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HomeMy WebLinkAboutOrd. No. 2003-1096 ORDINANCE NO. 1096 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING P ARTICIP A TION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 16.83 TO THE LAKE ELSINORE MUNICIPAL CODE The City Council of the City of Lake Elsi~ore ordains as follows: Section 1: Title This Ordinance shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter 16.83 of the Lake Elsinore Municipal Code. Section 2: Findings A. The City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the cities therein will result in traffic volumes exceeding the capacity of the Regional System of Highways and Arterials (the "Regional System") as it presently exists. A map depicting the boundaries of Western Riverside County and the system is attached hereto as Exhibit "A" and made a part hereof. B. The City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable levels of service throughout Western Riverside County by 2025. C. The City Council has been further informed and advised, and hereby finds, that funds will be inadequate to construct the Regional System needed to avoid the unacceptable levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to provide the necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County. D. The City is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and the fourteen other cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to expand the capacity of the Regional System could be made up in part by a Transportation Uniform Mitigation Fee on future residential and non-residential development. As a Member Agency of WRCOG, the City participated in the preparation of that certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act (the "Nexus Study"). - E. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and Cities will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the System will operate at unacceptable levels of service. F. The City Council hereby finds and determines that the failure to mitigate growing _ traffic impacts on the Regional System within Western Riverside County w.ill substa~~ially impair the ability of public safety services (police and fire) to respond. The faIlure to mItigate impacts on the Regional System will adversely affect the public health, safety and welfare. G. The City Council further finds and determines that there is a reasona?le and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non- residential users of the development projects on which the TUMF will be levied. H. The City Council further finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. I. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. J. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. K. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed hereunder, and at least ten days prior to the hearing, the County and the City made the Nexus Study available to the public. L. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction. B. "Gross Acre" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines. C. "Industrial Project" means any development project, which proposes any industrial or manufacturing use allowed in the following zoning classifications: CM, M-l and M-2 or an industrial manufacturing use listed in a specific plan. D. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. E. "Multi Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. F. "Non-Residential Project" means a retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels. G. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. H. "Retail Commercial Project" means any development project, which proposes any commercial use not defined as a service commercial project, allowed in the following zoning classifications: C-P, C-I, C-2, CM, R or a commercial or recreational use listed in a specific plan. I. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices. J. "Single Family Residential Unit" means each residential dwelling unit in a development that has a density of 8 units to the gross acre or less. Section 4: Establishment of the Transportation Uniform Mitigation Fee A. Adoption. Subject to the exemptions set forth in Section 4F and the phase-in periods set forth in Section 6.b. hereof, there is hereby adopted the following schedule of fees: $6650 per Single Family Residential Unit $4607 per Multi Family Residential Unit $1.45 per square foot of an Industrial Project $7.81 per square foot of a Retail Commercial Project $4.84 per square foot of a Service Commercial Project B. Fee Calculation. 1. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit as further specified in the TUMF Administration Plan. 11. For non-residential projects, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF Administration Plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program within two (2) years ofthe effective date ofthis Ordinance and no less than every five (5) years thereafter. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted on Exhibit A and identified in the Nexus Study. E. Applicability. The TUMF shall apply to all new development within the City unless otherwise exempt hereunder. F. Exemptions. The following new development shall be exempt from the TUMF: 1. Low income residential housing. 11. Government/public buildings, public schools and public facilities. 111. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. IV. The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the current applicable rate. v. Development Projects which are the subject of a Development Agreement entered into pursuant to Government Code, Section 65864 et seq. prior to the effective date of this ordinance, if new fees are expressly prohibited, provided, however that, if the term of such a Development Agreement is extended after the effective date of this Ordinance, the TUMF shall be imposed. VI. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. V11. Residential projects that have been issued a building permit prior to June 1,2003. V111. Non-Residential projects that have been issued a building permit prior to June 30, 2004. G. Credits. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administration Plan and the following: Regional Tier 1. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for the all costs associated with the arterial component based on approved unit cost assumptions for the Regional System. n. Other Credits: In special circumstances, when a developer constructs off- site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the local jurisdiction in consultation with the developer. nl. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Regional System or actual costs, whichever is less. Local Tier 1. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a recognized benefit district established. n. If there is a recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against the TUMF. Section 5: Reimbursements Should the developer construct network improvements in excess of the TUMF fee obligation the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG and the local jurisdiction, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Capital Improvement Program adopted annually by WRCOG. Section 6: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Community Development Department. The Director of Community Development, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Ordinance. B. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon fmal inspection, whichever occurs first. However, this section should not be construed to prevent payment of the Fees prior to issuance of an occupancy permit or fmal inspection. Fees may be paid at the time application is made for a building permit. n. For non-residential projects the fees shall be phased in as follows: From the effective date of this Ordinance to July 1, 2004, non-residential projects shall be exempt from fees hereunder pursuant to Section 4.F From July 1,2004 to June 30, 2005, the fee schedule shall be: - $0.48 per square foot of an Industrial Project $2.60 per square foot of a Retail Commercial Project $1.61 per square foot of a Service Commercial Project From July 1, 2005 to June 30, 2006, the fee schedule shall be: $0.96 per square foot of an Industrial Project $5.20 per square foot of a Retail Commercial Project $3.23 per square foot of a Service Commercial Project After July 1,2006, the fee schedule shall be as set forth in Section 4.A. hereof, or such fee schedule as may be in effect due to amendment of Section 4.A. in accordance with Section 4.C. hereof. 111. The fees required to be paid shall be the fee amounts in effect at the time of payment. IV. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. v. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder, that are required to be transferred, shall be transmitted to the Executive Director of WRCOG within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administration Plan. Appealable issues shall be application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemptions. E. Reports to WRCOG. The Director of Community Development, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 8 of this ordinance. Section 7: Effect of Legal Actions on Non-Residential Projects. If a legal action, or referendum is filed prior to the effective date of this Ordinance or during the phase in period of the fee program, and the legal action seeks to set aside, void or annul the City's approval of a non-residential project, the phasing schedule set forth in Section 6 shall be stayed. The stay shall only remain in effect for a period of 18 months from the time the legal action was filed, or until a final, non-appealable order is issued by the court or a settlement agreement is executed, whichever occurs first. Once the stay is no longer in effect, the period remaining in the phasing schedule shall again commence to run. Section 8: Appointment of TUMF Fund Administrator WRCOG is hereby appointed as the Administrator of the Transportation Uniform - Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the County, and to invest, account for and expend such fees in accordance with the provisions of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures concerning the implementation of this ordinance shall be set forth in a resolution adopted by WRCOG. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the annual net amount of revenue raised by the TUMF. Section 9: Severability If anyone or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 10: Effective Date This Ordinance shall take effect 30 days after the date of adoption. PASSED UPON FIRST READING this ~ day of April , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE PASSED, APPROVED AND ADOPTED this 22nd day of April the following vote: , 2003, upon AYES: NOES: ABSENT: ABSTAIN: Councilmembers: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY Councilmembers: NONE Councilmernbers: ./" - ATTEST: ~~~rk City of Lake Elsinore '-- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I VICKI KASAD CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY , , CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 220d day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN 0AINUOUNCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. l096 of said Council, and that the same has not been amended or repealed. ;z)~J2:J VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE