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HomeMy WebLinkAbout17-47 CC Resolution RESOLUTION NO. 17-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE 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 does hereby find, determine and declares as follows: A. 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 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies 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 ('TUMF") on future residential, commercial and industrial development. As a Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Fee Nexus Study," dated October 18, 2002 (the "2002 Nexus Study") prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) and adopted by the WRCOG Executive Committee. The City also participated in the second major update of the TUMF network entitled the 'Transportation Uniform Mitigation Fee Nexus Study; 2009 Update' ("2009 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. Based on the 2002 and 2009 Nexus Studies, the City adopted and implemented ordinances authorizing the City's participation in a TUMF Program. B. WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled 'Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016 Nexus Study') pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program. C. Consistent with its previous findings made in the adoption of Ordinance No. 10-02, the City Council has been informed and advised, and hereby finds and determines, that if the capacity of the Regional System is not enlarged and unless development ' contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Resos 17-47 1 Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional ' System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential. D. The City Council finds and determines that there is a 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 in which the TUMF will be levied. E. 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 developments will be mitigated in part by payment of the TUMF. F. The City Council finds and determines that the cost estimates set forth in the 2016 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, 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. G. The fees collected pursuant to Chapter 15.08 of the Temecula Municipal Code shall be used to help pay for the design, planning, construction of and real acquisition for the Regional System improvements and its facilities as identified in the 2016 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements. H. The City Council finds and determines that the 2016 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system. I. The City Council adopted the Transportation Uniform Mitigation Fee Nexus Study: 2016 Update and its findings, a true, correct and complete copy of which is attached to Ordinance No. 17-05 as Exhibit A, and incorporated herein. J. Section 15.08.040.C, Fee Adjustment, 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. ' K. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2016 Nexus Study. Resos 17-47 2 ' L. 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 Fee Program as described in Ordinance 17-05 and the fees adopted pursuant thereto by this Resolution is not a "project" within the meaning of Section 15378 and Section 15061(b)(3) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Program 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 Program 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, not environmental impact assessment is necessary. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3). M. On August 8, 2017, the City Council held a duly noticed public hearing on the 2016 Nexus Study, the amendments to Chapter 15.08, and the fees set forth in this Resolution. The public hearing was duly noticed at least ten (10)days prior to this hearing and the City Council made the 2016 Nexus Study available to the public during this period. ' N. The City Council duly considered data and information provided by the public at the public hearing relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the public hearing. Section 2. TUMF Schedule. In accordance with Section 15.08.040.C., Fee Adjustment, of the Temecula Municipal Code, there is hereby adopted the following fee schedule and phasing schedule for the TUMF, which supersedes the fee schedule set forth in Resolution No. 10-05: A. There is hereby adopted the following TUMF fee schedule: No. Fee Amount Land Use Type 1 $ 9,418.00 per single family residential unit 2 $ 6,134.00 per multi-family residential unit 3 $ 1.77 per square foot of an industrial project 4 $ 7.50 per square foot of a retail commercial project 5 $ 4.56 per square foot of a service commercial project 6 $ 2.19 per square foot of a service Class A and B Office B. For single-family residential and retail commercial projects only, the fees set forth in Section 2.A above shall be phased in as follows: Resos 17-47 3 From November 1, 2017 to June 30, 2019, the fee schedule shall be as ' follows: No. Fee Amount Land Use Type 1 $ 8,873.00 per single family residential unit 2 $ 6,134.00 per multi-family residential unit 3 $ 1.77 per square foot of an industrial project 4 $ 7.50 per square foot of a retail commercial project effective July 11, 2017 5 $ 4.5 per square foot of a service commercial project 6 $ 2.19 per square foot of a service Class A and B Office From July 1, 2019 to June 30, 2020, the fee schedule shall be as follows: No. Fee Amount Land Use Type 1 $ 9,146.00 per single family residential unit 2 $ 6,134.00 per multi-family residential unit 3 $ 1.77 per square foot of an industrial project 4 $ 7.50 per square foot of a retail commercial project effective July 11, 2017 5 $ 4.56 per square foot of a service commercial project 6 $ 2.19 per square foot of a service Class A and B Office ' C. The fee of $7.50 per square foot of a retail commercial project shall be effective as of July 11, 2017. The retail commercial project component of TUMF was reduced and became effective on July 11, 2017 which is the date immediately following adoption of the retail commercial project component by the WRCOG Executive Committee on July 10, 2017. Section 3. Except for the retail commercial project component of TUMF, the terms of this Resolution shall become effective on the effective date of Ordinance No. 17-05, which date is not less than sixty (60) days from the adoption of this Resolution. The TUMF of $7.50 per square foot of a retail commercial project shall be effective as of July 11, 2017. 1 Resos 17-47 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of August, 2017. aryann Edwards, Mayor ATTEST: - JW7— Randi Joh , ity Clerk [SEAL] r Resos 17-47 5 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 Resolution No. 17-47 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of August, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Comerchero, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Naggar ABSENT: 1 COUNCIL MEMBERS: Rahn Randi Johl, City Clerk 1 1 Resos 17-47 6