends in construction costs. Timing and Manner of Payment The Ordinance addresses issues related to the timing and manner of payment for the fee including the potential for fee deferrals, payment plans, credits and reimbursements, exemptions, and related adjustments. Packet Pg. 227 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 20 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Annual Review, Accounting, and Updates Annual review This Report and the technical information it contains should be maintained and reviewed periodically by the City as necessary to ensure impact fee accuracy and to enable the adequate programming of funding sources. To the extent that improvement requirements, costs, or development potential changes over time, the fee program will need to be updated. Specifically, AB 1600 (at Gov. Code §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following: • A description of the type of fee in the account • The amount of the fee • The beginning and ending balance of the fund • The amount of fees collected and interest earned • Identification of the improvements constructed • The total cost of the improvements constructed • The fees expended to construct the improvement • The percent of total costs funded by the fee If sufficient fees have been collected to fund the construction of an improvement, the agency must specify the approximate date for construction of that improvement. Because of the dynamic nature of growth and infrastructure requirements, the City should monitor development activity, the need for infrastructure improvements, and the adequacy of the fee revenues and other available funding. Formal annual review of the fee program should occur, at which time adjustments should be made. Costs associated with this monitoring and updating effort are included in the impact fee by way of the administrative charge. Surplus Funds AB 1600 also requires that if any portion of a fee remains unexpended or uncommitted in an account for five years or more after deposit of the fee, the City Council shall make findings once each year: (1) to identify the purpose to which the fee is to be put, (2) to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, (3) to identify all sources and amounts of funding anticipated to complete financing of incomplete improvements, and (4) to designate the approximate dates on which the funding identified in (3) is expected to be deposited into the appropriate fund. If adequate funding has been collected for a certain improvement, an approximate date must be specified as to when construction on the improvement will begin. If the findings show no need for the unspent funds, or if the conditions discussed above are not met, and the administrative costs of the refund do not exceed the refund itself, the local agency that has collected the funds must refund them. Internal Loaning of Funds Loans between the Capital Facilities Fee Funds may be used from time to time to facilitate the construction of CFF facilities and assure adequate cash flow. Any such loan shall be made in accordance with applicable law, as interpreted by the City Attorney of the City of San Luis Packet Pg. 228 Item 11 LOVR Subarea Transportation Impact Fee Nexus Study Administrative Draft Report 06/06/19 Economic & Planning Systems, Inc. 21 Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Report\191011_Admin Draft Report_SLO LOVR Subarea Transportation Fee_Nexus Study_2019_06_06.docx Obispo, and all funds shall be placed in separate accounts on either a facility or geographic basis. The additional following requirements are also placed on loans between impact fee funds: 1. Funds may be transferred between accounts to expedite the construction of critical projects/facilities. 2. A mechanism to repay accounts shall be established. 3. Interest charged on each loan shall be based upon the Local Agency Investment Fund rate in effect at the time of the loan and shall be deposited into the account providing the loan. 4. Inter-fund loan repayments shall take precedence over reimbursements to developers. Five-Year Update Fees will be collected from new development within the LOVR Subarea as soon as the fee program is adopted; however, use of these funds may need to wait until a sufficient fund balance can be accrued. Per Government Code Section 66006, the City is required to deposit, invest, account for, and expend the fees in a prescribed manner. The fifth fiscal year following the first deposit into the Fee account or fund, and every five years thereafter, the City is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended: • Identify the purpose for which the fee is to be put; • Demonstrate a reasonable relationship between the fee and the purpose for which it is charged; • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and • Designate the approximate dates on that the funding referred to in the above paragraph is expected to be deposited in the appropriate account or fund. Once sufficient funds have been collected to complete the specified projects, the City must commence construction within 180 days. If they fail to do this, the City is required to refund the unexpended portion of the fee and any accrued interest to the then current owner. Packet Pg. 229 Item 11 APPENDIX A: LOVR Subarea Transportation Impact Fee Improvement and Cost List Packet Pg. 230 Item 11 Appendix A Table 1US 101/Los Osos Valley Road Interchange Project List and Costs LOVR Subarea Transportation Impact Fee Update; EPS #191011Ref. ItemGross Total CostLOVR Subarea Allocation Net Total CostFunding to be Identified Identified FundingCounty of SLO SLOCOG RTIPCitywide TIF (Paid)TIF Debt Issuance (Bond) General FundDeveloper ContributionsCity Of San Luis LOVR Subarea Fee (Paid)SLO LOVR Subarea CreditLOVR Subarea Remaining To Be Paid (Costco) LOVR Subarea Fee Citywide TIFPhase 1: Calle Joaquin RelocationT1Hanson Right-of-Way$112,0531100.0% $112,053$0$112,053$112,053T2Hanson Driveways Paid by City$50,0002100.0% $50,000$0$50,000$50,000T3Hanson Outstanding Legal Costs$800,0003100.0% $800,000$0$800,000$800,000T3aCostco Fair-Share Adjustment (25.3%)($243,515)100.0% ($243,515)$0 ($243,515)($243,515)T4Madonna Right-of-Way$342,613100.0% $342,613$0$342,613$166,000 $176,613T5Total Costco Calle Joaquin Relocation Construction Cost$6,641,110100.0% $6,641,110$0 $6,641,110$3,911,841 $1,681,000$1,048,269T5aCosts in Calle Joaquin Agreement Paid Directly by City($12,917)100.0% ($12,917)$0($12,917)($12,917)T6Annual CPI Adjustment Costco$921,375100.0% $921,375$0$921,375$921,375Subtotal Phase 1 Costs$8,610,719$8,610,719$0 $8,610,719$0$0$0$0$0$0 $4,127,841 $1,857,613$2,625,265$0$0Phase 2: Madonna LOVR Sidewalk ExtensionT7Construction, Et Al. $234,000100.0% $234,000$0$234,000$234,000Subtotal Phase 2 Costs$234,000$234,000$0$234,000$0$0$0$0$0$0$0 $234,000$0$0$0Phase 3: Full Interchange PreconstructionT8PSR-PDS$189,000 100.0% $189,000 $0 $189,000 $30,000 $100,000 $59,000T9Caltran PA/ED - Phase I $143,000 100.0% $143,000 $0 $143,000 $111,000$32,000T10Caltran PA/ED - Phase II, Value Analysis, Misc. $851,300 100.0% $851,300$0$851,300$265,600$585,700T11PS&E, Permits$2,735,676100.0% $2,735,676$0 $2,735,676$2,601,120$75,000$59,556T12Legal - Los Verdes$26,240100.0% $26,240$0$26,240$26,240T13Right of Way$90,865100.0% $90,865$0$90,865$90,865Subtotal Preconstruction$4,036,081$4,036,081$0 $4,036,081 $30,000 $100,000 $3,153,825$0 $75,000 $617,700 $59,556$0$0$0$0ConstructionT15Project 99821 Construction Charges $18,276,550 100.0% $18,276,550 $0 $18,276,550$15,574,055$2,702,495T16PM Services (Charged to Project)$830,290100.0% $830,290$0$830,290$0 $830,290T17Construction Management/Inspection/Permits$2,825,867100.0% $2,825,867$0 $2,825,867$819,418 $2,006,449T18Misc Work (Project Management)$5,057100.0%$5,057$0$5,057$5,057T19RE Support Services (Dokken)$238,852100.0% $238,852$0$238,852$0$238,852Subtotal Construction$22,176,616$22,176,616$0 $22,176,616$0 $15,574,055 $824,475 $5,778,086$0$0$0$0$0$0$0Subtotal Phase 3 Costs$26,212,697$26,212,697$0 $26,212,697 $30,000 $15,674,055 $3,978,300 $5,778,086 $75,000 $617,700 $59,556$0$0$0$0FinancingT20Bond, Amount Principal$6,813,8824100.0% $6,813,882$0 $6,813,882$6,813,882Bond, Amount Interest$4,502,661100.0% $4,502,661$0 $4,502,661$4,502,661Bond, Cost of Insurance Fund$213,398100.0% $213,398$0$213,398$213,398Bond, Underwriter $106,892100.0% $106,892$0$106,892$106,892Subtotal Financing Costs$11,636,833$11,636,833$0 $11,636,833$0$0$0$0$0$0$0$0$0$0 $11,636,833Total LOVR Interchange Costs To Date$46,694,249$46,694,249$0 $46,694,249 $30,000 $15,674,055 $3,978,300 $5,778,086 $75,000 $617,700 $4,187,397 $2,091,613$2,625,265$0 $11,636,833Remaining ProjectsR1Interchange Landscaping Project$550,000100.0% $550,000$0$550,000$550,000R2Environmental Mitigation$250,0005100.0% $250,000$0$250,000$250,000R3Los Verdes Interchange Settlement$105,0006100.0% $105,000$0$105,000$105,000R4Mitigation Auto Park Way/LOVR$225,000100.0% $225,000$0$225,000$225,000R5South Bound On-Ramp Metering$1,750,0007100.0% $1,750,000$0 $1,750,000$1,750,000R6Calle Joaquin Park and Ride Lot$308,000NA$308,000$0$308,000$235,796$72,204Subtotal Remaining Projects$3,188,000$3,188,000$0 $3,188,000$0$0$0 $1,035,796$0$0$0$0$0 $2,152,204$0Total Transportation Improvements$49,882,249$49,882,249$0 $49,882,249 $30,000 $15,674,055 $3,978,300 $6,813,882 $75,000 $617,700 $4,187,397 $2,091,613$2,625,265 $2,152,204 $11,636,8331See court settlement decision. Includes additional $34,409 paid directly by the City but does not include legal expenses. 2Still to be built and reimbursed.3Costco estimate of Hanson attorney fees is $631,523 through August 2009. Amount is increased to $800,000 to account for fees incurred to date. This is the best available estimate as of April 2019.4Reflects principal amount of $7,503,682.05 less $689,800 that was transferred to the General Fund for LOVR paving. Use of bond proceeds is shown in "TIF Debt Issuance (Bond)" column. Improvement R6, the Calle Joaquin Park and Ride Lot, is partially funded through bond proceeds with the remainder to be funded through the updated LOVR Subarea Fee Program. 5Adjusted to $250,000 based on discussions with F. Otte. This is the best available estimate as of April 2019.6Initial studies are complete and do not indicate required mitigation; however the direction from the City is to maintain this line item at $105,000 until further resolution. This is the best available estimate as of April 2019.7Improvements to be constructed by Avila Ranch; cost estimate provided by Avila Ranch. Sources: City of San Luis Obispo; Goodwin Consulting Group, Inc. (2009); The Wallace Group; Watson Planning Consultants.Already FundedTo Be FundedEconomic & Planning Systems, Inc. 6/6/2019Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Data and Model\191011_LOVR Subarea Fee Update_2019June06.xlsxPacket Pg. 231Item 11 APPENDIX B: Trip Generation Rate Source and Comparison Packet Pg. 232 Item 11 Appendix B Table 1Trip Rate Sources and EquivalenciesLOVR Subarea Transportation Impact Fee Update; EPS #191011Source and MethodologyNotesITE Trip Generation ManuelADT, "Driveway" Rates9.440 per unit7.320 per unit9.740 per 1,000 sq.ft. 37.750 per 1,000 sq.ft. 3.930 per 1,000 sq.ft. 6.950 per 1,000 sq.ft. 8.360 per roomPM Peak, "Driveway" Rates1.000 per unit0.670 per unit1.420 per 1,000 sq.ft.8.900per 1,000 sq.ft. 0.790 per 1,000 sq.ft. 0.800 per 1,000 sq.ft. 0.610 per roomCity Transportation ModelADT, "All Legs" RatesUsed in 2018 Citywide Fee Update 16.240 per unit12.620 per unit18.450 per 1,000 sq.ft. 56.920 per 1,000 sq.ft. 11.330 per 1,000 sq.ft. 18.450 per 1,000 sq.ft. 16.380 per roomADT, "Driveway" RatesCalculated as total Daily Trips per unit 10.457 per unit 5.564 per unit6.458 per unit131.933 per 1,000 sq.ft.PM Peak, "Driveway" RatesCalculated as total PM Trips per unit 1.048 per unit 0.492 per unit0.606 per unit11.200 per 1,000 sq.ft.Froom Ranch Traffic StudyLife Plan (Froom), PM Peak, "Driveway" Rates136.400 total tripsLOVR Subarea 2019 UpdatePM Peak, "Driveway" RatesConsistent with ITE rates1.000 per unit0.670 per unit1.420 per 1,000 sq.ft. 8.900 per 1,000 sq.ft. 0.790 per 1,000 sq.ft. 0.800 per 1,000 sq.ft. 0.610 per roomSources: City of San Luis Obispo; Avila Ranch Traffic Study. Avila Ranch Traffic StudyNonresidentialSingle FamilyITE Code: 210MultifamilyITE Code: 220Office/ServiceITE Code: 710RetailITE Code: 820IndustrialITE Code: 140InstitutionalITE Code: 560LodgingITE Code: 310Medium DensityHigh DensityLarger MF, R-2(305 Condos)Smaller MF, R-3 and R-4(310 Apts.)ResidentialEconomic & Planning Systems, Inc. 6/6/2019Y:\Projects\Oakland\191000s\191011_SLO LOVR Transportation Fee Update\Data and Model\191011_LOVR Subarea Fee Update_2019June06.xlsxPacket Pg. 233Item 11 RESOLUTION NO. _____ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CITYWIDE TRANSPORTATION IMPACT FEE PROGRAM WHEREAS, existing local, state and federal resources are insufficient to meet the City of San Luis Obispo’s needs for transportation improvements; and WHEREAS, new development generally increases the demand for transportation improvements and affect the quality of the community’s infrastructure; and WHEREAS, the public interest, convenience, health, safety and/or welfare require that transportation improvements be provided for the maintenance and enhancement of the quality of life of the City’s residents; and WHEREAS, the City of San Luis Obispo has a critical need to ensure that impacts from new development on the City’s transportation network are addressed, and development impact fees are a commonly used mechanism to address this need; and WHEREAS, Article XI, Section 5 of the California Constitution provides that the City, as a home rule charter city, has the power to make and enforce all ordinances and regulations in respect to municipal affairs, and Article XI, Section 7, empowers the City to enact measures that protect the health, safety, and/or welfare of its residents; and WHEREAS, Section 203 of the San Luis Obispo City Charter provides that the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs; and WHEREAS, the Mitigation Fee Act (AB 1600), codified in California Government Code Sections 66000-66025, establishes the legal requirements for a jurisdiction to implement a development impact fee program in conformance with constitutional standards; and WHEREAS, many cities and counties have adopted and imposed capital improvement impact fees on new development to ensure that impacts from new development are addressed; and WHEREAS, in April 2018, the City Council adopted the Citywide Capital Facilities Fee program; and WHEREAS, since adoption of the Citywide Capital Facilities Fee program more accurate cost assumptions are now known for projects #4, #9, #7, & #13. WHEREAS, since adoption more accurate land use assumptions are now known for the proposed Froom Ranch Specific Plan. Packet Pg. 234 Item 11 WHEREAS, an analysis of the updated Citywide Transportation Impact fee based on updated land use and costs assumptions is provided in the Citywide Transportation Impact Fee Program Nexus Study, and which includes cost information for the identified transportation projects, is included in the attached Exhibits A and incorporated herein by this reference. WHEREAS, by this Resolution, the City Council intends on establishing the fee levels. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings a) The purpose of development impact fees is to protect the public health, safety, and general welfare by providing adequate transportation, park and recreation, fire, police, and general government facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City’s capital facilities and improvements. b) The development impact fees collected pursuant to this Resolution shall be used only to pay for facilities and improvements identified in the Citywide Transportation Impact Fee Update Nexus Study and shall not be in lieu of any other fee or tax as may be required by the Municipal Code. c) There is a reasonable relationship between the types of development on which the development impact fees are imposed and the use of the development impact fees and the need for the facilities and improvements. All new development requires adequate transportation infrastructure to protect the public health and safety. d) As required by Government Code Section 66001 et seq., there is a reasonable relationship between the amount of the development impact fee and the cost of the improvements attributable to the developments on which the development impact fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for as shown in the Citywide Transportation Impact Fee Update Nexus Study, for the City of San Luis Obispo, dated June 18th, 2019, prepared by Economic & Planning Systems, Inc., the findings and analysis of which are hereby incorporated by reference, have been allocated to new development in a proportional manner based on trip generation rates. SECTION 2. Cost Estimates. At any time that the actual or estimated costs of facilities identified in the development impact fee analysis changes, the Finance Director shall review the development impact fee and determine whether the change affects the amount of the development impact fees. If the development impact fees are significantly affected, the Finance Director shall, within thirty (30) days, recommend to the Council that an updated impact fee nexus study be prepared. SECTION 3. Amount of Development Impact Fees. Effective July 1, 2019, development impact fees for capital improvement infrastructure associated with transportation, shall be in the amounts set forth in Exhibits A and B attached hereto. Unless otherwise acted upon by the Council, Packet Pg. 235 Item 11 the amount of the development impact fees will automatically be adjusted on July 1 of each subsequent year by the Municipal Cost Index for the prior year. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2019. ____________________________________ 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, this ______ day of ______________, 2019. ____________________________________ Teresa Purrington City Clerk Packet Pg. 236 Item 11 EXHIBIT A CAPITAL FACILITIES DEVELOPMENT IMPACT FEES Effective July 1, 2019 July Packet Pg. 237 Item 11 Citywide Transportation Impact Fee Update Nexus Study Prepared for: City of San Luis Obispo Prepared by: Economic & Planning Systems, Inc. June 19, 2019 EPS #191053 Packet Pg. 238 Item 11 Table of Contents 1. INTRODUCTION AND OVERVIEW ................................................................................. 1 Background .............................................................................................................. 1 Legal Context ........................................................................................................... 1 Summary of Maximum Fees ....................................................................................... 2 Fee Program Implementation ..................................................................................... 5 Organization of Report ............................................................................................... 5 2. LAND USE AND DEVELOPMENT CAPACITY FORECASTS ........................................................ 6 Land Use Categories and Growth Assumptions .............................................................. 7 Changes in Growth Forecasts/Development Capacity ..................................................... 7 3. TRANSPORTATION IMPACT FEE .................................................................................. 9 Mitigation Fee Act Nexus Findings ............................................................................... 9 Geography of Transportation Fee Program ................................................................. 10 Transportation Improvements and Cost Estimates ...................................................... 11 Fee Calculation ....................................................................................................... 13 4. IMPLEMENTATION AND ADMINISTRATION OF CFF ........................................................... 19 Fee Collection and Amount ....................................................................................... 19 Annual Review, Accounting, and Updates ................................................................... 20 Securing Supplemental Funding ................................................................................ 21 Appendices APPENDIX A: Transportation Impact Fee Improvement List and Cost Allocation Packet Pg. 239 Item 11 List of Tables Table 1 Maximum Updated Transportation Impact Fee Program Schedule ............................ 4 Table 2 Existing, Growth, and Buildout Trip Generation ..................................................... 6 Table 3 2018 Trip Generation Compared with 2019 Trip Generation .................................... 7 Table 4 Land Use Category Descriptions .......................................................................... 8 Table 5 Summary of Types of Transportation Improvements and Costs ............................. 12 Table 6 Summary of Cost Allocations ............................................................................ 13 Table 7 Existing, Growth, and Buildout Trip Generation ................................................... 15 Table 8 Average Cost per Trip ...................................................................................... 15 Table 9 Trip Generation Rates and Components of Maximum Fee Calculations.................... 17 Table 10 Summary of Maximum Citywide Transportation Fees ........................................... 18 List of Figures Figure 1 Revised Geographic Areas of Updated Transportation Fee Program ........................ 10 Packet Pg. 240 Item 11 Economic & Planning Systems, Inc. 1 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx 1. INTRODUCTION AND OVERVIEW This Citywide Transportation Impact Fee Update nexus study (Study) provides the City of San Luis Obispo with the necessary technical documentation to support the potential adoption of updated transportation impact fees. Consistent with City policy, the updated transportation fee program will help ensure that new development contributes its fair share to needed infrastructure and public facilities, helping to sustain the City’s quality of life and economic vitality as growth occurs. Background In 2018, the City adopted a comprehensive development impact fee program, including updated transportation and parks fees and new public safety fees. The Citywide fee program was a key implementation action of the 2014 Land Use and Circulation Element General Plan Update and was guided by General Plan Policy 1.13.9, which requires that new development pays its proportionate share of infrastructure costs. Since the Citywide transportation fee program was adopted in 2018, the scope and cost estimates of certain of the transportation improvements needed to serve new development are more defined, and the planned development in the Los Osos Valley Road (LOVR) Subarea is more refined, which affects the Citywide growth projections. This fee update is intended to realign anticipated development and the required transportation improvements. At the same time, the update will provide certainty to developers about the rules and financial obligations they will face, as well as the reimbursement obligations of the City, while ensuring that adequate infrastructure will be available to support growth and enhance competitiveness. To the extent final fee levels will vary from the maximum, justifiable levels established by this Study, the City Council will make this determination, based on a range of policy considerations. In 2018, the City Council approved a fee structure that allows residential units to be charged on a per square foot basis, and approved fee discounts for office service (discount of 15 percent), retail (discount of 60 percent), industrial (discount of 15 percent), and lodging (discount of 60 percent). This Study has been prepared by Economic & Planning Systems, Inc. (EPS) under the management of the Public Works Department. Legal Context Consistent with General Plan policy, this Study provides the necessary technical analysis to support an updated schedule of transportation development impact fees up to the calculated justifiable maximum. The City currently has an impact fee ordinance that enables the collection of fees for capital facilities, pursuant to the Mitigation Fee Act and Government Code Section 66000 et seq. The Mitigation Fee Act sets forth the procedural requirements for establishing and collecting development impact fees. These procedures require that "a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition." The updated transportation fees described in this Study are consistent with the requirements of the Packet Pg. 241 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 2 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Mitigation Fee Act (Government Code Section 66000 et seq.) and the most recent relevant case law. The key requirements of the Mitigation Fee Act that determine the structure, scope and amount of the potential CFF Program are as follows: • Collected for Capital Facility and Infrastructure Improvements Only. Development impact fee revenue can be collected and used to cover the cost of capital facilities and infrastructure that are required to serve new development in the City. Impact fee revenue cannot be used to cover the operation and maintenance costs of these or any other facilities and infrastructure. • Used to Fund Facility Needs Created by New Development Rather than Existing Deficiencies. Impact fee revenues can only be used to pay for new or expanded capital facilities needed to accommodate growth. Impact fee revenue cannot be collected or used to cover the cost of existing deficiencies in the City’s capital facilities or infrastructure. In other words, the cost of capital projects or facilities that are designed to meet the needs of the City’s existing population must be funded through other sources. The costs associated with improvements that serve the needs of both new development and the existing population and employment are split on a “fair share” basis according to the proportion attributable to each. Thus, the CFF Program funding will need to be augmented by the City and other revenue sources to meet overall funding requirements. • Fee Amount Must Be Based on A Rational Nexus. The amount of an impact fee must be based on a reasonable nexus, or connection, between new development and the needs and corresponding costs of the capital facilities and improvements need to accommodate it. As such, an impact fee must be supported by specific findings that explain or demonstrate this nexus or relationship. In addition, the impact fee amount must be structured such that the revenue generated does not exceed the cost of providing the facility or improvement for which the fee is imposed. Summary of Maximum Fees Based on the transportation improvements needed to serve future development in the City of San Luis Obispo, the associated portion of costs that can be allocated to new development, and the proportionate allocation between different land uses, Table 1 presents the maximum fees that can charged to new development to fund transportation improvements, depending on where in the City the new development occurs. The provisions of the Mitigation Fee Act allow jurisdictions to include the costs of administering the impact fee program in the maximum fee. Administration requirements include collecting and allocating impact fee revenue, record keeping and reporting of fund activity, and periodic updates to the fee program. This analysis assumes that administrative costs will equal 1.75 percent of the total fee program cost.1 1 The administrative add-on to the maximum development impact fees varies among California jurisdictions. Where included, the addition is typically between 1.0 and 3.0 percent. This CFF Program applies a 1.75 percent factor, in the middle of the range, and below the City’s 2.65 percent building and planning cost for services fee. Packet Pg. 242 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 3 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx The transportation impact fee revenues generated by the maximum fee schedule would cover new developments’ share of the infrastructure and improvement needs associated with new development and not funded by direct developer contributions. The derivation of the maximum fees is provided in the subsequent chapters, though a brief summary of the planned use of fee revenues is provided below. As discussed in a subsequent section, to the extent fees are adopted at below their maximum levels, the requirement for funding from other sources would increase. The updated transportation fee program would fund needed additions and improvements to roadways to accommodate future trip generation projected as a result of new development. Improvements include new interchange improvements, new intersections and signalizations, new roadways and roadway improvements, new bicycle and pedestrian improvements, and multimodal facilities, among others. Under the maximum fee schedule, about $137.7 million in 2019 dollars would be generated for transportation improvement investments through buildout of the General Plan. Packet Pg. 243 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 4 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 1 Maximum Updated Transportation Impact Fee Program Schedule Land Use Citywide (1) Los Osos Valley Road Subarea (2) San Luis Ranch Subarea (3) Step A + Step B + Step C Step A + Step B Step A + Step C Residential Single Family (per Unit)$10,363 $9,395 $8,051 Multifamily (per Unit)$8,051 $7,299 $6,255 Non-Residential Office/Service (per Sq.Ft.)$11.77 $10.67 $9.15 Retail (per Sq.Ft.)$36.32 $32.93 $28.22 Industrial (per Sq.Ft.)$7.23 $6.55 $5.62 Institutional (per Sq.Ft.) $11.77 $10.67 $9.15 Lodging (per Room) $10,452 $9,476 $8,121 Sources: City of San Luis Obispo; Economic & Planning Systems, Inc. (1) Schedule of maximum fees to be paid by new development outside of the San Luis Ranch project area and the Los Osos Valley Road subarea. (2) Schedule of maximum fees to be paid by new development in the Los Osos Valley Road subarea. In addition, development in this subarea will pay the LOVR subarea fee as well. (3) Schedule of maximum fees to be paid by the San Luis Ranch development. In addition, San Luis Ranch development also pays a direct contribution toward the Prado Road Interchange costs. Packet Pg. 244 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 5 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Fee Program Implementation Fee Schedule Determination This Study provides the City of San Luis Obispo with the necessary technical documentation to support the adoption of updated Citywide transportation impact fees at the maximum levels shown. The City Council can choose to adopt fees below these maximum levels. The adoption of fees below the maximum level requires the City to “backfill” with additional funding from other sources. This is in addition to the funding required from other funding sources that will be required to fund the portions of the capital improvement costs that cannot be allocated to new development. There are several economic and policy reasons why a City might choose to adopt fees below the maximum level.2 One common reason relates to concerns over development feasibility, where substantial increases in development impact fees are expected to substantially reduce the feasibility of new development and/or create substantial disincentives to the types of development that City policy is explicitly seeking to encourage. The City’s current fee program includes such policy discounts—specifically a 60 percent discount in the retail and lodging transportation impact fees, and a 15 percent discount in the office/service and industrial transportation impact fees. Fee Adoption and Implementation The existing Ordinance enables the fee program and periodic updates and addresses the primary implementation and administrative issues and procedures associated with the Citywide fee program. Then once selected, the preferred Citywide transportation impact fee schedule will be adopted by Resolution. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. A list of the key implementation and administrative elements as required by Mitigation Fee Act are addressed in Chapter 4. Organization of Report This Report is divided into four chapters, the first of which is this Introduction and Overview. Chapter 2 provides a summary of the land use and development capacity forecasts. Chapter 3 describes the transportation improvements, costs of those improvements and the cost allocation. This chapter also provides the required nexus findings. Key implementation and administrative elements as required by Mitigation Fee Act are addressed in Chapter 4. 2 When there is concern about fee levels, the first step is to consider the capital improvements lists that drive the maximum fee levels, where applicable, and ensure all improvements are necessary. Once the City staff determined that all improvements were required, policy-based discounts are considered, recognizing the need to “backfill” funding. Packet Pg. 245 Item 11 Economic & Planning Systems, Inc. 6 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx 2. LAND USE AND DEVELOPMENT CAPACITY FORECASTS The development impact fee calculations for transportation facilities are driven by future development forecasts that are tied to the City’s development capacity. Development capacity is used for the transportation impact fee for consistency purposes, as this is the growth forecast incorporated into the City’s transportation model which is a key determinant of other components of the transportation impact fee calculation. The development capacity is based on the overall amount of development that could occur through buildout of the current General Plan, updated to reflect major development projects for which the proposed development programs are now more certain (e.g., Avila Ranch, Froom Ranch, San Luis Ranch). For example, since the 2018 update, the Froom Ranch development program (located in the Los Osos Valley Road Subarea) changed considerably. In the 2018 update, Froom Ranch was anticipated to include 350 multifamily units and 350,000 square feet of retail. Since then, the Froom Ranch Specific Plan was defined to include 130 multifamily units, 30,000 square feet of retail, a 120-room hotel, and a continuing care facility. The revised development program generates approximately 10,000 fewer vehicle trips than anticipated in 2018. Reduced development planned in the LOVR Subarea (where Froom Ranch is located) means reduced development Citywide. City Public Works/Transportation staff provided the existing development, the capacity buildout development, and associated level of future development capacity included in the City’s transportation model. As shown in Table 2, there is substantial capacity for new residential and commercial capacity in the City. Table 2 Existing, Growth, and Buildout Trip Generation Table 3 shows the change in trip generation growth between the 2018 update and this current update. The decrease of nearly 10,000 trips occurs in the LOVR Subarea and is primarily attributable to changes in the Froom Ranch development program relative to the area’s development capacity. Land Use Existing Growth Residential 287,078 78,724 365,802 Non-Residential 422,921 141,491 564,412 Other [1]0 3,146 3,146 Total Trips 709,999 223,361 933,360 % of Total Buildout Trips 76.07% 23.93% 100.00% Sources: City of San Luis Obispo and Economic & Planning Systems, Inc. Buildout [1] Includes Froom Ranch's Life Plan, a continuing care facilitiy, which is expected to include a mix of residential and commercial uses. Packet Pg. 246 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 7 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 3 2018 Trip Generation Compared with 2019 Trip Generation Land Use Categories and Growth Assumptions Consistent with the Citywide fee program, the land use categories are as follows: • Residential — Single family — Multifamily • Non-Residential — Office/Service — Retail — Industrial — Institutional — Lodging For the transportation fee, the “office” and “service” categories are combined due to the similarity of uses. Table 4 provides the definitions of the different land uses associated with the City’s development capacity estimates. These are the same definitions applied to the other development impact fees, except where specifically noted. Changes in Growth Forecasts/Development Capacity Just as this current update is acknowledging changes to the City’s growth forecasts, over time, it may become apparent that the development capacity estimates require further refinement. Business and real estate market cycles, growth management policies, and changes in land use designations could all affect the expected/potential level of growth and development. Consistent with other development impact fee programs, these changes are captured in the periodic updates to Citywide transportation impact fee program that support a re-calibration of fee program assumptions as conditions change over time. Land Use LOVR SLR Rest of City Total Growth LOVR SLR Rest of City Total Growth Residential 20,436 8,292 59,928 88,656 10,504 8,292 59,928 78,724 Non-Residential 17,206 13,658 113,467 144,332 14,366 13,658 113,467 141,491 Other, Life Plan (Froom Ranch) [1]3,146 3,146 Total Trips 37,643 21,951 173,395 232,988 28,015 21,951 173,395 223,361 % of Total Growth 16.2% 9.4% 74.4% 100.0%12.5% 9.8% 77.6% 100.0% Sources: City of San Luis Obispo and Economic & Planning Systems, Inc. [1] The Froom Ranch Specific Plan includes a continuing care facility called Life Plan. Life Plan Community is expected to include 398 units, 72 beds, restaurant, and recreation facilities. Trip Generation Growth (2018 Update)Trip Generation Growth (2019 Update) Packet Pg. 247 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 8 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 4 Land Use Category Descriptions Land Use Category Description and Examples [1] Single Family Single family detached dwelling units, single family attached dwelling units including Townhome-style units. A single Accessory Dwelling Unit (ADU) is allowed as part of the construction of a single family home and is not charged separate impact fees. Multifamily Multifamily attached dwelling units and mobile homes. Office Uses include professional services, financial institutions, administration-type uses, including administration of private-sector utilities, and certain types of services, such as tax return preparation, advertising agencies, photography studios, pest control, building maintenance, employment agencies, security and computer-related services. Services Uses include offices and clinics of medical and health practitioners, religious organizations, membership organizations, certain transportation uses, beauty/barber shops, funeral services, and repair shops. Retail Uses include regional- and neighborhood-serving retail establishments, including retail as part of mixed-use developments. Specific uses include restaurants, gas stations and auto care, movie theaters, fitness facilities, warehouse stores, department stores, grocery stores, and amusement and recreation services. Industrial Uses include construction, manufacturing, and transportation uses, as well as warehousing and storage. Ancillary office space included as part of industrial development is included. Institutional Uses include City, County, and State offices and facilities, health care facilities such as Mental Health and Public Health services, Social services such as County Social Services, CA Employment Development and Rehabilitation, Homeless shelters, and cultural and public recreation facilities. Lodging Uses include resorts, hotels, motels, and bed and breakfast inns. Sources: City of San Luis Obispo Parcel Data SIC Correspondence; Economic & Planning Systems, Inc. [1] This table provides a summary only. For more specific direction, refer to the City of San Luis Obispo Parcel Data SIC Correspondence table. Packet Pg. 248 Item 11 Economic & Planning Systems, Inc. 9 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx 3. TRANSPORTATION IMPACT FEE This chapter establishes the maximum transportation impact fees under the Mitigation Fee Act that could be required of new development in the City of San Luis Obispo. These fees would represent an update to the existing (2018) transportation impact fee program in the City. The fees will apply to all new development in the City unless project-specific terms or agreements may apply. The updated transportation impact fees are intended to address new scope and cost information related to certain of the transportation improvements that are needed to accommodate new development in the City of San Luis Obispo. The required improvements include multimodal projects such as regional interchanges, intersection improvements, street widening and extension projects, pedestrian and bicycle improvements, and transit improvements. As noted previously, it is the City’s policy to ensure that new development pays for its fair share of the cost of transportation improvements, and the transportation impact fee program is one of the City’s key strategies for doing so. Mitigation Fee Act Nexus Findings Nexus findings are provided below addressing 1) the purpose of the fee, 2) the specific use of fee revenue, 3) the relationship between the facility and the type of development, 4) the relationship between the need for the facility and the type of development, and 5) the relationship between the amount of the fee and the proportionality of cost specifically attributable to development. The technical information and calculations provided below support these nexus findings/requirements. Purpose The revenue collected from the transportation fee program will help maintain adequate levels of transportation service in the City of San Luis Obispo by mitigating the impact that new development will have on the City’s transportation system. Use of Fee Fee revenue will be used to help fund City transportation improvements or the City’s share of regional improvements, including regional interchanges, intersection improvements, street widening and extension projects, pedestrian and bicycle improvements, and transit improvements, as well as the reimbursement of upfront investments from other City funds for transportation improvements required to serve future growth. A detailed project list is included in Appendix A of this Study. Relationship New residential and commercial development in the City of San Luis Obispo will increase the average number of daily trips in the City, thereby increasing demands for and travel on the City’s transportation network. Average daily trip data by land use category underscores the relationship between the type of new development and the needed transportation facilities. Packet Pg. 249 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 10 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Need Each new development project will add to the incremental need for transportation capacity and improvements in the City. The transportation improvements considered in this Study are considered necessary to meet the City's future transportation needs under General Plan buildout. Proportionality The maximum fee levels are tied to fair share cost allocations to new development in the City using the City’s transportation model or proportional growth forecasts as appropriate for each improvement item. Geography of Transportation Fee Program In 2018, the Citywide Transportation Impact Fee update created a citywide fee geography that subsumed the Airport Area Specific Plan and Margarita Area Specific Plan subarea transportation impact fee programs. The LOVR Subarea and the Orcutt Area Specific Plan Subarea remained in place, such that new development in either of those two areas pays the appropriate Citywide fee plus the applicable subarea fee. Figure 1 below presents the revised geographies associated with the updated transportation fee program. Figure 1 Revised Geographic Areas of Updated Transportation Fee Program Packet Pg. 250 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 11 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Transportation Improvements and Cost Estimates The improvements that are the basis for the transportation impact fee update are derived from the City’s existing citywide transportation impact fee program, which was adopted in 2018, and project scope and cost updates provided by City staff. Of the 45 improvements included in the current fee program, 4 have been updated as indicated below: Project #4: Orcutt & Tank Farm Intersection Improvements The project description is updated to include the design of the roundabout in addition to the installation. The project cost is updated from $1.7 million to $2.75 million to reflect the actual engineering cost estimates, which are now available. One hundred percent of this project cost is attributable to new development and is in the fee program. Project #7: Higuera & Tank Farm Intersection Improvements The project description is updated to include the design of the intersection improvements in addition to the installation. The project cost is updated to include design work of $300,000 (15 percent of the $2 million installation cost estimate). One hundred percent of this project cost is attributable to new development and is in the fee program. Project #9: Misc. Intersection Control Upgrades The project cost is increased by $750,000 to reflect actual engineering cost estimates. One hundred percent of this project cost is attributable to new development and is in the fee program. Project #13: Higuera Widening (Madonna Rd. to City Limits) The project description is updated to reflect an expanded scope to complete sidewalk gaps and add right-of-way and soft costs for Vachell to the City Limits, as well as right-of-way costs for the Bridge to Elks section. The project cost is increased by $720,000 from $5.4 million to $6.12 million. Consistent with the prior transportation modelling, 45 percent of these project costs are attributable to new development in the City and in the fee program. No other changes to the project list or costs are included in this update. Total Project Costs The infrastructure identified in this Study has been identified because the improvements are necessary to support buildout of the current General Plan, for consistency with General Plan policy, and/or because there are reimbursement commitments in place. Since 2018, the cost estimates associated with certain projects are more certain. Table 5 provides an updated summary of improvements and costs by broad category. Packet Pg. 251 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 12 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 5 Summary of Types of Transportation Improvements and Costs The detailed project improvement list is provided as Appendix A. The project list was prepared by City staff and reviewed to make sure the scope of the improvements is consistent with the amount of development that is expected under General Plan buildout. Full project cost estimates for each improvement are presented. For regional projects, cost estimates are prepared by CalTrans; in other cases, cost estimates are provided by developers who will have responsibility for building the improvements; and still, in other cases, cost estimates are provided by Wallace Group, a cost estimator consultant to the City. For those projects for which financing costs are included, those cost estimates were provided by the City’s engineering and cost consultant. All updated costs are provided in 2019 dollars. It is important to note that the capital improvement list represents a current list of transportation improvements for the purposes of the calculation of the development impact fee and broader financial planning. Over time, as part of the periodic, formal updates, it is possible that new projects may be added and current projects modified. Costs Included in Fee Program The full project costs associated with each improvement are not necessarily included in the transportation fee program. For example, for some project-specific improvements that are adjacent to new development, a portion of the construction cost will be borne by developers with property fronting or adjacent to the improvement in the form of development exactions. Aside from developer exactions, funding from other sources is also assumed for certain projects, including funding from SLOCOG and other grant sources, to the extent these sources are known at this time. Where other funding sources are available, that available funding is subtracted from the total project costs and only the balance of the project costs is included in the fee program. As presented in Table 6, the total cost for all transportation-related improvements is estimated to be $274.5 million, approximately 1 percent higher than total costs included in the 2018 update. Of the $274.5 million, the share of this cost that is included in the City’s CFF program is Improvement Category Cost Percentage Interchanges $57,660,377 21.0% Intersection $52,480,000 19.1% Street Widening $47,091,495 17.2% Street Extension $53,667,341 19.6% Pedestrian/ Bicycle $54,166,000 19.7% Transit $6,500,000 2.4% Other $2,900,000 1.1% Total $274,465,214 100.0% Sources: City of San Luis Obispo; Wallace Group; Cambridge Systematics; and Economic & Planning Systems, Inc. Packet Pg. 252 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 13 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx $219.4 million. For each improvement item, Appendix A provides detailed information of the costs allocated to the fee program (CFF Cost). Table 6 Summary of Cost Allocations Cost Allocation to New Development The allocation of costs between new and existing development and by land use is a critical component of the fee nexus analyses. All of the transportation improvements included in the CFF, listed in Appendix A and summarized in Table 5, will benefit new development in the City. While each of the improvements on the project list benefits new development in the City to some degree, in some cases an identified improvement may benefit new development in the larger region, such as an interchange improvement, and some improvements also may benefit existing development in the City or the region. To ensure that new development in the City is not paying on behalf of existing development in the City, future regional development, or to mitigate existing deficiencies in the transportation network, only the share of costs that is proportionally related to the benefit received by new development is included in the fee program. This detailed allocation, which varies by improvement, is shown in Appendix A. Fee Calculation The fee calculations are based on an average cost per trip that is the result of dividing the costs of the improvements that are attributable to new development by the number of average daily trips (ADT) that are generated by the projected new development. The average cost per trip is then multiplied by the ADT associated with each land use category to calculate maximum fees by land use category. These steps are described in more detail below. Geographic Area Adjustments Before calculating the fees, two geographic area adjustments are made. Due to the pre-existing Los Osos Valley Road subarea fee which was established in 2003 and is currently being updated, and due to a direct contribution that the San Luis Ranch development is making towards the Prado Road interchange, adjustments to the Citywide fee are made for these two areas to avoid over-charging for the same project costs. Item Amount Total Transportation Project Costs (Including Financing)$274,465,214 Direct Developer Contribution $31,265,720 Grants/Other Sources $23,800,000 Costs Included in Fee Program $219,399,494 Sources: City of San Luis Obispo; Wallace Group; and Economic & Planning Systems, Inc. Packet Pg. 253 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 14 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx To calculate these adjustments, three steps, labeled A through C, are required: A. Base Citywide Fee. The base Citywide fee is calculated based on the updated costs of all improvements except the Los Osos Valley Road Interchange and the Prado Road Interchange and using the full growth forecast. B. Prado Road Interchange Add-on. An adjustment for the San Luis Ranch project is made because the San Luis Ranch developer has a 28 percent fair share allocation obligation towards the Highway 101/Prado Road Interchange improvements plus related financing. Because the developer is paying this obligation directly, the developer should not also pay the component of the citywide fee that is attributable to the Prado Road Interchange project. The San Luis Ranch add-on is calculated based on the cost of the Prado Road Interchange (net of San Luis Ranch’s direct obligation) and using the Citywide growth forecast less the development anticipated as part of the San Luis Ranch project. This add-on applies to all new development in the City except the San Luis Ranch project. C. Los Osos Valley Road Interchange Add-on. New development in the Los Osos Valley Road subarea will pay a Citywide fee plus the updated Los Osos Valley Road subarea fee (a separate nexus study has been prepared to document the updates to the subarea fee), which funds a portion of the Highway 101/Los Osos Valley Road Interchange improvements plus related financing. Therefore, new development in the Los Osos Valley Road subarea should not pay the LOVR subarea fee plus the component of the citywide fee that is attributable to the Los Osos Valley Road Interchange improvement. The Los Osos Valley Road Interchange add-on is calculated based on the cost of the interchange improvement (beyond the cost that is already the basis of the LOVR subarea fee) and using the citywide growth forecast less the development anticipated in the Los Osos Valley Road subarea. This add-on applies to all new development in the City except for new development in the Los Osos Valley Road subarea. Citywide Growth Projections and Trip Generation As shown on Table 7, Average Daily Trip (ADT) generation rates were provided by City staff in collaboration and based on trip generation data from the Institute of Transportation Engineers (ITE). Based on the development forecast assumed in the transportation model and refined assumptions about development plans in the LOVR Subarea, Citywide growth is forecast to generate 223,000 new trips, consisting of 79,000 new trips attributable to residential growth, 141,500 new trips attributable to non-residential growth, and approximately 3,150 new trips attributable to the Life Plan component of Froom Ranch. The number of trips attributable to Life Plan were generated from a traffic study that reported the trips on a PM Peak “Driveway” basis. For purposes of this update, the PM Peak “Driveway” trips were converted to Average Daily Trips (ADT) “All Legs.” Packet Pg. 254 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 15 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 7 Existing, Growth, and Buildout Trip Generation Cost per Trip The cost allocation to new development divided by the total new trips generated by new development results in average cost per trip of approximately $436 for the Citywide base fee, as shown on Table 8. The average cost per trip for the Prado Road Interchange is approximately $142, and the average cost per trip for the Los Osos Valley Road Interchange is approximately $60. Table 8 Average Cost per Trip Land Use Existing Growth Residential 287,078 78,724 365,802 Non-Residential 422,921 141,491 564,412 Other [1]0 3,146 3,146 Total Trips 709,999 223,361 933,360 % of Total Buildout Trips 76.07% 23.93% 100.00% Sources: City of San Luis Obispo and Economic & Planning Systems, Inc. Buildout [1] Includes Froom Ranch's Life Plan, a continuing care facilitiy, which is expected to include a mix of residential and commercial uses. New Trips2 Average Cost Geography/Improvement Total Costs Net Costs 1 (ADT)per Trip Citywide Base $105,030,448 $97,433,570 223,361 $436.22 Prado Road Interchange $28,663,545 $28,663,545 201,410 $142.31 Los Osos Valley Road Interchange $11,636,833 $11,636,833 195,346 $59.57 Total $145,330,826 $137,733,948 Sources: City of San Luis Obispo; Economic & Planning Systems, Inc. Cost Allocations to New Development 1 Removes existing transportation impact fee fund balances from the total costs allocated to new growth. Latest fee balances available from City (June 30, 2017) indicate a total fee balance of about $7.6 million, including $6.1 million in Citywide Transportation Impact Fee fund, $1.1 million in Airport Area Impact Fee Fund, and $417,300 in the Margarita Area Specific Plan Fund. The fund balance of $129,400 for Los Osos Valley Road is not included. 2 For the Prado Road Interchange, the estimate of new trips is the number of Citywide trips less the trips associated with the San Luis Ranch project. Similarly, for the Los Osos Valley Road Interchange, the estimated of new trips is the number of Citywide trips less the trips associated with anticipated new development in the Los Osos Valley Road subarea. Packet Pg. 255 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 16 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Fees by Land Use Category Using the calculated cost per trip and the average daily trips for each land use category, the maximum justifiable fees for the Citywide base fee component are calculated and presented in Table 9. The San Luis Ranch and the Los Osos Valley Road subarea add-ons are shown on the same table. In combination, these three steps are the components of the maximum Citywide fees. Specifically, the maximum Citywide fee is the sum of the base Citywide fee, the Los Osos Valley Road Interchange add-on, and the Prado Road Interchange add-on (Step A + Step B + Step C). For new development in the Los Osos Valley Road subarea, the maximum Citywide fee is the base Citywide fee plus the Prado Road Interchange add-on (Step A + Step B). For the San Luis Ranch project, the maximum Citywide fee is the sum of the base Citywide fee and the Los Osos Valley Road Interchange add-on (Step A + Step C). The resulting maximum fees are shown below in Table 10. Packet Pg. 256 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 17 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 9 Trip Generation Rates and Components of Maximum Fee Calculations Land Use Average Cost per Trip Residential Single Family 16.24 per unit $7,084 per Unit $2,311 per Unit $967 per Unit Multifamily 12.62 per unit $5,504 per Unit $1,796 per Unit $752 per Unit Non-Residential Office/Service (1)18.45 per 1,000 sq.ft.$8.05 per Sq.Ft.$2.63 per Sq.Ft.$1.10 per Sq.Ft. Retail (2)56.92 per 1,000 sq.ft.$24.83 per Sq.Ft.$8.10 per Sq.Ft.$3.39 per Sq.Ft. Industrial 11.33 per 1,000 sq.ft.$4.94 per Sq.Ft.$1.61 per Sq.Ft.$0.67 per Sq.Ft. Institutional (3)18.45 per 1,000 sq.ft.$8.05 per Sq.Ft.$2.63 per Sq.Ft.$1.10 per Sq.Ft. Lodging (4)16.38 per room $7,145 per Room $2,331 per Room $976 per Room (1) Trip generation rates based on an average of office and service trip rates provided by City staff and Cambridge Systematics. (2) Trip generation rates based on an average of low and medium retail trip rates provided by City staff and Cambridge Systematics. (3) Trip generation rates based on office/service trip rates provided by City staff and Cambridge Systematics. (4) Trip generation rates based on motel trip rates provided by City staff and Cambridge Systematics. Sources: City of San Luis Obispo; Cambridge Systematics; and Economic & Planning Systems, Inc. Step A Step B Step C Los Osos Valley Road Interchange Add-on $59.57 Trip (ADT) Generation Rates Citywide Base $436.22 Prado Road Add-on $142.31 Packet Pg. 257 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 18 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Table 10 Summary of Maximum Citywide Transportation Fees Land Use Citywide (1) Los Osos Valley Road Subarea (2) San Luis Ranch Subarea (3) Step A + Step B + Step C Step A + Step B Step A + Step C Residential Single Family (per Unit)$10,363 $9,395 $8,051 Multifamily (per Unit)$8,051 $7,299 $6,255 Non-Residential Office/Service (per Sq.Ft.)$11.77 $10.67 $9.15 Retail (per Sq.Ft.)$36.32 $32.93 $28.22 Industrial (per Sq.Ft.)$7.23 $6.55 $5.62 Institutional (per Sq.Ft.) $11.77 $10.67 $9.15 Lodging (per Room) $10,452 $9,476 $8,121 Sources: City of San Luis Obispo; Economic & Planning Systems, Inc. (1) Schedule of maximum fees to be paid by new development outside of the San Luis Ranch project area and the Los Osos Valley Road subarea. (2) Schedule of maximum fees to be paid by new development in the Los Osos Valley Road subarea. In addition, development in this subarea will pay the LOVR subarea fee as well. (3) Schedule of maximum fees to be paid by the San Luis Ranch development. In addition, San Luis Ranch development also pays a direct contribution toward the Prado Road Interchange costs. Packet Pg. 258 Item 11 Economic & Planning Systems, Inc. 19 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx 4. IMPLEMENTATION AND ADMINISTRATION OF CFF The updated Citywide transportation impact fee program and corresponding fee schedule will need to be adopted by City Resolution as enabled by the City’s Fee Ordinance. The existing Ordinance allows the City Council to adopt, by Resolution, a fee schedule consistent with supporting technical analysis and findings provided in this Report. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. A brief summary of the key implementation and administrative elements is provided below. Fee Collection and Amount Applicable Land Uses All new development that occurs within the City of San Luis Obispo, except as specifically exempted by the CFF Ordinance, shall pay the CFF based on requirements of the subarea in which the new development is located. While the maximum fee amount will be determined by the Mitigation Fee Act Study, the City may elect to charge less for a variety of reasons and under certain circumstances, as described in the Ordinance. In any case, the applicable fees will be published in a Fee Schedule made available by the City and updated periodically. The amount will vary by land use, as shown in Table 1. It is possible that certain projects may not fit neatly into the categories defined in Table 4. In cases were such ambiguity exists, the City Community Development Director will need to make a determination as to the applicable fees. The Fee Ordinance articulates guidelines for resolving discrepancies and/or disputes. Fee Escalation The City Fee Ordinance allows for an automatic adjustment of the CFF to keep pace with inflationary increases in construction costs. This allows the fee level to keep pace with inflation without requiring an annual approval process. This adjustment is based on the Construction Cost Index (CCI) published by the Engineering News Record (ENR), a source widely used in the construction industry, and by many jurisdictions as a basis for making annual inflation adjustments to their development impact fees. ENR’s CCI has been published consistently every month since 1967. As such ENR is one of the most reliable and consistent indices that track trends in construction costs. Timing and Manner of Payment The City CFF Ordinance addresses issues related to the timing and manner of payment for the CFF including the potential for fee deferrals, payment plans, credits and reimbursements, exemptions, and related adjustments. Packet Pg. 259 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 20 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Annual Review, Accounting, and Updates Annual review This Report and the technical information it contains should be maintained and reviewed periodically by the City as necessary to ensure Impact Fee accuracy and to enable the adequate programming of funding sources. To the extent that improvement requirements, costs, or development potential changes over time, the Fee Program will need to be updated. Specifically, AB 1600 (at Gov. Code §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following: • A description of the type of fee in the account • The amount of the fee • The beginning and ending balance of the fund • The amount of fees collected and interest earned • Identification of the improvements constructed • The total cost of the improvements constructed • The fees expended to construct the improvement • The percent of total costs funded by the fee If sufficient fees have been collected to fund the construction of an improvement, the agency must specify the approximate date for construction of that improvement. Because of the dynamic nature of growth and infrastructure requirements, the City should monitor development activity, the need for infrastructure improvements, and the adequacy of the fee revenues and other available funding. Formal annual review of the Fee Program should occur, at which time adjustments should be made. Costs associated with this monitoring and updating effort are included in the Impact Fee. Surplus Funds AB 1600 also requires that if any portion of a fee remains unexpended or uncommitted in an account for five years or more after deposit of the fee, the City Council shall make findings once each year (1) to identify the purpose to which the fee is to be put, (2) to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, (3) to identify all sources and amounts of funding anticipated to complete financing of incomplete improvements, and (4) to designate the approximate dates on which the funding identified in (3) is expected to be deposited into the appropriate fund. If adequate funding has been collected for a certain improvement, an approximate date must be specified as to when construction on the improvement will begin. If the findings show no need for the unspent funds, or if the conditions discussed above are not met, and the administrative costs of the refund do not exceed the refund itself, the local agency that has collected the funds must refund them. Internal Loaning of Funds Loans between the Capital Facilities Fee Funds may be used from time to time to facilitate the construction of CFF facilities and assure adequate cash flow. Any such loan shall be made in accordance with applicable law, as interpreted by the City Attorney of the City of San Luis Packet Pg. 260 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 21 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx Obispo, and all funds shall be placed in separate accounts on either a facility or geographic basis. The additional following requirements are also placed on loans between CFF funds: 1. Funds may be transferred between accounts to expedite the construction of critical projects/facilities. 2. A mechanism to repay accounts shall be established. 3. Interest charged on each loan shall be based upon the Local Agency Investment Fund rate in effect at the time of the loan and shall be deposited into the account providing the loan. 4. Inter-fund loan repayments shall take precedence over reimbursements to developers. Five-Year Update Fees will be collected from new development within the City immediately; however, use of these funds may need to wait until a sufficient fund balance can be accrued. Per Government Code Section 66006, the City is required to deposit, invest, account for, and expend the fees in a prescribed manner. The fifth fiscal year following the first deposit into the Fee account or fund, and every five years thereafter, the City is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended: • Identify the purpose for which the fee is to be put; • Demonstrate a reasonable relationship between the fee and the purpose for which it is charged; • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and • Designate the approximate dates on that the funding referred to in the above paragraph is expected to be deposited in the appropriate account or fund. Once sufficient funds have been collected to complete the specified projects, the City must commence construction within 180 days. If they fail to do this, the City is required to refund the unexpended portion of the fee and any accrued interest to the then current owner. Securing Supplemental Funding The Citywide Transportation Impact Fee Program is not appropriate for funding the full amount of all capital costs identified in this Fee Study. As a result, the City will have to identify funding and pay for improvements related to existing developments and improvements not funded by the Fee Program or any other established funding source. Examples of such sources include the following: • General Fund Revenues. In any given year, the City could allocate a portion of its General Fund revenues for discretionary expenditures. Depending on the revenues generated relative to costs and City priorities, the City may allocate General Fund revenues to fund capital facilities costs not covered by the Fee Program or other funding sources. Packet Pg. 261 Item 11 Citywide Transportation Impact Fee Update Nexus Study Administrative Draft Report 06/19/19 Economic & Planning Systems, Inc. 22 Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Report\191053_Admin Draft_Citywide TIF Update Nexus Study_2019June19.docx • Assessments and Special Taxes. The City could fund a portion of capital facilities costs using assessments and special taxes. For example, the establishment of a Mello-Roos Community Facilities District would allow the City to levy a special tax to pay debt service on bonds sold to fund construction of capital facilities or to directly fund capital facilities. The City could also seek voter approval of a special tax through ballot initiative to provide funding for a range of capital improvements. • Regional, State or Federal Funds. The City might seek and obtain grant of matching funds from Regional, State and Federal sources to help offset the costs of required capital facilities and improvements. As part of its funding effort, the City should research and monitor these outside revenue sources and apply for funds as appropriate. • Other Grants and Contributions. A variety of grants or contributions from private donors could help fund a number of capital facilities. For example, private foundations and/or charity organizations may provide money for certain park and recreation or cultural facilities. As part of the adoption of the fee, the City is likely to adopt a finding that it will obtain and allocate funding from various other sources for the fair share of the costs of improvements identified in this Report that are not funded by the Fee Program as well any additional funding required to “backfill” any policy-based fee reductions. Any supplemental funding identified will be incorporated into the CFF as part of the next five-year update. Packet Pg. 262 Item 11 APPENDIX A: Transportation Impact Fee Improvement List and Cost Allocation Packet Pg. 263 Item 11 Appendix ATransportation Improvement List, Cost Estimates, and AllocationsSan Luis Obispo Transportation Impact Fee Program Update Nexus Analysis; EPS #191053Description Estimate InformationRegional Existing New Regional Existing NewCITYWIDE BASEIntersection ImprovementsProject #3 Broad & South-Santa Barbara Intersection ImprovementsIntersection Improvements Widen southbound approach to provide a 100' right-turn lane; OR Improve the westbound approach to include two left-turn lanes and a shared through/right turn lane.Wallace estimates Project No. 20 $680,000 total with $550k const, $130k Capital Support.$680,000 $680,000 0.0% 0.0% 100.0% $0 $0 $680,000Project #4 Orcutt & Tank Farm Intersection ImprovementsIntersection Improvements Design and install roundabout. Engineer cost estimate $2,750,000 $2,750,0000.0% 0.0% 100.0% $0 $0 $2,750,000Project #5 Broad & Tank Farm Intersection ImprovementsIntersection Improvements Establish time-of-day timing plans.Add SB dual left-turn lane, NB dedicated right-turn lane and WB dedicated right-turn lane. Augment bicycle facilities and improve transit headways on Broad Street.Wallace estimates Project No. 33 $1,490,000. $1,500,000 $1,500,000 15.0% 0.0% 85.0% $225,000 $0 $1,275,000Project #6 Johnson & Orcutt Intersection Improvements Intersection Improvements Install roundabout. Wallace estimates Project No. 18 of $2,000,000 total with $2,000,000 const no ROW.$2,000,000 $2,000,000 25.0% 0.0%75.0% $500,000 $0 $1,500,000Project #7 Higuera & Tank Farm Intersection ImprovementsIntersection Improvements Design and construct NB right-turn lane, WB dual right-turn lanes, dual SB lefts,& median on Tank Farm between Higuera and Long.Wallace estimates Project No. 35 of $1,650,000 total with $1,650,000 const no ROW. Plus $350,000 for SB Dual Lefts.$2,300,000 $2,300,000 0.0% 0.0% 100.0% $0 $0 $2,300,000Project #8 S. Broad Street Intersection Intersection ImprovementsControl Upgrades at 3 intersections. From S. Broad Street Corridor Plan with adjustments (cost based upon Roundabout Control, Medians, and ROW at $2.25 million each for two Intersections and $500,000 for Bicycle Pedestrian Hybrid Crossing Signal & Median and curb extensions at a third.$5,000,000 $5,000,000 20.0% 0.0% 80.0% $1,000,000$0 $4,000,000Project #9 Misc. Intersection Control Upgrades Intersection Improvements 15 Intersections Control upgrades as identified in the General Plan Circulation Element and EIR.Engineer cost estimate$15,750,000$15,750,000 0.0% 0.0% 100.0%$0$0 $15,750,000Project #10 Orcutt Rd/UPRR Grade Separation Intersection Improvements Grade Separation of Orcutt Road and Laurel Lane at the Union Pacific Railroad including the relocation of Bullock Lane and potential relocation of the Bullock Bridge. Wallace estimates Project No. 41 of $20,000,000 does not include ROW - one property still needs to be acquired. Local Match only that could be used for property acquisition if necessary.$20,000,000$16,000,000 $4,000,000 10.0% 0.0% 90.0% $400,000$0 $3,600,000Project #11 Prado Rd/Higuera & Prado Intersection Improvements - Final Phase Dual LT's and NB RTStreet Widening and Intersection ImprovementsIntersection Improvements: Add second westbound through lane. Add second northbound left-turn lane. Add second eastbound through lane.Project cost estimated on Project #15 (see below) that are 25% construction plans - forecast for future conditions.$2,500,000$2,500,0000.0% 0.0% 100.0%$0$0$2,500,000Subtotal$52,480,000 $0 $16,000,000 $36,480,000$2,125,000$0 $34,355,000Street Widening ImprovementsProject #12 Higuera Widening: High St to Marsh St Street WideningAcquire property and widen to allow four travel lanes, center turn lane, bike lanes, etc. & implement Downtown Plan concepts (See Mid-Higuera Plan).Wallace estimates Project No. 44 of $2,150,000 does not include ROW - $1.760M in Const, $390k in const support.$2,150,000$2,150,000 0.0% 76.1%23.9%$0 $1,635,487 $514,513Project #13 Higuera Widening: Madonna Rd to City LimitsStreet WideningWiden Higuera to 4 lanes, with a center turn lane and Class II bikeways; complete sidewalk gaps. Wallace estimates Project No. 27 of $5,370,000 does not include ROW - $4.4M in Const, $970k in construction support. Includes soft costs and ROW for $6,120,000$6,120,000 55.0% 0.0% 45.0% $3,366,000$0 $2,754,000Project #14 Tank Farm Road WideningStreet WideningWiden Tank Farm Road as a Parkway Arterial with 2 lanes in each direction, a center turn lane/landscaped median, Class II bike lanes, sidewalks and Class I bike lanes from Horizon to Santa Fe & Roundabout at Santa Fe.Combination of Wallace estimates Project No. 51 of $23,380,000 does not include ROW - $15.3M in Const, $3.370k in const support. Adds to that the roundabout and misc work at Sante Fe and Horizon Lane intersections. $3,000,000 in direct dev contribution in for adjacent development to pay for c/g/s and bike lanes along frontage.$22,000,000$3,000,000$19,000,000 30.0% 0.0% 70.0% $5,700,000$0 $13,300,000Project #15 Prado Rd Bridge Widening: West of Higuera St and Higuera & Prado Intersection Improvements (NB Dual LT)Street Widening and Intersection ImprovementsIntersection Improvements: Add second westbound through lane. Add second northbound left-turn lane. Add second eastbound through lane.See Wallace project No. 40 & Preliminary Cost Estimates for Bridge. Assumes HBR program will pick up to 60% (modified to excluse non eligible improvements).$13,000,000$7,800,000 $5,200,000 0.0% 0.0% 100.0%$0$0 $5,200,000Project #15F Prado Rd. Bridge W of HigueraFinancing$3,821,495$3,821,4950.0% 0.0% 100.0% $0$0$3,821,495Subtotal$47,091,495 $3,000,000 $7,800,000 $36,291,495$9,066,000 $1,635,487 $25,590,009Street Extension ImprovementsProject #16a Santa Fe Road Extension North of Tank FarmStreet ExtensionRealign and Extend Santa Fe Road as a Commercial Collector from Tank Farm to Prado Road including construction of a new bridge at Acacia Creek. (See AASP) Chevron responsible for 66% ($1,620,000) to reflect local access needs. New cost estimate reduced by this amount.See Wallace project No. 52. Roundabout cost in Wallace estimate moved to TankFarm Road Widening Project #14.$1,080,000$1,080,000 60.0% 0.0% 40.0% $648,000$0 $432,000Project #16b Santa Fe Road Extension South of Tank FarmStreet ExtensionRealign and Extend Santa Fe Road as a Commercial Collector from Hoover Avenue to Tank Farm including construction of a new bridge at Acacia Creek. Chevron responsible for 50% to reflect local access needs.See Wallace project No. 52. Roundabout cost in Wallace estimate moved to TankFarm Road Widening Project #14.$2,500,000$2,500,000 60.0% 0.0% 40.0% $1,500,000$0 $1,000,000Project #17 Horizon Lane Extension South of Tank Farm Street ExtensionConstruct new commercial collector Tank Farm to Buckley with roundabout control at Tank farm.1,300 LF at $775 per LF plus $2m for Roundabout. $3,000,000$3,000,000 10.0% 0.0% 90.0%$300,000$0 $2,700,000Allocation - CitywideProject Number NameType (e.g., Geographic Area of Benefit)New Cost EstimateDirect Development ContributionGrant or Other SourcesPFFP Cost EstimateAllocation - CitywideEconomic & Planning Systems, Inc. 6/19/2019Page 1 of 3Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Model\Transportation List (Combined).xlsxPacket Pg. 264Item 11 Appendix ATransportation Improvement List, Cost Estimates, and AllocationsSan Luis Obispo Transportation Impact Fee Program Update Nexus Analysis; EPS #191053Description Estimate InformationRegional Existing New Regional Existing NewAllocation - CitywideProject Number NameType (e.g., Geographic Area of Benefit)New Cost EstimateDirect Development ContributionGrant or Other SourcesPFFP Cost EstimateAllocation - CitywideProject #18 Bishop St Extension to Roundhouse Street ExtensionExtend Bishop Street west over R.R. tracks. The City shall conduct a detailed subarea traffic analysis to determine if secondary measures can be made to allow for elimination of the Bishop Street Extension and protection of neighborhood traffic levels; and recommend improvements, if any.Wallace estimates Project No. 43 of $13,200,000 does not include ROW - All construction cost.$13,200,000$13,200,000 5.0% 72.3% 22.7% $660,000 $9,539,072 $3,000,928Project #19 Prado Rd Extension South Higuera to Broad Street, including Broad Street & Prado Extension Intersection ImprovementsStreet Extension and Intersection ImprovementsWiden and extend Prado Rd. as an Highway/Regional Route Arterial with 2 lanes in each direction, a center turn lane/landscaped median, Class II bike lanes, sidewalks and Class I bike lanes (where feasible) from US 101 to Broad Street. ROW Limitations east of Higuera outside of the MASP area may limit the City’s ability to install Class I facilities. (See MASP) Construct a second northbound left-turn lane at Broad and Prado.Assumes new Prado Extension cost of $25,936,200 based upon Serra Meadows actuals. Adjacent development funds c/g/s, bike lanes, center turn lane/median and one through lane. AB 1600 funds one lane in each direction.$26,526,200$16,509,720$10,016,480 20.0% 0.0% 80.0% $2,003,296$0 $8,013,184Project #19F Prado Rd Extension South Higuera to Broad Street, including Broad Street & Prado Extension Intersection ImprovementsFinancing$7,361,141$7,361,1410.0% 0.0% 100.0%$0$0$7,361,141Subtotal$53,667,341 $16,509,720 $0 $37,157,621$5,111,296 $9,539,072 $22,507,253Pedestrian/ Bicycle ImprovementsProject #20 Bob Jones TrailPedestrian/Bike Projects Class I Trail from Marsh Street to Prado paralleling SLO Creek / Higuera Street, Calle Joaquin to Oceanaire behind Target & Auto Dealers Along Creek, and Los Osos Valley Road to S. Higuera along creek.14,000 LF Estimated at $785 per LF including Design, ROW, Permitting, Environmental Review / Mitigation, Retaining Walls & Bridges. Based on Final Bob Jones Prado to LOVR costs.$11,000,000$11,000,000 0.0% 76.1% 23.9%$0 $8,367,607 $2,632,393Project #21 Railroad Safety Trail Pedestrian/Bike Projects Completing gaps in Class I Trail paralleling UPRR right of way, with connections and bridges, from CalPoly to Southern City Limit.15,300 LF Estimated at $785 per LF including Design, ROW, Permitting, Environmental Review / Mitigation, Retaining Walls & Bridges.. Based on Final Bob Jones Prado to LOVR costs.$12,000,000$12,000,000 0.0% 76.1% 23.9%$0 $9,128,299 $2,871,701Project #22 Broad Street Bicycle Boulevard / Anholm Bikeway Including Broad St. Ramp Closure & Bike/Ped OverpassPedestrian/Bike Projects Mixture of bikeway and pedestrian enhancements connecting downtown area to schools north of Foothill. Includes CalTrans project development work for closure of the SB US 101 Ramps, grade separation of US 101 and misc mitigation at US 101/HWY1.$3,000,000 for Anholm Bikeway per Page 36 of adopted Anholm Bikeway Plan. $2,000,000 For CalTrans PSR, PA&ED, and PS&E of Broad Street Ramp Closure.$5,000,000$5,000,000 0.0% 76.1% 23.9%$0 $3,803,458 $1,196,542Project #23 Fixilini & Flora Bike BoulevardPedestrian/Bike Projects Connects neighborhoods north of Johnson Avenue along Flora Avenue from Lizzie to Southwood (also along Sequoia to County parcels) including gap closure between Bishop and Fixlini. Ref. Bike Plan A-61 - 65.950 LF Class I @ $325 per LF., $125k for traffic diverter islands and $15k for miscellaneous traffic calming.$450,000$450,000 0.0% 76.1% 23.9%$0 $342,311 $107,689Project #24 Ella Street Bike BoulevardPedestrian/Bike Projects Connects neighborhoods north of Johnson Avenue along Ella and other streets from the Jennifer Street Bridge to Flora BB. Ref. Bike Plan A-66,67.2000 LF @ $25 per LF.$50,000$50,0000.0% 76.1% 23.9%$0 $38,035 $11,965Project #25 Jennifer Street Bridge Morro St. Expansion Pedestrian/Bike Projects Provides direct connection from Jennifer Street Bridge to Morro Street Bike Boulevard at Santa Rosa with new bridge ramp and ADA improvements. Estimated based on Original Jennifer Street Bridge Construction with CPI.$500,000$500,000 0.0% 76.1% 23.9%$0 $380,346 $119,654Project #26 Boyson Ped Bike Separated Xing & Class I Highland-Santa Rosa BypassPedestrian/Bike Projects Traffic Safety project to separate ped/bike crossings at Boyson/HWY 1 (by under/overpass) and connecting to N. Chorro. Bike Plan A-27, A-28.Estimate provided in Hwy 1 Major Investment Study. $3,500,000$3,500,000 0.0% 76.1% 23.9%$0 $2,662,421 $837,579Project #27 Class I Path Broad to Marsh (W side of Hwy 101)Pedestrian/Bike Projects Class I path connecting Broad Street Bike Boulevard to Marsh Street and the Cerro San Luis Trail head/Madonna Bike Path and beyond. Bike Plan A-36.4,000 LF Estimated at $475 per LF including Design, ROW, Environmental Review / Mitigation, & Retaining Walls. Based on Final Bob Jones Prado to LOVR Costs.$2,000,000$2,000,000 0.0% 76.1%23.9%$0 $1,521,383 $478,617Project #28 Los Osos Valley Road Interchange Class I UnderpassPedestrian/Bike Projects Grade separation of Bob Jones Trail/LOVR bike and pedestrians using one of the culverts of the SLO Creek bridge or via Caltrans ROW. Bike Plan A-90.Estimates based on Early LOVR Interchange design which initially included this connection but was later removed.$1,000,000$1,000,000 0.0% 40.0% 60.0%$0 $400,000 $600,000Project #29 Madonna Class I (Hwy 101 to Oceanaire)Class I or IV bike facility on North side of Madonna connecting Madonna Bike Path to Laguna Lake Park then to Oceanaire. Bike Plan A-126, A-127.1,000 LF of Widening Sidewalk to Class I Facility Estimated $850 per LF per Laurel & Orcutt Class I Final Cost. In addition to 2,000 LF of Class I Estimated at $325 per LF construction only.$1,500,000$650,000$850,000 0.0% 40.0% 60.0%$0 $340,000 $510,000Project #30 Broad St. Class I (Rockview to Damon Garcia Park)Pedestrian/Bike Projects Class 1 Path on west side of Broad Street connecting Rockview to MASP and Damon Garcia park. See MASP and Bike Plan A-99 to A-101.1700 LF Estimated at $475 per LF including Design, ROW, Mitigation, & Culverts / Retaining Walls.$800,000 $800,000 0.0% 40.0% 60.0%$0 $320,000 $480,000Project #31 Downtown Bikeways & Bike BlvdsPedestrian/Bike Projects Misc. bicycle and pedestrian enhancements as contained in the Downtown Concept Plan (2017).Signal Modifications & Corner Reconstruction at 9 Intersections estimated at $150,000 each. 3500 LF of Class IV Bikeways estimated at $185 per LF. Including Design & Construction.$2,000,000$2,000,000 0.0% 76.1%23.9%$0 $1,521,383 $478,617Project #32 Cerro Romaulda Class I (Tassajara to Chorro)Pedestrian/Bike Projects Connects N. Choro to Ferinni and Pacheco School to Cal Poly. Bike Plan A-26.525 LF Estimated at $185 per LF including Design & Construction. $650,000 in ROW.$750,000$750,000 0.0% 76.1% 23.9%$0 $570,519 $179,481Project #33 Vachell Lane Class II LanesPedestrian/Bike Projects Constructs Class II bicycle lanes from S. Higuera to Buckley Road. Does not include ROW costs. Bike Plan A-113, Avila Ranch SP.Estimate Provided By Avila Ranch.$650,000$650,000 0.0% 40.0% 60.0%$0 $260,000 $390,000Project #34 Tank Farm Creek Class I (Buckley to Tank FarmPedestrian/Bike Projects Constructs Class 1 trail from Santa Fe Road at Tank Farm across the Chevron property through the Avila Ranch project and connects to Vachell at Buckley Road. Bike Plan A-111, AASP, Avila Ranch SP.Estimate Provided By Avila Ranch.$1,800,000$1,800,000 0.0% 0.0% 100.0%$0$0 $1,800,000Economic & Planning Systems, Inc. 6/19/2019Page 2 of 3Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Model\Transportation List (Combined).xlsxPacket Pg. 265Item 11 Appendix ATransportation Improvement List, Cost Estimates, and AllocationsSan Luis Obispo Transportation Impact Fee Program Update Nexus Analysis; EPS #191053Description Estimate InformationRegional Existing New Regional Existing NewAllocation - CitywideProject Number NameType (e.g., Geographic Area of Benefit)New Cost EstimateDirect Development ContributionGrant or Other SourcesPFFP Cost EstimateAllocation - CitywideProject #35 Buckley Road Extension Class 1Pedestrian/Bike Projects Constructs Class 1 trail Vachell at Buckley Road to the Bob Jones Trail at S. Higuera and the Octagonal Barn property. Bike Plan A-112, AASP, Avila Ranch. Estimate Provided By Avila Ranch.$800,000$800,000 0.0% 40.0% 60.0%$0 $320,000 $480,000Project #36 Tank Farm & UPRR Bike BridgePedestrian/Bike ProjectsConnects RRST across Tank Farm Road to City limits. Funds citywide component of project, OASP funds remaining. Bike Plan A-58, OASP.See Wallace Eng. Estimate. 11-15-2016 Council Report for OASP PFFP.$1,008,000$252,000$756,000 0.0% 0.0% 100.0%$0$0 $756,000Project #37 Laguna Lake BikewaysPedestrian/Bike Projects Connects Laguna/LOVR area to Foothill area and Cal Poly via a series of Class I trail connections. Bike Plan A-122 to A-125.11,000 LF at $325 per LF construction only.$3,500,000$3,500,000 0.0% 40.0% 60.0%$0 $1,400,000 $2,100,000Project #38 Misc. Class II Bike LanesPedestrian/Bike Projects Miscellaneous Class II improvements as identified in the City Bicycle Plan.80,000 LF Estimated at $25 per LF.$2,000,000$2,000,000 0.0% 76.1%23.9%$0 $1,521,383 $478,617Project #39 Misc. Class III Bike Signs & Markings Pedestrian/Bike Projects Miscellaneous Class III improvements as identified in the City Bicycle Plan.50,000 LF Estimated at $5 per LF.$250,000$250,000 0.0% 76.1% 23.9%$0 $190,173 $59,827Project #40 Misc. Ped/Bike X-Ing ControlsPedestrian/Bike Projects Miscellaneous Traffic Control upgrades at Ped and Bike crossings needed in future (Signal or other control).10 locations estimated at $150,000 each.$1,500,000$1,500,000 0.0% 40.0% 60.0%$0 $600,000 $900,000Project #41 Class I Overpass Industrial & UPRR Pedestrian/Bike Projects Connects growth areas of OASP, MASP and Broad Street industrial areas by installing a grade separation under/over the UPRR train tracks at Industrial Way. Funds citywide component of project, OASP funds remaining. Bike Plan A-57, OASP.See Wallace Eng. Estimate. 11-15-2016 Council Report for OASP PFFP.$2,108,000$1,054,000$1,054,0000.0% 0.0% 100.0%$0$0$1,054,000Subtotal$54,166,000 $1,956,000 $0 $52,210,000$0 $33,687,317 $18,522,683Transit ImprovementsProject #42 Fleet Expansion: 4 BusesTransit ProjectsPer SRTP future forecast of vehicles needed to serve expansion areas. Recovers 25% local match requirement only.$1,500,000$1,500,000 0.0% 76.1%23.9%$0 $1,141,037 $358,963Project #43 Transit CenterTransit ProjectsConstructs Transit Center in Downtown providing enhanced mobility and access for new development and businesses in Downtown, includes transfer locations for RTA and other regional providers. Recovers 25% local match requirement only.Estimate provided by SLOCOG. In excess of $12m. PFFP Cost capped at $5m pursuant to current TIFF program.$5,000,000$5,000,0000.0% 76.1% 23.9%$0$3,803,458$1,196,542Subtotal$6,500,000 $0 $0 $6,500,000 $0$4,944,495 $1,555,505OtherProject #44 Traffic Volume Count Program and Traffic ModelMisc. Conducts biannual traffic counts and traffic model updates for use in development Traffic Impact Studies. Counts estimated @ $40K biannually for 20 years, Traffic Model update every 5 years at $100K ea.$900,000 $900,000 0.0% 0.0% 100.0% $0 $0 $900,000Project #45 S. Broad Street Medians Corridor Improvements Medians from South to Orcutt Per S. Broad Street Corridor Plan. 200 LF Estimated at $1,000 per LF. $2,000,000$2,000,00020.0% 0.0% 80.0% $400,000$0$1,600,000Subtotal$2,900,000 $0 $0 $2,900,000$400,000 $0 $2,500,000CITYWIDE BASE SUBTOTAL$216,804,836$21,465,720 $23,800,000 $171,539,116$16,702,296 $49,806,372 $105,030,448PRADO ROAD INTERCHANGE ADD-ONInterchange ImprovementsProject #2 Hwy 101/Prado Rd InterchangeInterchange Improvements Build full interchange at 101. Development of San Luis Ranch (Dalidio) Area shall include a circulation analysis of alternatives to a full access interchange, an analysis of compact interchange designs that minimize open space / ag. land impacts, and an analysis of potential incremental phasing of the interchange elements.Estimate is based on median range of the preliminary Project Study Report (PSR) estimates.$35,000,000$9,800,000$6,000,000 as part of regional funding$25,200,000 30.0% 0.0% 70.0% $7,560,000$0 $17,640,000Project #2F Hwy 101/Prado Rd InterchangeFinancing $11,023,545 $11,023,545 0.0% 0.0% 100.0%$0$0 $11,023,545PRADO ROAD INTERCHANGE ADD-ON BASE SUBTOTAL$46,023,545$9,800,000 $36,223,545$7,560,000$0 $28,663,545LOVR INTERCHANGE ADD-ONProject #1 Hwy 101/LOVR Interchange Improvements Interchange Improvements Estimate is based on actual final cost.$7,134,172 $7,134,172 0.0% 0.0% 100.0%$0$0 $7,134,172Project #1F Hwy 101/LOVR Interchange Improvements Financing $4,502,661 $4,502,661 0.0% 0.0% 100.0%$0$0 $4,502,661LOVR INTERCHANGE ADD-ON BASE SUBTOTAL$11,636,833 $11,636,833$0$0 $11,636,833TOTAL IMPROVEMENT LIST$274,465,214$31,265,720 $23,800,000 $219,399,494$24,262,296 $49,806,372 $145,330,826Sources: City of San Luis Obispo; Cambridge Systematics; Wallace Group; and Economic & Planning Systems, Inc.Economic & Planning Systems, Inc. 6/19/2019Page 3 of 3Y:\Projects\Oakland\191000s\191053_SLO Citywide TIF Update\Model\Transportation List (Combined).xlsxPacket Pg. 266Item 11 RECEIVED JUN 2 4 2019 SLO CITY CLFRK 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 + FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number C.V72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: —So yu- zo in the year 2019. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, California, this day Z10 of -�JYIC , 2019. Patricia Horton, New Times Legals \,Iniin x PununalhNTMO Ad.,iMyrMri 0111—BUS(NLS.S/Puhlir Nh Proof of Publication of SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC MEETING The San Luis Obispo City Council invites all interested persons to attend a public meeting on Tuesday, July 2, 2019, at 6:00 p.m. in the City Hall Council Chamber, 990 Pifm Street, San Luis Obispo, California, relative to the following: • Introduce an Ordinance and adopt a Resolution to Adopt and Implement Recommended Updates to the Los Osos Valley Road Subarea Traffic Impact Fee Program to reflect current growth assumptions and remaining costs. • Adopt a Resolution updating the Citywide Traffic Impact Fee Program to reflect current growth assumptions and current project cost estimates. For more information, you are invited to contact Jake Hudson of the City's Public Works Department at (805) 781-7255 or by email at jhudson®slocity.org. • Introduce an Ordinance amending the Municipal Code' related to Tree Removals. (Section 12.24 030, 12.24 090, and 12,24.180) For more information, you are invited to contact Matt Horn of the City's Public Works Department at (805) 781-7191 or by email at mhorn®slocity.org. The City Council may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearings. Reports for this meeting will be available for review in the City Clerk's Office and online at www.slocity.org on Wednesday, June 26, 2019. Please call the City Clerk's Office at (805) 781- 7100 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on www,slocityorg. Teresa Purrington, City Clerk City of San Luis Obispo June 20, 2019 7/2/2019 Item 11 ‐ Staff Presentation 1 Los Osos Valley Road Subarea & Citywide Traffic Impact Fee Program Updates Development Impact Fees 101 - One-time charges to new development to fund Capital Improvements required to serve new development - Funds only capital costs, cannot be used for ongoing services or operating costs. - Impact Fee Programs are Governed by Mitigation Fee Act (Government Code Section 66000) - The Purpose & Use of the Fee has to be defined - Has to be a relationship or nexus between new development and Purpose/Use of the Fee - Fees have to be proportional to the need generated by new development. Why Are Fees Beneficial to New Development ? 1 2 7/2/2019 Item 11 ‐ Staff Presentation 2 Calle Joaquin Realignment Landscaping Los Verdes Settlement Auto Park Traffic Signal SB Ramp Metering Calle Joaquin Park & Ride Total Costs: $50,000,000 Expenditures: $33m Costs Moved to Citywide Fee: $12m Remaining Costs: $5m CHANGES IN FEE LOVR PROGRAM COSTS Current Fee Program (Pre-LUCE Landuse) Retail: 445,000 SQFT Hotel: 227 Rooms Business Park: 120 Acres Proposed Fee Program Retail: 145,000 SQFT Hotel: 120 Rooms Single-Family Res. : 143 Units Multi-Family Res. : 909 Units Life Plan Community: 136 Trips CHANGES IN LOVR FEE PROGRAM LANDUSE 3 4 7/2/2019 Item 11 ‐ Staff Presentation 3 Remaining Costs Remaining Trip Generation RECOMMENDED LOVR FEES (ie. Froom Ranch Life Plan Community) 5 6 7/2/2019 Item 11 ‐ Staff Presentation 4 CITYWIDE IMPACT FEE CLEANUP Updated Landuse Assumptions Updated Costs Infrastructure Project Prior Estimate New Estimate Reason for Increase 1.Orcutt & Tank Farm Roundabout PFFP Project #4 $1,700,000 $2,750,000 Project scope increased due to unanticipated drainage affects and corresponding design changes. 2.California & Tank Roundabout PFFP Project #9 $1,500,000 $1,750,000 Construction & Right of Way Costs Higher Than Preliminary Estimates. 3.Higuera & Tank Farm Int. Widening PFFP Project #7 $2,000,000 $2,300,000 Project scope increased to include design costs per Avila Ranch Development Agreement. 4.Higuera: Widening (Bridge to Elks) & Sidewalks (Vachell to City Limits) PFFP Project #13 $655,000 $1,007,688 Increased Costs. Project scope increased to include design and right of way costs per Avila Ranch Development Agreement Total Cost Increase: $1,952,688 7 8 7/2/2019 Item 11 ‐ Staff Presentation 5 RECOMMENDED CITYWIDE FEES Staff Recommendation 1. Introduce and Ordinance and adopt a Resolution to implement updates to the Los Osos Valley Road Subarea Traffic Impact Fee Program to reflect current growth assumptions and remaining costs. 2. Adopt a Resolution updating the Citywide Traffic Impact Fee Program to reflect current growth assumptions and current project cost estimates. 4.56.040 – Fees to be set by resolution Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the California Engineering News Record Construction Cost Index as published by the Depart of Governmental Services. The factor for the adjustment of the fees shall be calculated and established each January July by the director of Financefinancial services…. 1+Current Index – Base Index for Date of Adoption Base Index for Date of Adoption()1+ 9 10 RE'CETV; ;I-) JUL 15 201 L0 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 . FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident,of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, t0 -R' lt: in the year 2019. 1 certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, Cal-fc�rnia, this day �� of "r u .2019. Patricia Horton, New *rifnes Leg. s Ad lAdmiONTMG 0ff­:W;.SINr'_1S,Nb1i, N(a­;P,f rOr Pub Proof of Publication of r 7 1 r ORDINANCE NO. 1663 (2019 SERIES) Ary ORDINANCE OF TkiE Crit' COUNCIL OF THF CITY THE SAN k E MVT 1C LUIS OBISPO, PAL CODE ERN AMENDINGTO ESTABL4SFI AN UPDATED TRANSPORTATION DEVELOPMENT WFACT FEE PROGRAM FOR TkfE LOS OSOS VALLEY R040 • SUBAREA AND MAKE RELATED AND CONFORMING AM No.129M 1994 SERIFSIITo H+1CLU DENTSTO C if AFTER 4.56 E HF LOS AND ADO P1 FCIA EXEMPTION FINDIINGS T NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, California, at its Regular Meeting of July 2nd, Council Member Gomezzthe ,, second d byyordinancee titled Counc I Membertion Carlyn Christianson, and on the following roll call vote: AYES: Council Member Christianson, Gomez, Stewart, Vice Mayor Pease, and Mayor Harmon 14DES: None Ufdinance No, 166312,019 SoffP,10 -Th's is a City Ordinance t"t updates LOVR Subarea ano Citrivldo irAnsponatl o inrpact tae pfagrarrrs. Conslstonf with city pa y. res pro{Irarns will help ensure 11101 now dovelOPmenr cunuibutes its fair share to nooded irrlrastnrcture and public facilrtiss, rte single development iY burdened wide the lull m cost impl0mantlnyl ipact lee progranr prviKts• $"d helps to sustain the C1 YL aluality of life and pcpre"Ir vitality growth or:curs. Traffle Impacl Fees for the LMR xiub"(tly ProtlTam nre rarommanded to be reduced by . PP f,54e' for all land uses oxc0t for retail which is WOPosed to ofarn of b'! 23%Ornmcin4edcto 'i crease by Ppravdrnat iy SL5 cl poi, jar the CiiVwIde Program era recgm to 6% for all land uses. A full and comptere copy of She alar City C>QrsdlOfl cr is ar�ilobre for inspection and copy located at 00 palm Slreal. Sen Lull 01116170. CeliWF' e, or you nary call 18051761-7100 ter mon' inlornri0on• NOTICE IS HEREBY FURTHER GIVEN that the City Court(',] of Slee City of San Luis Obi9po will com4nt adoptln9 the nforonlantirknad ordinance at its Regular Walirig of ,luly. IGth, 2019 at 5:00 p.nJ•, v+h+ch will N held in 010 Council Chanibat, located tit Zgo Palm Street, San Luis Obispo. California. Teresa Purrington City Clerk July 11, 2019