HomeMy WebLinkAboutCity Council Agenda Item No. 10CITY OF
LADE LSIHOR E
DREAM EXTREMEn
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: May 12, 2009
SUBJECT: SECOND READING — AMENDMENT TO SECTION 16.83.040,
PART `A' OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING THE TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF)
Discussion
The above - referenced Ordinance was introduced at a regular City Council meeting on
April 28, 2009, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt the attached Ordinance entitled:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AMENDING SECTION 16.83.040, PART 'A' OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION
UNIFORM ITIGATION FEE (TUMF).
Prepared By: Ken Seumalo, 0
Director of Public Works
Approved By: Robert A. Brady
City Manager
Attachments: Ordinance
Resolution
Agenda Item No. 10
Page 1 of 6
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND
RESTATING SECTION 16.83.040, PART A OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING THE
TRANSPORTATION UNIFORM MITIGATION FEE
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1. That 16.83.040, Part A, of the Lake Elsinore Municipal Code is
hereby amended and restated in its entirety as follows:
A. Adoption. The schedule of fees shall be adopted by resolution.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 3. This Ordinance shall take effect on the later of July 1, 2009 or thirty
(30) days after the date of its final passage or such later date as may be designated by
the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this day of 2009.
MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
Agenda Item No. 10
Page 2 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the 28t day of April 2009, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the day of 2009 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
2 Agenda Item No. 10
Page 3 of 6
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ESTABLISHING THE TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS
IN THE CITY OF LAKE ELSINORE
WHEREAS, the City of Lake Elsinore ( "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
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, in furtherance of this plan, the WRCOG Executive Committee
adopted the "Western Riverside County Transportation Uniform Fee Nexus Study ",
dated October 18, 2002 (the "2002 Nexus Study "); and
WHEREAS, based on the 2002 Nexus Study, the City adopted Ordinance 1096
pursuant to California Government Code sections 66000 et seq. authorizing the City to
impose the Transportation Uniform Mitigation Fee ( "TUMF ") upon new development;
and
WHEREAS, on February 6, 2006, the WRCOG Executive Committee adopted
the 'Western Riverside Transportation Fee Nexus Study 2005 Update" (the "Nexus
Study ") which served as a basis for the City Council to adopt an amended TUMF BY
way of Ordinance No. 1178; and
WHEREAS, Section 16.83.040 of the Lake Elsinore Municipal Code ( "LEMC ")
authorizes periodic review and adjustment to the applicable TUMF in accordance with
any adjustments made by the WRCOG Executive Committee; and
WHEREAS, on February 2, 2009, the WRCOG Executive Committee
recommended that member agencies adjust their applicable TUMF to reflect decreases
in the construction cost index as a result of the current economic climate; 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.
Agenda Item No. 10
Page 4 of 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER 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 16.83.020 in support of the adjusted TUMF contained herein.
SECTION 2. TUMF Fee Schedule In accordance with Section 16.83.040, Part
A, there is hereby adopted the following fee schedule for the TUMF:
(1) $9,812.00 per single family residential unit
(2) $6,890.00 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
SECTION 3. CEQA Findings The City Council hereby finds that in
accordance with the California Environmental Quality Act ( "CEQA ") and the CEQA
Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section
15061(b)(3).
SECTION 4. Effective Date This Resolution shall become effective on July 1,
2009.
PASSED, APPROVED AND ADOPTED on this 28th day of April, 2009.
ROBERT MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
Agenda Item No. 10
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2009- was adopted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 28th day of April 2009, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
DEBORA THOMSEN
CITY CLERK
Agenda Item No. 10
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