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HomeMy WebLinkAbout07-034 CC Resolution I I I RESOLUTION NO. 07-34 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 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 of Temecula (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 fourteen cities located in Western Riverside County; and B. The member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the "Regional System"); and C. In order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and D. In furtherance of this plan, the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," date October 18, 2002 (the 2002 Nexus Study"); and E. Based on the 2002 Nexus Study, the City adopted Ordinance 03-01 on January 28, 2003 pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMF") upon new development; and F. The Council readopts the findings contained in Section 15.08.020 of the Temecula Municipal Code in support of the adjusted TUMF contained herein; and G. On February 6, 2006 the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study 2005 Update (the "Nexus Study") which served as a basis for the City Council to adopt Ordinance 06-04, which amended the City' existing TUMF Ordinance on April 11 , 2006; and R:/Resos 2007/Resos 07.34 I I I H. Section 15.08.040 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; and I. On February 5, 2007 the WRCOG Executive Committee recommended that member agencies adjust their applicable TUMF to reflect increases in the construction cost index; and J. The increase of the construction cost index reflects the increased cost of construction of the public facilities authorized by the Nexus Study; and K. The adjusted fee collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and L. On April 24, 2007 the City Council held a duly noticed public hearing on this Resolution. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the T emecula Municipal Code. Section 3. TUMF Fee Schedule. In accordance with Section 15.08.040 of the Temecula Municipal Code, the City hereby amends and increases the TUMF so that they currently are as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office Section 4. TUMF Fee Schedule Phasing. Notwithstanding the fee schedule set forth in Section 3 of this Resolution, the TUMF Fee Schedule shall be phased in as follows: A. From July 1, 2007 to June 30, 2008 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $1.84 per square foot of an industrial project (4) $9.99 per square foot of a retail commercial project (5) $5.71 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office B. follows: From July 1, 2008 through June 30, 2009 the fee schedule shall be as R:/Resos 2007/Resos 07.34 2 I I I (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.09 per square foot of an industrial project (4) $11.46 per square foot of a retail commercial project (5) $6.14 per square foot of a service commercial project (6) Class A and B Office TBD C. From July 1, 2009 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) Class A and B Office TBD Section 5. 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. 2007. Section 6. Effective Date. This Resolution shall become effective on July 1, R:/Resos 2007/Resos 07.34 3 I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April, 2007. ~ huck Washinton, Mayor ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07-34 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of April, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None None ABSTAIN: 0 COUNCIL MEMBERS: None . Jones, MMC City Clerk I R:/Resos 2007/Resos 07.34 4