(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. A map depicting the boundaries of Western Riverside County and the regional system is attached as Exhibit A to the Ordinance 3264 enacting this chapter and is incorporated herein. As a member agency of WRCOG and as a TUMF participating jurisdiction, the city participated in the preparation of a certain "Western Riverside County Transportation Uniform Fee Nexus Study," dated October 18, 2002 (the "2002 Nexus Study") prepared in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq.) and adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the city adopted and implemented an ordinance authorizing the city's participation in a TUMF Program.
(B) WRCOG, with the assistance of TUMF 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 Section 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.
(C) Consistent with its previous findings made in the adoption of the ordinances enacting this chapter, 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.
(D) 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.
(E) 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.
(F) 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.
(G) The fees collected pursuant to this chapter shall be used to help pay for the design, planning, construction of and real 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.
(H) 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 days prior to this hearing, the City Council made the 2016 Nexus Study available to the public.
(I) 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,
(J) The City Council finds that the 2016 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the regional system.
(K) The City Council hereby adopts the 2016 Nexus Study and its findings. The 2016 Nexus Study is attached to and incorporated as Exhibit B to Ordinance 3264.
(L) The City Council hereby adopts this chapter to amend and supersede the provisions of Ordinance No. 3020.
(Ord. 3264 § 1, 2017; Ord. 3020 § 2, 2009; Ord. 2815 § 1, 2006; Ord. 2629 § 1, 2003.)