HomeMy WebLinkAbout98-040 CC ResolutionRESOLUTION NO. 98-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF T!~iECULA ESTABLISHING ~ AMOUNT TO BE
PAID FOR MITIGATION OF IMPACTS ON PUBLIC
FAC~JTIES FROM NON-RESIDENTIAL DEVELOPM~N'I~
FOR WHICH DEI~SrI~ WERE PAID TO THE CITY
CITY COUNCIL OF THE CITY OF T]~MECULA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds, determines, and declares that:
a. Prior to the adoption of development impact fees in May 1997, the City of
Temecula entered into contractual agreements with developers of non-residential development
within the City. Under these agreements, developers agreed to pay deposits of $2 per square foot
not to exceed a total deposit of $10,000 for each development.
b. The California Supreme Court, in Russ Bldg. Pannership v. City and County of San
Franc/sco, 44 Cal.3d 839 (1988), held that it was proper for a city to condition development on
the payment of mitigation fees, the amount of which is to be adopted by the city at a later date.
d. The purpose of requiring the payment of mitigation fees is to ensure that developers
pay their fair share of the cost of public facilities necessitated by development.
e. The City Council hereby determines that the impacts on public facilities created by
non-residential development have been mitigated substantially by the economic benefits derived
from such development.
f. The City Council therefore has determined that the mitigation fees due from such
development shall be adjusted on account of general fund revenue generated by such development,
a percentage of which has been used for public facilities.
SECTION 2. The City Council hereby adopts the amounts set forth in Exhibit A, attached hereto
and incorporated herein by this reference, as the amounts due pursuant to the contractual
agreements between the City and developers of non-residential development regarding public
facilities mitigation.
SECTION 3.
a. Any developer who is obligated to pay the amounts set forth in Exhibit A may
apply for a further fee reduction in the manner set forth in Section 15.06.050 of the Temecula
Municipal Code, except that any applications for a fee reduction pursuant to this Resolution must
be made within ninety (90) days after the adoption of this Resolution.
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b. To the extent that the mount of the deposit paid to the City by a developer is
greater than the amount set forth in Exhibit A, the City Manager is authorized and directed to
refund the excess amount to the developer.
c. The City Manager is hereby authorized to enter into and execute such further
agreements and documents, including adopting a payment schedule for developers who are
obligated to pay additional public facilities mitigation fees, as are necessary or convenient to
implement this Resolution.
PASSED, lPlltOVEn, AND ADOPTED, by the City Council of the City of Temecula this 12th
day of May, 1998.
~~~,~,Mayor
ATTEST:
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 9840 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 12th day of May, 1998, by the following vote:
3 COUNCILMEMBERS: Comerchero, Stone, Roberts
NOES:
2 COUNCILMEMBERS: Ford, Lindemans
ABSENT: 0 COUNCILMEMBERS: None
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