HomeMy WebLinkAbout06-030 CC Resolution
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RESOLUTION NO. 06-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE TRANSPORTATION
UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO
ALL DEVELOPMENTS IN THE CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Findings. The City Council of the City of Temecula hereby finds
and determines that:
A. The City is a Member Agency of the Western Riverside Council of
Governments ('WRCOG"), a joint powers agency consisting of the City, the County of
Riverside, and the thirteen Cities situated in Western Riverside County. Acting in
concert, the Member Agencies of WRCOG 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 on future residential, commercial and industrial
development. As a Member Agency ofWRCOG, the City participated in the preparation
of a certain ''Western Riverside County Transportation Uniform Mitigation Fee Nexus
Study," dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California
Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus
Study, the City adopted and implemented an ordinance authorizing its participation in a
Transportation Uniform Mitigation Fee Program.
B. WRCOG with the assistance of its member agencies have now
prepared an updated ''Western Riverside County Transportation Fee Nexus Study"
("Nexus Study") pursuant to California Government Code Section 66000 et seq., the
Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03-
01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and
was codified in Chapter 15.08 of the Temecula Municipal Code.
C. Consistent with its previous findings made in the adoption of
Ordinance No. 03-01, the City Council has been informed and advised, and hereby
finds, that future development within Western Riverside County and the Cities therein
will result in traffic volumes exceeding the capacity of the Regional System as it
presently exists.
D. Consistent with its previous findings made in the adoption of
Ordinance No. 03-01, the City Council has been further informed and advised, and
hereby finds, that if the capacity of the Regional System is not enlarged, the result will
be substantial traffic congestion in all parts of Western Riverside County and the City,
with unacceptable Levels of Service throughout Western Riverside County by 2030.
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E. The City Council has been further advised, and so finds that
funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be
inadequate to fund construction of the Regional System. Absent an update of the
"Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing
and known future funding sources will be inadequate to provide necessary
improvements to the Regional System, resulting in an unacceptably high level of traffic
congestion within and around Western Riverside County and the City.
F. The City Council has reviewed the Nexus Study, and hereby finds
that future development within the County and City will substantially adversely affect the
Regional System, and that unless such development contributes to the cost of
improving the Regional System, the Regional System will operate at unacceptable
Levels of Service.
G. The City Council hereby finds and determines that the failure to
mitigate growing traffic impacts on the Regional System within Western Riverside
County and the City will substantially impair the ability of public safety services (police
and fire) to respond. The failure to mitigate impacts on the Regional System will
adversely affect the public health, safety and welfare.
H. The City Council further funds and determines that there is
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 projects on
which the TUMF will be levied.
I. 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 development will be mitigated in part by
the payment of the TUMF.
J. The City Council further finds and determines that the cost
estimates set forth in the Nexus Study are reasonable cost estimates for constructing
the Regional System improvements, 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.
K. The City Council further finds that the cost estimates set for in the
Nexus Study are reasonable cost estimates for the facilities that comprise the Regional
System; and that TUMF program revenues to be generated by new development will
not exceed the total fair share of these costs.
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L. The fees collected pursuant to Chapter 15.08 of the Temecula
Municipal Code shall be used to help pay for the construction and acquisition of the
Regional System improvements identified in the Nexus Study. The need for the
improvements is related to new development because such development results in
additional traffic thus creating the demand for the improvements.
M. The City Council finds that the Nexus Study proposes a fair and
equitable method for distributing a portion of the unfunded costs of improvements to the
Regional System.
N. The City Council hereby adopts the Nexus Study and incorporates
it herein as though set forth in full.
O. Section 15.08.040.A of the Temecula Municipal Code provides that
the TUMF shall be set by resolution adopted by the City Council.
P. On March 28, 2006, the City Council held a duly notice public
hearing on this Resolution and the Nexus Study.
a. At said public hearing, the City Council duly considered that data
and information provided by the public relative to the cost of the services for which the
fees are proposed and all other comments, whether written or oral, submitted prior to
the conclusion of the hearing.
Section 2. Definitions. The terms of this Resolution shall have the same
meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code.
Section 3. TUMF Fee Schedule
A. There is hereby adopted the following TUMF fee schedule:
(1) $9,693.00 per single family residential unit
(2) $6,806.00 per multi-family residential unit
(3) $2.27 per square foot of an industrial project
(4) $12.49 per square foot of a retail commercial project
(5) $6.33 per square foot of a service commercial project
(6) $2.11 per square foot of a Class A Office project until June 30, 2007
plus any CCI adjustments that may occur
(7) $2.11 per square foot of a Class B Office project until June 30, 2007
plus any CCI adjustments that may occur
B. For non-residential projects, the fees set forth in Section 3.A. shall be
phased in as follows:
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From July 1,2006 to June 30, 2007, the fee schedule shall be as follows:
(1) $1.58 per square foot of an industrial project
(2) $8.51 per square foot of a retail commercial project
(3) $5,28 per square foot of a service commercial project
(4) $2.11 per square foot of a Class A Office project and Class B Office
project until June 30, 2007 plus any CCI adjustments that may occur
From July 1, 2007 to June 30, 2008, the fee schedule shall be as follows:
(1) $1.81 per square foot of an industrial project
(2) $9.83 per square foot of a retail commercial project
(3) $5.63 per square foot of a service commercial project
From July 1, 2008 to June 30, 2009, the fee schedule shall be as follows:
(1) $2.04 per square foot of an industrial project
(2) $11.16 per square foot of a retail commercial project
(3) $5.98 per square foot of a service commercial project
From July 1, 2009, the fee schedule shall be as follows:
(1) $2.27 per square foot of an industrial project
(2) $12.49 per square foot of a retail commercial project
(3) $6.33 per square foot of a service commercial project
Section 4. CEQA 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
Fees as described in this Resolution is not a "project" within the meaning of Section
15378 of the CEQA Guidelines, and is therefore exempt from the requirements of
CEQA. The Resolution, in conjunction with Ordinance No. 06-04, 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, no environmental impact
assessment is necessary.
Section 5. Ordinance No. 03-01. This Resolution supersedes the fee
provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the T emecula Municipal
Code, provided Ordinance No. 06-04 is not declared invalid or unenforceable by a court
of competent jurisdiction, If, for whatever reason, Ordinance 06-04 is declared invalid or
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unenforceable by a court of competent jurisdiction, Ordinance No. 03-01, codified in
Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances,
resolution and policies relating to the TUMF shall remain in full force and effect.
Nothing in this Resolution shall relieve any person of any obligations incurred pursuant
to Ordinance No. 03-01.
Section 6. Effective Date. This Resolution shall become effective July 1,
2006; provided, however, this Resolution shall not become effective unless Ordinance
No. 06-04 also becomes effective.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 28th day of March, 2006.
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Ronald H. Roberts, Mayor
ATTEST:
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[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06-30 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 28th day of March, 2006, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 0
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
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Comerchero, Edwards, Naggar,
Washington, Roberts
None
None
None
tJ
. Jones, MMC
City Clerk