HomeMy WebLinkAbout2021-18 CC ResolutionC RESOLUTION NO.2021-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN LOCAL DEVELOPMENT
MITIGATION FEE PURSUANT TO CHAPTER 15.10 OF
THE TEMECULA MUNICIPAL CODE
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 declare that:
A. The City of Temecula ("City") is a member agency of the Western Riverside
County Regional Conservation Authority ("RCA"), a joint powers agency comprised of the
County of Riverside and the 18 cities located in western Riverside County.
B. The member agencies of RCA recognized that a habitat conservation plan is
necessary to provide special protections for vegetation communities and natural areas containing
habitat values to prevent future endangerment of the plant and animal species impacted by new
G development in western Riverside County.
C. In order to address these issues, the member agencies formulated a plan called the
Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP") whereby
a mitigation fee would be assessed on new development and would be used to fund the
implementation of the MSHCP.
D. In furtherance of the MSHCP, the City is approving and adopting the updated
"Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study", dated
October 2020 (the "2020 Nexus Study"), a copy of which is on file in the Office of the City Clerk.
E. Based on the 2020 Nexus Study, the City will amend Chapter 15.10 of the
Temecula Municipal Code, Western Riverside County Transportation Uniform Mitigation Fee
Program. Chapter 15.10, as it now exists and as it will be amended, authorizes the City to impose
the Local Development Mitigation Fee upon new development, pursuant to California Government
Code sections 66000 et seq. ("Chapter 15.10").
F. Chapter 15.10 of the Temecula Municipal Code authorizes the City to adopt an
applicable Local Development Mitigation Fee schedule by resolution.
G. The fees collected pursuant to this Resolution shall be used to finance the public
facilities described or identified in the 2020 Nexus Study.
C H. The levying of Local Development Mitigation Fee has been reviewed by the City
Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the
State CEQA Guidelines and it has been determined that the adoption of this Resolution is exempt
from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections
15273 and 15378(b)(4) of the State CEQA Guidelines.
1. The preservation of vegetation communities and natural areas within western
Riverside County which support species covered by the MSHCP is necessary to protect and
promote the health, safety, and welfare of all the residents of the City by reducing the adverse
direct, indirect, and cumulative effects of urbanization and development and providing for
permanent conservation of habitat for species covered by the MSHCP.
J. It is necessary to establish a mitigation fee to ensure that all new development
within the City pays its fair share of the costs of acquiring and preserving vegetation communities
and natural areas within the City and the region which are Imown to support plant and wildlife
species covered by the MSHCP.
K. A proper funding source to pay the costs associated with mitigating the direct,
indirect and cumulative impacts of development to the natural ecosystems within the City and the
region, as identified in the MSHCP, is a development impact fee for residential, commercial, and
industrial development. The amount of the fee is determined by the nature and extent of the impacts
from the development to the identified natural ecosystems and or the relative cost of mitigating
such impacts.
L. The MSHCP and the 2020 Nexus Study provides a basis for the imposition of
C development impact fees on new construction.
M. The use of the development impact fees to mitigate the impacts to the City's and
the region's natural ecosystems is reasonably related to the type and extent of impacts caused by
development within the City.
N. The costs of funding the proper mitigation of natural ecosystems and biological
resources impacted by development within the City and the region are apportioned relative to the
type and extent of impacts caused by the development.
O. The facts and evidence provided to the City establish that there is a reasonable
relationship between the need for preserving the natural ecosystems in the City and the region, as
defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems
and biological resources created by the types of development on which the fee will be imposed,
and that there is a reasonable relationship between the fee's use and the types of development for
which the fee is charged. This reasonable relationship is described in more detail in the MSHCP
and the 2020 Nexus Study.
P. The cost estimates for mitigating the impact of development on the City's and the
region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable
and will not exceed the reasonably estimated total of these costs.
Q. The fee set forth herein does not reflect the entire cost of the lands which need to
C be acquired in order to implement the MSHCP and mitigate the impact caused by new
development. Additional revenues will be required from other sources. The City Council finds
that the benefit to each development project is greater than the amount of the fee to be paid by the
C project.
R. The fees collected pursuant to this Resolution shall be used to finance the
acquisition and perpetual conservation of the natural ecosystems and certain improvements
necessary to implement the goals and objectives of the MSHCP.
I
S. Pursuant to Government Code sections 66016, 66017, and 66018, the City has: (a)
made available to the public, at least ten (10) days prior to its public hearing, data indicating the
estimated cost required to provide the facilities and infrastructure for which these development
fees are levied and the revenue sources anticipated to provide those facilities and infrastructure;
(b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have
requested notice of new or increased development fees; and (c) held a duly noticed, regularly
scheduled public hearing on April 13, 2021 at which public comments were received regarding the
proposed fee.
Section 2. Local Development Mitigation Fee. There is hereby adopted the Local
Development Mitigation Fee schedule as set forth below:
MSHCP Local Development Mitigation Fee Schedule
Effective July 1, 2021 through December 31, 2021
Fee Category
Fee
Residential density less than 8.0 dwelling
units per acre (fee per dwelling unit)
$2,935
Residential density between 8.0 and 14.0
dwelling units per acre (fee per dwelling unit)
$1,473
Residential density greater than 14.0 dwelling
units per acre (fee per dwelling unit)
$670
Non-Residemial/Commereial (fee per acre)
$11,982
Industrial (fee per acre)
$11,982
MSHCP Local Development Mitigation Fee Schedule
Effective January 1, 2022
Fee Category
Fee
Residential density less than 8.0 dwelling
$3,635
units per acre (fee per dwelling unit)
III
Residential density between 8.0 and 14.0
dwelling units per acre (fee per dwelling unit)
$1,515
Residential density greater than 14.0 dwelling
units per acre (fee per dwelling unit)
$670
Non-Residential/Commercial (fee per acre)
$16,358
Industrial (fee per acre)
$16,358
Section 3. Collection Fee Schedule There is hereby adopted an administrative fee in
addition to the Local Development Mitigation Fee schedule to reimburse the City for the costs of
collecting and remitting the fees from project proponents ("Administrative Fee"). The
Administrative Fee shall be fifteen dollars and forty-five cents ($15.45) for each payment of the
Local Development Mitigation Fee. The Administrative Fee shall be increased annually for
inflation on July I" of each year, beginning July 1, 2022, by the percentage change in the Consumer
Price Index for All Urban Consumers (CPI-U): Riverside -San Bemardino-Ontario (or any
successor index). The calculation for that annual adjustment shall be made using the month of
April over the month of April in the prior year. The Council finds that the Administrative Fee is
not greater than the reasonable costs to the City of collecting, processing, and remitting the Local
Development Mitigation Fees from project proponents.
Section 4. Periodic Fee Adjustment. The Local Development Mitigation Fee
schedule set forth above may be periodically reviewed and the amounts adjusted as set forth in the
MSHCP Mitigation Fee Implementation Manual adopted pursuant to Chapter 15.08.
Section 5. Automatic Annual Fee Adjustment. In addition to the Periodic Fee
Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee
adjustment for the Local Development Mitigation Fee established by Chapter 15.08 as set forth in
the MSHCP Mitigation Fee Implementation Manual adopted pursuant to Chapter 15.08.
Section 6. Adoption of 2020 Nexus Study. The City Council hereby adopts the 2020
Nexus Study and its findings.
Section 7. CEQA Findings. The City Council hereby finds that in accordance with
CEQA and the State CEQA Guidelines the adoption of this Resolution is exempt from CEQA
pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and
15378(b)(4) of the State CEQA Guidelines.
Section 8. Severability.
A. This Resolution and the various parts, sections, and clauses thereof, are hereby
declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged
C unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any
part, sentence, paragraph, section, or clause of this Resolution, or its application to any person
entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect
C only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and
shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or
clauses of this Resolution, or its application to other persons or entities. The City Council hereby
declares that this Resolution would have been adopted had such unconstitutional or invalid part,
sentence, paragraph, section, or clause of this Resolution not been included herein; or had such
person or entity been expressly exempted from the application of this Resolution.
B. If the fees collected for the conservation of the land, including the monitoring and
management thereof, are later adjudged by a final unappealable judgment of a court of competent
jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted
pursuant to Ordinance No. 03-14, under the prior Nexus Studies, shall each be revived and shall
continue for the life of the MSHCP.
Section 9. Effective Date. This Resolution shall become effective on July 1,
2021.
Section 10. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 13th day of April, 2021.
CI
Maryann Edwards, Mayor
ATTEST
Randi oh , ty Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Job], City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-18 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 13" day of April, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
L