HomeMy WebLinkAbout03-01 CC Ordinance
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ORDINANCE NO. 03-01
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
TEMECUlA AUTHORIZING PARTICIPATION IN THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM
MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO
THE TEMECUlA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN 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
15.08 of the Temecula Municipal Code.
Section 2:
Findings
The City Council of the City of Ternecula hereby finds and declares:
A. The Board of Supervisors has been informed and advised, and has found, 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 they presently exist. A map depicting the boundaries of Western
Riverside County and the Regional System is attached hereto as Exhibit "A" and made a part
hereof.
B. The Board of Supervisors has been further informed and advised, and has found,
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 Board of Supervisors has been further advised, and has found, that funds
will be inadequate to fund construction of the Regional System needed to avoid 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 Systern, resulting in an unacceptably high level of
traffic congestion with and around the City and within Western Riverside County.
D. The County is a Member Agency of the Western Riverside Council of
Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and
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 enlarge the
capacity of the Regional System could be made up in part by a Transportation Uniform
Mitigation Fee on future residential, commercial and industrial development. As a Member
Agency of WRCOG, the County participated in preparation of that certain ''Western Riverside
County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, and
prepared pursuant to Government Code Section 66000 et. seq., the Mitigation Fee Act (the
"Nexus Study").
E. The Board of Supervisors has reviewed the Nexus Study, and has found that
future development within the County of Riverside and the cities will substantially adversely
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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 Board of Supervisors has found and determined that the failure to mitigate
growing traffic impacts on the Regional System within Western Riverside County 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.
G. The Board of Supervisors has found and determined 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.
H. The Board of Supervisors has found and determined 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 Board of Supervisors has found and determined 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 City Council of the City of Temecula has independently reviewed all the facts
and evidence in the record and hereby finds and declares that they concur with and adopt the
findings made by the Board of Supervisors as set forth above.
K. 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.
L. 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 (10) days
prior to the hearing, the City made the Nexus Study available to the public.
M. 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.
N. 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.
O. The City Council hereby adopts the Nexus Study, which Study is attached hereto
as Exhibit "B" and incorporates it herein as though set forth in full.
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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 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 right-of-way and property lines.
C. "Gross Floor Area" means the sum of the gross horizontal areas of the several
floors of a building or habitable structure from the exterior face of exterior walls, or from the
centerline of a wall separating two buildings.
D. "Industrial Project" means any development project, at the time of issuance of
any building permit, in where manufacturing, assembly, processing, packaging, or storage of
products takes place and as further defined by the following zoning designations identified in the
Light Industrial and Business Park Zones or within a similarly defined planning area within an
adopted specific plan, as defined in Title 17 of the Temecula Municipal Code.
E. "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.
F. "Multi-Family Residential Unit" means a development project that has a
density of greater than six (6) residential dwelling units per acre.
G. "Non-Residential Unit" means each square foot of gross floor area (or fraction
thereof) of retail, commercial and industrial development, which is designed primarily for non-
dwelling use, but shall include hotels and motels.
H. "Residential Dwelling Unit" means a building or portion thereof used by one (1)
family and containing but one (1) kitchen, which are designed primarily for residential occupancy
including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include
hotels or motels.
I. "Retail Commercial Project" means any development project in a commercial
zone at the time of issuance of any building permit that is not defined as a Service Commercial
project shall be subject to the Retail Commercial fee; and as further defined by the following
zoning designations identified in the Neighborhood Commercial, Community Commercial,
Highway Tourist Commercial, and Service Commercial Zones or within a similarly defined
planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal
Code.
J. "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. and as further defined in the Professional Office Zone or within a similarly defined
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planning area within an adopted specific plan, as defined in Title 17 of the Temecula Municipal
Code.
K. "Single-Family Residential Unit" means each residential dwelling unit in a
development that has a density of six (6) units to the acre or less.
Section 4:
Establishment of the Transportation Uniform Mitigation Fee
A. Adoption. There is hereby adopted the following schedule of fees:
$ 6,650 per Single-Family Residential Unit
$ 4,607 per Multi-Family Residential Unit
$ 1.45 per Square Foot of Gross Floor Area of an Industrial Project
$ 7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project
$ 4.84 per Square Foot of Gross Floor Area of a Service Commercial Project
B. Fee Calculation.
i. For non-residential projects, the fee rate utilized shall be based upon the
predominated use of the building or structure identified in the building permit as further specified
in the TUMF Administration Plan.
ii. For non-residential projects, the fee shall be calculated on the total
square footage of the gross floor area 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 of the effective date of this 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 depicted on Exhibit A and identified in the Nexus Study, Exhibit B.
E. Applicability. The TUMF shall apply to all new development within the existing
and future City boundaries, located within the County of Riverside, as identified by Exhibit C,
unless otherwise exempt hereunder.
F. Exemptions. The following new development shall be exempt from the TUMF:
i. Low-income residential housing.
ii. Government/Public buildings, public schools and public facilities.
Iii. The rehabilitation and/or reconstruction of any legal, residential structure
and/or the replacement of a previously existing dwelling unit.
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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 Public Facilities
Development Agreement entered into pursuant to Government Code, Section 65864 et. seq.
prior to the effective date of this Ordinance, wherein the imposition of new fees are expressly
prohibited provided that if the term of such a Development Agreement is extended after the
effective date of this Ordinance; the TUMF shall be imposed.
vi. Guest Dwellings as defined in Chapter 17.06 of the Temecula Municipal
Code.
vii. Additional single-family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications as defined in Title 17 of the
Temecula Municipal Code.
viii. Kennels and Catteries established in connection with an existing single-
family residential unit as defined in Title 17 of the Temecula Municipal Code.
ix. Detached Second Units and Attached Second Units pursuant to Chapter
17.06 of the Temecula Municipal Code.
x. The sanctuary building of a church or other house of worship, eligible for
a property tax exemption.
xi. Residential projects that have been issued a building permit prior to the
effective date of this Ordinance.
xii.
June 30, 2004.
Non-Residential projects that have been issued a building permit prior to
G. Credits. Regional System improvements may be credited toward the
TUMF in accordance with the TUMF Administration Plan and the following:
Regional Tier
i. Arterial Credits: If a developer constructs arterial improvements
identified on the Regional System, the developer shall receive credit for all the costs associated
with the arterial component based on approved unit cost assumption for the Regional System.
ii. 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.
iii. The amount of the development fee credit shall not exceed the maximum
amount determined by the most current unit cost assumption for the Regional System or actual
costs, whichever is less.
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Local Tier
iv. 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.
v. 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 if 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 fiver-year Capital Improvement Program adopted annually by WRCOG.
Section 6:
Procedures for the Levy, Collection and Disposition of Fees
A. Authority of the Building Department. The Director of Building & Safety, 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.
i. The fees shall be paid at the time a building permit is issued for the
Development Project.
ii. For non-residential projects the fees shall be phased in as follows:
From July 1, 2004 to June 30, 2005, the fee schedule shall be:
$0.48 per Square Foot of Gross Floor Area of an Industrial Project
$2.60 per Square Foot of Gross Floor Area of a Retail Commercial Project
$1.61 per Square Foot of Gross Floor Area of a Service Commercial Project
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
$0.96 per Square Foot of Gross Floor Area of an Industrial Project
$5.20 per Square Foot of Gross Floor Area of a Retail Commercial Project
$3.23 per Square Foot of Gross Floor Area of a Service Commercial Project
On July 1, 2006 and thereafter, the fee schedule shall be:
$1.45 per Square Foot of Gross Floor Area of an Industrial Project
$7.81 per Square Foot of Gross Floor Area of a Retail Commercial Project
$4.84 per Square Foot of Gross Floor Area of a Service Commercial Project
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iii. 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 shall be transmitted to the
Executive Director of WRCOG within thirty (30) 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 Building & Safety, 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 Action on Non-Residential Projects.
If a legal action, including a 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 month
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 come 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 herby 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 provision 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
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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. Environmental Review
The potential improvements to be funded through the TUMF program represent
components of the adopted General Plan that has already received the appropriate review when
the General Plan was approved. Based upon this fact, the City Council hereby finds that the
adoption of this ordinance is exempt from further review pursuant to CEQA Guideline Sections
15162(a) and 15061 (b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has
been certified for a project, no additional environmental review is required unless there is
substantial evidence that the project has changed. The Final EIR for the City General Plan was
certified on November 9, 1993.
Section 11. Effective Date
This Ordinance shall take effect on the 61st day following its enactment.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
the 28th day of January, 2003.
I ATTEST:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
ss
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 03-01 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 14'h day of January, 2003, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 28'h day of January, 2003, by the following roll call vote:
AYES:
5
COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES:
o
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
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ones, CMC
City Clerk
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