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HomeMy WebLinkAbout96-119 CC Resolution RESOLUTION NO. 96-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMIECULA VALLEY SCHOOL DISTRICTIS RESIDENTIAL DEVELOPM[ENT FACILITIES E%IPACT MITIGATION PLAN AND SETTING THE APPROPRIATE MITIGATION FEE CAP AS, rapid population growth in recent years in the City of Temecula ("City") has resulted in large increases in the numbers of students that the Temecula Valley Unified School District ("District") is required to educate, and has resulted in the need to enlarge existing school facilities and construct new facilities to house the students in accordance with the policies of the District and standards specified by state law; and WHEREAS, new students impacting existing school facilities are due primarily to residential uses (except senior citizen development); and WHEREAS, adequate school facilities are a benefit to both new development and the community at large, and are a necessary component of the City's social and infrastructure systems; and WHEREAS, the State Legislature has declared that financing the construction of school facilities is the responsibility of the State of California; and WHEREAS, the State of California has been unable to adequately fulfill its obligation for funding such additional school facilities and has shifted the primary responsibility for financing of school facilities to local school districts, which, under Chapter 887, Statutes 1986, ("School Facilities Law of 1986"), may establish developer mitigation fees for residential, commercial and industrial uses, and may establish MeUo-Roos Community Facilities Districts to provide for school plant facilities financing as authorized and limited by the laws of the State of California; and WHEREAS, the combination of state school bond monies, school district imposed developer fees, local school bond measures, and other sources of financing have generally been inadequate to provide for the enlargement and construction of school plant facilities sufficient to adequately house new students in accordance with the minimum standards set forth by the State of California; and WHEREAS, school funding sources under current state laws and available funding are oriented toward the provision of interim school facilities, and a need exists to fund permanent K- 12 school facilities, including facilities for the special education needs of special or disadvantage students; and Resos\96-119 WHEREAS, the City, pursuant to the California Environmental Quality Act ("CEQA"), has the authority to review development proposals for impacts on School Facilities; and WHEREAS, pursuant to decisions reached in Mira Development Comoration v. City of San Dieg!2, 205 Cal. App. 3d 1201 (1988), William S., -- ' School District v. Regional Planning Commission, 226 Cal. App. 3d 1612 (1991), and Murrieta Valley Unified School District v. County of Riverside, 228 Cal. App. 3d 1212 (1991) interpreting the School Facilities Law of 1986, the City has the authority to condition legislative acts including general plan amendments, specific plans and amendments thereto, and changes of zone, if it finds that the impacts on school facilities have not been mitigated to a level of insignificance; and WHEREAS, the provision of a quality school system to educate the residents of the City of Temecula is important to the City's future; and WHEREAS, the Temecula Valley Unified School District requested that the City of Temecula adopt a resolution providing a program to provide full funding for school facilities from some types of development; and WHEREAS, the City Council included language in the Growth Management and Public Facility Element of General Plan concerning the mitigation of school facility impacts; and WHEREAS, the City Council adopted Resolution 95-36 which established a Program to mitigate the impact of new residential development on the public school facilities within the City; and WHEREAS, the Temecula Valley Unified School District prepared and submitted a Mitigation Plan in conformance with the provision of Resolution 95-36; and, WHEREAS, the City of Temecula has had an independent analysis prepared to evaluate the District's submitted Mitigation Plan; and, WHEREAS, the independent evaluation confirmed that the reasonableness of the District's proposed Mitigation Plan and the costs of constructing new school facilities; and, WHEREAS, the District's submitted Mitigation Plan meets the provisions of Resolution 95-36; and, WHEREAS, noticed public hearings before the Planning Commission were conducted on July 15, 1996 and August 5, 1996, at which time interested persons had an opportunity to testify either in support or opposition; and Resos\96-119 2 S, the Planning Commission approved the Mitigation Plan and recommended that the City Council establish a mitigation fee of $9,213 for each new detached residential unit and $6,644 for each new attached residential unit; and WHEREAS, notice of the proposed mitigation plan was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office, and Temecula Valley Chamber of Commerce; and WHEREAS, a public hearing were conducted on September 10, 1996, at which time interested persons had an opportunity to testify either in support or opposition. NOW, THEREFORE, UIE CITY COUNCIL FOR THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Enviromnental Review The City Council has determined that the Residential Development Impact Mitigation Plan submitted by the Temecula Valley Unified School District does not have the potential to cause an alteration, or have a significant impact on the physical environment. Because all future specific school projects, that may result from the funds raised under the Mitigation Plan, will undergo the appropriate level of environmental review when specific sites and designs are known. As a result, the project is exempt from California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 2. Plan Approval The Residential Development Facilities Impact Mitigation Plan submitted by the Temecula Valley Unified School District is approved subject the provisions of Section 2. This approval shall remain in effect until such time as it is amended or repealed by the City Council. Section 3. Mtigation Fee Cap The School Facility Impact Mitigation Fee for detached residential units shall be $9,213. The School Facility Impact Mitigation Fee for attached residential units shall be $6,644. These fees shall be in effect until such time as the fee is increased, decreased, or rescinded by the City Council. Section 4. Certification The City Clerk shall certify the adoption of this Resolution. Resos\96-119 3 Section 5. PASSED, APPROVED, AND ADOPTED, this 10 day of September, 1996. ATTEST: June @@k, CMC, City Cfe-rk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96-119 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of September, 1996 by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Ford, Lindemans S. Greek, CNRC, City Clerk Resos\96-119 4