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19-26 CC Resolution RESOLUTION NO. 19-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 15-73, THE "UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN-LIEU FEE" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Short Title. This Resolution may be referred to as the "Amended Uptown Temecula Specific Plan New Streets In-Lieu Fee Resolution"of the City of Temecula. Section 2. Procedural Findings. A. Keyser Marston Associates, Inc., ("Keyser Marston") prepared the "New Streets In-Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan ("Specific Plan") dated as of August 2015 ("2015 Nexus Study"). B. On January 12, 2016,the City Council adopted Ordinance No. 15-14 adding a new Chapter 15.20, Uptown Temecula Specific Plan New Streets In-Lieu Fee, to the Temecula Municipal Code.On December 8,2015,the City Council adopted Resolution No. 15-73 approving the methodology set forth in the 2015 Nexus Study and establishing the amount of the in-lieu fees. C. Staff subsequently requested that Keyser Marston update the 2015 Nexus Study to account for existing grandfathered uses requesting an expansion of their use, and other potential land uses that were not considered in the 2015 Nexus Study such as mini-storage, parking lots/structures,and other non-retail commercial uses. In February,2019,Keyser Marston prepared a"New Streets In-Lieu Fee Nexus Study Update" for the Uptown Temecula Specific Plan("2019 Updated Nexus Study"). D. Government Code Section 66000 et seq. allows local agencies to charge fees for various activities as long as those fees do not exceed the estimated reasonable costs of providing the service for which the fee is intended. E. Pursuant to Government Code Sections 66014, 66016 and 66018, the specific fees to be charged for certain regulations, services and products must be adopted by resolution, following notice and public hearing. F. On March 26, 2019, the City Council conducted a public meeting in compliance with Government Code section 66016, at which oral and written testimony could be presented regarding the Nexus Study and in lieu fees. G. At least ten (10) days prior to the public meeting referenced above, the City made available for public inspection information required under Government Code Section 66000, et seq. H. On April 23, 2019, the City Council conducted a duly noticed public hearing, at which time the public was invited to make oral and written presentations as part of the regularly scheduled meeting prior to the adoption of this Resolution. I. The City published notice of the public meeting and public hearing as described above in accordance with Government Code Sections 6062(a), 66014, 66016, 66017 and 66018 for the various in lieu fees. Written notice has been provided to interested parties who filed written requests for mailed notice of meetings on new or increased development-related fees or service charges. Section 3. Findings and Intent. The City Council finds, determines and declares that with respect to the new land use categories identified in Section 5: A. During the visioning process for the Specific Plan, the community identified the importance of improving the future viability of alternative transportation modes, including walking,biking and transit, and getting people out of their cars.The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area.As a result of this visioning recommendation,the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi-modal interconnected street network within the Specific Plan area, which improves circulation for vehicles,bicycles,pedestrian and transit. B. In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960's, and new development extended north and south of Old Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Jefferson Avenue is perceived by pedestrians as not very safe, comfortable or interesting. C. The future vision for Specific Plan Area is a vibrant, pedestrian-friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in the Specific Plan area is a key strategy to achieve a multi-modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. 2 D. The following objectives in the Specific Plan summarize how the Street,Block and Alley Design Guidelines of the Specific Plan will achieve improved multi-modal mobility, increased circulation, and better connectivity within the Specific Plan area. 1. Expand upon the existing street network to promote a walkable,pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3. Implement new east/west linkages within the Specific Plan area, across Interstate-15, and across Murrieta Creek. 4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the Specific Plan area. 5. Implement additional north/south linkages for vehicles,pedestrian, cyclists and transit,to connect the Specific Plan area to Old Town to the south,and Murrieta to the north. 6. Encourage the development of more logical block shapes,grid patterns,and smaller block sizes, to increase walkability and allow for enhanced way-finding. 7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets,blocks and alleys to the existing circulation network. E. It is the intent of the City to require every person who develops land within the Uptown Temecula Specific Plan Area to mitigate the impacts of that development by constructing or paying the In-Lieu Fee for the new streets required by that development as provided in the Specific Plan. F. Keyser Marston Associates (KMA) utilized the following methodology in conducting the 2019 Nexus Study and reaching its conclusions: 1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates and determined that no changes have occurred since 2015 when the Nexus Study was performed. 2. Reviewed updated build-out projections for the Specific Plan by land use type, i.e., dwelling units, office space, commercial space, and hotel rooms. 3. Reviewed comparable land and building sales values in the Temecula Valley. 3 4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. G. The 2019 Nexus Study concluded that the nexus-supported new streets in-lieu fee for residential uses is estimated at $12,001 per unit. The 2019 Nexus Study concluded that the nexus-supported new streets in-lieu fee for non-residential uses is estimated to range between $0.26 and$19.38 per square foot,depending on land use type. These in-lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan area and development and the nexus between the amount of such a fee and benefit to the development. H. the 2019 Nexus Study also concluded that implementing the full fee would potentially inhibit the feasibility of anticipated development in the Specific Plan area. As such, KMA recommends that the City consider an in-lieu fee estimated at one-half of the nexus- supported fee levels. I. There is a reasonable relationship between the streets to be paid for by the In-Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. Section 4. Changes for Certain Categories of In-Lieu Fees. Pursuant to the provisions set forth in Chapter 15.20, including without limitation, Section 15.20.030 of the Temecula Municipal Code, the City Council hereby amends Section 3 of Resolution No. 15-73 to decrease the in lieu fees for the following categories of land uses: A. Residential Unit fees will decrease from $6,351 to $6,000 per unit; B. Office Uses will decrease from $4.25 to $3.97 per square foot of gross building area; and C. Hotel Uses will decrease from$6.23 to $5.82 per square foot of gross building area. Section 5. Deletion of Certain Categories of In Lieu Fees. The City Council also hereby amends Section 3 of Resolution No. 15-73 to eliminate the in lieu fee land use category for Retail Uses. Section 6. New In Lieu Fee Land Use Categories. Pursuant to the provisions set forth in Chapter 15.20, including without limitation, Section 15.20.030 of the Temecula Municipal Code, the City Council hereby establishes and imposes the Uptown Temecula Specific Plan Street In-Lieu Fee within the Uptown Temecula Specific Plan Area for the following categories of land uses in the amounts of: A. $9.69 per square foot of gross building area for Commercial Uses; B. $2.74 per square foot of gross building area for Industrial Uses; C. $1.31 per square foot of gross building area for Mini-Storage Uses; and 4 D. $0.13 per square foot for parking lots and parking structures. Section 7. Amendments. Resolution No. 15-73 is in full force and effect, except as otherwise amended herein. In the event of any discrepancy between Resolution No. 15-73 and this Resolution, this Resolution will govern. Section 8. CEQA. The approval of the User Fees established in this Resolution does not constitute a"project" under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4)because such actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Section 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this Resolution which can be given effect without the invalid provisions or its application, and to this end the provisions of this Resolution are severable. Section 10. Effective Date. The reduction of fees for residential, office and hotel uses set forth in Section 4 of this Resolution shall become effective immediately. The in lieu fees established in Section 6 of this Resolution for commercial, industrial and mini-storage uses, and for parking lots and parking structures shall be effective sixty(60)days following the adoption of Ordinance No. 19-04. All other provisions of this Resolution shall take effect immediately. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of April, 2019. \X__ /A/L.-L. Michael S aggar, Mayor ATTEST: - Randi Johl, City lerk [SEAL] 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 19-26 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of April, 2019, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Rahn, Schwank, Stewart, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk I I