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HomeMy WebLinkAbout2021-53 CC ResolutionRESOLUTION NO.2021-53 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 WHEREAS, the City of Temecula ("City") is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and eighteen cities located in Western Riverside County; and WHEREAS, 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 WHEREAS, 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 WHEREAS, WRCOG, with the assistance of TUMF Program participating jurisdictions, has prepared an updated Nexus Study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF participating jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and WHEREAS, consistent with its previous findings made in the adoption of Resolution No. 2021-22 on April 27, 2021 the City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential; and WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health, and welfare of the residential and non-residential users of the development in which the TUMF will be levied; and WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system. Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF; and WHEREAS, the City Council finds and determines that the cost estimates set forth in the new 2016 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development; and WHEREAS, the fees collected pursuant to the TUMF Ordinance shall be used to help pay for the design, planning, construction of and real property acquisition for the Regional System improvements and its facilities as identified in the 2016 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements; WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the 2016 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this hearing, the City Council made the 2016 Nexus Study available to the public; and WHEREAS, at the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, section 15.08.040 (A) 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 WHEREAS, on July 7, 2021, the WRCOG Executive Committee approved a TUMF Construction Cost Index ("CCI") adjustment as presented by WRCOG stair; and WHEREAS, on September 28, 2021, the City Council held a duly noticed public hearing on the proposed TUMF at which time the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and it has been determined that the adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as further described in Section 3 of this Resolution. NOW, THEREFORE, the City Council of Temecula does resolve as follows: SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. In addition, the City Council re -adopts the findings contained in Section 15.08.040 of the Temecula Municipal Code in support of the adjusted TUMF contained herein. SECTION 2. TUMF Schedule. In accordance with Section 15.08.040 (A) of the Temecula Municipal Code, there is hereby adopted the following fee schedule for the TUMF which replaces the fee schedule set forth in Section 2 of Resolution No. 2021-22 in its entirety as of January 1, 2022. From January 1, 2022, the fee schedule shall be as follows: (1) $10,104.00 per single family residential unit (2) $6,580.00 per multi -family residential unit (3) $1.86 per square foot of an industrial project (4) $7.72 per square foot of a retail commercial project (5) $4.89 per square foot of a service commercial project (6) $2.45 per square foot of a service Class A and B Office SECTION 3. CEOA 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 Fee Schedule as described in this Resolution is not a "project" within the meaning of Section 15378 and Section 15061(b)(3) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Resolution 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, not environmental impact assessment is necessary. SECTION 4. Effective Date. This Resolution shall become on January 1, 2022. F___�' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of September, 2021. 9) � 6A � -0 � Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 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. 2021-53 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 281h day of September, 2021, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: 1 None None None Randi Johl, City Clerk 5