HomeMy WebLinkAbout2021-53 CC ResolutionRESOLUTION NO.2021-53
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
WHEREAS, the City of Temecula ("City") is a member agency of the Western Riverside
Council of Governments ("WRCOG"), a joint powers agency comprised of the County of
Riverside and eighteen cities located in Western Riverside County; and
WHEREAS, 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
WHEREAS, 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
WHEREAS, WRCOG, with the assistance of TUMF Program 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; and
WHEREAS, consistent with its previous findings made in the adoption of Resolution No.
2021-22 on April 27, 2021 the City Council has been informed and advised, and hereby finds, 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 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the City Council finds and determines that the cost estimates set forth in the
new 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; and
WHEREAS, the fees collected pursuant to the TUMF Ordinance shall be used to help pay
for the design, planning, construction of and real property 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;
WHEREAS, by notice duly given and published, the City Council set the time and place
for a public hearing on the 2016 Nexus Study and the fees proposed thereunder and at least ten
(10) days prior to this hearing, the City Council made the 2016 Nexus Study available to the public;
and
WHEREAS, at the time and place set for the hearing, the City Council duly considered
data and information provided by the public 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 hearing; and
WHEREAS, section 15.08.040 (A) 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
WHEREAS, on July 7, 2021, the WRCOG Executive Committee approved a TUMF
Construction Cost Index ("CCI") adjustment as presented by WRCOG stair; and
WHEREAS, on September 28, 2021, the City Council held a duly noticed public hearing
on the proposed TUMF at which time the City Council duly considered data and information
provided by the public 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
hearing; and
WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the
public facilities described or identified in the Nexus Study; and
WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in
accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines
and it has been determined that the adoption of this ordinance is exempt from CEQA pursuant to
Section 15061(b)(3) of the CEQA Guidelines as further described in Section 3 of this Resolution.
NOW, THEREFORE, the City Council of Temecula does resolve as follows:
SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in
support of this Resolution. In addition, the City Council re -adopts the findings contained in
Section 15.08.040 of the Temecula Municipal Code in support of the adjusted TUMF contained
herein.
SECTION 2. TUMF Schedule. In accordance with Section 15.08.040 (A) of the
Temecula Municipal Code, there is hereby adopted the following fee schedule for the TUMF which
replaces the fee schedule set forth in Section 2 of Resolution No. 2021-22 in its entirety as of
January 1, 2022.
From January 1, 2022, the fee schedule shall be as follows:
(1) $10,104.00 per single family residential unit
(2) $6,580.00 per multi -family residential unit
(3) $1.86 per square foot of an industrial project
(4) $7.72 per square foot of a retail commercial project
(5) $4.89 per square foot of a service commercial project
(6) $2.45 per square foot of a service Class A and B Office
SECTION 3. CEOA 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 Fee Schedule as described in
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 Resolution
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 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.
SECTION 4. Effective Date. This Resolution shall become on January 1, 2022.
F___�'
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 28th day of September, 2021.
9) � 6A � -0 �
Maryann Edwards, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
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. 2021-53 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 281h day of September, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
1
None
None
None
Randi Johl, City Clerk
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