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HomeMy WebLinkAboutR-11029 amending Los Osos Valley Road Subarea Transportation Impact Fee ProgramR 11029 RESOLUTION NO. 11029 (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 identified funding for this purpose; and Resolution No. 11029 (2019 Series) Page 2 R 11029 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, 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 1663 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 Exhibit 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. Resolution No. 11029 (2019 Series) Page 3 R 11029 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 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. Resolution No. 11029 (2019 Series) Page 4 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 Exhibit A 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. On motion of Council Member Gomez, seconded by Council Member Christianson, and on the following vote: AYES: Council Members Christianson, Gomez, and Stewart, Vice Mayor Pease and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 2"d day %J T -1 -gni o ATTEST: eresa Purrington City Clerk APPROVED iristine Dietrick Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 1 I day of , 2019. eresa Purrington v City Clerk R 11029 Resolution No. 11029 (2019 Series) Page 5 EXHIBIT A R 11029 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.