HomeMy Public PortalAboutOrdinance 8391
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ORDINANCE NO. 839
AN ORDINANCE OF THE CITY OF BEAUMONT
AUTHORIZING PARTICIPATION IN THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM
AND ADDING CHAPTER 3.23 TO THE BEAUMONT MUNICIPAL CODE
The City Council of the City of Beaumont hereby ordains 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 3.23 of the Beaumont Municipal Code.
Section 2: Findings
A. 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 of Highways and Arterials (the "Regional System") as they
presently exist. A map depicting the boundaries of Western Riverside County and the system is attached
hereto as Exhibit "A" and made a part hereof.
B. 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, with unacceptable Levels of Service throughout Western Riverside County
by 2025.
C. The City Council has been further advised, and hereby finds that funds will be inadequate
to fund construction of the Regional System needed to avoid the 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
System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside
County.
D. The City is a Member Agency of the Western Riverside Council of Governments
(WRCOG), a joint powers agency consisting of the County of Riverside and the thirteen 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 expand the capacity of the Regional System could be made
up in part by a Transportation Uniform Mitigation Fee on future residential and non-residential
development. As a Member Agency of WRCOG, the City participated in the preparation of that certain
"Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18,
2002, prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act
(the "Nexus Study").
E. The City Council has reviewed the Nexus Study, and hereby finds that future development
within the County and Cities will substantially adversely 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.
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F. The City Council hereby finds and determines that the failure to mitigate growing traffic
1 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
2 will adversely affect the public health, safety and welfare.
3 G. 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
4 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
5 which the TUMF will be levied.
6 H. 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
7 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
8 System improvements and the burden of such development will be mitigated in part by the payment of the
TUMF.
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I. The City Council further finds and determines that the cost estimates set forth in the Nexus
10 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
11 cost to such development.
12 J. 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
13 need for the improvements is related to new development because such development results in
additional traffic thus creating the demand for the improvements.
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K. By notice duly given and published, the City Council set the time and place for a public
15 hearing on the Nexus Study and the fee proposed thereunder, and at least ten days prior to the
hearing, the County made the Nexus Study available to the public.
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L. At the time and place set for the hearing, the City Council duly considered that data and
17 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.
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M. The City Council finds that the Nexus Study proposes a fair and equitable method for
19 distributing a portion of the unfunded costs of improvements to the Regional System.
20 N. 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
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For the purpose of this Ordinance, the following words, terms and phrases
23 shall have the following meanings:
24 1. "Development Project" or "Project" means any project undertaken for the purpose of
development including the issuance of a permit for construction.
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2. "Gross Acre" means the total property area as shown on a land division map of record,
26 or described through a recorded legal description of the property. This area shall be
bounded by road right of way and property lines.
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3. "Industrial Project" means any development project, that proposes any industrial or
manufacturing use allowed in the following zoning classifications: M -L, M -IP and M -C.
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4. "Low Income Residential Housing"means residential units in publicly subsidized
projects constructed as housing for lowincome 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.
5. "Multi Family Residential Unit" means a development project that has a density of
greater than eight (8) residential dwelling units per gross acre.
6. "Non -Residential Project" retail, commercial and industrial development which is
designed primarily for non -dwelling use, but shall include hotels and motels.
7. "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.
8. "Retail Commercial Project" means any development project, at any time of issuance of
any building permit, that proposes any commercial use not defined as a service commercial
project, allowed in the following zoning classifications:: C -HS, C -N and C -G, or areas
designated for commercial development with a S -P zoning designation.
9. "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.
10. "Single Family Residential Unit" means each residential dwelling unit in a development
that has a density of 8 units to the gross acre or less.
Section 4: Establishment of the Transportation Uniform Mitigation Fee
A. Adoption. There is hereby adopted the following schedule of fees:
$6650 per Single Family Residential Unit
$4607 per Multi Family Residential Unit
$1.45 per square foot of an Industrial Project
$7.81 per square foot of a Retail Commercial Project
$4.84 per square foot of a Service Commercial Project
B. Fee Calculation.
1. For non-residential projects the fee rate utilized shall be based upon the predominate
use identified in the building permit, and as further specified in the TUMF
Administration Plan.
2. For non-residential projects the fee shall be calculated on the total square footage of
the building 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
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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 City, 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.
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.
vii. Additional single family residential units located on the same parcel pursuant to the
provisions of any agricultural zoning classifications set forth in the Municipal Code.
viii. Kennels and Catteries established in connection with an existing single family
residential unit.
3. Detached Second Units.
4. The sanctuary building of a church or other house of worship, eligible for a property
tax exemption.
5. Residential projects that have been issued a building permit prior to the effective date
of this ordinance.
6. Non -Residential projects that have been issued a building permit prior to June 30,
2004.
G. Credits.
Credits for the Regional System improvements shall be subject to the Public Contracts Code,
prevailing wage provisions and otherwise provided as follows:
Regional Tier
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1 Arterial Credits: If a developer constructs arterial improvements identified on the
Regional System, the developer shall receive credit for the all costs associated with the
arterial component based on approved unit cost assumptions for the Regional System.
2 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.
3 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.
Local Tier
4 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.
5 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 of 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 five-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 shall be as follows:
i. The fees shall be paid prior to issuance of building permit.
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 an Industrial Project
$2.60 per square foot of a Retail Commercial Project
$1.61 per square foot of a Service Commercial Project
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
$0.96 per square foot of an Industrial Project
$5.20 per square foot of a Retail Commercial Project
$3.23 per square foot 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,
not the date the Ordinance is initially adopted.
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, that are required to be transferred, 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 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 stay for legal action and application of exemptions.
E. Reports to WRCOG. The Building & Safety Department shall prepare and deliver to the
Executive Director of WRCOG, periodic reports as will be established under Section 6 of this ordinance.
Section 7: Effective Legal Actions on Non -Residential Projects.
If a legal action 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 fee level shall be stayed, such that the project shall be entitled to pay the fee in
place at the time the litigation was filed. The stay shall only remain in place for a period of 18 months
from the time the action was filed, or until a final, non -appealable order is issued by the court or a
settlement agreement is executed, whichever occurs first.
Upon expiration of the time period or upon resolution of the legal action, projects will be eligible
for a phase in of the fees in accordance with the original phasing schedule.
Section 8: Appointment of TUMF Fund 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 County,
and to invest, account for and expend such fees in accordance with the provisions 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 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.
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Section 10: 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 90 days of the date of adoption of this
Ordinance.
Section 11: Effective Date
This Ordinance shall take effect on the 61st day following its enactment.
MOVED, PASSED, and ADOPTED this 18th day of March , 2003 by the
following vote:
AYES: Mayor DeForge, Council Members: Fox, Dressel, Berg, Valdivia
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Depu it Clerk
pamcas
CITY OF BEAUMONT
By:
7
Brta" n DeForyf,((Mzfyor
PRELIMINARY DRAFT
February 7,2003
1 Western Riverside County Council of Governments (WRCOG)
2
3 Administrative Plan for the
4 Western Riverside County Transportation Uniform Mitigation Fee
5 (TUMF) Program
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8 Table of Contents
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11 Preamble
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13 I. Purpose
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15 11. Authority
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17 111, P# *lpatiOn and Imposition of TUMF Program Fee
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19 IV. Allocation of Funds
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21 V. Administration of Plans
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23 VI. Administration of Credits
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25 VII. Administration of Reimbursements
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27 VIII. Administrative Responsibilities
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29 IX. Administrative Costs
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31 X. Appeals
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33 XI. TUMF Program Amendments
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H:\Programs\Transportation\TUMRimplementation agreement\Draft ADMINISTRATION PLAN012803.doc
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PRELIMINARY DRAFT
February 7,2003
1 Western Riverside County Council of Governments (WRCOG)
2
3 Administrative Plan for the
4 Western Riverside County Transportation Uniform Mitigation Fee
5 (TUMF) Program
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9 Preamble
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11 Future development within Western Riverside County will result in traffic volumes exceeding the
12 capacity of the Regional System of Highways and Arterials (RSHA) as it presently exists. The
13 Regional System needs to be expanded to accommodate anticipated future growth; current
14 funds are inadequate to construct the Regional System needed to avoid the unacceptable levels
15 of traffic congestion and related adverse impacts.
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17 The Transportation Uniform Mitigation Fee (TUMF) Program will provide significant additional
18 funds from new development for make improvements to the Regional System, complementing
19 funds generated by Measure A and the Reauthorized Measure A, local transportation fee
20 programs, and other potential funding sources. By establishing a fee on new developments in
21 the subregion, local agencies can establish a mechanism by which developers and in turn new
22 county residents and employees will effectively contribute their "fair share" toward sustaining the
23 regional transportation system.
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25 General TUMF Program parameters, definitions and procedures are described in the TUMF
26 Program Ordinance adopted by participating Western Riverside County jurisdictions. The
27 Western Riverside Council of Governments (WRCOG) is designated as the TUMF Program
28 Administrator, and as such will work closely with member jurisdictions, the Riverside County
29 Transportation Commission, and the Riverside Transit Agency to coordinate transportation
30 expenditure programs to maximize the effectiveness of future transportation investments.
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32 I. Purpose. The Purpose of this Administrative Plan is to provide those jurisdictions that
33 are participants in the Western Riverside County Transportation Uniform Mitigation Fee
34 Program (hereinafter referred to as the "TUMF Program") with guidelines and policies for
35 implementation of the TUMF Program as adopted. This Administrative Plan specifies
36 implementation and responsibilities for the TUMF Program.
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38 TUMF Program funds may only be use for capital expenditures associated with the
39 Regional System of Highways and Arterials (RSHA) and for capital expenditures for
40 transit system improvements consistent with the TUMF Nexus Study. te-be-determined
41 - ' . These purposes include expenditures for the
42 planning, environmental reviews, engineering and design costs, right of way acquisition,
43 and administrative costs.
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45 1I. Authority. The TUMF Program applies to those jurisdictions in Western Riverside
46 County (County of Riverside and the Cities of Banning, Beaumont, Calimesa, Canyon
47 Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside,
48 San Jacinto, Temecula and the March JPA) that have adopted and are implementing the
49 TUMF Program Ordinance. The TUMF Program has been developed pursuant to and
H:\Progmms\Transportation\TOMRimpletnentation agreement \Draft ADMINISTRATION PLANO] 2803.doc
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1 consistent with authority provided in the requirements of California Government Code
2 Chapter 5 Section 66000-66008 Fees for Development Projects (also known as
3 Califomia Assembly Bill 1600 (AB 1600) or the Mitigation Fee Act) which govems the
4 assessment of development impact fees in California. The Mitigation Fee Act requires
5 that all local agencies in California, including cities, counties, and special districts follow
6 two basic rules when instituting impact fees as follows:
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8 A. Establish a nexus or reasonable relationship between the development impact
9 fee's use and the type of project for which the fee is required;
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15 III.Participating jurisdictions
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24 Those jurisdictions that �'-,����a •6 �����s ���t �� the TUMF Program by-Marob
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26 not eligible to participate in the TUMF Program decision-making processes as more fully
27 described below its ttj'Sr161.•
B. The fee must not exceed the project's proportional "fair share" of the proposed
improvement and cannot be used to correct current problems or to make
improvements for existing development.
Imposition of and Participation in TUMF Program. lues is Ions m
Western Riverside County '._
are responsible for collecting the fees on new development within their jurisdictions. To
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Non -participating jurisdictions will be ineligible to
vote p ` p M Pro i► iieu##E-aid to receive their share of an estimated $970 million
in road maintenance funds that will be allocated from the Reauthorized Measure A.
A. Expiration Of Building Permits - If a building permit should expire, is revoked,
or is voluntarily surrendered and is, therefore voided and no construction or
improvement of land or construction has commenced, then the applicant is
entitled to a refund, without interest of 98% of the TUMF collected which was
paid as a condition of approval. The administrator shall retain two percent (2%)
of the fee to offset the cost of collection, accounting, and refund. The fee payer
shall submit an application for a refund to WRCOG within thirty (30) of the
44 expiration of the permit.
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46 The applicant must pay the appropriate TUMF in full if he reapplies for the permit.
47 Any refund not requested within thirty (30) days shall be deemed waived by the
48 applicant.
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1 If a development project is partially under construction at the time of the effective
2 date of the TUMF Ordinance, the TUMF shall be paid only on that portion of the
3 development for which a building permit is next issued.
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5 B. Calculation of Fee - TUMF fees for non residential uses shall be calculated
6 based on the gross floor area of the sum (in square feet) of the area at each floor
7 level, including cellars, basements, mezzanines, penthouses, corridors, lobbies,
8 stores, and offices, that are included within the principal outside faces of exterior
9 wall, not including architectural setbacks or projections. Included are all stories
10 or areas that have floor surfaces with clear standing head room (6 feet, 6 inches,
11 minimum) regardless of their use. Where a ground level area, or part thereof,
12 within the principal outside faces of the exterior walls is left unenclosed, the gross
13 floor area of the un -enclosed portion wilt bs added t a
14 a part of the overall square footage of the building foiiiheigRtlrpose,of=fee
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« , . 4 - all unroofed areas and unenclosed roofed over spaces
;' �� . dam,
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33 IV. Allocation of Funds. Funds shall be allocated pursuant to the findings contained in the
34 Nexus Study and any future Nexus Study amendments.
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36 A. Allocation to Regional Transit improvements - Of the total TUMF (Fees)
37 received by WRCOG, 3.8 % shall be allocated to the Riverside Transit Agency
38 for making regional transit improvements.
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40 B. Allocation to Regionally Significant Transportation Improvements - Of the
41 total Fees received by WRCOG, 48.1% shall, a allocated for making
42 on
improvements .,f�1>e9+eFaajti t
43 the Regional System of Highways and Arterials.
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45 C. Allocation to Zones - Of the total Fees received by WRCOG, 48.1% shall be
46 allocated to the 5 Zones for making improvements to the Regional System of
47 Highways and Arterials as determined by the respective Zone Committees. The
48 zone allocation shall be the proportional share of the total TUMF revenue
coloulatiens:
49 generated.
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PRELIMINARY DRAFT
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Administration of Plans. WRCOG shall administer the TUMF Program as described
in the enabling Ordinance adopted by participating jurisdictions and further defined in
this Administrative Plan.
Administration of Credits. aacb JuijiSdictiOf WAG shall be responsible for the
administration of credit agreements. WRCOG 1rjurisdistion may administer their credit
agreements upon written request from that jurisdiction. The credii agf@efilenttshaH be
and.in accordanee,witittite fiiltawing
A. If a developer constructs improvements identified on the RSHA,
the developer shall receive credit for all costs associated with the-RS.I4A
thebasedP
on approved unit cost
9 B'�
1 53'i¢f F f x
assumptions for the RSHA. �, � w^t , i '41 �aas`rail
C..= Ioc Y
Develepers
Therefore, this section makes the distinction between agreements for
"arterial credits" (for arterial roadways3 and "other credits" for major
improvements.
The amount of the development fee credit shall not exceed the maximum
amount determined by the most current unit cost assumptions for the
RSHA, or actual costs, whichever is less. This shall be known as the
maximum TUMF credit.
The maximum TUMF credit shall be determined based on an approved
Improvement Plan and after Conditions of Approval have been
determined. The maximum TUMF credit shall identify, at a minimum, the
facility, the length of the facility, the number of lanes, and applicable unit
costs components.
A developer may receive partial credit prior to completion of the
development project. The partial credit shall not exceed actual
expenditures to date. WRCOG or a jurisdiction entering into credit
agreements with developers may withhold 20 percent of the maximum
TUMF credit until the transportation project is deemed complete.
Acceptance of roadway or transportation project shall release any credits
withheld.
Should it be determined that a jurisdiction granted credits exceeding the
maximum TUMF credit, that jurisdiction shall provide WRCOG payment in
the amount equal to the excess credit amount.
1. Arterial Credits - Prior to receiving any credit, a written credit
agreement shall be entered into between the jurisdiction WRCOC (or
WRCOG the- isdistion) and the developer.
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credit for all costs ascociatod with the RSHA
withheld -
„
2. If
Major tmpccItrteMa � - '
a developer constructs Majgr off-site improvements such as an
interchange, bridge, or railroad grade separation,to
The
The local jurisdiction shall compare facilities in local fee programs against the
RSHA and eliminate any overlap in its local fee program.
Where there is an existing benefit district, or an existing fee program with bonded
indebtedness established prior to :June 1, 2003
H:\Programs\Transportation\TUMF\implementation agreement\D aft ADMINISTRATION PLAN012803.doc
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PRELIMINARY DRAFT
February 7,2003
1 Ardicense; then the local jurisdiction may credit the TUMF for that portion of the
2 facility identified in both programs.
3
4 If a local jurisdiction proposes to credit the TUMF, then the jurisdiction shall
5 provide WRCOG reasonable information to account for the credit and shall
6 receive WRCOG approval in advance of applying the credit.
7
8 If a credit is granted and applied to the TUMF, the local jurisdiction shall be
9 responsible for construction of said facility and the said facility shall not be
10 eligible for TUMF prioritization or funding.
11
12 C. Use of Credit by Developer
13
14 Any TUMF credit shall be used by the developer first to offset any obligation of
15 the developer to pay TUMF impact fees of the same development project.
16
17 Credits may not be transferred or sold to other development projects.
18
19
20
21
22
23 VII. Administration of Reimbursements.ejvjuned orj WRCOG shall be responsible
24 for the administration of reimbursement agreements. �'= may administer a
25 reimbursement agreements °. ity
26
27
28
29
30
31
32
33
34
35
36
37 The developer may enter into reimbursement agreement with the jurisdiction and
38 WRCOG to reimburse the developer/owner for the direct and verifiable costs of
39 constructing improvements to the RSHA when all of the following conditions are met:
40
41 All available credits are exhausted;
42 The improvements received prior approval from the jurisdiction and WRCOG
43 based on the review of the TUMF project priority list;
44 The jurisdiction and WRCOG have reviewed and approved the scope of the
45 project to be constructed.
46
47 In no event shall the developer be reimbursed for improvements to the RSHA in excess
48 of the most current approved unit costs assumptions for the TUMF at the time of the
Developers must exhaust all credits before they are eligible for reimbursements.
Credits shall run with the sale of the land.
Should the developer construct network 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 at the time of theagreement fiter09iatoprpettlbatita
exec ji Mlom l yln ;t TUMF,' nkj .611g"Ib fgt gtr SarS@h►s Reimbursements
shall be enacted through a three party agreement including the developer, WRCOG and
the local jurisdiction, and contingent upon 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 Tratts`p`ortahOOfl
Improvement Program adopted annually by WRCOG.
49 agreement.
50
51 VIII. Administrative Responsibilities.
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PRELIMINARY DRAFT
February 7,2003
1
2 A. Regional Administration - As set forth in Section II above, the Western
3 Riverside Council of Governments (WRCOG) is designated as the TUMF
4 Program Administrator. As Administrator, WRCOG will receive all fees
5 generated from the TUMF as collected by local jurisdictions and invest, account
6 for and expend such fees in accordance with the TUMF Ordinance and
7 applicable state laws.
8
9 1. The WRCOG Executive Director - Reporting to the WRCOG Executive
10 Committee, the Executive Director shall be responsible for the following
11 TUMF Program activities:
12
13 a. Administration of the TUMF Program, including development of
14 credit and reimbursement agreements, fee cpltection pfd and
15 processing Program appeals.
16 b.
17
18
19
20
21
22
23 -
24 c. Establishment and management of the "TUMF Program Trust
25 Fund" for the purposes of depositing TUMF revenues and income
26 interest earned on Trust Fund deposits;
27 d. Preparation of an Annual Report for consideration by the
28 Executive Committee detailing the status of the TUMF Program
29 including but not limited to fees collected and disseminated,
30 capital projects planned for, prioritized, and built, reimbursement
31 and credit agreements, appeals, and recommendations for TUMF
32 Program adjustments.
33
34
35
36
37
38
39
40 e. Preparation of periodic comprehensive TUMF program review
41 reports that provide, in concert with requirements of the California
42 Mitigation Fee Act, an analysis of the TUMF Program, including
43 review of the various Nexus Study inputs and assumptions, and
44 preparation of recommendations on potential TUMF Program
45 revisions for consideration by the Executive Committee. Such
46 reports may include, but are not limited to recommended fee
47 adjustments based on changes in the facilities required to be
48 constructed, and revenues received pursuant to the Ordinance;
49 f. Provide technical studies/analysis required to select and prioritize
50 Regionally Significant Arterial projects.
Tubi
H:\Programs\Transportation\TUMFlimplementation agreement\Draft ADMINISTRATION PLAN012803.doc
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PRELIMINARY DRAFT
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1 g. Development of a 10-year strategic Plan that identifies long term
2 planning goals and objectives for implementation of the TUMF
3 program;
4 h. Development of a five yeat:T)P that identifies projects that are
5 scheduled and funded for construction over a specified period of
6 time ar>ctis<reviewed < trfUatba;
7 i. Staff support to and coordination with each of the TUMF Zone
8 Committees as necessary;
9 J. Other related activities as directed by the Executive Committee.
10
11
12
13
14
15
16
17
18
19
20
21 In developing recommendations on Regionally Significant Arterials for
22 consideration by the Executive Committee, WRCOG staff and the
23 Committee structure shall work with RCTC to, tte(xgbalpsifit
24 with Measure A project priorities and schedules
25 _ of area transportation
26 improvements. WRCOG staff and the Committee structure shall also
27 work with WRCOG jurisdictions and each Zone Committee for the same
28 purposes.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47 4. The Public Works Committee (PWC) - The Public Works Committee
48 shall be comprised of the Public Works Director or designee from each
49 member jurisdiction of WRCOG, a representative, of the building
50 community, RCTC and, WRCOG staff and shall be responsible for the
51 following. :
2. The WRCOG Executive Committee - The Executive Committee shall be
responsible for reviewing and acting on recommendations for project
selection and prioritization of the Regionally Significant Arterials, 10 -year
Strategic Plan, and theTIR. nse-deing, The Executive Committee shall
review and consider recommendations on projects from the Public Works
Committee and WRCOG TAC. The Executive Committee shall also be
responsible for approval of the TUMF Program Administrative Plan,
subsequent amendments and for recommending changes to the
Ordinance for consideration by participating jurisdictions.
For jurisdictions that are not participating in the TUMF Program, the
WRCOG Executive Committee representative for that jurisdiction shall not
be eligible to vote on any matter related to the TUMF that goes before the
Executive Committee.
3. The WRCOG Technical Advisory Committee (TAC) - The TAC shall
review products and recommendations for Regionally Significant Arterials
developed by the Public Works Committee and other committees that
may be convened by the Executive Committee, and forward
recommendations to the Executive Committee for its consideration. The
TAC shall also provide additional assistance to the TUMF Program as
requested by the Executive Committee. For jurisdictions that are not
participating in the TUMF Program, the WRCOG TAC representative for
that jurisdiction shall not be eligible to vote on any matter related to the
TUMF that goes before the Executive Committee.
H:\Programs\Transportation\TUMFlimplementation agreement\Draft ADMINISTRATION PLANO 1 2803.doc
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32 B.
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43 County voters on November 5, 2002
PRELIMINARY DRAFT
February 7,2003
a. Developing objective criteria for project selection and prioritization
including but not limited to the following factors: traffic safety,
regional significance, availability of matching funds, mitigation of
existing congestion, system continuity, geographic balance,
project readiness, and completed projects with reimbursement
agreements;
b. Providing additional assistance to the TUMF Program as
requested by the Executive Committee and/or the WRCOG TAC;
c. Preparing the 10 year Strategic Plan;
d. Preparing the flrte`Sll.t+1`Wi f`ti
e. Review and recommend a Regionally Significant Arterials project
priority list to the WRCOG TAC and Executive Committee;
f. Select a lead agency for each of the Regionally Significant Arterial
projects in the Transportation Improvement Plan;
g. Review Annual Report prepared by WRCOG;
h. Review and revise the RSHA as may be necessary (at a minimum
every 5 years);
Review and revise Unit Cost Assumptions to the RSHA as may be
necessary (at a minimum every 5 years);
For jurisdictions that are not participating in the TUMF Program, the
representative for that jurisdiction shall not
be eligible to vote on any matter related to the TUMF that goes before the
TAC and Executive Committee.
Zone Administration. Each Zone shall establish a committee structuresitsiildt
t Aki'B ::ok'g hnid sr;ot *a-*abov '(see E,l tibij4)j for the purpose of
developing a Transportation Improvement Plan consistent with the Strategic Plan
for the project prioritization scheduling, and construction of zonal RSHA projects
using TUMF funds returned to each zone. Each zone shall also be responsible
for selecting a lead agency for projects listed in the VP. All zones sbalt:$0fttive
tib r71P<Esy sOt t aEb ONiw belt recommendations shalt -bo foiwareleel to
the Executive Committee to ensure compliance with the intent of the 10 year
Specific Plan.
The Riverside County Transportation Im•rovement Plan approved by Riverside
44
45
46
47
48
49
50
51
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10
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2
3
4
5
6
7
8
9
10
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12 Southwest Zone — The Cities of Temecula, Lake Elsinore, Murrieta, Canyon Lake
13 and the County of Riverside;
14
15 Central Zone — The Cities of Moreno Valley and Perris and the County of
16 Riversid ;
17
18 Pass Zone — The Cities of Banning, Beaumont, Calimesa, and the County of
19 Riverside;
20
21 Hemet/San Jacinto Zone — The Cities of Hemet and San Jacinto and the County
22 of Riverside.
23
24 C. Local Administration: As described in the TUMF Ordinance, participating
25 jurisdictions are responsible for collecting the TUMF. Fees collected are
26 required to be transmitted to the Executive Director of WRCOG within thirty days
27 of the month in which the fee was collected for deposit, investment, accounting
28 and expenditure in accordance with the provisions of the TUMF Ordinance and
29 the Mitigation Fee Act. Participating jurisdictions are required to transmit periodic
30 reports as set forth below to WRCOG including (but not limited to) the following
31 information regarding the TUMF Program status:
32
33 1. Quarterly Reports - Within 30 days after the end of each fiscal year
34 quarter, the jurisdiction shall submit a report to WRCOG containing
35 information necessary for WRCOG to determine the total amount of fees
36 collected within each fee category as it relates to the number of building
37 permits, Certificates of Occupancy, or final inspections issued during the
38 same period of time. Additional information may be requested such as
39 the name of the developer or payee, project address, APN, total square
40 feet, credits issued, etc., with the intent to provide WRCOG with the
41 necessary information to track new development, total revenue received
42 and revenue projections for purposes of program audits and program
43 updates.
44
45 D. Riverside Transit Agency (RTA) 3.8% of funds received will be made available
46 to the Riverside Transit Agency to make capital facilities improvements for transit
47 purposes as identified in the Nexus Study. The RTA shall provide a report to the
48 WRCOG Executive Committee each year detailing its expenditures of TUMF
49 Program Funds received, as well as future commitments for transit facilities using
50 TUMF Program revenues as determined by the RTA Board of Directors.
51
PRELIMINARY DRAFT
February 7,2003
Each City and a portion of the unincorporated area of Riverside County is
assigned to each of the zones. The five Zones are as follows:
Northwest Zone — The Cities of Riverside, Corona, Norco and the County of
Riverside,
H:\Progams\Transponation\TUMF implementation agreement\Draft ADMINISTRATION PLANO 12803.doc
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PRELIMINARY DRAFT
February 7,2003
1 IX. Administrative Costs. WRCOG shall expend only that amount of the funds generated
2 from the TUMF Program for staff support, audit, administrative expenses, and contract
3 services that are necessary and reasonable to carry out its responsibilities pursuant to
4 the TUMF Program, and in no case shall the funds expended for salaries and benefits
5 exceed one percent (1%) of the annual net amount of revenue raised by the TUMF
6 Program.
7
8 X. Appeals. Appealable issues shall be the application of the fee, application of credits,
9 application of reimbursement, application of the legal action stay and application of
10 exemptions. In some cases the "appealable" issue may be a case of
11 interpretation/clarification of the Ordinance and/or Administrative Plan.
12
13 Appeals, and clarifications/interpretations of the TUMF Program Ordinance and/or
14 Administrative Plan, shall to the extent possible be addressed at the staff level among
15 the appellant, staff from the local jurisdiction, and staff from WRCOG. A meeting to
16 discuss and attempt to resolve the issue shall be held within 30 days of the identification
17 of the issue. _
18
19
20
21
22
23
24
25
26
27 XI. TUMF Program Amendments. At least every five years, and initially by March 1, 2005,
28 WRCOG shall undertake a review of all components of the TUMF Program and, if
29 necessary, recommend Program amendments and/or adjustments. Amendments to the
30 Administrative Plan will be subject to the approval of the WRCOG Executive Committee.
31 Amendments required to the TUMF Program Ordinance shall be approved by each
32 participating jurisdiction, acting on recommendations provided by the Executive
33 Committee.
For appeals that are not resolved at the staff
level, the matter shall be referred to an Appeals Committee consisting of WRCOG
Executive Committee members selected by the WRCOG Chair, and include the Chair of
the WRCOG TAC. The Appeals Committee shall schedule meetings at least on a
monthly basis to consider appeals.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
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STAFF REPORT
Agenda Item No. °f • 61-1
TO: Mayor and City Council Members
FROM: Community and Economic Development Department
AGENDA DATE: March 4, 2003
SUBJECT: Proposed WRCOG Transportation Uniform Mitigation Fee (TUMF)
Program Ordinance
********************************************************************************
BACKGROUND:
The Western Riverside Council of Governments (WRCOG) has been advocating the participation of
all cities within WRCOG and Riverside County in a uniform transportation fee program to provide
"backfill" funding for a series of regional and sub -regional road projects which will not be funded
through the newly re -authorized Measure "A" sales tax. This matter has been the subject of
discussion at numerous recent City Council meetings. As of the date of this report, several cities and
the County have adopted an ordinance to establish the TUMF fee and program.
Staff has previously presented a series of concerns and issues regarding the TUMF, including:
- Will the lion's share of funds generated be used to the solve existing problems in the
Riverside, Corona and Temecula areas first with Pass Area improvements deferred to later
stages of the program?
— Is the proposed 48 percent "return to source" level adequate, fair and appropriate?
- Will funding for the Pass Area improvements be sufficiently timely to coincide improvements
with the pace of development?
— By the time Pass Area improvements are prioritized, will full funding still be available for
these improvements?
— What will be the impact to Beaumont, in terms of Measure "A" funds and other funding
programs, if it does not adopt the TUMF? (It has been indicated that jurisdictions not
adopting the TUMF will forfeit their Measure "A" road maintenance fiords).
Staff Report
TUMF Program
March 4, 2003
Page 2
In response to these concerns, the City Council has adopted an ordinance, which will become
effective on May 18, 2003, to establish a local transportation program, with fees generally equaling
about two-thirds of the full WRCOG TUMF fee The City's program has been designed to directly
overlap the improvements shown in the TUMF program; thus, should the Council opt to participate
in TUMF, the City's fee may be subtracted from the funds to be transmitted to WRCOG for
administration. The City's ordinance was formulated based on the premise that it will permit the City
to control the funding and construction oflocal improvements in step with the timing of development -
related needs.
ANALYSIS:
Presented herewith for the City Council's consideration is a proposed ordinance which would cause
the City of Beaumont to become a participant in the TUMF program. The Ordinance is based upon
a model developed by the County and WRCOG, and is consistent with what is being considered for
adoption by other participating jurisdictions. As stated previously, while the TUMF fee would be
higher than the recently adopted City fee, only the net difference would be forwarded to WRCOG.
The City, would, as a result, become solely responsible for the construction of the improvements
which are covered under both the TUMF and City programs.
Of the funds transmitted to WRCOG, 48 percent would eventually be returned to the "Zone"
(consisting of Beaumont, Calimesa, Banning and surrounding County areas) for construction oflocal
and subregional improvements
The fees which would be established under "TUMF" are summarized as follows:
Single -Family Residential Home
Multiple -Family Residence/Apartment
Industrial Development - By Square Foot
Industrial Development - By Acre
Commercial Development - By Square Foot
Commercial Development - By Acre
Service Commercial Development - By Square Foot
Service Commercial Development - By Acre
Government/Public Uses - By Square Foot
Government/Public Uses - By Acre
$ 6,650.00
4,607.00
1.45
14,255.00
7.81
113,227.00
4.84
105,436.00
7.41
112,191.00
The proposed improvements to be funded in Beaumont include a number of interchange
improvements as well as Potrero Boulevard and the I-10/Highway 79 junction.
Staff Report
TUMF Program
March 4, 2003
Page 3
It is staff's opinion that the approach of blending the local program with the WRCOG program
represents a good compromise position, which allows the City to participate in regional planning and
improvements, and will permit the City to receive its road maintenance funds under Measure "A-2"
when this sales tax programs goes into effect in 2008. The proposed ordinance would become
effective 60 days from the projected second reading date of March 18, prior to the deadline of June
1 established by WRCOG.
A copy of the draft Administrative Plan for the TUMF program, prepared by WRCOG, is attached
for reference.
RECOMMENDATION:
Staff recommends that the City Council introduce the proposed TUMF Ordinance for first reading.
Respe tfully submitted,
rnbst & Egger, AICP, REA
Director of Planning
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