HomeMy WebLinkAbout2025-13 CC Resolution RESOLUTION NO. 2025-13
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 AND FINDING THIS RESOLUTION EXEMPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. Findings. The City Council does hereby find, determine and declare 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
eighteen cities located in Western Riverside County.
B. 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.
C. 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
(Government Code Section 66000 et seq.) and adopted by the WRCOG
executive committee.
D. 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
Section 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the
fees. Based on the 2002 and 2009 Nexus Studies,the City Council adopted and
implemented ordinances amending Chapter 15.08 of the Temecula Municipal
Code and authorizing the city's participation in a TUMF program.
E. 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 Section 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. The City Council adopted and implemented an ordinance amending
Chapter 15.08 to reflect changes in the TUMF network and the cost of
construction in order to update the TUMF and adopt the 2016 Nexus Study.
F. In 2018, the TUMF Program was altered to adopt a process in which WRCOG
calculates and collects TUMF on behalf of member agencies under the Western
Riverside County Transportation Uniform Mitigation Fee Program Ordinance
of 2018. The City adopted an ordinance amending Chapter 15.08 and allowing
WRCOG to calculate and collect TUMF on behalf of the City.
G. WRCOG,with the assistance of TUMF Participating Jurisdictions,has prepared
an updated nexus study entitled"Transportation Uniform Mitigation Fee Nexus
Study:2024 Update"("2024 Nexus Study")pursuant to California Government
Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of
updating the fees. On September 9, 2024, the WRCOG Executive Committee
reviewed the 2024 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.
H. Consistent with its previous findings made in the adoption of ordinances
amending Chapter 15.08, 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 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.
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.
J. 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.
K. The City Council finds and determines that the cost estimates set forth in the
new 2024 Nexus Study are reasonable cost estimates for constructing the
Regional System improvements and the facilities that compromise the Regional
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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.
L. The fees collected pursuant to this Resolution 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 2024 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.
M. The city council finds and determines that the 2024 Nexus Study proposes a fair
and equitable method for distributing a portion of the unfunded costs of
improvements and facilities to the Regional System.
N. By notice duly given and published,the City Council set the time and place for
a public hearing on the 2024 Nexus Study and the fees proposed thereunder and
at least ten (10) days prior to this hearing, the City Council made the 2024
Nexus Study available to the public.
O. 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.
P. 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.
Q. On, February 11, 2025 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.
R. The fees collected pursuant to this Resolution shall be used to finance the public
facilities described or identified in the Nexus Study.
SECTION 2. Adoption of 2024 Nexus Study. The City Council hereby adopts the
"Transportation Uniform Mitigation Fee Nexus Study: 2024 Update" (2024 Nexus Study) and its
findings. The 2024 Nexus Study is attached and incorporated herein as Exhibit"A."
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SECTION 3. TUMF Schedule. In accordance with Section 15.08.040 of the Temecula
Municipal Code, there is hereby adopted the following fee schedule for the TUMF which
supersedes the fee schedules set forth in prior resolutions of the City Council, effective as of the
effective date of this Resolution as set forth in Section 5:
(1) $12,380 per single family residential unit 1,800 square feet or less.
(2) $13,927 per single family residential unit between 1,801 and 2,300 square feet.
(3) $15,476 per single family residential unit between 2,301 and 2,700 square feet.
(4) $19,344 per single family residential unit greater than 2,700 square feet.
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(5) $7,816 per multi-family residential unit.
(6) $2.33 per square foot of an industrial project.
(7) $7.72 per square foot of a retail commercial project.
(8) $4.89 per square foot of a service commercial project.
(9) $2.45 per square foot of a service Class A and B Office.
SECTION 4. CEQA Findings. The amendment to the Transportation Uniform
Mitigation Fee Schedule as described in this Resolution is not a "project" within the meaning of
Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of
CEQA. Section 15378(b)(4) of the CEQA Guidelines states that a project does not include 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. This Resolution 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,a Notice of Exemption will 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, no environmental impact assessment is necessary.
SECTION 5. Judicial Review. In accordance with State law, any judicial action or
proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within
the time limits set forth in Government Code Section 66022.
SECTION 6. Effective Date. This Resolution shall become effective sixty (60) days
following its adoption.
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 w day of February, 2025.
Brenden Kalfus, Mayor
ATTEST.
Randi Jo , ity Clerk
[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. 2025-13 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 11th day of February, 2025, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Kalfus, Rahn, 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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