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HomeMy WebLinkAboutCC Reso No 2002-22RESOLUTION NO. 2002- 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE CITY OF LAK~ ELSINORE TRAFFIC IMPACT FEE STUDY AND ESTABLISHING A TRAFFIC INFRASTRUCTURE FEE FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE WHEREAS, the City Council of the City of Lake Elsinore has adopted the proposed ordinance adopting Chapter 16.74 which creates and establishes the authority for imposing and chazging development impact fees within the City; and WHEREAS, the City Council finds as follows: A. The City of Lake Elsinore Traffic Impact Fee Study complies with California Government Code Section 66001 by establishing the basis for imposition of fees on Development Project. In particular, the City of Lake Elsinore Traffic Impact Fee Study: 1. Identifies the purpose of the fee; 2. identifies the use to which the fee will be put; 3. Shows a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; 4. Shows a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and 5. Shows a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed. B. The fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the City of Lake Elsinore Traffic Impact Fee Study or other public traffic facility plans as may from time to time be adopted by the City Council. C. After considering the specific descriptions and cost estimates identified in the Traffic Impact Fee Study, the Council approves such project descriptions and cost estimates, and finds them reasonable as the basis for calculating and imposing , certain development impact fees. D. The projects and fee methodology identified in the Traffic Impact Fee 1 Study are consistent with the City's General Plan; E. The Traffic Impact Fee Study is categorically exempt from environmental review pursuant to the California Environmental Quality Act guidelines section 15061(b)(3). The intent of the study and proposed fees is to provide one means of mitigating potential environmental impacts which have been identified in environmental analyses of other planning efforts. F. Nonresidential development contributes a significant amount of sales tas to the City, has the potential to create a substantial number of jobs, and will enhance the City's quality of life and produce other desirable benefits to the City such that Tr~c Infrastructure Fee should be reduced in order to encourage and nurture such nonresidential development within the City. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Lake Elsinore as follows: SECTION 1. The Traffic Impact Fee Study is hereby adopted. SECTION 2. Definitions. The terms herein sha11 have the same meaning as set forth in the proposed ordinance adopting Chapter 16.74. ~ECTION 3. TiminQ of Fee. A Traffac lnfrastructar~ Fee shall be imposed upon issuance of the applicable development permit and shall be paid at the rate in effect on the day of payment prior to issuance of a certificate of occupancy for the project, or at such earlier time permitted by law as set forth in Government Code section 66007. SECTION 4. Fee Determination. (a) Traffic Infrastructure Fees far Residential Development shall be based upon the type of unit constructed and as set forth in Exhibit A. Residential development of detached single-family units shall pay the Residential rate. Residential development of two or more units per building shall pay the Multi-family rate. Development impact fees far group homes, co-housing or other types of residences not described above shall be determined by the Community Development Director based on analysis of the public service impacts of such development in relation to a single family dwelling unit. (b) Traffic Infrastructure Fees for Nonresidential Development shall be based upon the habitable and enclosed squaze footage of building and be determined by the rate and formula set forth in E~ibit A. In light of the economic benefits associated with nonresidential development and increased properiy taaf and sales tax revenues generated from such Nonresidential Development, the City Council concurs that the fee reduction set forth as "Scenazio 3" in the staff report should be implemented such that Traffic Infrastructure Fees for Nonresidential Development shall be reduced to the level set forth in Exhibit A. 2 (c) Traffic Infrastructure Fees for land uses not shown in E~ibit A will be deternuned by the Community Development Director who shall determine such fee based on analysis of the public service impacts of the proposed use in relation to other nonresidential uses shown in Ea~hibit A. (d) If a Development Permit is issued that would alter the amount of the Traffic Infrastructure Fee due for the development or require the payment of a new or additional development impact fee, any such previously paid fees shall be credited against the new total fee due, as determined by the Community Development Director, provided, however, that in no event sha11 the City refund fees previously paid because of a change in land use. (e) Traffic Infrastructure Fees for additions to, or replacement or intensification of, an e~sting nonresidential use shall be paid only on the net increase in habitable and enclosed squaze footage of building compazed to that which eatisted within the City Limits as of the effective date of the proposed ordinance adopting Chapter 16.74. SECTION 5. Exemptions. The following Development Projects are exempted from paying development impact fees: (a) Additions of Accessory Structures. (b) Addition of habitable living space to an existing single family unit. (c) A Development Project which, at the time of issuance of a building permit, is not subject to Traffic Infrastructure Fee by virtue of the terms of a valid development agreement or when such Development Project proceeds under a vesting tract map upon which the Traffic Infrashucture Fee cannot be imposed as a matter of law. (d) Nonresidential Development if the developer qualifies as a non-profit organization and is exempt from federal taxation under Section 501(c)(3) of the Intemal Revenue Code of 1986. Notwithstanding the foregoing exemption, the developer shall be required as a condition to issuance of the development license to cause the owner of record to execute a contract to pay the Traffic Infrastructure Fee upon transfer of the Development Project or any portion thereof to a purchaser that does not qualify as a non-profit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Such contract shall be recorded with Riverside County Recorder and shall constitute a lien for the payment of the Traffic Infrastructure Fee. 5ECTION 6. Amount of Fee. Traffic Infrastructure Fees shall be as set forth in Exhibit A and as supported by the City of Lake Elsinare Traffic Impact Fee Study and the staff report scenarios addressing fee reductions for nonresidential development and admiuistration, attached hereto and incorporated herein. SECTION 7. Use of Fee. The fee shall be solely used (1) for the purposes described in the Traffic Impact Fee Study, (2) for reimbursing the City for the developmenYs fair share of 3 those capital improvements already constructed by the City; or (3) for reimbursing developers who have constructed public facilities described in the Tr~c Impact Fee Study or other facility master plans adopted from time to time by the City Council where those facilities were beyond that needed to mitigate the impacts of the developers project or projects. SECTION 8. Fee Adjushnent. Commencing on July 1, 2003, the fees established and imposed by this Resolution shall be adjusted as of July 1 of each yeaz based upon the percentage increase or decrease, if any, of the Engineering News Recard Construction Cost Index (the "CCI") for the Los Angeles Metropolitan Area (CCI) for the twelve month period prior to May 1 of the year in which the change will be effective. SECTION 9. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution sha11 be brought within 120 days of the date of adoption of this resolution. SECTION 10. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a major project's fmancing fee for any project with the Development Impact Fee Study or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this resolution or other fees levied by this resolution which can be given effect without the invalid provisions or application of fees, and to this end the provisions of the resolution are declared to be severable. SECTION 11. Effective Date. The City Clerk. of the City shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect concurrent with the effective date of the proposed ordinance adopting Chapter 16.74 on a11 Development Projects obtaining a building permit after such effective date of this Resolution. PAS5ED, APPROVED AND ADOPTED this 28th day of May , 2002. Ayes: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY Noes: COUNCILMEMBERS: NONE Abstain: COUNCILMEMBERS: NONE Absent: COUNCILMEMBERS: NONE ~ G e Kelley, Mayor 4 ~licki Kasad, City APPROVED AS TO F . ~ , B baza Zeid ibol ~, City Attorney Reso Adopting Tr~c Impact Fee Study OS/12/02 EXHIBIT A CITY OF LAKE ELSIONE TRAFFIC INFRASTRUCTUR FEE Single Family Residential Multi Family Residential Commercial Building Office Building Industrial Building $1,197 per unit $838 per unit $335 per sq. ft. $1.26 per sq. ft. $0.71 per sq.ft. STATE OF CALIFOIiNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 28t6 day of May, 2002, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: ~i~ > ~ ~ ~~CHI KAS , ~MC, CITY CLERK/ ~LiMAN RESOURCES DIRECTOR CI ~ Y mF I.r~KE ELSINORE (SEAL) STATE OF CALIFOItNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2002-22 of said Council, and that the same has not been amended or repealed. DA~E: June 10, 2002 ,~i n ~ ~~~~~~ ~'FCHI,I~ASAI), ~MC, CITY CLERK/ FNL'MAN RESOURCES DIRECTOR CI'TY OF LP,KE ELSINORE (SEAL)