ORD 576ORDINANCE NO. 576
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL
CODE PERTAINING TO THE COLLECTION OF
TRANSPORTATION UNIFORM MITIGATION FEES
WHEREAS, the City of La Quinta ("City") is a Member Agency of the
Coachella Valley Association of Governments (“CVAG”), a joint powers
agency consisting of the County of Riverside ("County"), the Agua Caliente
Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres
Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities
(Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm
Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the
Coachella Valley (collectively, "Member Agencies"); and
WHEREAS, acting in concert, the Member Agencies developed a plan
whereby the shortfall in funds needed to enlarge the capacity of the Regional
System of Highways and Arterials within CVAG's jurisdiction (the “Regional
System”) could be made up in part by a Transportation Uniform Mitigation
Fee ("TUMF") imposed on future residential, commercial and industrial
development within the jurisdiction; and
WHEREAS, based on the 1987 Transportation Study, the City
implemented CVAG's model TUMF ordinance, and adopted Ordinance No.
507 on February 19, 2013, adding Chapter 3.33 to the La Quinta Municipal
Code; and
WHEREAS, CVAG commissioned Michael Baker International, Inc. to
prepare an updated TUMF study entitled "Transportation Uniform Mitigation
Fee (TUMF) 2018 Fee Schedule Update, Nexus Study Report", and dated
March 2018 (“2018 Nexus Study") to establish updated TUMF levels and
program revenue collection targets, which was approved by the CVAG
Executive Committee on April 30, 2018; and
WHEREAS, the 2018 Nexus Study revealed the need to revise certain
provisions of the model TUMF ordinance to reflect changes in the Mitigation
Fee Act which governs the adoption and implementation of development
impact fees and to reflect the findings of the 2018 Nexus Study; and
WHEREAS, by notice duly given and posted, on July 27 and August 3,
2018, the City Council conducted a public hearing to consider approval of the
2018 Nexus Study and this Ordinance; and
Ordinance No. 576
Transportation Uniform Mitigation Fee
Adopted: September 18, 2018
Page 2 of 8
WHEREAS, at the time and place set for the hearing, the City Council
duly considered the data and information provided by CVAG, City staff and
the public relative to the TUMF and all other comments, whether written or
oral, submitted prior to the conclusion of the hearing; and
WHEREAS, the City Council wishes to accurately collect TUMF fees
along with the other participating jurisdictions within the Coachella Valley as
requested by the CVAG General Assembly.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. SECTION 3.33.020 DEFINITIONS shall be amended as
written in “Exhibit A” attached hereto.
SECTION 2. SECTION 3.33.070 EXEMPTIONS AND CREDITS shall
be deleted in its entirety.
SECTION 3. SEVERABILITY. The City Council declares that, should
any provisions, paragraph, sentence or word of this ordinance be rendered
or declared invalid by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, or words of this ordinance as
hereby adopted shall remain in full force and effect.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and
effect sixty (60) days after its adoption or November 17, 2018.
SECTION 5. POSTING. The City Clerk shall, within 15 days after
passage of this Ordinance, cause it to be posted in at least three public
places designated by resolution of the City Council, shall certify to the
adoption and posting of this Ordinance, and shall cause this Ordinance and
its certification, together with proof of posting to be entered into the
permanent record of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 18th day of September, 2018, by the following
vote:
Ordinance No. 576
Transportation Uniform Mitigation Fee
Adopted: September 18, 2018
Page 4 of 8
“EXHIBIT A”
ORDINANCE NO. 576
Chapter 3.33 TRANSPORTATION UNIFORM MITIGATION FEE
3.33.010 Purpose, use and findings.
The city council finds and determines as follows:
A. The city is a member agency of the Coachella Valley Association of
Governments (CVAG), a joint powers agency consisting of public
agencies situated in the Coachella Valley (collectively, member
agencies).
B. Acting in concert, the member agencies developed a plan whereby
the shortfall in funds needed to enlarge the capacity of the Regional
System of Highways and Arterials within CVAG’s jurisdiction (the
Regional System) could be made up in part by a transportation uniform
mitigation fee (TUMF) imposed on future residential, commercial and
industrial development within the jurisdiction.
C. That CVAG commissioned the preparation of various studies (fee
studies) which evaluate population and employment growth, future
transportation needs and the availability of traditional transportation
funding sources to establish updated TUMF levels and program revenue
collection targets.
D. That the fee studies, as periodically updated, make it possible to
determine a reasonable relationship between the cumulative regional
impacts of new land development projects in the Coachella Valley on the
Regional System and the need to mitigate these transportation impacts
using funds levied through the TUMF program.
E. That the fee studies, as periodically updated, establish the purposes
of the TUMF, which may be summarized as a uniform development
impact fee to help fund construction of the Regional System needed to
accommodate growth in the Coachella Valley to the year 2040.
F. That the fee studies, as periodically updated, establish that the TUMF
proceeds will be used to help pay for the engineering, construction and
acquisition of right-of-way for the Regional System improvements
identified therein. Such improvements are necessary for the safety,
health and welfare of the residential and nonresidential users of the
development projects on which the TUMF will be levied.
G. That the fee studies, as periodically updated, establish a reasonable
and rational relationship between the use of the TUMF proceeds and the
type of development projects on which the TUMF is imposed.
H. That the fee studies, as periodically updated, establish the
reasonable relationship between the impact of new development and the
need for the TUMF.
Ordinance No. 576
Transportation Uniform Mitigation Fee
Adopted: September 18, 2018
Page 5 of 8
I. That the TUMF program revenues to be generated by new
development will not exceed the total fair share of these costs.
J. That the projects and methodology identified in the fee studies, as
periodically updated, for the collection of fees is consistent with the
goals, policies, objectives and implementation measures of the city’s
general plan.
K. That the TUMF program complies with the provisions of the Mitigation
Fee Act. (Ord. 507 § 1, 2013)
3.33.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have
the meanings respectively ascribed to them as follows:
“Change of use” means any change in the use of an existing building
that results in the increase of vehicular trips.
“Development” means any activity which requires discretionary or
ministerial action by the city resulting in the issuance of grading,
building, plumbing, mechanical or electrical permits, or certificates of
occupancy issued by the city to construct, or change the use of, a
building or property. Where “development” applies to an enlargement of
an existing building, or a change of use of an existing building that
results in increased vehicle trips, the average weekday trips shall be only
the additional trips in excess of those associated with the existing use.
“Fee studies” means the studies prepared by CVAG and adopted by the
city council, which support the fee established by this chapter, and
includes all the underlying reports and documents referenced therein.
“Impact fee schedule” means the schedule of development impact fees
approved by resolution of the city council.
“Mitigation Fee Act” means the law set forth in the California
Government Code (Government Code Section 66000 et seq.) that
establishes the criteria for establishing a fee as a condition of approval of
a development project.
“Regional System” means the regional system of roads, streets and
highways identified by CVAG in its 2016 Transportation Project
Prioritization Study (TPPS) to accommodate growth in the Coachella
Valley to the year 2040. Only those projects scoring above 7.5 points in
the TPPS are included for TUMF consideration.
“Transportation mitigation trust fund” means the fund established
pursuant to this chapter.
“TUMF” means the transportation uniform mitigation fee established by
this chapter. (Ord. 507 § 1, 2013)
Ordinance No. 576
Transportation Uniform Mitigation Fee
Adopted: September 18, 2018
Page 6 of 8
3.33.030 Fee established.
A. There is established a transportation uniform mitigation fee (TUMF),
which shall apply to new development yet to receive final discretionary
approval and/or issuance of a building permit or other development right
and to any reconstruction or new use of existing buildings that results in
change of use and generates additional vehicular trips.
B. The facilities to be funded by the TUMF are detailed in the fee study,
which is on file with the city’s public works department.
C. The TUMF is in addition to the requirements imposed by other city
laws, policies or regulations relating to the construction or the financing
of the construction of public improvements within subdivisions or
developments. (Ord. 507 § 1, 2013)
3.33.040 Fund established.
A. There is established a transportation mitigation trust fund (trust
fund) into which TUMF proceeds shall be deposited.
B. TUMF proceeds shall be imposed and collected by the city and shall
be transmitted to CVAG to be placed in the trust fund. All interest or
other earnings of the trust fund shall be credited to the trust fund.
C. CVAG shall administer the trust fund in accordance with the
Mitigation Fee Act. (Ord. 507 § 1, 2013)
3.33.050 Calculation and collection of the TUMF.
A. The method of calculating the TUMF shall be described in CVAG’s
Transportation Uniform Mitigation Fee Handbook, a copy of which is on
file with the city’s public works department.
B. The amount of the fees due shall be the amount set forth in the
applicable impact fee schedule in effect at the time each fee is due. The
TUMF shall be collected pursuant to the city’s established procedures for
the collection of development impact fees. (Ord. 507 § 1, 2013)
3.33.060 Use restrictions.
TUMF proceeds shall be solely used for the engineering, construction and
acquisition of right-of-way for the Regional System improvements identified
in the fee study and any other purpose consistent with this chapter. TUMF
proceeds shall not be used for Regional System maintenance. (Ord. 507 § 1,
2013)
Ordinance No. 576
Transportation Uniform Mitigation Fee
Adopted: September 18, 2018
Page 7 of 8
3.33.080 Appeal procedures.
A. Any developer, who, because of the nature or type of uses proposed
for a development project, contends that application of the TUMF is
unconstitutional or unrelated to mitigation of the burdens of the
development, may file a written appeal with the city within ninety days
after imposition of the TUMF as a condition of approval or as otherwise
provided by the Mitigation Fee Act.
B. The appeal shall be heard by the CVAG executive committee in
accordance with CVAG’s established policies and procedures for
conducting such matters. The decision of the executive committee shall
be final. (Ord. 507 § 1, 2013)
3.33.090 Administrative fee.
A. The city may impose an administrative fee in amount computed to
cover the average cost to the city of processing the TUMF. The city shall
establish such fee in accordance with the city’s procedures for
establishing service-related fees.
B. The administrative fee authorized by this section shall be in addition
to the fee imposed under Section 3.33.030. The administrative fee,
when collected, shall be retained by the city to recover its costs. (Ord.
507 § 1, 2013)