HomeMy WebLinkAboutOrd. No. 2005-1136 Adjusting the Western Riverside County Transportaton Uniform Mitigation Fee
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ORDINANCE NO. 1136
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE
NUMBER 1096 OF THE CITY OF LAKE ELSINORE TO ADJUST THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE
WHEREAS, Government Code Sections 66000 et seq. permits the adoption or increase
of certain fees provided that certain notice requirements are met;
WHEREAS, the City Council of the City of Lake Elsinore, California (the "City")
adopted Ordinance No. 1096, an ordinance of the City authorizing participation in the Western
Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, on April 22, 2003;
WHEREAS, the TUMF Program is administered by the Western Riverside Council of
Governments (WRCOG), which has approved an adjustment to the fees imposed by the TUMF
Program;
WHEREAS, the City desires to adjust the fees imposed by Ordinance No. 1096 in
accordance with the revised TUMF fee schedule adopted by WRCOG;
WHEREAS, in accordance with the Government Code, the City has properly noticed a
public hearing for December 28, 2004 to consider the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
Section 1: Title
This Ordinance shall be known as the "Fee Adjustment to the Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance".
Section 2:
Findings
A. In accordance with Ordinance 1096, Section 4.C, TUMF fees may be periodically
reviewed and increased or decreased to reflect changes required as a result of periodic review by
Western Riverside Council of Governments. This Ordinance amends Section 4.A, Establishment
of Fees and Section 6.B.ii, Payment of Fees. All other sections of Ordinance 1096 shall remain
in full force and effect.
Section 3:
Revisions
A.
Section 4.A is amended in its entirety to read as follows:
Section 4:
Establishment of the Revised 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:
$7,248 per Single Family Residential Unit
$5,021 per Multi Family Residential Unit
$1.58 per square foot of an Industrial Project
$8.51 per square foot of a Retail Commercial Project
$5.28 per square foot of a Service Commercial Project
B. Section 6.B.ii is amended in its entirety to read as follows:
Section 6:
B.
Procedures for the Levy, Collection and Disposition of Fees
Payment of the revised fees shall be as follows:
11. 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:
$0.52 per square foot of an Industrial Project
$2.83 per square foot of a Retail Commercial Project
$1.75 per square foot ofa Service Commercial Project
From July 1,2005 to June 30, 2006, the fee schedule shall be:
$1.05 per square foot of an Industrial Project
$5.67 per square foot of a Retail Commercial Project
$3.52 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.
Section 4:
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 5:
Effective Date
This Ordinance shall take effect 30 days after the date of adoption. The increased fees
shall be levied on development commencing 60 days after the date of adoption.
PASSED UPON FIRST READING this 28th day of December, 2004, upon the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE
Councilmembers: KELLEY
Councilmembers: NONE
ABSTAIN:
Councilmembers: NONE
PASSED, APPROVED AND ADOPTED this 11th day of January
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2005
,~ upon
Councilmembers: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE
Councilmembers: KELLEY
Councilmembers: NONE
COWlcilmembers: NONE f ( Jp--
Robert E. Magee, Mayo't
City of Lake Elsinore
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Vicki Kasad, City Clerk
City of Lake Elsinore
OVED AS TO FO
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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 on the 28th day of
December, 2004, and presented for second reading by title only for adoption on the 11th day of
January, 2005, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, SCHIFFNER,
MAGEE
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NOES: COUNCILMEMBERS:
rENT: COUNCILMEMBERS:
..?octJOUNCILMEMBERS:
~KI KASAD; CITY CLERK
CITY OF LAKE ELSINORE
KELLEY
NONE
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
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of Ordinance No. 1136 of said Council, and that the same has not been amended or repealed.
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(_I~1LERK
City OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1137
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN PROVISIONS OF
SECTION 2.46 OF THE LAKE ELSINORE
MUNICIPAL CODE RELATING TO THE PUBLIC
SAFETY ADVISORY COMMISSION.
WHEREAS, the City of Lake Elsinore first established a Public Safety Commission in
1984; and
WHEREAS, the Public Safety Commission had been inactive since about 1988; and
WHEREAS, on March 23,2004 the Lake Elsinore City Council adopted Ordinance No.
1116 revising Section 2.46 of the Lake Elsinore Municipal Code and thereby reactivating the
Public Safety Advisory Commission; and
WHEREAS, the City Council desires to incorporate technical corrections to Section 2.46
to accurately reflect revisions to Ordinance No. 1116 that were made during the Council
discussion on March 23,2004, but were not fully incorporated into the codified version of the
Ordinance.
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NOW, THEREFORE, the Lake Elsinore City Council does hereby amend Section 2.46
of the Lake Elsinore Municipal Code as indicated and set forth in full hereinbelow:
SECTION 2.46.010 - DEFINITION. "Public Safety" is that which is
related to Police, Fire, Code Enforcement Services and civil disaster
within the City of Lake Elsinore.
SECTION 2.46.020 - CREATION OF A PUBLIC SAFETY
ADVISORY COMMISSION. A Public Safety Advisory Commission is
established.
SECTION 2.46.030 - MEMBERSHIP. The Public Safety Advisory
Commission shall consist of five members. Members of the Public Safety
Advisory Commission shall: (1) reside within the City of Lake Elsinore; or
(2) be an owner of a business that is established and currently licensed inside
the City of Lake Elsinore. Members shall be subject to a routine background
check to be administered by the Police Department.
SECTION 2.46.040 - APPOINTMENT - REMOVAL. The Members of the
Public Safety Advisory Commission shall be appointed by each member ofthe
City Council and may be removed at his/her pleasure, but subject to the approval
by the majority vote of the City Council. Upon its creation the Mayor shall select
the Chairman of the Commission and the Commission members shall thereafter
select the Vice-Chairman. The offices of Chairman