HomeMy WebLinkAboutOrd. No. 2007-1216
ORDINANCE NO. 1216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING SECTION
16.83.040 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING THE TRANSPORTATION UNIFORM
MITIGATION FEE PROGRAM
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 establishing Chapter 16.83 of the Lake Elsinore Municipal Code 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
amendment to Chapter 16.83 in 2006; and
WHEREAS, Section 16.83.040, Part C of the Lake Elsinore Municipal
Code authorizes periodic review and adjustment to the applicable TUMF in
accordance with any adjustments made by the WRCOG Executive Committee; and
CITY COUNCIL ORDINANCE NO. 1216
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WHEREAS, on February 5, 2007, the WRCOG Executive Committee
recommended that member agencies adjust their applicable TUMF to reflect
increases in the construction cost index; and
WHEREAS, the increase of the construction cost index reflects the
increased cost of construction of the public facilities authorized by the Nexus
Study; and
WHEREAS, the adjusted fees collected pursuant to this Ordinance shall be
used to finance the public facilities described or identified in the Nexus Study; and
WHEREAS, this levying of development fees 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.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. That 16.83.040, Part A, of the Lake Elsinore Municipal Code
is hereby amended and restated as follows:
A. Adoption. Subject to the exemptions set forth in Section 16.83.040,
Part F and the phase-in periods set forth herein, there is hereby adopted the
following schedule of fees:
(i) TUMF fee schedule:
$10,046.00 per single family residential unit
$7,054.00 per multi-family residential unit
$2.35 per square foot of an industrial project
$12.94 per square foot of a retail commercial project
$6.56 per square foot of a service commercial project
$2.19 per square foot of a service Class A and B Office
CITY COUNCIL ORDINANCE NO. 1216
PAGE30F5
(ii) Notwithstanding the fee schedule set forth in subsection (i), from July
1, 2007 to June 30, 2008, the TUMF fee schedule shall be as follows:
$10,046.00 per single family residential unit
$7,054.00 per multi-family residential unit
$1.84 per square foot of an industrial project
$9.99 per square foot of a retail commercial project
$5.71 per square foot of a service commercial project
$2.19 per square foot of a service Class A and B Office
(iii) Notwithstanding the fee schedule set forth in subsection (i), from July
1,2008 through June 30, 2009, the fee schedule shall be as follows:
$10,046.00 per single family residential unit
$7,054.00 per multi-family residential unit
$2.09 per square foot of an industrial project
$11.46 per square foot of a retail commercial proj ect
$6.14 per square foot of a service commercial project
$2.19 per square foot of a service Class A and B Office
(iv) Notwithstanding the fee schedule set forth in subsection (i), from July
1,2009, the fee schedule shall be as follows:
$10,046.00 per single family residential unit
$7,054.00 per multi-family residential unit
$2.35 per square foot of an industrial project
$12.94 per square foot of a retail commercial project
$6.56 per square foot of a service commercial project
CITY COUNCIL ORDINANCE NO. 1216
PAGE 4 OF 5
$2.19 per square foot of a service Class A and B Office
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 60 days after the date of its
final passage. The Interim 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.
INTRODUCED AND APPROVED UPON FIRST READING this 24th
day of April, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 8th day of May, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
/7
obert E. Magee, M
City of Lake Elsinore
ABSTAIN: COUNCILMEMBERS:
CITY COUNCIL ORDINANCE NO. 1216
PAGE 5 OF 5
ATTEST:
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Michelle 80to, Interim City Clerk
City of Lake Elsinore
Barbara Ze' Leibold, City Attorney
City of Lake Elsinore