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.