HomeMy WebLinkAboutResolution - 3670 STATE OF CALIFORNIA ) RESOLUTION NO. 3670
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 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 an 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. 03-03 on
April 17, 2003 (the "TUMF Ordinance") 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, 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.
WHEREAS, consistent with its previous findings made in the adoption of Ordinance No.
17-05, 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.
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.
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.
WHEREAS, the City 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.
WHEREAS, the fees collected pursuant to 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.
WHEREAS, by notice duly given and published, the City Council set the time and place
for a public hearing on the 2016 Nexus Study and the fees proposed thereunder and at least ten
(10) days prior to this hearing, the City Council made the 2016 Nexus Study available to the
public.
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.
WHEREAS, the City 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.
WHEREAS, Section 4.0 of the TUMF Ordinance No. 17-05 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 (duality Act ("CEOA") and the CEOA 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 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 No. 17-05 in support of the adjusted TUMF contained herein.
SECTION 2. TUMF Schedule. in accordance with Section 4.C. of Ordinance No. 17-05,
there is hereby adopted the following fee schedule for the TUMF which replaces the fee
schedule set forth in Resolution No. 2885 in its entirety as of November 1, 2017, 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 phased in as follows:
From October 1, 2017 to June 30, 2019, the fee schedule shall be as follows:
(1) $8,873.00 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
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
SECTION 3. Adoption of 2016 Nexus Study. The City Council hereby adopts the 2016
Nexus Study and its findings. The 2016 Nexus Study is attached and incorporated herein as
Exhibit "B."
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 on November 1, 2017.
PASSED, APPROVED and ADOPTED, at a regular meeting of the City Council
on the 15t" day of August, 2017 by the following vote
AYES: Kotyuk, Ledezma, Ruiz, Utz
NAYS: None
ABSENT: Miller
ABSTAIN: None
City f Sa
colt Miller, Mayor
ATTE T-
fiAg& tan, City Clerk
U
APPROVED AS TO FORM:
BEST B ST & KRIEGER LLP
Mich el J. Maurer, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify that the
foregoing Resolution No. 3670 was duly passed, and adopted at a regular meeting of
the City Council of the City of San Jacinto held on the 15th day of August, 2017, by the
following vote:
AYES: Kotyuk, Ledezma, Ruiz, Utz
NAYS: None
ABSENT: Miller
ABSTAIN: None
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE Official Seal
of the City of San Jacinto this 15'h day of August, 2017.
onc City Clerk
N ainto