Ordinance 18-14ORDINANCE NO. 2018-14
AN ORDINANCE OF THE CITY OF EASTVALE ADDING
CHAPTER 4.72 TO THE EASTVALE MUNICIPAL CODE
RELATED TO THE CITY'S PARTICIPATION IN THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: ADDITION OF CHAPTER 4.72 TO THE EASTVALE MUNICIPAL CODE.
Chapter 4.72 (WESTERN RIVERSIDE COUNTY TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM) is hereby added to the Eastvale Municipal
Code to read as follows:
"Sec. 4.72.010. TITLE
This Ordinance shall be known as the "Western Riverside County Transportation
Uniform Mitigation Fee Program Ordinance of 2018" ("Ordinance").
Sec. 4.72.020. 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 and 18 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.
B. WRCOG, upon the recommendation of the WRCOG Executive Committee, now
desires to adopt a process in which WRCOG calculates and collects TUMF on behalf of
member agencies under the Western Riverside County Transportation Uniform Mitigation Fee
Program Ordinance of 2018.
C. The findings set forth in Ordinance No. 2017-05 remain true and correct, and by
this reference are incorporated as if set forth in full herein. This Ordinance No. shall
amend and supersede the provisions of Ordinance No. , and to the extent any provisions
herein conflict with any provisions of Ordinance No. or any other ordinance of the City, the
City Council finds and determines that it is the intent of the City Council that the provisions
herein shall control.
Sec. 4.72.030. 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 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) minimum 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 following zoning classifications: I -P, M -S-
C, M -M, M -H, M -R, M -R -A, 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 Affordable
Units": (A) for rental housing, the units shall be made available, rented and restricted to
"lower income 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-Familv 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 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 following zoning 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, 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 4.72.040, subsection F 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 subject 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
W RCOG .
(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: 1) 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.
Sec. 4.72.040. 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 by WRCOG according to
the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation
Handbook adopted July 14, 2003, as amended from time to time. In addition to data in
the Fee Calculation Handbook, WRCOG Staff may consider the following items when
establishing the appropriate fee calculation methodology:
• 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 by the local agency. In case of a
conflict between the applicant, WRCOG, and/or the local agency regarding the fee
calculation methodology, the dispute resolution process in the TUMF Administrative
Plan will apply.
C. Fee Adjustment. The 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:
1. Low income residential housing as described in Section 4.72.030
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 4.72.030 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.
3. 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 County Ordinance No. 824, wherein
the imposition of new fees are expressly prohibited, provided that if the term of
such a Development Agreement is extended by amendment or by any other
manner after the effective date of County Ordinance No. 824, the TUMF shall be
imposed.
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 4.72.030 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:
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.
Sec. 4.72.050 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.
Sec. 4.72.060. 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 provide WRCOG with development
project specifics for the calculation of TUMF in a manner consistent with the TUMF
Administrative Plan.
B. Payment and Collection. Payment of the fees shall be as follows:
i. All fees collected hereunder shall be collected by WRCOG for
deposit, investment, accounting and expenditure in accordance with the
provisions of this Ordinance, TUMF Administrative Plan, and the Mitigation Fee
Act.
ii. 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.
iii. 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.
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. The obligation to pay the fee shall run with the land and be binding on
all the successors in interest to the property.
V. Fees shall not be waived.
C. Issuance of Certificate of Occupancy. The City shall not issue a
certificate of occupancy for any Development Project until WRCOG has provided written
evidence that it has collected the fee.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the
provisions of the TUMF Administrative Plan. Appealable issues shall be the application
of the fee, application of credits, application of reimbursement, application of the legal
action stay and application of exemption.
E. Reports to WRCOG. The Director of Building and Safety, or 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.
Sec. 4.72.070. APPOINTMENT OF THE TUMF ADMINISTRATOR.
WRCOG is hereby appointed as the Administrator of the Transportation Uniform
Mitigation Fee Program. WRCOG is hereby authorized to collect all fees generated from
the TUMF within the City, and to invest, account for and expend such fees in
accordance with the provisions of this 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 2: 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 3: SEVERABILITY.
If any one or more of the terms, provisions or sections of this Ordinance shall to
any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever
by a court of competent jurisdiction, then each and all of the remaining terms, provisions
and sections of this Ordinance shall not be affected thereby and shall be valid and
enforceable.
SECTION 4: SUPERSESSION.
This Ordinance supersedes the provisions of Ordinance No. 2017-05, 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 of competent jurisdiction, Ordinance No. 2017-05 and all other related
ordinances and polices shall remain in full force and effect.
SECTION5: TOLLING AGREEMENT.
City hereby agrees to the tolling, for a period of three (3) years from the completion of
the fiscal year in which monthly remittances are or should have been made under this
Ordinance, of any statute of limitations for the commencement of legal action and any
requirement for the prior submission of claims, as provided for under state or local law,
that is applicable to WRCOG's collection of TUMF Program Fees as required under the
TUMF Administrative Plan.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall take effect 30 days after its adoption.
APPROVED AND ADOPTED this 12th day of December, 2018.
Mayor—
ATTEST: APPROVED AS TO FORM:
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Steven Aguilar, City Clerk Erica Vega, City for le
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EXHIBIT "A"
MAP OF REGIONAL SYSTEM
On file in the City Clerk's Office
EXHIBIT "A"
EXHIBIT "B"
NEXUS STUDY
On file in the City Clerk's Office
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Steven D. Aguilar, City Clerk of the City of Eastvale, California, do hereby certify that
the foregoing City Council Ordinance No. 18-14, was duly adopted by the City Council of
the City of Eastvale, California, at a special meeting thereof held on the 12t�' day of
December 2018, by the following vote:
AYES: Council Members Tessari, Lorimore, Yew, Mayor Pro Tem Plott and Mayor Rigby
NOES: None
ABSENT: None
ABSTAIN: None
Steven D. Aguilar, CMC
City Clerk