HomeMy WebLinkAboutResolution - 3790STATE OF CALIFORNIA) RESOLUTION NO. 3790
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AMENDING 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 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. 19-14, 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 cgntributes 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 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; and
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.
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; 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 [SECTION 4.C. OF MODEL ORDINANCE] 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 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 19-14 in support of the adjusted TUMF contained
herein.
A. The City is a member agency of the Western Riverside Council of
Governments C WRCOG'), a joint powers agency comprised of the County of Riverside
and 18 cities located in Western Riverside County. Acting in concert, the WRCOG
Member Agencies 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 ("TUMF") on future residential, commercial and industrial development.
B. WRCOG, upon the recommendation of the WRCOG Executive Committee,
now desires to adopt a process in which WRCOG calculates and collects TUMF on
behalf of member agencies under the Western Riverside County Transportation Uniform
Mitigation Fee Program Ordinance of 2018.
C. The findings set forth in Ordinance No.17-05 remain true and correct, and by
this reference are incorporated into this Ordinance No. 19-14 as if set forth in full herein.
This Ordinance No.19-14 shall amend and supersede the provisions of Ordinance
No.17-05, and to the extent any provisions herein conflict with any provisions of
Ordinance No. 17-05 or any other ordinance of the City, the City Council finds and
determines that it is the intent of the City Council that the provisions herein shall control.
SECTION 2. TUMF Schedule. In accordance with Section 4.C. of Ordinance 19-
14, there is hereby adopted the following fee schedule for the TUMF which replaces the
fee schedule set forth in Sections 2 and 3 of Resolution No. 3790 in its entirety as of
July 1, 2020, provided that the fee for retail commercial projects shall go into effect upon
the Effective Date set forth in Section 4, below:
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, to June 30, 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) $1.81 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
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 become on March 17, 2020.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council
of the City of San Jacinto on the 17t" day of March 2020 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Kotyuk, Ledezma, Lopez, Ruiz, Utz
None
None
None
CITY OF SAN JACINTO:
Andrew Kofyuk, Mayor
ATTEST:
0492
rN
�Iton,Clerk
APPROVED AS TO FORM:
BEST EST & KRIEGER, LLP
Michael J. Maurer, City Attorney
11
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
CERTIFICATION
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby
certify that the foregoing Resolution No. 3790 was duly passed, approved and adopted
at a regular meeting of the City Council of the City of San Jacinto on the 17th day of
March 2020 by the following vote:
AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL the 17t" day of March 2020.
�"--Ajnoa Walton, City -Clerk --
City of San Jacinto