HomeMy WebLinkAbout09_057 CC Resolution
RESOLUTION NO. 09-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE APPLICABLE
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
SCHEDULE FOR FY 2009-10
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 of Temecula (the "City") is a member agency of the Western
Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the
County of Riverside and fourteen cities located in Western Riverside County; and
B. The member agencies of WRCOG recognized that there was insufficient
funding to address the impacts of new development on the regional system of highways
and arterials in Western Riverside County (the "Regional System"); and
C. In order to address this shortfall, the member agencies formulated a plan
' whereby a transportation mitigation fee would be assessed on new development and
would be used to fund the necessary improvements for the Regional System; and
D. In furtherance of this plan, the WRCOG Executive Committee adopted the
"Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," date
October 18, 2002 (the 2002 Nexus Study"); and
E. Based on the 2002 Nexus Study, the City adopted Ordinance 03-01 on
January 28, 2003 pursuant to California Government Code sections 66000 et seq.
authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMF") upon
new development; and
F. On February 6, 2006 the WRCOG Executive Committee adopted the
'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study 2005
Update (the "Nexus Study") which served as a basis for the City Council to adopt
Ordinance 06-04, which amended the City' existing TUMF Ordinance on April 11, 2006;
and
G. Section 15.08.040 of the Temecula Municipal Code authorizes periodic
review and adjustment to the applicable TUMF in accordance with any adjustments
made by the WRCOG Executive Committee; and
H. On June 24, 2008, the City Council adopted Resolution No. 08-66,
amending the TUMF Schedule to maintain fee rates at FY 2007-08 levels.
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' I. On February 2, 2009 the WRCOG Executive Committee recommended
that member agencies, including the City of Temecula, adjust their applicable TUMF to
reflect decreases in the construction cost index as a result of the current economic
climate, thereby reducing the residential fee rates of the TUMF fee schedule and
maintaining at the same level the non-residential fee rates as the non-residential fee
rates adopted in FY 2008-09; and
J. The TUMF fees collected pursuant to this Resolution shall be used to
finance the public facilities described or identified in the Nexus Study; and
K. The findings set forth above are hereby adopted in support of this
Resolution. In addition, the City Council re-adopts the findings contained in Section
15.08.020 of the Temecula Municipal Code in support of the adjusted TUMF contained
herein; and
L. On June 9, 2009, the City Council held a duly noticed public hearing on
this Resolution.
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. In accordance with Section 15.08.040 of the
Temecula Municipal Code, the following fee schedule for the TUMF is hereby adopted
for FY 2009-10, which replaces the fee schedule set forth in Section 3 of Resolution No.
08-66 in its entirety:
"B. From July 1, 2009 to June 30, 2010 the fee schedule shall be as follows:
(1) $9,812.00 per single family residential unit
(2) $6,890.00 per multi-family residential unit
(3) $1.84 per square foot of an industrial project
(4) $9.99 per square foot of a retail commercial project
(5) $5.71 per square foot of a service commercial project
(6) $2.19 per square foot of a service Class A and B Office"
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
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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 6. Effective Date. This Resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 9th day of June, 2009.
Maryann Edwards, Mayor
ATTEST:
LL i
J
Susan W Jones, MMC
City Cler
' [SEAL]
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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. 09-57 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 9th day of June, 2009, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
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