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HomeMy WebLinkAbout15-14 CC Ordinance ORDINANCE NO. 15-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN-LIEU FEE, AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. Keyser Marston Associates prepared a New Streets In-Lieu Fee Nexus Study for Uptown Temecula Specific Plan, dated August, 2015 (the "Fee Study"), that analyzes the impact of development within the Uptown Temecula Specific Plan Area on the need for certain street improvements and calculated the in-lieu fee based on that analysis. B. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, ' indicating the cost of estimated cost of the streets to be funded, the revenue sources anticipated and means of spending these costs. C. On November 17, 2015, the City Council held a duly noticed open and public meeting, at which it considered the proposed adoption of the in-lieu fee for streets within the Uptown Temecula Specific Plan Area ("In-Lieu Fee"). The Fee Study, which contains data indicating the estimated cost, required to provide the streets for which the In-Lieu Fee would be levied and the revenue sources anticipated to provide the service, was made available to the public at least ten days prior to the date of this City Council meeting. D. On November 17, 2015, the City Council held a duly noticed public hearing regarding the adoption of the In-Lieu Fee and this Ordinance. Following the receipt of all staff reports, public testimony and other evidence, the public hearing was continued to the December 8, 2015 City Council meeting. E. On November 17, 2015 the Council adopted Resolution No. 15-65 certifying the Environmental Impact Report for the Uptown Temecula Specific Plan and adopting the Mitigation and Monitoring Program ("EIR"). The EIR analyzed the environmental impacts of the streets proposed by the Specific Plan which streets were proposed to be funded by the In-Lieu Fee. The City staff has evaluated the potential environmental impacts of the adoption of this specific Ordinance, pursuant to the ' California Environmental Quality Act ("CEQA"). City staff has determined that these actions do not constitute a "project' under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government Ords 15-14 1 funding mechanism for public improvements that have been fully analyzed under the ' EIR. In addition, City Staff has determined that these actions are categorically exempt from CEQA under CEQA guidelines Section 15273(a)(4) because these actions and documents are merely establishing an in-fee to obtain funds for public improvements that have been fully analyzed by the EIR. F. All prerequisites to the adoption of this Ordinance as specified by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have been satisfied. Section 2. Chapter 15.20, Uptown Temecula Specific Plan New Streets In- Lieu Fee, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN- LIEU FEE 15.20.010 Findings and Intent 15.20.020 Definitions 15.20.030 In-Lieu Fees and In-Lieu Fee Credits ' 15.20.040 Establishment and Administration of Uptown Temecula Specific Plan New Streets In-Lieu Fee Fund 15.20.050 Payment 15.20.060 Severability 15.20.010 Findings and Intent. The City Council finds, determines and declares that: A. During the visioning process for the Uptown Temecula Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi-modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit. B. In towns prior to World War II, streets were commonly designed to ' accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth Ords 15-14 2 accelerated during the 1960's, and new development extended north and south of Old ' Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Temecula Avenue is perceived by pedestrians as not very safe, comfortable or interesting. C. The future vision for Specific Plan Area is a vibrant, pedestrian-friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Temecula Specific Plan area is a key strategy to achieve a multi-modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. D. The following objectives in the Specific Plan summarize how the Street, ' Block and Alley Design Guidelines of the Specific Plan will achieve improved multi- modal mobility, increased circulation and better connectivity within the specific plan area. 1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3. Implement new east/west linkages within the specific plan area, across Interstate-15, and across Murrieta Creek. 4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. 5. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6. Encourage the development of more logical block shapes, grid patterns, ' and smaller block sizes, to increase walkability and allow for enhanced way-finding. Ords 15-14 3 7. Encourage greater intersection density by incentivizing the construction of ' additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. E. It is the intent of the City to require every person who develops land within the Uptown Temecula Specific Plan Area to mitigate the impacts of that development by constructing or paying the In-Lieu Fee for the new streets required by that development as provided in the Specific Plan. F. Keyser Marston Associates, Inc., prepared the "New Streets In-Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan dated as of August, 2015 ("Nexus Study"). Keyser Marston utilized the following methodology in conducting the Nexus Study and reaching its conclusions: 1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates. 2. Reviewed build-out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. ' 3. Reviewed comparable land and building sales values in the trade area. 4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. 5. Evaluated the potential economic impact of the new streets in-lieu fee on new development. G. The Nexus Study concluded that the nexus-supported new streets in-lieu fee for residential uses is estimated at $12,701 per unit. The Nexus Study concluded that the nexus-supported new streets in-lieu fee for non-residential uses is estimated to range between $8.50 and $19.87 per square feet (SF). These in-lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. H. There is a reasonable relationship between the streets to be paid for by the In-Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Temecula Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. Ords 15-14 4 15.20.020 Definitions ' For the purposes of this chapter, the following words shall have the meanings set forth below: A. "Developer" shall mean the person who has applied for land use entitlements for a project within the Specific Plan Area subject to the applicable requirements of the City's Zoning Ordinance in Title 17 of this Code. B. "Hotel Uses' shall include those uses as specified in Chapter 3, of the Specific Plan. C. "In-Lieu Fee" shall mean the Uptown Temecula New Streets In-Lieu Fee established by Resolution of the City Council pursuant to this Chapter. D. "Office Uses' shall include those uses as specified in Chapter 3, of the Specific Plan. E. 'Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. F. "Residential Uses' shall include those uses as specified in Chapter 3, of ' the Specific Plan. G. "Retail Uses' shall include those uses as specified in Chapter 3, of the Specific Plan. H. "Specific Plan Area" shall mean the entire area of the City subject to the Uptown Temecula Specific Plan. I. "Streets" means those new streets and roads designated in the Specific Plan. J. "Study" means the "New Streets In-Lieu Fee Nexus Study' for the Uptown Temecula Specific Plan dated as of August 2015 prepared by Keyser Marston Associates, Inc. 15.20.030 In-Lieu Fees and In-Lieu Fee Credits A. The City Council shall by resolution establish and impose the Uptown Temecula Specific Plan New Streets In-Lieu Fee ("In-Lieu Fee"). B. The In-Lieu Fee shall include an annual escalator based upon an appropriate construction cost index that shall be designated in the Resolution of the City ' Council establishing the In-Lieu Fee. Ords 15-14 5 C. Every person who develops a Hotel Use, Office Use, Residential Use and ' Retail Use, or a combination thereof, in the Specific Plan Area after the effective date of the Ordinance adopting this chapter shall pay to the City the In-Lieu Fee pursuant to this Chapter. D. The Director of Community Development shall calculate the In-Lieu Fee applicable to the proposed project and notify the developer. Developer may appeal the calculation of the In-Lieu Fee as part of the decision on its application for land use approvals and pursuant to the procedures for appeal of a decision on such application. E. In the event that a developer develops a Hotel Use, Office Use, Residential Use or Retail Use, or a combination thereof, and constructs the Streets required for such uses by the land use approval, the developer shall be entitled to a credit on In-Lieu Fees applicable to its development in the amount of the actual costs for the design, design, right of way and construction of the streets within the time called for in the project's land use entitlements. City shall enter into an improvement agreement with developer that will guarantee completion of the design, right of way and construction of such streets within a specified period of time, provide for the estimate of such work and appropriate securities based thereon and such other matters as the City Manager deems necessary to implement the street work required for the development. City Manager shall be authorized to enter into such agreements on behalf of the City. ' F. In the event that the design, right of way and construction costs for the new street to be constructed by the developer will exceed the total In-Lieu Fee amount for the proposed project, the developer may apply for full or partial reimbursement of such costs from the Uptown Temecula New Streets In-Lieu Fee Fund, to the extent that sufficient money is available in such fund to cover such costs. City Manager shall be authorized to enter into such reimbursement agreements with the developer on behalf of the City. G. The developer may apply to the Director of Community Development for a determination that in the event that its proposed development project will have no impact on the streets for which the In-Lieu Fee would be charged and that such project should be exempted from the In-Lieu Fee. The Director of Community Development may approve, conditionally approve, or deny the owner's application. Developer may appeal the calculation of the In-Lieu Fee as part of the decision on its land use application and pursuant to the procedures for appeal of a land use decision. 15.20.040 Establishment and Administration of Uptown Temecula Specific Plan New Streets In-Lieu Fee Fund A. The Finance Director shall establish a special interest-bearing fund entitled "Uptown Temecula Specific Plan New Streets In-Lieu Fee Fund." All fees collected pursuant to this Chapter shall be deposited in this fund and shall be expended ' on the design, right of way, and construction, or a combination thereof, of the new streets designated in Specific Plan for the Specific Plan Area. Ords 15-14 6 B. The Finance Director shall report to the City Council the amounts in the Uptown Temecula Specific Plan New Streets In-Lieu Fee Fund and the expenditures made from the Fund, in the form and frequency required by law. 15.20.050 Payment A. The required In-Lieu Fee shall be due and paid on a lump-sum basis on the date of issuance of a building permit, final building inspection, or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State law. B. For the purposes of this section, "final building inspection" shall mean the physical inspection of the building by the Building & Safety Division of the Community Development Department of the City of Temecula for compliance with all applicable building codes and the issuance by all applicable City, county, regional, state and federal agencies of their respective clearances for occupancy. C. For the purposes of this section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all applicable provisions of the Temecula Municipal Code, ordinances and conditions of approval. ' 15.20.060 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, Mayor ATTES . andi Qtl, Cit rk ' [SEAL] Ords 15-14 7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of December, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2016, the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ' Randi Johl, City Clerk 1 Ords 15-14 8