HomeMy WebLinkAboutOrd 816 ORDINANCE NO. 816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CHAPTER 3.40 OF THE CITY
OF CATHEDRAL CITY MUNICIPAL CODE PERTAINING TO THE
COLLECTION OF TRANSPORTATION UNIFORM MITIGATION
FEES
WHEREAS the Cit of Cathedral Cit ("City") is a Member Agency of the
Y Y ( Y 9 Y
Coachella Valley Association of Governments ("CVAG"), a joint powers agency
consisting of the County of Riverside ("County"), the Agua Caliente Band of
Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez
Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot
Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian
Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley
(collectively, "Member Agencies"); and
WHEREAS, 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; and
WHEREAS, as a CVAG Member Agency, the City participated in the
preparation of the 1987 Coachella Valley Area Transportation Study ("1987
Transportation Study") prepared pursuant to the Mitigation Fee Act (Government
Code section 66000 et seq.) and based on the 1987 Transportation Study, the
City adopted and implemented CVAG's model TUMF ordinance as Cathedral
City Municipal Code Chapter 3.40;
WHEREAS, CVAG commissioned Michael Baker International, Inc. to
prepare an updated TUMF study entitled "Transportation Uniform Mitigation Fee
(TUMF) 2018 Fee Schedule Update, Nexus Study Report", and dated March
2018 ("2018 Nexus Study") to establish updated TUMF levels and program
revenue collection targets, which was approved by the CVAG Executive
Committee on April 30, 2018; and
WHEREAS, the 2018 Nexus Study revealed the need to revise certain
provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee
Act which governs the adoption and implementation of development impact fees
and to reflect the findings of the 2018 Nexus Study; and
WHEREAS, by notice duly given and posted, on September 26, 2018, the
City Council conducted a public hearing to consider approval of the 2018 Nexus
Study and this Ordinance; and
65285.00001\31191656.1
WHEREAS, at the time and place set for the hearing, the City Council duly
considered the data and information provided by CVAG, City staff and the public
relative to the TUMF and all other comments, whether written or oral, submitted
prior to the conclusion of the hearing; and
WHEREAS, the City Council wishes to accurately collect TUMF fees
along with the other participating jurisdictions within the Coachella Valley as
requested by the CVAG General Assembly.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.40.020 of Title 3 Transportation Uniform
Mitigation Fee, Chapter 3.40 of the Cathedral City
Municipal Code is amended by amending the definition
of the term "Regional System" to read:
"Regional System" means the regional system of roads, streets and
highways identified by CVAG in its 2016 Transportation Project
Prioritization Study (TPPS) to accommodate growth in the Coachella
Valley to the year 2040. Only those projects scoring above 7.5 points in
the TPPS are included for TUMF consideration.
Section 2. Section 3.40.070 of Title 3 Transportation Uniform Mitigation Fee,
Chapter 3.40 of the Cathedral City Municipal Code, entitled
"Exemptions and Credits" is amended in its entirety to read:
Exemptions and Credits
PASSED, APPROVED and ADOPTED this 10th day of October, 2018 by the
following votes:
AYES: Councilmembers Aguilar, Carnevale and Kaplan;
Mayor Pro Tem Pettis and Mayor Henry
NOES: None
ABSENT: None
ABSTAIN: None
tan Henry, May r
65285.00001\31191656.1
ATTEST:
ary F. Howell, City Clerk
APPROVED A§ TO OR
Eric S. Vail, City Attorney
65285.00001\31191656.1