Chapter 15.20

UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN-LIEU FEE

The city council finds, determines and declares that:

• A. During the visioning process for the Uptown Temecula Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi-modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit.

• B. In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960s, and new development extended north and south of Old Town. The Specific Plan area was zoned for commercial uses, and excluded residential uses. In the 1960s and 1970s, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Temecula Avenue is perceived by pedestrians as not very safe, comfortable or interesting.

• C. The future vision for the Specific Plan area is a vibrant, pedestrian-friendly, urban district within the city of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in the Uptown Temecula Specific Plan area is a key strategy to achieve a multi-modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan area and help create a destination for those visiting the area.

• D. The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Plan will achieve improved multi-modal mobility, increased circulation and better connectivity within the Specific Plan area.

1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network.

   2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities.

   3. Implement new east/west linkages within the Specific Plan area, across Interstate-15, and across Murrieta Creek.

   4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area.

   5. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north.

   6. Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way-finding.

   7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop.

   8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network.

• E. It is the intent of the city to require every person who develops land within the Uptown Temecula Specific Plan area to mitigate the impacts of that development by constructing or paying the in-lieu fee for the new streets required by that development as provided in the Specific Plan.

• F. Keyser Marston Associates, Inc., prepared the "New Streets In-Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan dated as of August, 2015 ("Nexus Study"). Keyser Marston utilized the following methodology in conducting the Nexus Study and reaching its conclusions:

  1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates.

  2. Reviewed build-out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms.

  3. Reviewed comparable land and building sales values in the trade area.

  4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type.

  5. Evaluated the potential economic impact of the new streets in-lieu fee on new development.

• G. The Nexus Study concluded that the nexus-supported new streets in-lieu fee for residential uses is estimated at twelve thousand seven hundred one dollars per unit. The Nexus Study concluded that the nexussupported new streets in-lieu fee for nonresidential uses is estimated to range between eight dollars and fifty cents and nineteen dollars and eightyseven cents per square feet (SF). These in-lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan area and development and the nexus between the amount of such a fee and benefit to the development.

• H. There is a reasonable relationship between the streets to be paid for by the in-lieu fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Temecula Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. (Ord. 15-14 § 2)

For the purposes of this chapter, the following words shall have the meanings set forth below:

"Commercial uses" includes those uses as specified in Chapter 3 of the Uptown Temecula Specific Plan.

"Developer" means the person who has applied for land use entitlements for a project within the Specific Plan area subject to the applicable requirements of the city's zoning ordinance in Title 17 of this code.

"Hotel uses" includes those uses as specified in Chapter 3 of the Specific Plan.

"Industrial uses" has the same meaning as "light manufacturing" as specified in Chapter 3 of the Uptown Temecula Specific Plan, as well as the existing legal nonconforming industrial uses within the Uptown Temecula planning area.

"In-lieu fee" means the Uptown Temecula new streets in-lieu fee established by resolution of the city council pursuant to this chapter.

"Mini-storage uses" has the same meaning as "mini-warehouse" as specified in the Temecula Municipal Code.

"Office uses" includes those uses as specified in Chapter 3 of the Specific Plan.

"Parking lot/structure" means a parcel used as a parking lot or parking structure where parking spaces are metered and fee is charged based on duration of stay.

"Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor.

"Residential uses" includes those uses as specified in Chapter 3 of the Specific Plan.

"Specific Plan area" means the entire area of the city subject to the Uptown Temecula Specific Plan.

"Streets" means those new streets and roads designated in the Specific Plan.

"Study" means the "New Streets In-Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan dated as of August 2015 prepared by Keyser Marston Associates, Inc. (Ord. 15-14 § 2; Ord. 19-04 § 2)

• A. The city council shall by resolution establish and impose the Uptown Temecula Specific Plan new streets in-lieu fee ("in-lieu fee").

• B. The in-lieu fee includes an annual escalator based upon an appropriate construction cost index that shall be designated in the resolution of the city council establishing the in-lieu fee.

• C. Every person who develops a commercial use, hotel use, industrial use, mini-storage use, office use, parking lot/structure, or residential use or a combination thereof, in the Specific Plan area after the effective date of the ordinance adopting this chapter shall pay to the city the in-lieu fee pursuant to this chapter.

• D. The director of community development calculates the in-lieu fee applicable to the proposed project and notify the developer. The developer may appeal the calculation of the in-lieu fee as part of the decision on its application for land use approvals and pursuant to the procedures for appeal of a decision on such application.

• E. In the event that a developer develops a commercial use, hotel use, industrial use, ministorage use, office use, parking lot/structure, or residential use or a combination thereof, and constructs the streets required for such uses by the land use approval, the developer shall be entitled to a credit on in-lieu fees applicable to its development in the amount of the actual costs for the design, design, right-of-way and construction of the streets within the time called for in the project's land use entitlements. City shall enter into an improvement agreement with developer that will guarantee completion of the design, rightof-way and construction of such streets within a specified period of time, provide for the estimate of such work and appropriate securities based thereon and such other matters as the city manager deems necessary to implement the street work required for the development. City manager shall be authorized to enter into such agreements on behalf of the city.

• F. In the event that the design, right-of-way and construction costs for the new street to be constructed by the developer will exceed the total in-lieu fee amount for the proposed project, the developer may apply for full or partial reimbursement of such costs from the Uptown Temecula new streets in-lieu fee fund, to the extent that sufficient money is available in such fund to cover such costs. The city manager shall be authorized to enter into such reimbursement agreements with the developer on behalf of the city.

• G. The developer may apply to the director of community development for a determination that in the event that its proposed development project will have no impact on the streets for which the in-lieu fee would be charged and that such project should be exempted from the in-lieu fee. The director of community development may approve, conditionally approve, or deny the owner's application. The developer may appeal the calculation of the in-lieu fee as part of the decision on its land use application and pursuant to the procedures for appeal of a land use decision.

• (Ord. 15-14 § 2; Ord. 19-04 § 3)

• A. The finance director shall establish a special interest-bearing fund entitled "Uptown Temecula Specific Plan New Streets In-Lieu Fee Fund." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the design, right-of-way, and construction, or a combination thereof, of the new streets designated in the Specific Plan for the Specific Plan area.

• B. The finance director shall report to the city council the amounts in the Uptown Temecula Specific Plan new streets in-lieu fee fund and the expenditures made from the fund, in the form and frequency required by law.

• (Ord. 15-14 § 2)

• A. The required in-lieu fee shall be due and paid on a lump-sum basis on the date of issuance of a building permit, final building inspection, or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by state law.

• B. For the purposes of this section, "final building inspection" shall mean the physical inspection of the building by the building and safety division of the community development department of the city of Temecula for compliance with all applicable building codes and the issuance by all applicable city, county, regional, state and federal agencies of their respective clearances for occupancy.

• C. For the purposes of this section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all applicable provisions of the Temecula Municipal Code, ordinances and conditions of approval.

• (Ord. 15-14 § 2)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.

(Ord. 15-14 § 2)