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09-87 RESOLUTION NO. 09-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADOPTING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY WHEREAS, the City of Menifee incorporated on October 1, 2008 ("City") and now has become a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and sixteen 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, on February 6, 2006, the WRCOG Executive Committee adopted the "Western Riverside Transportation Fee Nexus Study 2005 Update" (the "Nexus Study") which serves as a basis for the adoption of the City's TUMF ordinance on June 2, 2009 as Chapter 3.30 of the Menifee City Code; and WHEREAS, that Chapter authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and WHEREAS, on February 2, 2009, the WRCOG Executive Committee recommended that member agencies adjust their applicable TUMF to reflect decreases in the construction cost index as a result of the current economic climate; 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 Menifee does resolve and order 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 1 of Ordinance No. 2009-40 in support of the adjusted TUMF contained herein. SECTION 2. TUMF Fee Schedule. In accordance with Menifee Municipal Code Section 3.30, there is hereby adopted the following fee schedule for the TUMF which replaces in its entirety the County of Riverside TUMF fee schedule adopted by the City upon incorporation: (1) $9,812.00 per single family residential unit (2) $6,890.00 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 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 take effect 60 days from the date of its adoption or as soon thereafter as the TUMF ordinance takes effect. PASSED, APPROVED AND ADOPTED this v day of ,(,rte/ , 2009, by the following vote: �, / �, `Yr�a�n, AYES: o�wy NOES: 1q"u ABSENT: '_Y� ABSTAIN: Wallace W. Edgerton, May ATTEST: . mamt Kathy Bennett, City Clerk COUNTY OF RIVERSIDE OPERATIONAL AREA SIGNATORY EXHIBIT In accordance with the conditions contained within Article Ten of Riverside County Operational Area Agreement, the undersigned City hereby executes this exhibit as a signatory to the Riverside County Operational Area Agreement and agrees to be held to the terms therein. Menifee, a City within the County of Riverside, State of California BY: '4 —0�-0 u) Wallace W. Edgerton TITLE: Mayor ATTEST: Kathy Bennett, City Clerk Date: May 20, 2009