Ordinance 17-05ORDINANCE NO. 2017-05
AN ORDINANCE OF THE CITY OF EASTVALE AMENDING
AND SUPERSEDING ORDINANCE NO. 2014-07 TO UPDATE
PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
PROGRAM
The City Council of the City of Eastvale, California ("City") ordains as follows:
Section 1. Title.
This Ordinance shall be known as the "Western Riverside County Transportation Uniform
Mitigation Fee Program Ordinance of 2017" ("Ordinance").
Section 2. Findings.
A. The City is a member agency of the Western Riverside Council of Governments
("WRCOG"), a joint powers agency comprised of the County of Riverside ("County") and eighteen cities
located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a
plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways
and Arterials in Western Riverside County (the ``Regional System") could be made up in part by a
Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial
development. A map depicting the boundaries of Western Riverside County and the Regional System is
attached here as Exhibit "A" and incorporated herein. As a Member Agency of WRCOG and as a TUMF
Participating Jurisdiction, the County prior to City incorporation participated in the preparation of a
certain "Western Riverside County Transportation Uniform Fee Nexus Study,'' dated October 18, 2002
(the "2002 Nexus Study") prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et
seq.) and adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the County
then adopted and implemented an ordinance authorizing cities within the County to participate in a
TUMF Program. The City of Eastvale, since incorporation in 2010, has been a participant in the TUMF
program through the adoption of Riverside County Ordinance No. 824, and as amended by Riverside
County Ordinance No. 824.7 in 2009. The City Council has since adopted Ordinance Nos. 2011-09,
2011-13, 2012-09, and 2014-07, which is the current Ordinance to regulate the TUMF program in the
City of Eastvale.
B. WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an
updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016
Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act),
for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the
2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their
applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in
order to update the TUMF Program.
C. Consistent with its previous findings made in the adoption of Ordinance No. 2014-07, the
City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System
is not enlarged and unless development contributes to the cost of improving the Regional System, the
result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable
Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System
will substantially impair the ability of public safety services (police and fire) to respond and, thus,
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adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is
essential.
D. The City Council 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 in which the
TUMF will be levied.
E. 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 developments will be mitigated in part by payment of the
TUMF.
F. The City Council finds and determines that the cost estimates set forth in the new 2016
Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the
facilities that compromise the Regional System, 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.
G. The fees collected pursuant to this Ordinance shall be used to help pay for the design,
planning, construction of and real acquisition for the Regional System improvements and its facilities as
identified in the 2016 Nexus Study. The need for the improvements and facilities is related to new
development because such development results in additional traffic and creates the demand for the
improvements.
H. By notice duly given and published, the City Council set the time and place for a public
hearing on the 2016 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this
hearing, the City Council made the 2016 Nexus Study available to the public.
1. At the time and place set for the hearing, the City Council duly considered data and
information provided by the public relative to the cost of the improvements and facilities for which the
fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of
the hearing.
J. The City Council finds that the 2016 Nexus Study proposes a fair and equitable method
for distributing a portion of the unfunded costs of improvements and facilities to the Regional system.
K. The City Council hereby adopts the 2016 Nexus Study and its findings. The 2016 Nexus
Study is attached and incorporated herein as Exhibit "B."
L. The City Council hereby adopts this Ordinance to amend and supersede the provisions of
Ordinance No. 2014-07
Section 3. Definitions.
For the purpose of this Ordinance, the following words, terms and phrases shall have the
following meanings:
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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
10,000 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) rninirnum of two
stories; (ii) minimum of 15,000 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 "Proiect" means any project undertaken for the purposes of
development, including the issuance of a permit for construction.
D. "Gross Acreage" means the total property area as shown on a land division of a 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.
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 Proiect" means any development project that proposes any industrial or
manufacturing use allowed in the City of Eastvale Zoning Code as applicable.
G. "Low Income Residential Housing" rneans "Residential Affordable Units": (A) for
rental housing, the units shall be made available, rented and restricted to "lower incorne households" (as
defined in Health and Safety Code Section 50079.5) at an "affordable rent" (as defined in Health and
Safety Code Section 50053), ). Affordable units that are rental housing shall be made available, rented,
and restricted to lower income households at an affordable rent for a period of at least fifty-five (55) years
after the issuance of a certificate of occupancy for new residential development. and (B) for for -sale
housing, the units shall be sold to "persons or families of low or moderate income" (as defined in Health
and Safety Code Section 50093) at a purchase price that will not cause the purchaser's monthly housing
cost to exceed "affordable housing cost (as defined in Health and Safety Code Section 50052.5)
Affordable units that are for -sale housing units shall be restricted to ownership by persons and families of
low or moderate income for at least forty-five (45) years after the issuance of a certificate of occupancy
for the new residential development.
H. "Multi -Family Residential Unit" means a development project that has a density of
greater than eight (8) residential dwelling units per gross acre.
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1. "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 the TUMF
Administrative Plan as 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.
L. "Retail Commercial Project" means any development project that proposes any retail
commercial activity use not defined as a service commercial project allowed in the City of Eastvale
Zoning Code as applicable, which can include any eating/dining facility residing on the retail commercial
development premises.
M. "Service Commercial Proiect" means any development project that is predominately
dedicated to business activities associated with professional or administrative services, and typically
consists of corporate offices, financial institutions, legal, and medical offices eating/dining facilities, and
other uses related to personal or professional services.
N. "Single Family Residential Unit" means each residential dwelling unit in a
development that has a density of eight (8) units to the gross acre or less.
O. "TUMF Participating Jurisdiction" means a jurisdiction in Western Riverside County
which has adopted and implemented an ordinance authorizing participation in the TUMF Program and
complies with all regulations established in the TUMF Administrative Plan, as adopted and amended
from time to time by the WRCOG.
P. "Disabled Veteran" means any veteran who is retired or is in process of medical
retirement from military service who is or was severely injured in a theatre of combat operations and has
or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant
Program.
Q. Government/public buildings, public schools, and public facilities means any owned
and operated facilities by a government entity in accordance with Section G. Exemptions, Subsection 2.
of this Ordinance. A new development that is subject to a long-term lease with a government agency for
government/public buildings, public schools, and public facilities shall apply only if all of the following
conditions are met:
(a) The new development being constructed is subiect to a long-term lease with a
government agency.
(b) The project shall have a deed restriction placed on the property that limits the use
to government/public facility for the term of the lease, including all extension options, for
a period of not less than 20 years. Any change in the use of the facility from government
shall trigger the payment of the TUMF in effect at the time of the change is made.
(c) No less than ninety percent of the total square footage of the building is leased to
the government agency during the term of deed restriction the long term and any
extensions thereof.
(d) The new development is constructed at prevailing wage rates.
(e) A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
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(f) Based on the facts and circumstances WRCOG determines that the intent of the
lease is to provide for a long-term government use, and not to evade payment of TUMF.
R. "Non-profit Organization" means an organization operated exclusively for exempt
purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure
to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not
attempt to influence legislation as a substantial port of its activities and it may not participate in any
campaign activity for or against political candidates. For the purposes of the TUMF Program, the non-
profit may be a 501(c) (3) charitable organization as defined by the Internal Revenue Service.
S. "Long -Term Lease" as used in the TUMF Program, a "long-term lease" shall mean a
lease with a term of no less than twenty years.
T. "Mixed -Use Development" as used in the TUMF Program, means Developments with
the following criteria: (1) three or more significant revenue-producing uses, and (2) significant physical
and functional integration of project components.
U. "Guest Dwellings" and "Detached Second Units" according to the State of California
legal definition as following: l) The second unit is not intended for sale and may be rented; 2) The lot is
zoned for single-family dwellings; 3) The lot contains an existing single-family dwelling; 4) The second
unit is either attached to the existing dwelling and located within the living area of the existing dwelling
or detached from the existing dwelling and located on the same lot as the existing dwelling; and 5) Are
ministerially amended by each jurisdiction's local codes.
.V. "TUMF Administrative Plan" means that the TUMF Administration Plan adopted by
the WRCOG Execution Committee May 5, 2003, as amended, setting forth detailed administration
procedures and requirements for the TUMF program.
Section 4. Establishment of the Transportation Uniform Mitigation Fee.
A. Adoption of TUMF Schedule. The City Council shall adopt an applicable TUMF
schedule through a separate resolution, which may be amended from time to time.
B. Fee Calculation. The fees shall be calculated 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 and the local agency
may consider the following items when establishing the appropriate fee calculation methodology:
• Underlying zoning of the site
• Land -use classifications in the latest Nexus Study
• Project specific traffic studies
• Latest Standardized reference manuals such as the Institute of Traffic Engineers Trip
Generation Manual
• Previous TUMF calculations for similar uses
• 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. In case of a conflict between the applicant, WRCOG, and/or the local
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agency regarding the fee calculation methodology, the dispute resolution process in the TUMF
Administrative Plan will apply.
C. Fee Adjustment. Tile fee schedule may be periodically reviewed and the amounts
adjusted by the WRCOG Executive Committee. By amendment to the Resolution reference is subsection
A, above, the fees may be increased or decreased to reflect the 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 as depicted in Exhibit "A" and identified in the 2016 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 types of new development shall be exempt from the
provisions of this Ordinance and in TUMF Administrative Plan:
I . Low income residential housing as described in Section 3 Definitions, Subsection
G of this Ordinance and in the TUMF Administrative Plan.
2. Government/public buildings, public schools, and public facilities as described in
Section 3. Definitions, Subsection Q. of this Ordinance and in the TUMF Administrative Plan.
Airports that are public use airports and are appropriately permitted by Caltrans or other state
agency.
4. 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.
5. Guest Dwellings and Detached Second Units as described in this Ordinance in
Section 3. Definitions, Subsection U. and in the Administrative Plan
6. Kennels and Catteries established in connection with an existing single family
residential unit.
7. Any sanctuary, or other activity under the same roof of a church or other house of
worship that is not revenue generating and is eligible for a property tax exemption (excluding
concert venues, coffee/snack shops, book stores, for-profit pre-school day -cares, etc., which
would be assessed TUMF.)
8. Any nonprofit corporation or nonprofit organization offering and conducting full-
time day school at the elementary, middle school or high school level for students between the
ages of five and eighteen years.
9. New single-family homes, constructed by non-profit organizations, specially
adapted and designed for maximum freedom of movement and independent living for qualified
Disabled Veterans."
10. Other uses may be exempt as determined by the WRCOG Executive Committee as further
defined in the TUMF Administrative Plan.
G. Credit. Regional System improvements may be credited toward the TUMF in
accordance with the TUMF Administrative Plan and the following:
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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 Nexus Study for the Regional System effective at the time the
credit agreement is entered into. WRCOG staff must pre -approve any credit agreements that
deviate from the standard WRCOG approved format.
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 Nexus Study for the Regional System at the time the credit agreement is
entered into or actual costs, whichever is less.
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 5. 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 Nexus Study effective
at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through
an agreement between the developer and the City, contingent on funds being available and approved by
WRCOG. In all cases, however, reimbursements under such special agreements must coincide with
construction of the transportation improvements as scheduled in the five-year Zone Transportation
Improvement Program's adopted annually by WRCOG.
Section b. 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 in a manner consistent with the TUMF Administrative Plan.
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 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 the Ordinance and the calculation methodology set forth in the Fee Calculation
Handbook adopted July 14, 2003, as amended from time to time.
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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. The obligation to
pay the fee shall run with the land and be binding on all the successors in interest to the property.
iv. Fees shall not be waived.
C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive
Director of WRCOG along with a corresponding Remittance Report by the tenth (10) day of the close of
the month for the previous month in which the fees were collected for deposit, investment, accounting
and expenditure in accordance with the provisions of this Ordinance, TUMF Administrative Plan, 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 7. Aaoointment 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 . 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 revenue raised by the TUMF Program. The TUMF Administrative Plan further outlines the fiscal
responsibilities and limitations of the Administrator.
Section 8. Effect.
No provisions of this Ordinance shall entitle any person who has already paid the TUMF to
receive a refund, credit or reimbursement of such payment. This Ordinance does not create any new
TUMF.
Section 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
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.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. No Procedural Defenses.
Prohibition of Jurisdictions fi-om raising procedural defenses, including without limitation a statute
of limitations, laches, the California Government Tort Claims Act, and necessary parties in a
dispute with WRCOG regarding the matters set forth herein.
Section 11. 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 thirty days of the date of adoption of this Ordinance.
Section 12. Ordinance No.
This Ordinance Supersedes the provisions of Ordinance No. 2014-07 provided this Ordinance is
not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason. this
Ordinance is declared invalid Or Unenforceable by a court ofcompetent jurisdiction, Ordinance No. 2014-
07 all other related ordinances and polices shall remain in full Force and effect.
Section I'). Effective Date.
This Ordinance shall take effect oil November 10, 2017.
PASSED, APPROVED AND ADOPTED upon this 11'x' day of October 2017, by the following vote:
APPROVED AS TO FORM:
ATTEST:
Steven D. �,Wllilar. Assistant City Clerk
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STATE OF CALIFORNIA )
COUNTY OI RIVERSIDE
CITY OF EASTVALE )
1. Steven D. Aguilar, .Assistant City Clerk of the City oP Eastvale, do hereby certify that the
foregoing Ordinance Number 2017-05 was introduced at a special meeting of the City Council of
the City of Eastvale held on the 27"' day of September, 2017, and was passed by the City Council
of the City of Eastvale at its regular meeting held on the 11°' day of October, 2017, by the
following called vote:
AYES: Council Members Plott, Rigby. Rush. Matt=or Tessari
NOES. None
ABSENT: None
ABSTAIN: Mayor Pro Tein L.orimore
o
Steven 1). Aguilar, Assistant (ityClerk
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EXHIBIT "A"
MAP OF REGIONAL SYSTEM
EXHIBIT "A"
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EXHIBIT "B"
NEXUS STUDY
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