HomeMy WebLinkAbout2009-04-28 City Council Item No. 13 CITY OF
LA E ��
LSINO E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 28, 2009
SUBJECT: AMENDMENT TO SECTION 16.83.040, PART A OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING THE
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF);
ADOPTION OF RESOLUTION SETTING TRANSPORTATION
UNIFORM MITIGATION FEE SCHEDULE
Background
In 2002, the Western Riverside Council of Governments (WRCOG) adopted the
Transportation Uniform Mitigation Fee (TUMF) Program pursuant to California
Government Code, Section 66000 et seq., the Mitigation Fee Act.
The TUMF Program was created in response to the significant growth of new
development in Riverside County. Faced with inadequate funding to improve the
regional transportation system to accommodate new development, the member
agencies of WRCOG developed the TUMF as a solution. The City of Lake Elsinore
adopted the TUMF Program on April 22, 2003 and, in 2007, amended Section
16.83.040 of the Municipal Code to reflect fee increases beginning in fiscal year 2007-
08 through fiscal year 2009 -10. The ordinance also provided that future fee changes
could be adopted by resolution.
Discussion
On February 2, 2009, the WRCOG Executive Committee approved an adjustment of the
TUMF in light of recent decreases in the cost of constructing the regional transportation
system. This adjustment was based on decreases to the Construction Cost Index
( "CCI ") which WRCOG has determined to more accurately reflect the cost of
constructing the regional transportation system which was identified in the TUMF Nexus
Study.
In order to conform with WRCOG's actions and the latest revised fee schedule, the City
will need to amend Section 16.83.040, Part A to eliminate the previously adopted 2009-
10 fee schedule. The new fee schedule will be implemented by resolution, thereby
alleviating the need for future amendments to the Section 16.83.040.
Agenda Item No. 13
Page 1 of 7
Amendment to Section 16.83.040, Part A of the LEMC; TUMF Resolution
April 29, 2009
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The reduction in fees range from relatively minor for residential units to significant for
retail commercial projects. A comparison is set forth below:
Original fee Proposed for Revised fee for 7/1/2009 -10
7/1/2009-10
Single family residential unit $10,046.00 $9,812.00
Multi- family residential unit $7,054.00 $6,890.00
Industrial project $2.35 per square foot $1.84 per square foot
Retail commercial project $12.94 per square foot $9.99 per square foot
Service commercial project $6.56 per square foot $5.71 per square foot
Class A and B Office $2.19 per square foot $2.19 per square foot
Overall, WRCOG believes that the proposed fee schedule will continue to maintain the
integrity of the TUMF Program by ensuring that there is sufficient funding to construct
the regional improvements necessitated by new development.
Fiscal Impact
None. Fees collected under the TUMF Program are remitted to WRCOG.
Recommendation
1) Approve the first reading of the attached Ordinance No. amending and
restating Section 16.83.040, Part A of the LEMC by title only and waive further
reading.
2) Adopt Resolution No. 2009- establishing the Transportation Uniform
Mitigation Fee Schedule beginning July 1, 2009.
Prepared By: Ken Seumalo, I
Director of Public Works
Approved By: Robert A. Brady, 40
City Manager
Attached: Ordinance
Resolution
Agenda Item No. 13
Page 2 of 7
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. 13
Page 3 of 7
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 28 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. 13
Page 4 of 7
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. 13
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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. 13
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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:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
Agenda Item No. 13
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