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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