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21-1083RESOLUTION NO. 21-1083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF MENIFEE WHEREAS, the City of Menifee ("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. 2017-229, 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 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; and 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 2017-229 authorizes periodic review and adjustment to the applicable TUMF schedule 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 Menifee 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 2017-229 in support of the adjusted TUMF contained herein. SECTION 2. TUMF Schedule. In accordance with Section 4.C. of Ordinance 2017- 229, the following fee schedule for the TUMF Program is hereby adopted, and shall replace the fee schedule set forth in Section 2 of Resolution No. 2020-877 in its entirety and shall become effective upon the Effective Date set forth in Section 4, below: A. The TUMF schedule set forth in Resolution No. 2020-877 shall remain in place until December 31, 2021, 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 B. Effective January 1, 2022 the fee schedule for single-family residential, multi- family residential, and non-residential projects, as set forth in Section 2.A. 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. The resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 15th day of September 2021. f _ r Bill Zimmta.o, IOyor APPROVE AS TO FORM". HI I tJ I: /ems " 0 0, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 21-1083 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 6th of October 2021 by the following vote: Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None