2009-40 Participation in the Western Riverside County Transportation Uniform Mitigation Fee Program ORDINANCE NO. 2009-40
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADDING CHAPTER 3.40 TO THE MENIFEE MUNICIPAL CODE AUTHORIZING
PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM
MITIGATION FEE PROGRAM AND REPEALING COUNTY ORDINANCE NO.824
The City Council of the City of Menifee ("City") does ordain as follows:
SECTION 1: FINDINGS
(a) The City incorporated on October 1, 2008. The City now is a Member Agency of
the Western Riverside Council of Governments ("WRCOG"), a joint powers agency consisting of
the City, the County of Riverside, and the fifteen Cities situated in Western Riverside County.
Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in
funds needed to enlarge the capacity of the Regional System of Highways and Arterials in
Western Riverside County (the "Regional System") could be made up in part by a
Transportation Uniform Mitigation Fee on future residential, commercial and industrial
development. A map depicting the boundaries of Western Riverside County and the system is
attached hereto as Exhibit "A" and made a part hereof.
(b) The Member Agencies of WRCOG also prepared the "Western Riverside County
Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002 and updated in
2006 (the "Nexus Study), prepared pursuant to California Government Code, Section 66000 et
seq., the Mitigation Fee Act, The Nexus Study analyzed issues within the County area which
now is the incorporated City. The Member Agencies of WRCOG prepared an Environment
Impact Report No.-------for such Nexus Study and the associated fee program which discuss the
impact of the Regional System. That EIR has been reviewed by WRCOG during 2008 and it
has been there are no potential environmental impacts which have arisen since preparation of
the EIR. Based on this nexus study, the City adopted and implemented an ordinance
authorizing its participation in a Transportation Uniform Mitigation Fee Program.
(c) Based upon its review of the Nexus Study, the City Council has been informed
and advised, and hereby finds, that future development within Western Riverside County and
the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as
it presently exists.
(d) The City Council has been further informed and advised, and hereby finds, that if
the capacity of the Regional System is not enlarged, the result will be substantial traffic
congestion in all parts of Western Riverside County and the City, with unacceptable Levels of
Service throughout Western Riverside County by 2030.
(e) The City Council hereby finds that future development within the County and City
will substantially adversely affect the Regional System, and that unless such development
contributes to the cost of improving the Regional System, the Regional System will operate at
unacceptable Levels of Service.
(f) The City Council hereby finds and determines that the failure to mitigate growing
traffic impacts on the Regional System within Western Riverside County and the City will
substantially impair the ability of public safety services (police and fire) to respond. The failure
Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
to mitigate impacts on the Regional System will adversely affect the public health, safety and
welfare.
(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 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 City Council finds and determines that there is a reasonable and rational
relationship between the need for the improvements to the Regional System and the type of
development projects on which the TUMF is imposed because it will be necessary for the
residential and non-residential users of such projects to have access to the Regional System.
Such development will benefit from the Regional System improvements and the burden of such
development will be mitigated in part by the payment of the TUMF.
(i) The City Council further finds and determines that the cost estimates set forth in
the Nexus Study are reasonable cost estimates for constructing the Regional System
improvements, and that the amount of the TUMF expected to be generated by new
development will not exceed the total fair share cost to such development.
(f) The City Council further finds that the cost estimates set forth in the Nexus Study
are reasonable cost estimates for the facilities that comprise the Regional System; and that
TUMF program revenues to be generated by new development will not exceed the total fair
share of these costs.
(k)T he 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.
1). By notice duly given and published, the City Council set the time and place for a
public hearing on the Nexus Study and the fee proposed thereunder and at least ten days prior
to the hearing, the City made the Nexus Study available to the public.
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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Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
SECTION 2. CHAPTER 3.30 HEREBY IS ADDED TO THE MENIFEE MUNICIPAL CODE TO
READ AS FOLLOWS:
CHAPTER 3.40
Transportation Uniform Mitigation Fee Program
Section
3.40.010 Definitions
3.40.020 Establishment of the Transportation Uniform Mitigation Fee
3.40.030 Reimbursements
3.40.040 Procedures for the Levy, Collection and Disposition of Fees
3.40.050 Appointment of the TUMF Administrator
Section 3.40.010: Definitions
For the purpose of this Ordinance, the following words, terms and phrases shall have the
following meanings:
a) "Class 'A' Office" means an office building that is typically characterized by high
quality design, use of high end building materials, state of the art technology for voice and data,
on site support services/maintenance, and often includes full service ancillary uses such as, but
not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved
parking. The minimum requirements of an office building classified as Class 'A" Office shall be
as follows: (i) minimum of three stories (exception will be made for March JPA, where height
requirements exist); (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction;
(iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the
building is located in a central business district with major foot traffic, in which case the first floor
may be accessed from the street to provide entrances/ exits for commercial uses within the
building.
b) "Class 'B' Office" means an office building that is typically characterized by high
quality design, use of high end building materials, state of the art technology for voice and data,
on site support services/maintenance, and often includes full service ancillary uses such as, but
not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved
parking. The minimum requirements of an office building classified as Class 'B" Office shall be
as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel
frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to
suites shall be from inside the building unless the building is located in a central business district
with major foot traffic, in which case the first floor may be accessed from the street to provide
entrances/exits for commercial uses within the building.
C) "Development Project" or"Project" means any project undertaken for the
purpose of development including the issuance of a permit for construction.
d) "Gross Acreage" means the total property area as shown on a land
division map of record, or described through a recorded legal description of the property. This
area shall be bounded by road rights of way and property lines.
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e) "Habitable Structure" means any structure or part thereof where
persons reside, congregate or work and which is legally occupied in whole or part in accordance
with applicable building codes, and state and local laws.
f) "Industrial Project" means any development project that proposes any
industrial or manufacturing use allowed in the following Ordinance No. [INSERT
ORDINANCE NUMBER] zoning classifications: I-P, M-S-C, M-M, M-H, M-R, M-
RA, A-1, A-P, A-2, A-D, W-E, or SP with one of the aforementioned zones used
as the base zone.
g) "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.
h) "Multi Family Residential Unit" means a development project that has a
density of greater than eight (8) residential dwelling units per gross acre.
i) "Non-Residential Unit' means retail commercial, service commercial and
industrial development which is designed primarily for non-dwelling use, but shall
include hotels and motels.
j) "Recognized Financing District" means a Financing District as defined
in a County or City Resolution as that may be amended from time to time.
k) "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.
1) "Retail Commercial Project" means any development project that
proposes any commercial use not defined as a service commercial project
allowed in the following Ordinance No. 348 classifications: R-1, R-R, R-R-O, R-1-
A, R-A, R-2, R-2-A, R-3, R-3-A, R-T, R-T-R, R-4, R-5, R-6, C-1/C-P, C-T, C-P-S,
C-R, C-O, R-V-C, C-V, W-2, R-D, N-A, W-2-M, W-1, or SP with one of the
aforementioned zones used as the base zone..
M) "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.
n) "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.
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Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
Section 3.40.020: Establishment of the Transportation Uniform Mitigation Fee
a) Adoption.
The schedule of fees shall be adopted by resolution of the City Council.
("Resolution").
b) Fee Calculation. The fees shall be calculated according to the calculation
methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from
time to time. The following shall be observed for purposes of calculating the fee:
i. For non-residential projects, the fee rate utilized shall be based upon the
predominate use of the building or structure identified in the building
permit or structure identified in the building permit and as further specified
in the TUMF Administrative Plan.
ii. For non-residential projects, the fee shall be calculated on the total
square footage of the building or structure identified in the building permit
and as further specified in the TUMF Administrative Plan.
C) Fee Adjustment. The fee schedule may be periodically reviewed and the
amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution, the
fees may be increased or decreased to reflect changed requirements of law, 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 no less than every four (4) years after the effective date of this
Ordinance.
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, 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 habitable structure in use
on or after January 1, 2000 provided that the same or fewer traffic trips
are generated as a result thereof.
iv. 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 in which
the imposition of new fees is expressly prohibited; provided, however, that
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Transportation Uniform Mitigation Fees
if the term of such a Development Agreement is extended by amendment
or by any other manner after the effective date of this Ordinance; the
TUMF shall be imposed.
V. Guest Dwellings, as defined in Riverside County Ordinance No. 348 as
adopted by the City or any successor thereto.
vi. Additional single family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications set
forth in Riverside County Ordinance No. 348 as adopted by the City or
any successor thereto.
vii. Kennels and Catteries established in connection with an existing single
family residential unit and as defined in Riverside County Ordinance No
348 as adopted by the City or any successor thereto.
viii. Detached and Attached Second Units pursuant to the applicable
provisions of Riverside County Ordinance No. 348, as adopted by the
City, or any successor thereto;
ix. The sanctuary building of a church or other house of worship, eligible for
a property tax exemption.
X. Any nonprofit corporation or nonprofit organization offering and
conducting full-time day school at the elementary or high school level for
students between the ages of five and eighteen years.
g) Credit. Regional System improvements may be credited toward the TUMF in
accordance with the TUMF Administrative 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 costs
associated with the arterial component based on approved unit cost
assumptions for the Regional System. All such credits must have prior
written approval from WRCOG.
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 City in
consultation with the developer. All such credits must have prior written
approval from WRCOG.
iii 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.
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Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
Local Tier
i 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 Financing District has been established.
ii If there is a Recognized Financing District established, the local agency may
credit that portion of the facility identified in both programs against the TUMF
in accordance with the TUMF Administrative Plan.
Section 3.40.030: Reimbursements
Should the developer construct Regional System improvements in excess of the TUMF
fee obligation, the developer may be reimbursed based on actual costs or the approved unit
cost assumptions, whichever is less. Reimbursements shall be enacted through a three party
agreement including the developer, WRCOG, and the City, contingent on funds being available.
In all cases, however, reimbursements under such special agreements must coincide with
construction of the transportation improvements as scheduled in the five-year Capital
Improvements Program adopted annually by WRCOG.
Section 3.40.040: 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. Payment of the fees shall be as follows:
i. The fees shall be paid at the time a certificate of occupancy is issued for the
Development Project or upon final inspection, whichever come 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 time application is made for a building
permit; however, the fee payment shall be calculated based on the fee in
effect at the Payment Date. If the amount of the fee has been increased
between the time that the developer paid the fee and the Payment Date, the
developer shall pay the difference of the Payment Date The fees shall be
calculated according to fee schedule set forth in the Resolution and the
calculation methodology set forth in the Fee Calculation Handbook adopted
July 14, 2003, as amended from time to time.
ii. 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.
iii. 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.
iv. Fees shall not be waived.
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Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
C) Disposition of Fees. All fees collected hereunder shall be transmitted to the
Executive Director of WRCOG within thirty days for deposit, investment, accounting and
expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act.
d) Appeals. Appeals shall be filed with WRCOG in accordance with the provisions
of the TUMF Administrative Plan. Appealable issues shall be the application of the fee,
application of credits, application of reimbursement, application of the legal action stay and
application of exemption.
e) Reports to WRCOG. The Director of Building and Safety, or his/her designee,
shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be
established under Section 7 of this Ordinance.
Section 3.40.050: Appointment of the TUMF Administrator
WRCOG is hereby appointed as the Administrator of the Transportation Uniform
Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the
TUMF within the City, and to invest, account for and expend such fees in accordance with the
provisions of this Ordinance and the Mitigation Fee Act. The detailed administrative procedures
concerning the implementation of this Ordnance shall be contained in the TUMF Administrative
Plan adopted May 5, 2003 and as may be amended from time to time. Furthermore, the TUMF
Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from
time to time, for the purpose of calculating a developer's TUMF obligation. In addition to
detailing the methodology for calculating all TUMF obligations of different categories of new
development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF
Administrator, where necessary, the definition and calculation methodology for uses not clearly
defined in the respective TUMF ordinances.
WRCOG shall expend only that amount of the funds generated from the TUMF for staff
support, audit, administrative expenses, and contract services that are necessary and
reasonable to carry out its responsibilities and in no case shall the funds expended for salaries
and benefits exceed one percent (1%) of the annual net amount of revenue raised by the
TUMF. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations
of the Administrator.
SECTION 3. REPEAL OF COUNTY ORDINANCE
County Ordinance No. 824 hereby is repealed in its entirety.
SECTION 4: EFFECTIVE DATE
This ordinance imposes development impact fees and therefore shall become effective
60 days from the date of its adoption.
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Ordinance No. 2009-40
Transportation Uniform Mitigation Fees
PASSED, APPROVED AND ADOPTED THIS day o 2009, by the
following vote:
AYES:& /
N0ES:11D4QU
ABSENT:),D�
ABSTAIN: Qf
By:
Wallace W. Edgerton, Mayor
ATTEST:
J
K thy Bennett, City Clerk
Approved as to Form:
&R(,c.c.s�-k r111LLU2� --
Eliza8eth Martyn, City Att ney
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