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CC Resolution 2013-007 TUMFRESOLUTION NO. 2013 — 007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE TRANSPORTATION UNIFORM MITIGATION FEE AMOUNT PURSUANT TO ORDINANCE NO. 507 WHEREAS, the City Council, of the City of La Quinta, California by Ordinance No. 507 established a Transportation Uniform Mitigation Fee based on certain findings including but not limited to the following: (1) Future development within the City of La Quinta and within the Coachella Valley to the year 2030 will result in traffic volumes in excess of capacity thereby adversely impacting the regional system,of streets, arterials and highways now existing; (2) Failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets, arterials, and highways of the regional system; (3) Absent a uniform mitigation transportation fee imposing a fair -share traffic impact fee on new development, existing and future sources of revenue will be inadequate to fund substantial portions of the Regional Transportation System improvements needed to avoid unacceptable levels of congestion and related adverse impacts; (4) The Transportation Uniform Mitigation Fee will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley; (5) The Transportation Uniform Mitigation Fee is a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by new development; and WHEREAS, Section 3.33.050 of Ordinance No. 507 requires that the amount of the mitigation fee (1) shall be based on the trip generation rate defined in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file in the City's Public Works Department, (2) shall be established by the City and (3) requires the City to adopt by resolution the fee as recommended by CVAG or a higher fee amount; and Resolution No. 2013 -007 TUMF Adopted: February 5, 2013 Page 2 WHEREAS, the City Council, in determining the amount of the mitigation fee, desires to ensure that the fee is calculated by a fair and equitable method to distribute the costs of the improvements necessary to accommodate traffic volumes generated by future growth. NOW THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1 . Findings Each WHEREAS paragraph, set forth above, is adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled "2006 Fee Schedule Update, Nexus Study Report" dated June 27, 2006 ( "2006 Nexus Study ") to establish updated TUMF Levels and program revenue collections target, which was approved by the CVAG Executive Committee on July 31, 2006, accurately states the City's need to collect the TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly. The 2006 Nexus Study is hereby approved and incorporated herein by this reference. b. Based on the above findings, the La Quinta City Council adopts this resolution setting the Transportation Uniform Mitigation Fee amount and sets forth that amount as follows: $74.00 per average daily trip for sales tax producing commercial $148.00 per average daily trip for all other non - residential development $192.00 per average daily trip for all residential development c. The amount of the mitigation fee shall be based on the trip generation rate defined in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file in the City's Public Works Department. The Transportation Uniform Mitigation Fee Handbook, effective July 1, 2009 is hereby approved and incorporated herein by this reference. SECTION 2 . Effective Date. This Resolution will become effective concurrent with Ordinance No. 507, on the 20 t " day of April, 2013. SECTION 3 . Amendments. The Council shall, pursuant to Ordinance No.507 annually review and if necessary, may amend the amount of the Transportation Uniform Mitigation Fee to ensure that the fee continues to be a fair and equitable method to distribute the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If CVAG amends the recommended amount of the fee pursuant to its annual review, _the Council shall amend this Resolution No. 2013 -007 TUMF Adopted: February 5, 2013 Page 3 resolution in accordance with CVAG's recommended amended fee amount. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of February, 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of Ld QuintW California ATTEST: (a Q SUSAN WAYSELS, Ciky Cler City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. I ATHERINE JE INSON, City Attorney City of La Quinta, California