HomeMy WebLinkAbout2024-50 CC ResolutionRESOLUTION NO.2024-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RECONFIRMING THE AUTOMATIC
ANNUAL FEE ADJUSTMENT IN THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN LOCAL DEVELOPMENT
MITIGATION FEE APPLICABLE TO ALL
DEVELOPMENTS IN THE PLAN AREA PURSUANT TO
TEMECULA MUNICIPAL CODE SECTION 15.10.050.D
AND MAKING CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS (LR24-0185)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Recitals.
(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 eighteen 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
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 adopted Resolution 2021-18
approving and adopting the updated "Western Riverside County Multiple Species Habitat
Conservation Plan Nexus Fee Study Update," dated October 2020.
(e) Chapter 15.10 of the Temecula Municipal Code, the "Western Riverside
County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance," was adopted
pursuant to California Government Code Sections 66000 et seq. and authorizes the City Council
to impose the Local Development Mitigation Fee upon new development.
(f) Section 15.10.050.A. of the Temecula Municipal Code authorizes the City
to adopt an applicable Local Development Mitigation Fee schedule by resolution.
(g) Resolution No. 2021-18 adopted the MSHCP Local Development
Mitigation Fee.
(h) Section 15.10.050.13 of the Temecula Municipal Code provides for an
Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing
Agreement:
"D. 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 this
chapter as set forth in the MSHCP Mitigation Fee Implementation Manual."
(i) Additionally, Section 8 of Resolution No. 2021-18 provides for an
Automatic Annual Fee Adjustment in accordance with the RCA's MSHCP Implementing
Agreement:
"Section 8. 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 this Resolution as set forth in the
MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local
Development Mitigation Fee Ordinance."
0) Pursuant to Section 15.10.050 of the Temecula Municipal Code, Section 8
of Resolution No. 2021-18, RCA's MSHCP Mitigation Fee Implementation Manual and past
practice, the MSHCP Local Development Mitigation Fee adjusts annually by the change in the
Consumer Price Index (CPI). RCA has determined that based on the CPI increase for Riverside —
San Bernardino — Ontario, CA, that the MSHCP fees will increase 2.878% effective July 1, 2024.
RCA has provided the City with revised MSHCP fees as provided in Section 3.
(k) The fees collected pursuant to this Resolution shall be used to finance the
public facilities described or identified in the 2020 Nexus Study. The MSHCP fees the City collects
are pass -through payments. The City collects the payment at time of Building permit issuance and
then passes through those payments to RCA, on or before the 30th day of the month following the
date the fee payment was received.
Section 2. California Environmental Quality Act Findings. The City Council of
the City of Temecula does hereby make the following environmental findings and determinations
in connection with the adoption of the Local Development Mitigation Fee:
(a) The Local Development Mitigation Fee adopted by this Resolution is not
subject to the requirements of CEQA and the City's CEQA Guidelines pursuant to Section
21080(b)(8) of the California Public Resources Code and Section 15273 of the CEQA Guidelines
because CEQA does not apply to the establishment, modification, structuring, restructuring, or
approval of rates, tolls, fares, or other charges by public agencies which the public agency finds
are for the purpose of (a) meeting operating expenses, including employee wage rates and fringe
benefits or (b) obtaining funds for capital projects necessary to maintain service within existing
service areas.
(b) Further, on a separate and independent basis, the Local Development
Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the
City's CEQA Guidelines pursuant to Section 15378(b)(4) of the State CEQA Guidelines because
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the creation of government funding mechanisms or other government fiscal activities, which do
not involve any commitment to any specific project which may result in a potentially significant
physical impact on the environment, is not a "project" for purposes of CEQA.
(c) Further, on a separate and independent basis, the Local Development
Mitigation Fee adopted by this Resolution is not subject to the requirements of CEQA and the
City's CEQA Guidelines because it implements the Fee as adopted by Resolution No. 2021-18.
Section 3. Adoption of Adiusted Local Development Mitigation Fee. Based on the
foregoing, the City Council of the City of Temecula does hereby amend Section 5 of Resolution
No. 2021-18 to read as follows:
"A. For the period of July 1, 2024 to June 30, 2025, the Local Development Mitigation
Fee shall be as follows:
WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR FISCAL YEAR 2025
(EFFECTIVE JULY 1, 2024, TO JUNE 30, 2025)
Fee Category
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$4,358
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling
unit)
$1,817
Residential density greater than 14.0 dwelling units per acre (fee per dwelling
unit)
$803
Commercial (fee per acre)
$19,615
Industrial (fee per acre)
$19,615
"13. In the event this Resolution and Resolution No. 2021-18 are not further amended by July
1, 2025, the Local Development Mitigation Fee shall be the fee set forth in Section 5 of Resolution
No. 2021-18."
Section 4. Effective Date of the Adiusted Local Development Mitigation Fee. The
adjusted Local Development Mitigation Fee established by Section 3 of this Resolution shall be
effective on July 1, 2024.
Section 5. Effect on Resolution No. 2021-18. Except as provided in Section 3 of
this Resolution, all other terms and provisions of Resolution No. 2021-18 shall remain in full force
and effect.
Section 6. Severability. This Resolution and the various parts, sections, and clauses
thereof, are hereby declared to be severable. 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 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. 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 Resolution No. 2021-18 shall each be revived and shall
continue for the life of the MSHCP until modified by resolution of the City Council.
Section 7. 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 11 th day of June, 2024.
James Stewart, Mayor
[SEAL]
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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. 2024-50 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I I th day of June, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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