HomeMy WebLinkAboutCC Reso No 2009-15RESOLUTION NO. 2009-15
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 Govemment 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 "VVestern 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
~i DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findinqs. 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 Findinsts. The City Council hereby finds that in
accordance with the California Environmental Quality Act ("CEQA") and the CEQA
I Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section
I 15061(b)(3).
SECTION 4. Effective Date. This Resolution shall become effective on July 1,
2009.
PASSED, APPROVED AND ADOPTED this 2 h day of April, 2009.
ROBERT MAGEE, YOR
' CITY OF LAKE E INORE
AT~EST:-
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DEBORA THOMSEN, CMC
CITY CLERK
A&RBARA VED AS TO~M:
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CITY ATTORNEY
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. 2009-15 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: Mayor Robert Magee, Mayor Pro Tem Melissa Melendez,
Councilwoman Amy Bhutta, Councilman Thomas Buckley,
Councilman Daryl Hickman
NOES: None
ABSENT: None
ABSTAIN: None
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DEBORA THOMSEN
CITY CLERK
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