HomeMy WebLinkAbout2021-119 Transportation Uniform Mitigation Fee (TUMF) Schedule AmendmentRESOLUTION NO. 2021-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING THE TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) 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 eighteen 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, WRCOG, with the assistance of TUMF Program 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 City 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 City 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,
Whereas, the City 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 City Council finds and determines that the cost estimates set forth in the
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,
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Whereas, the fees collected pursuant to the TUMF Ordinance shall be used to help pay
for the design, planning, construction of and real property acquisition for the Regional System
improvements and its facilities as identified in the 2016 Nexus Study and 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, pursuant to the TUMF Administrative Plan, WRCOG evaluates project costs
and calculates a construction cost index (CCI) annually to reflect increased project costs based
on regional and statewide data and, on July 12, 2021, the WRCOG Executive Committee adopted
a TUMF CCI adjustment which is implemented through the adoption of a new TUMF fee schedule;
and
Whereas, by notice duly given and published, the City Council set the time and place for
a public hearing on the TUMF CCI adjustment and adjusted TUMF fee schedule proposed
thereunder and at least ten (10) days prior to this hearing, the City Council made the 2016 Nexus
Study and proposed adjusted TUMF fee schedule available to the public; and,
Whereas, at the time and place set for the hearing, the City 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, 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 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 Lake Elsinore does resolve 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 of the Lake Elsinore Municipal Code in support of the adjusted TUMF contained herein.
Section 2. TUMF Schedule. In accordance with Section 16.83.040 of the Lake
Elsinore Municipal Code, there is hereby adopted the following fee schedule for the TUMF which
replaces the fee schedule set forth in Section 2 of Resolution No. 2020-048 in its entirety, provided
that the fees shall go into effect upon the Effective Date set forth below:
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A. There is hereby adopted the following TUMF schedule:
(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
B. For single-family residential, multi-family residential, and retail non-residential
projects, the fees set forth in Section 2.A. shall be phased in as follows:
From July 1, 2020, to December 31, 2020, the fee schedule shall be as follows:
(1) $9,478.00 per single family residential unit
(2) $6,389.00 per multi-family residential unit
(3) $1.81 per square foot of an industrial project
(4) $7.50 per square foot of a retail commercial project
(5) $4.75 per square foot of a service commercial project
(6) $2.38 per square foot of a service Class A and B Office
From January 1, 2021 the fee schedule shall be as follows:
(1) $9,810.00 per single family residential unit
(2) $6,389.00 per multi-family residential unit
(3) $1.781 per square foot of an industrial project
(4) $7.50 per square foot of a retail commercial project
(5) $4.75 per square foot of a service commercial project
(6) $2.38 per square foot of a service Class A and B Office
From January 1, 2022 the fee schedule shall be as follows:
(1) $10,104.00 per single family residential unit
(2) $6,580.00 per multi-family residential unit
(3) $1.86 per square foot of an industrial project
(4) $7.72 per square foot of a retail commercial project
(5) $4.89 per square foot of a service commercial project
(6) $2.45 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 take effect immediately upon its
adoption.
Section 5. Book of Resolutions. The City Clerk shall certify to the adoption of this
Resolution and enter it into the book of original Resolutions.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 28th day of September 2021.
Robert E. Magee
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2021-119 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of September 28, 2021 and that the same was adopted by the following
vote:
AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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