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HomeMy WebLinkAbout08-066 CC ResolutionO RESOLUTION NO. 08-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEf1flECULA AfIflENDING THE APPLICABLE TRANSPORTATION UNIFORI1fl 11AITIGATION FEE (TUfIflF) SCHEDULE TO IINAINTAIN FEE RATES AT FY 2007-08 LEVELS 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 O 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. 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 G. Section 15.08.040 of the Temecula Municipal Code authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments O made by the WRCOG Executive Committee; and R:/Resos 2008/Resos 08-66 H. On February 5, 2007 the WRCOG Executive Committee recommended that member agencies, including the City of Temecula, adjust their applicable TUMF to reflect increases in the construction cost index; and I. Based on the WRCOG Executive Committee's February 5, 2007 recommendation, the City Council adopted Resolution No. 07-34 entitled, 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" on April 24, 2007; and J. On April 7, 2008, the WRCOG Executive Committee recommended that member agencies not adjust their applicable TUMF to reflect increases in the construction cost index because of the current economic climate and to freeze TUMF fee rates at FY 2007-08 levels during FY 2008-09; and K. The TUMF fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and L. The findings set forth above are hereby adopted in support of this Resolution. In addition, the City Council re-adopts the findings contained in Section 15.08.020 in support of the adjusted TUMF contained herein; and O M. On June 24, 2008, 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 Temecula Municipal Code. Section 3. TUf1fiF Fee Schedule. In accordance with Section 15.08.040 of the Temecula Municipal Code, the following fee schedule for the TUMF is hereby adopted for FY 2008-09, which replaces the fee schedule set forth in Section 4(B) of Resolution No. 07-34 and maintains the TUMF fee rates at FY 2007-08 levels: "B. From July 1, 2008 to June 30, 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) $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 (8) $2.19 per square foot of a service Class A and B Office" Section 4. CEQA Findings. The City Council hereby determines, in a accordance with 14 Cal. Code Regs. Section 15061(b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation R:/Resos 2008/Resos 08-66 2 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 6. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. ~vv\ ~~\ Mich S. aggar, Mayor ATTEST: Susan Jones, M City CI r [SEAL] 0 R:/Resos 2008/Resos 08-66 3 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. 08-66 was duly'and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None O ~ w. Susan W R:/Resos 2008/Resos 08-66 4 City Clerk