A. The STMP fee is required to defray all or a portion of the costs of building transportation capital improvement projects needed to mitigate impacts of new development projects.
B. The STMP fee will raise funds for twenty projects, in the general categories of freeway and interchange improvements, local street and intersection improvements, transit and station-related improvements, bicycle and pedestrian-focused improvements, and complete streets projects. A detailed description of the projects can be found in Section 3.22.040.
C. The total cost of the twenty projects is approximately $855 million in 2018 dollars. The nexus study report determined the amount of eligible funding that could be collected through the STMP program at $161.8 million.
D. The nexus findings, in conformance with Government Code § 66000 et seq. can be found in the "2019 Nexus Update of the Subregional Transportation Mitigation Program (STMP) Impact Fee" (herein after referred to as the 2019 STMP Nexus Update) prepared by Fehr & Peers for WCCTAC dated December 2018. Two copies of the 2019 STMP Nexus Update are on file with the (City Clerk/Clerk of the Board).
E. The 2019 STMP Nexus Update included the following steps:
1. Projecting the amount of new development anticipated in West County;
2. Setting criteria for identifying eligible capital improvement projects;
3. Specifying the transportation improvements needed to accommodate growth;
4. Evaluating the relationship between the improvements, the share of funding from new development, and the impacts of new trip generation;
5. Allocating the costs across land use types; and
6. Preparing fee schedules and implementation documents.
F. After considering the 2019 STMP Nexus Update, the testimony received at a noticed public hearing, the agenda statements, the General Plan, and all correspondence received (together, the "Record"), the [City Council/Board of Supervisors] approves and adopts the 2019 STMP Nexus Update and incorporates such report herein.
G. Adoption of the STMP fee set forth in this ordinance, as it relates to development within the City of Pinole is intended to obtain funds for capital projects necessary to maintain service within the WCCTAC area. Accordingly, this fee, as it relates to development within the City of Pinole, is not a "project" within the meaning of the California Environmental Quality Act. (Pub. Res. Code § 21080(b)(8)(D)).
H. The Record establishes and finds:
1. That there is a reasonable relationship between the use of the STMP fee set forth in this ordinance (funding for transportation capital infrastructure projects) and the type of development projects on which this fee is imposed in that all development in the City of Pinole — both residential and non-residential — will contribute to the need for the projects listed in Section 3.22.040 of this ordinance; and
2. That there is a reasonable relationship between the need for the projects listed in Section V of this ordinance and the type of development projects on which this fee is imposed in that new development in the City of Pinole — both residential and non-residential — will generate persons who live, work, shop, travel to and from, commute to and from, and visit the City of Pinole and who, therefore, contribute to the need for the projects listed in Section 3.22.040 of this ordinance; and
3. That there is a reasonable relationship between the amount of the fee set forth in this ordinance and the cost of the projects listed in Section 3.22.040 of this ordinance or portion of such projects attributable to the development on which this fee is imposed in that such fee is calculated based on projections described in the 2019 STMP Nexus Update of new development, the total cost of the projects listed in Section 3.22.040, and allocation of a fair share of costs to new development across the various land use types.
(Ord. 2019-01 § 1 (part), 2019)