HomeMy WebLinkAboutOrd. No. 2006-1178
ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING SECTION 16.83.030
AND SECTION 16.83.040, SUBPART A, OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING ADOPTION OF THE FEES FOR
THE TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
WHEREAS, Section 16.83.040C provides for periodic adjustment of the fee
schedule pertaining to Chapter 16.83; and
WHEREAS, WRCOG with the assistance of its member agencies have now
prepared an updated "Western Riverside County Transportation Fee Nexus Study"
("Nexus Study") pursuant to California Government Code Section 66000 et seq., the
Mitigation Fee Act for the purpose of updating the fees imposed by Chapter 16.83; and
WHEREAS, the City Council finds that future development within Western
Riverside County and the cities therein will result in traffic volumes exceeding the
capacity of the Regional System as it presently exists; and
WHEREAS, the City Council 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 and the City, with unacceptable Levels of Service throughout Western
Riverside County by 2030; and
WHEREAS, the City Council finds that funding, in addition to those fees
currently set under Chapter 16.83 will be inadequate to fund construction of the Regional
System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF")
based on the Nexus Study, existing and known future funding sources will be inadequate
to provide necessary improvements to the Regional System, resulting in an unacceptably
high level of traffic congestion within and around Western Riverside County and the
City; and
WHEREAS, the City Council finds that future development within the County
and City will substantially adversely affect the Regional System, and that unless such
development contributes to the cost of improving the Regional System, the Regional
System will operate at unacceptable Levels of Service; and
WHEREAS, the City Council finds that the failure to mitigate growing traffic
impacts on the Regional System within Western Riverside County and the City will
substantially 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; and
CITY COUNCIL ORDINANCE NO. 1178
Page 2 of6
WHEREAS, the City Council finds that there is a reasonable 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; and
WHEREAS, the City Council finds 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; and
WHEREAS, the City Council finds 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; and
WHEREAS, the City Council finds that the cost estimates set forth in the Nexus
Study are reasonable cost estimates for the facilities that comprise the Regional System;
and that TUMF program revenues to be generated by new development will not exceed
the total fair share of these costs; and
WHEREAS, 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; and '
WHEREAS, 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 thereunder, and
at least ten days prior to the hearing, the City made the Nexus Study available to the
public; and
WHEREAS, 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; and
-
WHEREAS, 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; and
WHEREAS, the City Council hereby adopts the Nexus Study, which Study is on
file with the office of the City Clerk.
CITY COUNCIL ORDINANCE NO. 1178
Page 3 of6
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 16.83.030 of the Lake Elsinore Municipal Code is
hereby amended to add the following:
K. "Class 'A' Office" means an office building that is typically characterized
by high quality design, use of high end building materials, state of the art
technology for voice and data, on site support services/maintenance, and
often includes full service ancillary uses such as, but not limited to a bank,
restaurant/office coffee shop, health club, printing shop, and reserved
parking. The minimum requirements of an office building classified as
Class 'A" Office shall be as follows: (i) minimum of three stories; (ii)
minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv)
central, interior lobby; and (v) access to suites shall be from inside the
building unless the building is located in a central business district with
major foot traffic, in which case the first floor may be accessed from the
street to provide entrances/ exits for commercial uses within the building.
L. "Class 'B' Office" means an office building that is typically characterized
by high quality design, use of high end building materials, state of the art
technology for voice and data, on site support services/maintenance, and
often includes full service ancillary uses such as, but not limited to a bank,
restaurant/office coffee shop, health club, printing shop, and reserved
parking. The minimum requirements of an office building classified as
Class 'B" Office shall be as follows: (i) minimum of two stories; (ii)
minimum of 20,000 square feet per floor; (iii) steel frame, concrete or
masonry shell construction; (iv) central, interior lobby; and (v) access to
suites shall be from inside the building unless the building is located in a
central business district with major foot traffic, in which case the first floor
may be accessed from the street to provide entrances/exits for commercial
uses within the building.
M. "Habitable Structure" means any structure or part thereof where persons
reside, congregate or work and which is legally occupied in whole or part in
accordance with applicable building code,s, and state and local laws.
SECTION 2. That 16.83.040, Part A, of the Lake Elsinore Municipal Code is
hereby amended and restated as follows:
A. Adoption. Subject to the exemptions set forth in Section 16.83.040F and
the phase-in periods set forth herein, there is hereby adopted the following schedule of
fees:
CITY COUNCIL ORDINANCE NO. 1178
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(i) TUMF fee schedule:
$9,693.00 per single family residential unit
$6,806.00 per multi-family residential unit
$2.27 per square foot of an industrial project
$12.49 per square foot ofa retail commercial project
$6.33 per square foot of a service commercial project
$2.11 per square foot of a Class A Office project until June 30, 2007 plus
any Construction Cost Index adjustments that may occur
$2.11 per square foot of a Class B Office project until June 30, 2007 plus
any Construction Cost Index adjustments that may occur
(ii) For non-residential projects, the fees set forth in Section 16.83.040F(i) shall
be phased in as follows:
From July 1, 2006 to June 30, 2007, the fee schedule shall be as follows:
$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
$2.11 per square foot of a Class A Office project and Class B Office project
until June 30, 2007 plus any Construction Cost Index adjustments that may
occur
From July 1, 2007 to June 30, 2008, the fee schedule shall be as follows:
$1.81 per square foot of an industrial project
$9.83 per square foot of a retail commercial project
$5.63 per square foot of a service comme'rcial project
From July 1,2008 to June 30, 2009, the fee schedule shall be as follows:
$2.04 per square foot of an industrial project
$11.16 per square foot of a retail commercial project
CITY COUNCIL ORDINANCE NO. 1178
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$5.98 per square foot of a service commercial project
From July 1,2009, the fee schedule shall be as follows:
$2.27 per square foot of an industrial project
$12.49 per square foot ofa retail commercial project
$6.33 per square foot of a service commercial project
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 4. This Ordinance shall take effect sixty (60) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 25 day of
April, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUC~EY, HICKMAN, KELLEY,
SCHIFFNER
NOES: COUNCILMEMBERS: MAGEE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO.117S
Page 6 of6
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23
day of May, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER
NOES: COUNCILMEMBERS: MAGEE
ABSENT: COUNCILMEMBERS: NONE
I
Robert E. Magee,
City of Lake Elsin ,
ABSTAIN: COUNCILMEMBERS: NONE
Frederick Ray, ty Clerk
City of Lake Elsinore