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HomeMy WebLinkAboutResolution - 3192 STATE OF CALIFORNIA ) RESOLUTION NO. 3192 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) ~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF SAN JACINTO WHEREAS, the City of San Jacinto ("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 !Number 03-03 on April 3, 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 April 7, 2008, 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 20, 2006; and WHEREAS, Section 4.C. of the TUMF Ordinance (06-08) 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 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 Page I of 5 WHEREAS, the adjusted fees collected pursuant to this Resolution 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. NOW, THEREFORE, the City Council of the City of San Jacinto 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 2 of Ordinance 06-08 in support of the adjusted TUMF contained herein. A. The City is a Member Agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. A map depicting the boundaries of Western Riverside County and attached as Exhibit "A" to Ordinance 06-08 was made a part thereof. As a Member Agency of WRCOG, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this nexus study, the City adopted and implemented Ordinance 03- 03 authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. In 2005, WRCOG with the assistance of its member agencies prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03-03. C. Consistent with its previous findings made in the adoption of Ordinance No. 03-03, the City Council was informed and advised, and hereby finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. Consistent with its previous findings made in the adoption of Ordinance No. 03-03, the City Council was further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. Page 2 of 5 E. The City Council was further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council previously reviewed the 2005 Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further 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 projects on which the TUMF will be levied. I. 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 development will be mitigated in part by the payment of the TUMF. J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, 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. K. The City Council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. Page 3 of 5 L. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. M. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed thereunder, and at least ten days prior to the hearing, the City made the Nexus Study available to the public. N. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. O. The City Council continues to find that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. SECTION 2. TUMF Fee Schedule. In accordance with Section 4.C. of the TUMF Ordinance (06-08), there is hereby adopted the following fee schedule for the TUMF: .... (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office SECTION 3. TUMF Fee Schedule. Notwithstanding the fee schedule set forth in Section 2 of this Resolution, the TUMF Fee Schedule shall be phased as follows: From July 1, 2008 through June 30, 2009, the fee schedule shall be as follows: (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 Page 4 of 5 From July 1, 2009, the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.09 per square foot of an industrial project (4) $11.46 per square foot of a retail commercial project (5) $6.14 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office SECTION 4. 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 5. Effective Date. This Resolution shall become effective retroactive to July 1, 2008, immediately upon its adoption. APPROVED, PASSED and ADOPTED this 31d day of July, 2008, by the following vote: Ayes: Ayres, Carlson, Mansperger, Stubblefield Nays: None Absent: None Abstain: None City of San Jacinto By: 5?on X� Jim Ayr ; Mayor ATTEST: rothy L. houinard, City Cierk Page 5 of 5