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HomeMy WebLinkAboutResolution - 3889STATE OF CALIFORNIA) RESOLUTION NO. 3889 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 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. 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; 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 DocuSign Envelope ID: 6B2A4E50-F063-4054-8931-FAD75FF28AC8 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 4.C. of Ordinance 19-14 of the TUMF Ordinance authorizes periodic review and adjustment to the applicable TUMF i n 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 San Jacinto does resolve as follows: DocuSign Envelope ID: 6B2A4E50-F063-4054-8931-FAD75FF28AC8 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. 19-14, 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 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, the TUMF Ordinance, 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 January 1, 2022, the day the new TUMF schedule shall go into effect upon the Effective Date set forth in Section 4, below: A. There is hereby adopted the following TUMF schedule: (1) $9,810.00 per single-family residential unit (2) $6,38900 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 The Resolution will establish the Fee Schedule as follows: B. For single-family residential, multi-family residential, and non-residential projects, the fees set forth in Section 2.A. shall be as follows: DocuSign Envelope ID: 6B2A4E50-F063-4054-8931-FAD75FF28AC8 From January 1, 2022, the fee schedule shall be as follows: (1) $10,104.00 per single family residential unit (2) $6,580.00 per multi-family residential unit (3) $1.86 per square foot of an industrial project (4) $7.72 per square foot of a retail commercial project (5) $4.89 per square foot of a service commercial project (6) $2.45 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 January 1, 2022. PASSED, APPROVED, AND ADOPTED this 2nd day of November, 2021, by the following vote: AYES: Hawkins, Ledezma, Ayala, Heath, Ruiz NAYS: None ABSENT: None ABSTAIN: None CITY OF SAN JACINTO: _____________________________ Alonso Ledezma, Mayor ATTEST: ______________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney DocuSign Envelope ID: 6B2A4E50-F063-4054-8931-FAD75FF28AC8 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF SAN JACINTO) CERTIFICATION I, Julia Espinoza, Deputy 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 November 2, 2021, by the following vote to wit: AYES: Hawkins, Ledezma, Ayala, Heath, Ruiz NAY S: None ABSTAIN: None ABSENT: None WITNESS MY HAND AND OFFICIAL SEAL on November 2, 2021. _____________________________ Julia Espinoza, Deputy City Clerk DocuSign Envelope ID: 6B2A4E50-F063-4054-8931-FAD75FF28AC8