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HomeMy WebLinkAbout06-030 CC Resolution I I I RESOLUTION NO. 06-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. The City is a Member Agency of the Western Riverside Council of Governments ('WRCOG"), a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency ofWRCOG, the City participated in the preparation of a certain ''Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus Study, the City adopted and implemented an ordinance authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. WRCOG with the assistance of its member agencies have now prepared an updated ''Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03- 01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and was codified in Chapter 15.08 of the Temecula Municipal Code. C. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. R:/Resos 2006/Resas 06-30 I I I E. The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further funds and determines that there is reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. K. The City Council further finds that the cost estimates set for in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. R:/Resos 2006lResos 06-30 2 I I I L. The fees collected pursuant to Chapter 15.08 of the Temecula Municipal Code shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. O. Section 15.08.040.A of the Temecula Municipal Code provides that the TUMF shall be set by resolution adopted by the City Council. P. On March 28, 2006, the City Council held a duly notice public hearing on this Resolution and the Nexus Study. a. At said public hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code. Section 3. TUMF Fee Schedule A. There is hereby adopted the following TUMF fee schedule: (1) $9,693.00 per single family residential unit (2) $6,806.00 per multi-family residential unit (3) $2.27 per square foot of an industrial project (4) $12.49 per square foot of a retail commercial project (5) $6.33 per square foot of a service commercial project (6) $2.11 per square foot of a Class A Office project until June 30, 2007 plus any CCI adjustments that may occur (7) $2.11 per square foot of a Class B Office project until June 30, 2007 plus any CCI adjustments that may occur B. For non-residential projects, the fees set forth in Section 3.A. shall be phased in as follows: R:/Resos 2006lResos 06-30 3 I I I From July 1,2006 to June 30, 2007, the fee schedule shall be as follows: (1) $1.58 per square foot of an industrial project (2) $8.51 per square foot of a retail commercial project (3) $5,28 per square foot of a service commercial project (4) $2.11 per square foot of a Class A Office project and Class B Office project until June 30, 2007 plus any CCI adjustments that may occur From July 1, 2007 to June 30, 2008, the fee schedule shall be as follows: (1) $1.81 per square foot of an industrial project (2) $9.83 per square foot of a retail commercial project (3) $5.63 per square foot of a service commercial project From July 1, 2008 to June 30, 2009, the fee schedule shall be as follows: (1) $2.04 per square foot of an industrial project (2) $11.16 per square foot of a retail commercial project (3) $5.98 per square foot of a service commercial project From July 1, 2009, the fee schedule shall be as follows: (1) $2.27 per square foot of an industrial project (2) $12.49 per square foot of a retail commercial project (3) $6.33 per square foot of a service commercial project Section 4. CEQA Findings. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061 (b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation Fees as described in this Resolution is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Resolution, in conjunction with Ordinance No. 06-04, establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. Section 5. Ordinance No. 03-01. This Resolution supersedes the fee provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the T emecula Municipal Code, provided Ordinance No. 06-04 is not declared invalid or unenforceable by a court of competent jurisdiction, If, for whatever reason, Ordinance 06-04 is declared invalid or R:/Resos 2006lResos 06-30 4 I unenforceable by a court of competent jurisdiction, Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances, resolution and policies relating to the TUMF shall remain in full force and effect. Nothing in this Resolution shall relieve any person of any obligations incurred pursuant to Ordinance No. 03-01. Section 6. Effective Date. This Resolution shall become effective July 1, 2006; provided, however, this Resolution shall not become effective unless Ordinance No. 06-04 also becomes effective. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of March, 2006. ~~(J-- Ronald H. Roberts, Mayor ATTEST: I [SEAL] I R:/Resos 2006lResos 06-30 5 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-30 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of March, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: R:/Resos 2006lResos 06-30 6 Comerchero, Edwards, Naggar, Washington, Roberts None None None tJ . Jones, MMC City Clerk