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Home My WebLink About19-01 CC Ordinance ORDINANCE NO. 19-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE A PROCESS FOR WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS' CALCULATION AND COLLECTION OF FEES UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM, AND DETERMINING THAT THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15378(B)(4) OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Municipal Code Amendment. Section 15.08.020 (Findings.) of Chapter 15.08 (Western Riverside County Transportation Mitigation Fee Program) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to add a new subsection J to read as follows: "J. WRCOG, upon the recommendation of the WRCOG Executive Committee, now desires to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2019." Section 2. Municipal Code Amendment. Subsection B of Section 15.08.040 (Establishment of the transportation uniform mitigation fee.) of Chapter 15.08 (Western Riverside County Transportation Mitigation Fee Program) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows: "B. Fee Calculation. The fees shall be calculated by WRCOG according to the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. In addition to data in the Fee Calculation Handbook, WRCOG Staff may consider the following items when establishing the appropriate fee calculation methodology: 1. Underlying zoning of the site; 2. Land-use classifications in the latest Nexus Study; 3. Project specific traffic studies; 4. Latest standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual; 5. Previous TUMF calculations for similar uses; 1 6. WRCOG staff shall approve final draft credit / reimbursement agreement prior to execution. WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided by the local agency. In case of a conflict between the applicant,WRCOG,and/or the local agency regarding the fee calculation methodology,the dispute resolution process in the TUMF administrative plan will apply." Section 3. Municipal Code Amendment. Subsection F of Section 15.08.040 (Establishment of the transportation uniform mitigation fee.) of Chapter 15.08 (Western Riverside County Transportation Mitigation Fee Program) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to change all references from 15.08.020 to 15.08.030. Section 4. Municipal Code Amendment. Section 15.08.060 (Procedures for the Levy, Collection and Disposition of Fees.) of Chapter 15.08 (Western Riverside County Transportation Mitigation Fee Program) of Title 15 (Buildings and Construction)of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Authority of the Building Department. The director of building and safety, or 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. Payment of the fees shall be as follows: 1. All fees collected hereunder shall be collected by WRCOG for deposit, investment,accounting and expenditure in accordance with the provisions of this chapter, TUMF administrative plan, and the Mitigation Fee Act. 2. 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 an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the 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 fee schedule set forth in this chapter, or resolution adopted pursuant thereto, and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. 3. The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this chapter, not the date the ordinance adopting this chapter,or any amendment thereto,is initially adopted.The City shall 2 not enter into a development agreement which freezes future adjustments of the TUMF. 4. 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. 5. 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. E. Reports to WRCOG. The director of building and safety,or designee, shall prepare and deliver to the executive director of WRCOG, periodic reports as will be established under Section 15.08.070 of this chapter." Section 5. Municipal Code Amendment. Subsection A of Section 15.08.070 (Appointment of the TUMF administrator.) of Chapter 15.08 (Western Riverside County Transportation Mitigation Fee Program)of Title 15 (Buildings and Construction)of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. WRCOG is hereby appointed as the administrator of the transportation uniform mitigation fee program. WRCOG is hereby authorized to collect 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 detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF administrative plan. 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." Section 6. Environmental Findings. The amendments to the Transportation Uniform Mitigation Fee Program as described in this Ordinance is not a "project" within the meaning of Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Section 15378(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Ordinance does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. Instead, 3 this Ordinance simply provides that WRCOG can collect the TUMF instead of the City. This Ordinance will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061(d) and 15062, a Notice of Exemption will be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and therefore, no environmental impact assessment is necessary. Section 7. Severability. If any one 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 8. 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 9. Effective Date. This Ordinance shall take effect on effect thirty(30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2019. Michael S. Naggar, gg � Mayor ATTES • Randi , ity Clerk [SEAL] 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Joh!, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 19-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of January, 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of February, 2019,by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Rahn, Schwank, Stewart, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None — Randi Johl, City Clerk 5