The City Council finds and determines as follows:
(A) The city is a member agency of the Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "member agencies").
(B) Acting in concert, the member agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the regional system of highways and arterials within CVAG's jurisdiction (the "regional system") could be made up in part by a transportation uniform mitigation fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction.
(C) That CVAG commissioned the preparation of various studies ("fee studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets.
(D) That the fee studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the regional system and the need to mitigate these transportation impacts using funds levied through the TUMF program.
(E) That the fee studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the regional system needed to accommodate growth in the Coachella Valley to the year 2030.
(F) That the fee studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of the regional system improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied.
(G) That the fee studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed.
(H) That the fee studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF.
(I) That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs.
(J) That the projects and methodology identified in the fee studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the city's General Plan.
(K) That the TUMF program complies with the provisions of the Mitigation Fee Act.
(Ord. 1786, passed 11-2-22)