HomeMy WebLinkAboutItem No. 31 - Introduction of an Ordinance Amending Section 16.83.060 of the LEMC Regarding the TUMF Program31)Introduction of an Ordinance Amending Section 16.83.060 of the Lake Elsinore
Municipal Code Regarding the Transportation Uniform Mitigation Fee (TUMF)
Program
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF lake elsinore, CALIFORNia AMENDING LAKE ELSINORE
MUNICIPAL CODE SECTION 16.83.060 TO authorize WRCOG to CALCULATE AND
COLLECT FEES UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE (TUMF) PROGRAM
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:November 14, 2023
Subject:Introduction of an Ordinance Amending Section 16.83.060 of the Lake
Elsinore Municipal Code Regarding the Transportation Uniform Mitigation
Fee (TUMF) Program
Recommendation
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING LAKE ELSINORE MUNICIPAL
CODE SECTION 16.83.060 TO AUTHORIZE WRCOG TO CALCULATE AND COLLECT FEES
UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) PROGRAM
Background
The City of Lake Elsinore is a Member Jurisdiction of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and
eighteen cities located in Western Riverside County. Acting in concert, in 2002-2003, WRCOG
member jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the
capacity of the Regional Systems of Highways and Arterials due to new development in Western
Riverside County could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”)
on future residential, commercial, and industrial development.
Discussion
Currently, staff calculates TUMF fees for all development projects. Applicable fees are due prior
to issuance of a Certificate of Occupancy, but the developer may elect to pay as early as issuance
of a building permit. Fees are remitted to WRCOG monthly, and building permits are audited on
a yearly basis. Under the current process and as defined in the TUMF Administrative Plan, “Any
balance in TUMF obligation due to incorrect development project information will be the
responsibility of the participating jurisdiction.”
TUMF Program Amendment
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WRCOG created a process in 2017 which allows for WRCOG staff to calculate applicable TUMF
fees for all development projects as well as accept payment should the participating agency elect
to do so and modify their respective ordinances accordingly. Converting the manner which TUMF
fees are calculated and paid directly to WRCOG significantly reduces the risk of the City being
responsible for any incorrect fee calculations. Under the proposed process and consistent with
the TUMF Administrative Plan, “In the event a participating jurisdiction makes the election to have
WRCOG calculate and collect TUMF, WRCOG shall take full responsibility for calculating the
TUMF obligation, and any shortfall in the calculation shall not be the responsibility of the
participating jurisdiction.”
Fiscal Impact
There is no fiscal impact.
Attachments
Attachment 1 – Ordinance
Attachment 2 – Notice of Public Hearing
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION
16.83.060 TO AUTHORIZE WRCOG TO CALCULATE AND COLLECT FEES
UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) PROGRAM
WHEREAS, the City Council of the City of Lake Elsinore (“City”) is a member agency of
the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of
the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the
WRCOG and Member Agencies 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 could be made up in part by the Transportation Uniform Mitigation Fee (“TUMF”) on future
residential, commercial, and industrial development; and
WHEREAS, the City Council of the City had previously adopted Ordinance No. 2017-
1381, titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 16.83 TO UPDATE THE WESTERN RIVERSIDE
COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM on September
26, 2017, to facilitate participation in the WRCOG TUMF program; and
WHEREAS, Section 16.83.060 of the Lake Elsinore Municipal Code, “Procedures for the
Levy, Collection and Disposition of Fees,” authorized the TUMF fee to be collected by the City
from developers directly at the time such TUMF fees were due; and
WHEREAS, the City now desires to amend Section 16.83.060 to authorize the TUMF fees
to be collected by WRCOG directly from the developers from the effective date of this Ordinance
forward.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
Section 1.Recitals. The recitals above are true and correct and are incorporated herein by this
reference.
Section 2.Findings.
A. WRCOG, upon the recommendations of the WRCOG Executive Committee, has adopted
a process in which WRCOG calculates and collects TUMF on behalf of member agencies
directly from the developer upon which the fee is imposed under the Western Riverside
County Transportation Uniform Mitigation Fee Program Ordinance of 2018 and the City
Council so desires WRCOG to collect the TUMF on behalf of the City.
B. The findings set forth in Ordinance No 2017-1381 remain true and correct, and by this
reference are incorporated into this Ordinance No. 2023-___ as set forth in full herein.
This Ordinance No. 2023-___ shall amend and replace Lake Elsinore Municipal Code
Section 16.83.060, and to the extent any provisions herein conflict with any provisions of
Ordinance No. 2017-1381 or any other ordinance of the City, the City Council finds and
determines that it is the intent of the City Council that the provisions herein shall control.
All other provisions of Ordinance No. 2017-1381 shall remain in full force and effect.
CC Ord. No. 2023-
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Section 3.Amended Language to Lake Elsinore Municipal Code Section 16.83.060.
Lake Elsinore Municipal Code Section 16.83.060, Procedures for the Levy, Collection and
Disposition of Fees, shall be amended in its entirely to read as follows:
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 provide WRCOG with
development project specifics for the calculation of TUMF in a manner consistent with the
TUMF Administrative Plan.
B. Payment and Collection. Payment of the fees shall be as follows:
i. All fees collected hereunder shall be collected by WRCOG directly from the developer
for deposit, investment, accounting and expenditure and in accordance with the
provisions of this Ordinance, TUMF Administrative Plan, and the Mitigation Fee Act.
ii. The TUMF fees shall be paid by the developer to WRCOG 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 TUMF fees by the developer to WRCOG prior to issuance of
a certificate of occupancy or final inspection. TUMF fees may be paid at the issuance
of a building permit, and the fee payment shall be calculated based on the TUMF fee
in effect at that time, provided the developer tenders the full amount of his/her TUMF
obligation. If the developer makes only a partial payment prior to the Payment Date,
the amount of the fee due shall be based on the TUMF fee schedule in place on the
Payment Date. The fees shall be calculated according to the fee schedule set forth in
the Ordinance and the calculation methodology set forth in the Fee Calculation
Handbook adopted July 14, 2003, as amended from time to time.
iii. The fees required to be paid shall be the fee amounts in effect at the time of payment
is due under this ordinance, not the date the Ordinance is initially adopted. The City
shall not enter into a development agreement which freezes future adjustments of the
TUMF.
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. The obligation
to pay the fee shall run with the land and be binding on all the successors in interest
to the property.
v. Fees shall not be waived.
C. Issuance of Certificate of Occupancy. The City shall not issue a certificate of occupancy
for any Development Project until WRCOG has provided written evidence that it has
collected the fee.
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.
CC Ord. No. 2023-
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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 16.83.070 of this Chapter.
Section 4. CEQA. The City Council finds that the actions contemplated by this
Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting physical change to the environment, directly or indirectly.
Section 5. Effect. No provisions of this Ordinance shall entitle any person who has
already paid the TUMF to receive a refund, credit or reimbursement of such payment. This
Ordinance does not create any new TUMF.
Section 6. Severability. If any one or more 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 7. Judicial Review. In accordance with State Law, any judicial action or
proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within
ninety (90) days of the date of adoption of this Ordinance.
Section 8. Validity. This Ordinance amends and replaces Lake Elsinore Municipal
Code Section 16.83.060, provided this Ordinance is not declared invalid or unenforceable by a
court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or
unenforceable by a court of competent jurisdiction, the text of Lake Elsinore Municipal Code
Section 16.83.060 as set forth in Ordinance No 2017-1381 and all other related ordinances and
policies shall remain in full force and effect.
Section 9: Effective Date. This Ordinance shall become effective at 12:01 a.m. on
the thirty-first (31st) day after the date of adoption.
Section 10: Certification. The City Clerk shall certify to the passage of this Ordinance
and shall cause a synopsis of the same to be published according to law.
Passed, Approved, and Adopted at a regular meeting of the City Council of the City of
Lake Elsinore, California, on this 14th day of November 2023.
Natasha Johnson
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
CC Ord. No. 2023-
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Ordinance No. 2023- was introduced by the City Council of the City of Lake Elsinore, California,
at its Regular meeting of November 14, 2023 and adopted at its Regular meeting of December
12, 2023 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
PH-Amend Ord 1381 - Page 1 of 1
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