Ordinance 11-09ORDINANCE NO. 2011-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE
ESTABLISHING A TEMPORARY REDUCTION OF THE WESTERN RIVERSIDE
COUNTY TRANSPORTATION MITIGATION FEE PROGRAM
The City Council of the City ofEastvale does ordain as follows:
Section 1. Title.
This Ordinance shall be known as the "Western Riverside County Transportation
Uniform Mitigation Fee Temporary Fee Reduction Ordinance of2011" ("Ordinance").
Section 2. Findings.
A. City Council reaffirms the continuing impact of the economic recession on
development and construction in Western Riverside County, as originally discussed in the
Addendum to the 2009 Nexus Study, attached, and incorporated as part of the 2009 Nexus Study.
Therefore, the City Council fmds that a temporary fifty percent 50% reduction Transportation
Uniform Mitigation Fee ("TUMF") will continue to encourage economic development by
reducing the overall cost of development. The City Council further understands that the same
adjustment of the entire TUMF Program will be necessary to assure that each development
continues to contribute a fair share of the total Program costs without unduly burdening later
projects to make up the TUMF revenues that would be effectively forfeited during the extended
reduction period. The City Council fmds that a temporary reduction will result in a limited
decrease in TUMF revenues and will not have a material effect on the ability to fulfill the
purposes of the TUMF program or the ability to make the fmdings recited herein and in
Riverside County Ordinance No. 824 and as amended in Riverside County Ordinance No. 824.7
in 2009, copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as
if fully set forth herein.
B. The City Council also understands that any long-term continuation ofthe TUMF
reduction period can jeopardize the applicability of the Nexus Study and the integrity of the
TUMF Program, and the ability to deliver currently programmed and future planned projects. To
protect the integrity of the TUMF Program, this temporary fee reduction will not be permitted to
exceed a maximum cap of twenty-million ($20,000,000) dollars for all uncollected TUMF
revenues resulting from the fee reduction period since its effective date upon notification ofletter
by WRCOG Executive Director at the direction of the WRCOG the Executive Committee.
Section 3. Temporary Fee Reduction Period.
Notwithstanding Section 4 of Ordinance No. 824 and the adopted TUMF schedule, the
City Council may, by this ordinance, adopt a reduced TUMF fee schedule applicable only
through December 31, 2011 or until such time the City receives written notice from the WRCOG
Executive Director under direction of the WRCOG Executive Committee that the $20 million
aggregate cap in uncollected TUMF revenues has been reached, whichever occurs earlier. The
TUMF may be so reduced by fifty percent (50%) of fees established in the schedule adopted
pursuant to Ordinance 824. All other sections of Ordinance No. 824 and as amended by 824.7
{00005053.DOCX VI}
shall still be in effect during the temporary fee reduction period. After December 31, 2011, the
regular TUMF schedule, as adopted by the City Council and revised from time to time pursuant
to Ordinance 824, shall automatically be reinstated without any further action required. By
establishing this fee reduction period, the City Council understands that it will have an obligation
to backfill uncollected TUMF revenue based on the 50% fee reduction through recommended
specific, effective cost savings and repayment methods as determined by WRCOG in
coordination with the individual Zone Committees. This action in no manner relieves the City
Council of any past and future program funding backfill obligations previously required before
this action. The City Council will make monthly reports to WRCOG of the outstanding amount
ofuncollected TUMF revenue resulting from the 50% temporary fee reduction from its effective
date.
Section 4. 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 5. 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 6. Ordinance No. 824.
If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of
competent jurisdiction, Ordinance No. 824 and all other related ordinances and polices shall
remain in full force and effect.
Section 7. Effective Date.
This Ordinance shall take effect sixty ( 60) days after its adoption.
MOVED AND PASSED upon this 11th day of May, 2011.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY
CERTIFY that the foregoing Ordinance Number 2011-09 was duly and regularly adopted by the
City Council of the City ofEastvale at a regular meeting held the 11th day of May, 2011, by the
following vote:
AYES: council Members Howell, Welch, Bootsma, Mayor Pro Tern
DeGrandpre and Mayor Rush
NOES: None
ABSENT: None
ABSTAIN: None
(00005053.DOCX VI}
[00005053.DOCX VI)
EXHIBIT "A"
COUNTY ORDINANCE NO. 824
ORDINANCE NO. 824
(AS AMENDED THROUGH 824.11)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
The Board of Supervisors of the County of Riverside ordains as follows:
Section 1. TITLE. This ordinance shall be known as the "Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance of 2010" ("Ordinance").
Section 2. FINDINGS. The Board of Supervisors finds that:
a. The County, as a member agency of the Western Riverside Council of
Governments ("WRCOG"), a joint powers agency comprised of the County of
Riverside and sixteen (16} cities located in Western Riverside County, must act in
concert with the WRCOG Member Agencies to develop and update a plan
whereby the shortfall in funds needed to enlarge the capacity of the Regional
System of Highways and Arterials in Western Riverside County ("Regional
System"), depicted in Exhibit "A", attached hereto and by this reference
incorporated herein, could be made up in part by a Transportation Uniform
Mitigation Fee ("TUMF") on future residential, commercial and industrial
development.
b. WRCOG prepared a certain "Western Riverside County Transportation Uniform
Fee Nexus Study," dated October 18, 2002 ("2002 Nexus Study") in compliance
with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.); whereby the County
adopted and implemented an ordinance, based on the 2002 Nexus Study,
authorizing the County's participation in the TUMF Program.
c. As a TUMF Participating Jurisdiction, the County must follow the recommendation
made by the WRCOG Executive Committee and amend its TUMF ordinance,
based on the new nexus study entitled "Transportation Uniform Mitigation Fee
Nexus Study: 2009 Update" ("2009 Nexus Study") to reflect changes in the TUMF
network and the cost of construction in order to update, among other things, the
TUMF Program Fee schedules.
d. It has considered the 2009 Nexus Study, including its Addendum regarding
temporary fee reduction, and its findings in adopting this ordinance.
e. Continuation of a TUMF Program is essential because 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, adversely affect the public health, safety and welfare.
f. 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.
Ord. 824 -Page 1
g. 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.
h. The cost estimates set forth in the new 2009 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.
i. The impact of an economic recession on development and the construction sector
in Western Riverside County, as indicated in the Addendum to the 2009 Nexus
Study, has been substantial and a temporary fifty percent (50%) reduction in
TUMF through December 31, 2010 will encourage economic development by
reducing the overall cost of development. An adjustment of the entire TUMF
Program will also assure that each development continues to contribute a fair
share of the total Program costs.
j. A minor decrease in TUMF revenues will not have a material effect on the ability to
fulfill the purposes of the TUMF Program or the ability to make the findings recited
herein pursuant to the Mitigation Fee Act.
k. 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 2009 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.
Section 3. PURPOSE. The purpose of this ordinance is to authorize the County's
participation in the TUMF Program which establishes and sets forth policies, regulations,
and authorized uses of fees collected relating to the funding for the construction of
improvements and facilities to enlarge the capacity of the Regional System of Highways
and Arterials in Western Riverside County necessary to address the direct and
cumulative environmental effects generated by new development projects described and
defined in this ordinance.
Section 4. AUTHORITY. This ordinance is established under the authority of Article
11, Section 7 of the California Constitution and Title 7, Division 1, Chapter 5 of the
Government Code, beginning with Section 66000 et seq., which provides that a local
agency may establish fees for the purpose of defraying all or a portion of the cost of
public facilities related to development projects.
Section 5. DEFINITIONS. As used in this ordinance, the following terms shall have
the following meanings:
a. Area Plan. The area plan as it is depicted in Exhibit "B" and noted as the
unincorporated areas of Riverside County as referenced and attached to this
ordinance.
Ord. 824 -Page 2
b. Board of Supervisors or Board. The Board of Supervisors of the County of
Riverside.
c. Class "A" Office. 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: (1) minimum of
three stories (exception will be made for March JPA, where height requirements
exist); (2) minimum of 10,000 square feet per floor; (3) steel frame construction;
(4) central, interior lobby; and (5) 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.
d. Class "B" Office. 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: (1) minimum of
two stories; (2) minimum of 15,000 square feet per floor; (3) steel frame, concrete
or masonry shell construction; (4) central, interior lobby; and (5) 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.
e. County. The County of Riverside.
f. Development Project or Project. Any project undertaking for the purposes of
development including the issuance of a permit for construction.
g. Gross Acreage. 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.
h. Habitable Structure. 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.
i. Industrial Project. Any development project that proposes any industrial or
manufacturing use allowed in the following ordinance No. 348 zoning
classifications: 1-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.
j. Lower Income Residential Housing. Residential units in publicly subsidized
projects constructed as housing for lower 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.
k. Multi Family Residential Unit. A development project that has a density of greater
than eight (8) residential dwelling units per gross acre.
I. Non-Residential Unit. A retail commercial, service commercial and industrial
Ord. 824-Page 3
development which is designed primarily for non-dwelling use, but shall include
hotels and motels.
m. Recognized Financing District. A Financing District as defined in the TUMF
Administrative Plan as may be amended from time to time.
n. Residential Dwelling Unit. 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.
o. Retail Commercial Project. Any development project that proposes any
commercial use which does not fall within the definition of a service commercial
project as it is defined within this ordinance that are allowed in the following
Ordinance No. 348 classifications: R-1, R-R, R-R-0, 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-0, 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.
p. Service Commercial Project. 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, except any development project which falls
under the definitions of a Class "A" or Class "B" Office defined above.
q. Single Family Residential Unit. Each residential dwelling unit in a development
that has a density of eight (8) units to the gross acre or less.
r. Transportation Uniform Mitigation Fees or TUMF or Fees. The Fees imposed
pursuant to the provisions of Ordinance No. 824.
s. TUMF Participating Jurisdiction. 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.
t. TUMF Program. The Process of collecting and expending Transportation Uniform
Mitigation Fees.
Section 6. TRANSPORTATION UNIFORM MITIGATION FEE. The following fees
collected pursuant to this ordinance shall provide revenue to pay for the design, planning,
construction of and real property acquisition for the Regional System improvements and
its facilities as identified in the 2009 Nexus Study. The Transportation Uniform Mitigation
Fees shall be paid for each residential unit, development project or a portion thereof to be
constructed, in the amounts specified for each category as defined herein and shown
below commencing on the effective date of this ordinance:
a. Adoption of TUMF Schedule. The following TUMF schedule is hereby adopted:
1) $8,873.00 per single family residential unit
2) $6,231.00 per multi-family residential unit
3) $ 1.73 per square foot of an industrial project
4) $ 10.49 per square foot of a retail commercial project
5) $ 4.19 per square foot of a service commercial project
6) $ 2.19 per square foot of a service Class A and B Office
b. Fee Calculation. The fees shall be calculated according to the calculation
methodology fee set forth in the Fee Calculation Handbook adopted July 14, 2003,
Ord. 824 -Page 4
as amended from time to time. The following shall be observed for purposes of
calculating the fee:
1) For non-residential projects, the fee rate utilized shall be based upon the
predominant use of the building or structure identified in the building permit and as
further specified in the TUMF Administrative Plan.
2) 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 ordinance,
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. Applicability. The TUMF, including during the temporary reduction period, shall
apply to all new development within the WRCOG Boundary of County, as
identified by Exhibit "B", attached hereto and by this reference incorporated herein,
unless otherwise exempt hereunder.
Section 7. TEMPORARY FEE REDUCTION PERIOD. Pursuant to the fee adjustment
authority set forth in Section 6.c. and notwithstanding Section 6.a., or any other provision
of this ordinance, the following TUMF fee schedule shall apply for the period commencing
on February 12, 2011 and ending on March 11, 2011, unless otherwise amended or
repealed by the Board:
a. Temporary Fee Schedule.
1) $4,437.00 per single-family residential unit
2) $3,115.00 per multi-family residential unit
3) $ 0.86 per square foot of an industrial project
4) $ 5.24 per square foot of a retail commercial project
5) $ 2.10 per square foot of a service commercial project
6) $ 1.10 per square foot of a service Class A and B Office
b. Application. The temporary fee reduction described in this section shall not apply to or
affect fees owed under any development agreement or other contractual arrangement in
effect on or before the effective date of Ordinance No. 824.10. If reduced fees are paid
pursuant to this section at the issuance of a building permit and either the building permit
or the application there for expires, subsequent building permit applications on the same
parcel shall be subject to the full TUMF amount, unless the temporary fee reduction is still
in effect at the time of the subsequent application.
c. Effect. No provision of this section shall entitle any person who has already paid the
Transportation Uniform Mitigation Fees to receive a refund, credit or reimbursement of
such payment. This section only effects a temporary change in the County's
Transportation Uniform Mitigation Fees.
Ord. 824 -Page 5
d. Expiration. As of December 31, 2011, this section is repealed without further action by
the Board of Supervisors, unless the Board of Supervisors repeals or modifies this
section prior to that date. The repeal of this section shall not affect the validity of actions
taken or Transportation Uniform Mitigation Fees paid under the authority of this section."
Section 8. EXEMPTIONS. The following types of new development shall be exempt
from the provisions of this ordinance:
a. Lower income residential housing.
b. Government/public buildings, public schools and public facilities.
c. 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.
d. Development Projects which are the subject of a Public Facilities Development
Agreement ("Development Agreement") entered into pursuant to Government
Code section 65864 et seq, prior to the effective date of 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 Ordinance No. 824, the TUMF shall be
imposed.
e. Guest Dwellings, as defined in Section 21.31 of Ordinance No. 348.
f. Additional single family residential units located on the same parcel pursuant to
the provisions of any agricultural zoning classifications set forth in Ordinance No.
348.
g. Kennels and Catteries established in connection with an existing single family
residential unit and as defined in Sections 21.40a and 21.20 of Ordinance No. 348.
h. Detached Second Units pursuant to Section 18.28a of Ordinance No. 348.
i. The sanctuary building of a church or other house of worship, eligible for a
property tax exemption.
j. 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.
Section 9. CREDIT. Regional System improvements may be credited toward the
TUMF in accordance with the TUMF Administrative Plan and the following:
a. Regional Tier.
1) Arterial Credits. If a developer constructs arterial
improvements identified in the Regional System, the developer shall receive credit
for all costs associated with the arterial component based on approved the Nexus
Study for the Regional System effective at the time the parties enter the credit
agreement. WRCOG staff must pre-approve any credit agreements that deviate
from the standard WRCOG approved format.
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 County in consultation with the
developer. All such credits must have prior written approval by WRCOG.
Ord. 824-Page 6
3) The amount of the Fee credit shall not exceed the maximum amount determined
by the 2009 Nexus Study for the Regional System at the time the credit agreement
is entered into or actual costs, whichever is less.
b. Local Tier.
1) 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.
2) 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 10. REIMBURSEMENTS. Should the developer construct Regional System
improvements in excess of the TUMF obligation, the developer may be reimbursed based
on actual costs or the approved Nexus Study, including Addendum 1, effective at the time
the agreement was entered into, whichever is less. Reimbursements shall be enacted
through an agreement between the developer and the County, 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 Capital Improvements Program adopted annually by
WRCOG.
Section 11. 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:
1) 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 ("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
pursuant to a WRCOG-Developer Deferral Agreement prior to the Payment Date,
the amount of the fee due shall be based on the TUMF 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.
2) 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 County shall not enter into a development agreement which freezes
future adjustments of the TUMF.
3) 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.
Ord. 824-Page 7
4) Fees shall not be waived.
c. Disposition of Fees. All fees collected hereunder shall be transmitted to the
Executive Director of WRCOG within thirty (30) 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 12. of this ordinance.
Section 12. 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
County, 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 ordinance 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 otherwise clearly defined in the
ordinance. 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 13. VIOLATIONS AND PENAL TIES. A violation of any prov1s1on of this
ordinance is an infraction as hereinafter specified. A person is guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of this ordinance is committed or continued. Any violation of this ordinance
may be prosecuted by county authorities in the name of the people of the State of
California, or redressed by civil action. Every violation determined to be an infraction is
punishable by (1) a fine not exceeding one hundred dollars ($1 00) for a first violation; (2)
a fine not exceeding two hundred dollars ($200) for a second violation within one year;
(3) a fine not exceeding five hundred dollars ($500) for each additional violation within
one year. The penalties herein are in addition to any other remedies provided by law and
the payment of any penalty herein shall not relieve a person of the obligation to correct
the violation.
Ord. 824-Page 8
Section 14. SEVERABILITY. If any of the terms, prov1s1ons or sections of this
ordinance or the application thereof to any person or circumstances shall to any extent be
judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of
competent jurisdiction, such invalidity or determination shall not affect the other
provisions of this ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are hereby declared to be
severable.
Section 15. JUDICIAL REVIEW. In accordance with State law, any judicial action or
proceeding to attack, review, set aside, void or annul this ordinance shall be commenced
within ninety (90) days of the date of adoption of this ordinance.
Section 16. SUPERSESSION OF OTHER FEES. The Fees established by this
ordinance shall supersede and replace those fees previously established and applicable
under Riverside County Ordinance No. 824 and shall apply to the issuance of any
development permit or entitlement made on and after the date that this ordinance takes
effect.
Section 17. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after its
adoption.
Adopted:
824 Item 3.55 of 12/10/2002 (Eft: 02/08/2003)
Amended:
824.1 Item 9.2 of 12/21/2004 (Eft: 03/01/2005)
824.2 Item 16.3 of 05/02/2006 (Eft: 07/03/2006)
824.3 Item 15.7 of 05/01/2007 (Eft: 07/02/2007)
824.4 Item 15.2 of 05/20/2008 (Eft: 07/19/2008)
824.5 Item 3.79 of 07/01/2008 (Eft: 07/01/2008)
824.6 Item 16.3 of 04/28/2009 (Eft: 06/27/2009)
824.7 Item 3.33 of 12/1/09 (Eft: 12/31/2009) (Except that Section 6. subsection a.(4)
shall take effect sixty (60) days after its adoption.) (Eft: 01/31/201 0)
824.8 Item 3.70 of 12/14/2010 (Eft: immediately)
824.9 Item 3.81 of 01/11/2011 (Eft: immediately)
824.10 Item 3.27 of 01/25/2011 (Eft: 02/24/2011)
824.11 Item 3.42 of 02/08/2011 (Eft: immediately)
Ord. 824 -Page 9
EXHIBIT "A"
MAP OF WESTERN RIVERSIDE COUNTY & REGIONAL SYSTEM
Ord. 824-Page 10
EXHIBIT "B"
WRCOG BOUNDARY OF COUNTY
Ord. 824 -Page 11
{00005053.DOCX VI}
EXHIBIT "B"
NEXUS STUDY