HomeMy WebLinkAboutOrd. No. 2007-1212
ORDINANCE NO. 1212
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
AMENDING SECTIONS 16.83.020, 16.83.030, 16.83.040,
16.83.050, 16.83.060, AND 16.83.080 OF CHAPTER 16.83 OF
THE LAKE ELSINORE MUNICIPAL CODE REGARDING
THE TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
WHEREAS, Chapter 16.83 Western Riverside County Transportation
Uniform Mitigation Fee Program was added to the Lake Elsinore Municipal Code
in 2003 to establish a schedule of fees imposed on new development to enlarge the
capacity of the Regional System of Highways and Arterials; and
WHEREAS, an updated "W e~tern Riverside County Transportation Fee
Nexus Study (Nexus Study) has been prepared and is adopted and incorporated
herein; and
WHEREAS, the City Council has determined to amend certain sections of
Chapter 16.83 to reflect changes recommended by Western Riverside Council of
Governments ("WROG").
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 16.83.020 is hereby amended and restated as follows:
16. 83.020 Findings.
A. The City is a Member Agency of WRCOG, a joint powers agency
consisting of the City, the County of Riverside, and the thirteen cities situated in
Western Riverside County. Acting in concert, the Member Agencies of WRCOG
developed a plan whereby the shortfall in funds needed to enlarge the capacity of
the Regional System of Highways and Arterials in Western Riverside County (the
"Regional System") could be made up in part by a Transportation Uniform
Mitigation Fee on future residential, commercial and industrial development. A
map depicting the boundaries of Western Riverside County is available in the
office of the City Clerk and made a part hereof. As a Member Agency ofWRCOG,
the City participated in the preparation of a certain "Western Riverside County
Transportation Uniform Mitigation Fee Nexus Study," dated October 18, 2002
CITY COUNCIL ORDINANCE NO. 1212
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("2002 Nexus Study") prepared pursuant to California Government Code, Section
66000 et seq., the Mitigation Fee Act. Based on this nexus study, the City adopted
and implemented an ordinance authorizing its participation in a Transportation
Uniform Mitigation Fee Program.
B. 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 Ordinance
No. 1096. The Nexus Study is available in the office of the City Clerk and made a
part hereof.
C. Consistent with its previous findings made in adoption of Ordinance
No. 1096, 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 as it
presently exists.
D. 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 and the City,
with unacceptable Levels of Service throughout Western Riverside County by
2030.
E. The City Council has been further advised, and so finds that funding,
in addition to those fees adopted pursuant to the 2002 Nexus Study, 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.
F. The City Council has reviewed the Nexus Study, and hereby 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.
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G. The City Council hereby finds and determines 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.
H. The City Council further finds and determines 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
proj ects on which the TUMF will be levied.
1. The City Council 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.
J. 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.
K. The City Council further 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.
L. The fees collected pursuant to this Chapter 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.
CITY COUNCIL ORDINANCE NO. 1212
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M. 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.
N. 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.
O. 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.
SECTION 2. Section 16.83.030 is hereby amended and restated as follows:
16.83.030 Definitions. For the purpose of this chapter, the following words,
terms and phrases shall have the following meanings:
"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.
"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
CITY COUNCIL ORDINANCE NO. 1212
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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.
"Development project" or "project" means any project undertaken for the
purpose of development including the issuance of a permit for construction.
"Financing district" means a community facilities district or similar benefit
district for the purpose of financing public infrastructure.
"Gross acreage" 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.
"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 codes, and state and local laws.
"Industrial project" means any development project that proposes any
industrial or manufacturing use allowed in Title 17 (Zoning) of the City Municipal
Code zoning classifications: C-M, M-l, M-2, or Specific Plan District with one of
the aforementioned zones used as the base zone.
"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.
"Multi-family residential unit" means a development project that has a
density of greater than eight (8) residential dwelling units per gross acre.
"Non-residential unit" means retail commercial, service commercial and
industrial development which is designed primarily for non-dwelling use, but shall
include hotels and motels.
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"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.
"Retail commercial project" means any development project that proposes
any commercial use not defined as a service commercial proj ect allowed in Title
17 (Zoning) of the City Municipal Code classifications: C-O, C-l, C-2, C-P, or
Specific Plan District with one of the aforementioned zones used as the base zone.
"Service commercial project" means any development project that is
predominately dedicated to business activities associated with professional or
administrative services, and typically consist of corporate offices, financial
institutions, legal and medical offices.
"Single family residential unit" means each residential dwelling unit in a
development that has a density of eight (8) units to the gross acre or less.
SECTION 3. The following shall be added as the last sentence of Section
16.83.040, subpart A:
Following the increase in fees set forth herein as of July 1,2009, such future
changes to the schedule of fees shall be adopted by resolution.
SECTION 4. Section 16.83.040, subparts B, C, D, E, F and G are hereby
amended and restated as follows:
B. Fee calculation. T he fees shall be calculated according to the
calculation methodology set forth in the Fee Calculation Handbook adopted July 14,
2003, as amended from time to time. The following shall be observed for purposes of
calculating the fee:
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 or structure identified in the building permit and as further specified in the
TUMF Administrative Plan.
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2. 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 Administrative Plan.
C. Fee adjustment. The fee schedule may be periodically reviewed and
the amounts adjusted by the WRCOG Executive Committee. The fees may be
increased or decreased as provided herein 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 chapter, as well as the availability or lack thereof of other funds with
which to construct the Regional System. WRCOG shall review the TUMF program
not less than every four (4) years.
D. Purpose. The purpose of the TUMF is to fund those certain
improvements to the Regional System 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.
2. Government/public buildings, public schools and public
facilities.
3. The rehabilitation and/or reconstruction of any habitable
structure in use on or after January 1, 2000 provided that the same or fewer traffic
trips are generated as a result thereof.
4. 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 chapter, wherein the imposition of new fees are expressly
prohibited provided that if the term of such a Development Agreement is extended
by amendment or by any other manner after the effective date of this chapter, the
TUMF shall be imposed.
CITY COUNCIL ORDINANCE NO. 1212
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5. Guest quarters, as defined in Chapter 1 7 (Zoning) of the City
Municipal Code.
6. Additional single family residential units located on the same
parcel pursuant to the provisions of any agricultural zoning classifications of any
agricultural zoning classifications as set forth in Chapter 17 (Zoning) of the City
Municipal Code.
7. Kennels established in connection with an existing single
family residential unit and as defined in Chapter 17 (Zoning) of the City Municipal
Code.
8. Second units pursuant to Chapter 17 (Zoning) of the City
Municipal Code.
9. The sanctuary building of a church or other house of worship,
eligible for a property tax exemption.
10. Any nonprofit corporation or nonprofit organization offering
and conducting full-time day school at the elementary or high school level for
students between the ages of five and eighteen years.
G. Credits. Regional System improvements may be credited toward the
TUMF in accordance with the TUMF Administrative Plan and the following:
1. Regional Tier
a. Arterial Credits. If a developer constructs arterial
improvements identified on the Regional System, the developer shall receive credit
for all costs associated with the arterial component based on approved unit cost
assumptions for the Regional System. All such credits must have prior written
approval from WRCOG.
b. 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 City in
consultation with the developer. All such credits must have prior written approval
from WRCOG.
CITY COUNCIL ORDINANCE NO. 1212
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c. 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.
2. Local Tier
a. 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 a recognized financing district has been established.
b. If a recognized financing district is established, the local
agency may credit that portion of the facility identified in both programs against
the TUMF in accordance with the TUMF Administrative Plan.
SECTION 5. Sections 16.83.050, 16.83.060 and 16.83.080 are hereby
amended and restated as follows:
16.83.050 Reimbursements. Should the developer construct Regional System
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. Reimbursements shall be enacted through a three party agreement including
the developer, WRCOG, and the City, 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 Improvements Program adopted annually by WRCOG.
16.83.060 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 chapter.
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 final inspection, whichever comes first
(the "Payment Date"). However, this section should not be construed to prevent
payment of the fees prior to issuance of a certificate of occupancy or final
CITY COUNCIL ORDINANCE NO. 1212
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inspection. Fees may be paid at the time application is made for a building permit,
however, the fee payment shall be calculated based on the fee in effect at the
Payment Date. If the amount of the fee has been increased between the time that
the developer paid the fee and the Payment Date, the developer shall pay the
difference of the Payment Date. The fees shall be calculated according to fee
schedule as provided herein and the calculation methodology set forth in the Fee
Calculation Handbook adopted July 14,2003, as amended from time to time.
2. The fees required to be paid shall be the fee amounts in effect at
the time payment is due under this chapter, not the date the chapter is initially
adopted. The City shall not enter into a development agreement which freezes
future adjustments of the TUMF.
3. 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.
4. Fees shall not be waived.
C. Disposition of Fees. All fees collected hereunder 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 chapter and
the Mitigation Fee Act.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the
provisions of the TUMF Administrative Plan. Appealable issues shall be the
application of the fee, application of credits, application of reimbursement,
application of the legal action stay and application of exemption.
E. Reports to WRCOG. The Community Development Director, or
his/her designee, shall prepare and deliver to the Executive Director of WRCOG,
periodic reports as will be established under Section 16.83.080 of this chapter.
16.83.080 Appointment of the TUMF 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 City, and to invest, account for and expend such fees in
accordance with the provisions of this chapter and the Mitigation Fee Act. The
CITY COUNCIL ORDINANCE NO. 1212
PAGE 11 OF 12
detailed administrative procedures concerning the implementation of this chapter
shall be contained in the TUMF Administrative Plan adopted May 5, 2003 and as
may be amended from time to time. Furthermore, the TUMF Administrator shall
use the Fee Calculation Handbook adopted July 14,2003, as amended from time to
time, for the purpose of calculating a developer's TUMF obligation. In addition to
detailing the methodology for calculating all TUMF obligations of different
categories of new development, the purpose of the Fee Calculation Handbook is to
clarify for the TUMF Administrator, where necessary, the definition and
calculation methodology for uses not clearly defined in the respective TUMF
ordinances.
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. The TUMF Administrative Plan
further outlines the fiscal responsibilities and limitations of the Administrator.
SECTION 6: 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 7: This Ordinance shall take effect 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 27th
day of March, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1212
PAGE 12 OF 12
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this lOth day of April, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NO~v
Rob . Magee, May
City of Lake Elsinore
ATTEST:
" Q0clJL ~
MIChelle Soto, Interim City Clerk
City of Lake Elsinore
APPROVED A.S TO FORM~
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B'arbara Zejd Leibold, City Attorney
City of Lake Elsinore