HomeMy WebLinkAbout96-119 CC Resolution RESOLUTION NO. 96-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE TEMIECULA VALLEY
SCHOOL DISTRICTIS RESIDENTIAL DEVELOPM[ENT
FACILITIES E%IPACT MITIGATION PLAN AND SETTING
THE APPROPRIATE MITIGATION FEE CAP
AS, rapid population growth in recent years in the City of Temecula ("City") has
resulted in large increases in the numbers of students that the Temecula Valley Unified School
District ("District") is required to educate, and has resulted in the need to enlarge existing school
facilities and construct new facilities to house the students in accordance with the policies of the
District and standards specified by state law; and
WHEREAS, new students impacting existing school facilities are due primarily to
residential uses (except senior citizen development); and
WHEREAS, adequate school facilities are a benefit to both new development and the
community at large, and are a necessary component of the City's social and infrastructure systems;
and
WHEREAS, the State Legislature has declared that financing the construction of school
facilities is the responsibility of the State of California; and
WHEREAS, the State of California has been unable to adequately fulfill its obligation for
funding such additional school facilities and has shifted the primary responsibility for financing
of school facilities to local school districts, which, under Chapter 887, Statutes 1986, ("School
Facilities Law of 1986"), may establish developer mitigation fees for residential, commercial and
industrial uses, and may establish MeUo-Roos Community Facilities Districts to provide for school
plant facilities financing as authorized and limited by the laws of the State of California; and
WHEREAS, the combination of state school bond monies, school district imposed
developer fees, local school bond measures, and other sources of financing have generally been
inadequate to provide for the enlargement and construction of school plant facilities sufficient to
adequately house new students in accordance with the minimum standards set forth by the State
of California; and
WHEREAS, school funding sources under current state laws and available funding are
oriented toward the provision of interim school facilities, and a need exists to fund permanent K-
12 school facilities, including facilities for the special education needs of special or disadvantage
students; and
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WHEREAS, the City, pursuant to the California Environmental Quality Act ("CEQA"),
has the authority to review development proposals for impacts on School Facilities; and
WHEREAS, pursuant to decisions reached in Mira Development Comoration v. City of
San Dieg!2, 205 Cal. App. 3d 1201 (1988), William S., -- ' School District v. Regional
Planning Commission, 226 Cal. App. 3d 1612 (1991), and Murrieta Valley Unified School
District v. County of Riverside, 228 Cal. App. 3d 1212 (1991) interpreting the School Facilities
Law of 1986, the City has the authority to condition legislative acts including general plan
amendments, specific plans and amendments thereto, and changes of zone, if it finds that the
impacts on school facilities have not been mitigated to a level of insignificance; and
WHEREAS, the provision of a quality school system to educate the residents of the City
of Temecula is important to the City's future; and
WHEREAS, the Temecula Valley Unified School District requested that the City of
Temecula adopt a resolution providing a program to provide full funding for school facilities from
some types of development; and
WHEREAS, the City Council included language in the Growth Management and Public
Facility Element of General Plan concerning the mitigation of school facility impacts; and
WHEREAS, the City Council adopted Resolution 95-36 which established a Program to
mitigate the impact of new residential development on the public school facilities within the City;
and
WHEREAS, the Temecula Valley Unified School District prepared and submitted a
Mitigation Plan in conformance with the provision of Resolution 95-36; and,
WHEREAS, the City of Temecula has had an independent analysis prepared to evaluate
the District's submitted Mitigation Plan; and,
WHEREAS, the independent evaluation confirmed that the reasonableness of the District's
proposed Mitigation Plan and the costs of constructing new school facilities; and,
WHEREAS, the District's submitted Mitigation Plan meets the provisions of Resolution
95-36; and,
WHEREAS, noticed public hearings before the Planning Commission were conducted
on July 15, 1996 and August 5, 1996, at which time interested persons had an opportunity to
testify either in support or opposition; and
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S, the Planning Commission approved the Mitigation Plan and recommended
that the City Council establish a mitigation fee of $9,213 for each new detached residential unit
and $6,644 for each new attached residential unit; and
WHEREAS, notice of the proposed mitigation plan was posted at City Hall, County
Library, Rancho California Branch, the U.S. Post Office, and Temecula Valley Chamber of
Commerce; and
WHEREAS, a public hearing were conducted on September 10, 1996, at which time
interested persons had an opportunity to testify either in support or opposition.
NOW, THEREFORE, UIE CITY COUNCIL FOR THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Enviromnental Review The City Council has determined that the Residential
Development Impact Mitigation Plan submitted by the Temecula Valley Unified School District
does not have the potential to cause an alteration, or have a significant impact on the physical
environment. Because all future specific school projects, that may result from the funds raised
under the Mitigation Plan, will undergo the appropriate level of environmental review when
specific sites and designs are known. As a result, the project is exempt from California
Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Section 2. Plan Approval The Residential Development Facilities Impact Mitigation
Plan submitted by the Temecula Valley Unified School District is approved subject the provisions
of Section 2. This approval shall remain in effect until such time as it is amended or repealed by
the City Council.
Section 3. Mtigation Fee Cap The School Facility Impact Mitigation Fee for detached
residential units shall be $9,213. The School Facility Impact Mitigation Fee for attached
residential units shall be $6,644. These fees shall be in effect until such time as the fee is
increased, decreased, or rescinded by the City Council.
Section 4. Certification The City Clerk shall certify the adoption of this Resolution.
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Section 5. PASSED, APPROVED, AND ADOPTED, this 10 day of September, 1996.
ATTEST:
June @@k, CMC, City Cfe-rk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
1, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 96-119 was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 10th day of September, 1996 by the following vote:
AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Ford, Lindemans
S. Greek, CNRC, City Clerk
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