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HomeMy WebLinkAbout05-01 CC Ordinance I I I ORDINANCE NO. 05-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A); SECTION 6(B), AND SECTION 11 OF THE TEMECULA MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION (TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM) THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOllOWS: Section 1: Chapter 15.08, Section 4(A) of the Municipal Code of the City of Temecula is hereby amended to read as follows: 4. Establishment of the Transportation Uniform Mitigation Fee (A) Adoption. There is hereby adopted the following schedule of fees: $ 7,248 per Single-Family Residential Unit $ 5,021 per Multi-Family Residential Unit $ 1.58 per Square Foot of Gross Floor Area of an Industrial Project $ 8.51 per Square Foot of Gross Floor Area of a Retail Commercial Project $ 5.28 per Square Foot of Gross Floor Area of a Service Commercial Project Section 2: Chapter 15.08, Section 6(B) of the Municipal Code of the City of Temecula is hereby amended to read as follows: 6. Procedures for the Levy, Collection and Disposition of Fees (B) Payment ofthe fees. i. The fees shall be paid at the time a building permit is issued for the Development Project. ii. For non-residential projects the fees shall be phased-in as follows: From April 1, 2005 to June 30, 2005, the fee schedule shall be: $0.52 per Square Foot of Gross Floor Area of an Industrial Project $2.83 per Square Foot of Gross Floor Area of a Retail Commercial Project $1.75 per Square Foot of Gross Floor Area of a Service Commercial Project From July 1, 2005 to June 30, 2006, the fee schedule shall be: $1.05 per Square Foot of Gross Floor Area of an Industrial Project $5.67 per Square Foot of Gross Floor Area of a Retail Commercial Project $3.52 per Square Foot of Gross Floor Area of a Service Commercial Project On July 1, 2006 and thereafter, the fee schedule shall be: $1.58 per Square Foot of Gross Floor Area of an Industrial Project R:/Ords 2005/0rds 05-01 I I I iii. $8.51 per Square Foot of Gross Floor Area of a Retail Commercial Project $5.28 per Square Foot of Gross Floor Area of a Service Commercial Project The fees required to be paid shall be the fee amounts in effect at the time of payment. iv. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. v. Fees shall not be waived. vi. After April 1, 2005, fee adjustments shall be established by resolution as adopted by the City Council. Section 3: Chapter 15.08, Section 11 of the Municipal Code of the City of Temecula is hereby amended to read as follows: 11. Effective Date The provisions of this Ordinance shall take effect on April 1 , 2005. Section 4. The potential improvements to be funded through the TUMF program represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based upon this fact, the City Council hereby finds that the adoption of this ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. PASSED, APPROVED, AND ADOPTED, by the City Council of e City of Temecula this 11th day of January, 2005. ATTEST: 0. ~ R:/Ords 2005/0rds 05-01 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 11th day of January, 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of January 2005, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None ABSTAIN: o COUNCILMEMBERS: None R:/Ords 2005/0rds 05-01 3 Edwards, Naggar, Roberts, Washington, Susan W. J