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HomeMy WebLinkAboutCC Reso No 2008-067 RESOLUTION NO. 2008-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE APPLICABLE 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 No. 1096 on April 22, 2003, 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 Ordinance on April 4, 2007; and WHEREAS, Section 4.C., "Fee Adjustment" of the TUMF Ordinance, Ordinance 1096 adopted April 22, 2003, authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and WHEREAS, on April 7, 2008, the WRCOG Executive Committee recommended that member agencies not adjust their applicable TUMF to reflect increases 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 1 WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in accordance with the California Environmental Ouality Act ("CEOA") and the CEOA Guidelines and it has been determined that the adoption of this ordinance is exempt from CEOA pursuant to Section 15061 (b)(3) of the CEOA Guidelines. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does resolve 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 2, "Findings" of City Ordinance 1096 in support of the adjusted TUMF contained herein. SECTION 2. TUMF Fee Schedule. In accordance with Section 4.C., "Fee Adjustment" of Ordinance 1096, there is hereby adopted the following fee schedule for the TUMF which replaces the fee schedule set forth in Section 1 of Ordinance No. 1216 Adopted on May 8, 2007: (1) $10,046.00 per single family residential unit (2) $7,054.00 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. CEOA FindinQs. The City Council hereby finds that in accordance with the California Environmental Ouality Act ("CEOA") and the CEOA Guidelines the adoption of this Resolution is exempt from CEOA pursuant to Section 15061 (b )(3). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, o~# o Ie MAN,MAYOR CITY OF LAKE ELSINORE LL V VIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-67 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 24th day of June 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None (' \l L- Lk= VIVIAN M. MUNSON CITY CLERK 3