HomeMy WebLinkAboutResolution - 3790-A1Resolution No. 3790-AI
THE STATE OF CALIFORNIA) RESOLUTION NO. 3790 Al
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 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; and
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Resolution No. 3790-At
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
rused 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 4.C. of Ordinance No. 19-14, 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
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Resolution No. 3790-A1
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.
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
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Resolution No. 3790-A1
From January 1, 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 effective on
April 20, 2021.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council of the City of San Jacinto on the 4th day of May 2021 by the following
vote:
AYES:
Lopez, Ruiz,
NAYS:
None
ABSENT:
None
ABSTAIN:
None
Hawkins, Ayala, Ledezma
CITY] OF SAN JACINTO:
Af A Je-rar, /
Alonso Ledezma, Mayor
UiI*119
a Clerk
�Wilton ; rw , City
APPROVED AS TO FORM:
BEST, BE1 & ' KRI GER LLP
U �
Michael J. Maur, r, City Attorney
4
74418.50000133891947.1
C
THE STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF SAN JACINTO)
CERTIFICATION
Resolution No. 3790-A1
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution is the actual Resolution duly and regularly adopted by the City
Council at a regular meeting on May 4, 2021, by the following vote to wit:
AYES:
Lopez, Ruiz, Hawkins, Ayala, Ledezma
[SAYS:
None
ABSTAIN:
None
ABSENT:
None
WITNESS MY HAND AND OFFICIAL SEAL the 4th day of May 2021.
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0
Walton, City Clerk