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HomeMy WebLinkAboutCC Reso No 2017-107 Adopting TUMF ScheduleRESOLUTION NO. 2017 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A TRANSPORTATION UNIFORM MITIGATION FEE SCHEDULE 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 seventeen 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 (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, (2002 Nexus Study); and, Whereas, based on the 2002 Nexus Study, the City adopted Ordinance No. 1096 on Transportation Uniform Mitigation Fee (TUMF Ordinance) pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the TUMF upon new development; and, Whereas, WRCOG, with the assistance of TUMF 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 Ordinance No. 1096, the 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 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, CC Reso. No. 2017 -107 Page 2 of 5 Whereas, the 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 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 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; and, Whereas, by notice duly given and published, the Council set the time and place for a Public Hearing on the 2016 Nexus Study and the fees proposed thereunder and at least 10 days prior to this hearing, the Council made the 2016 Nexus Study available to the public; and, Whereas, at the time and place set for the hearing, the 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 Council finds that the 2016 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system; and, Whereas, Section 4.C. of the TUMF Ordinance authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; 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 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, 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 Council re- adopts the findings contained in Section 1 of Ordinance No. 2017 -107 in support of the adjusted TUMF contained herein. Section 2. TUMF Schedule. In accordance with Section 4.C. of the TUMF Ordinance, there is hereby adopted the following fee schedule for the TUMF which replaces the fee schedule set forth in Sections 2 of Resolution No. 2009 -15 in its entirety as of October 1, 2018, provided that the fee for retail commercial projects shall go into effect upon the Effective Date set forth in Section 5, below: A. There is hereby adopted the following TUMF schedule: (1) $9,418.00 per single family residential unit (2) $6,134.00 per multi - family residential unit (3) $1.77 per square foot of an industrial project (4) $7.50 per square foot of a retail commercial project (5) $4.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office B. For single - family residential and retail non - residential projects, the fees set forth in Section 2.A. shall be passed in as follows: From October 1, 2017, to June 30, 2019, the fee schedule shall be as follows: (7) $8,873.00 per single family residential unit (8)-$6,134.00 per multi - family residential unit (9) $1.77 per square foot of an industrial project (10) $7.50 per square foot of a retail commercial project (11) $4.56 per square foot of a service commercial project (12) $2.19 per square foot of a service Class A and B Office From July 1, 2019, to June 30, 2020, the fee schedule shall be as follows: (1) $9,146.00 per single family residential unit (2) $6,134.00 per multi - family residential unit (3) $1.77 per square foot of an industrial project (4) $7.50 per square foot of a retail commercial project (5) $4.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office After June 30, 2020, the fee schedule shall be as follows: (1) $9,418.00 per single family residential unit (2) $6,134.00 per multi - family residential unit (3) $1.77 per square foot of an industrial project (4) $7.50 per square foot of a retail commercial project (5) $4.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office Section . Adoption of 2016 Nexus Study. The Council hereby adopts the 2016 Nexus Study and its findings. The 2016 Nexus Study is incorporated herein by reference only and is on file in the Office of the City Clerk. Section 4. CEQA Find_ in_gs. The Council hereby finds that in accordance with the CEQA and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3). CC Reso. No. 2017 -107 Page 4 of 5 Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 12th day of September 2017. Mayor Attest: an M. Domen, M C City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } a ee I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017 -107 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 12, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None r r'r Susan M. Domen, MMC City Clerk