ORD 507ORDINANCE NO. 507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ADOPTING 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 Member of the Coachella Valley
Association of Governments ( "CVAG "), a joint powers agency consisting of the
County of Riverside ( "County "), the Aqua 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 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, as a Member of CVAG, the City participated in the preparation of
the 1987 Coachella Valley Area Transportation Study ("1987 Transportation
Study ") prepared pursuant to the Mitigation Fee Act (Government Code section
66000 et seq.);
WHEREAS, CVAG commissioned Parsons Brinckerhoff to prepare an updated
TUMF study entitled " 2006 Fee Schedule Update Nexus Study Report ", and dated
June 27, 2006 ( "2006 Nexus Study ") to establish updated TUMF levels and
program revenue collection targets, which was approved by the CVAG Executive
Committee on July 31, 2006; and
WHEREAS, the 2006 Nexus Study revealed the need to revise the 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 2006 Nexus Study; and
WHEREAS, pursuant to the terms of the Implementation Agreement relating
to the TUMF, as a condition to the receipt of its share of the local portion of
Measure "A" funds, each city was required to adopt and maintain a TUMF to be
administered by CVAG under the terms of the Implementation Agreement; and
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 2 of 9
WHEREAS, the City had never adopted nor maintained a TUMF program,
thereby forfeiting its share of the local portion of Measure "A "; and
WHEREAS, the City now desires to establish the TUMF program within its
jurisdiction so as to become eligible to receive its share of the local portion of
Measure "A" funds;
WHEREAS, by notice duly given and posted, on January 23, 2013 and on
January 30, 2013, the City Council conducted a public hearing to consider
approval of the 2006 Nexus Study and this Ordinance; and
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 ADOPT CHAPTER 3.33 "TRANSPORTATION UNIFORM MITIGATION
FEE"
The La Quinta Municipal Code Chapter 3.33, "Transportation Uniform Mitigation
Fee" is hereby added to read as follows:
Chapter *
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
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 3 of 9
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 2030.
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 non - residential 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.
I. That the TUMF program revenues to be generated by new
development will not exceed the total fair share of these costs.
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 4 of 9
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.
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 Study" means the studies prepared by CVAG and adopted by the City
Council, which supports 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 as needed to accommodate growth in the
Coachella Valley to the year 2030.
"Transportation Mitigation Trust Fund" means the fund established pursuant
to this chapter.
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 5 of 9
"TUMF" means the Transportation Uniform Mitigation Fee established by this
chapter.
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.
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.
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.
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 6 of 9
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.
3.33.070 Exemptions and Credits
A. The following developments are exempted from payment of the fee
required by this chapter:
1. Low and lower- income residential housing, including single -
family homes, apartments and mobile homes built for those whose income is
no more than eighty percent of the median income in the San Bernardino -
Riverside Standard Metropolitan Statistical Area and as determined and
approved by the City Council or its designee. The sales or rental price shall
not exceed the affordability criteria as established under HUD Section 8
guidelines.
2. Public buildings, public schools and public facilities, unless
primarily used for lease to private, for - profit enterprises.
3. Buildings used for religious purposes but excluding other
commercial properties or businesses owned by a religious institution.
4. The reconstruction of any building so long as the reconstructed
building both continues a use of the same category as the prior use, and
generates the same or fewer trips as the original building and reconstruction
commences within one year from destruction of the building.
B. Credit against the TUMF shall be given where a developer improves
streets included within the Regional System beyond the City's requirements
established for on -site and off -site improvements imposed upon projects. To
receive a credit, the developer shall obtain in advance an agreement with
CVAG pursuant to CVAG's rules and regulations. That credit shall be an
amount equal to the actual engineering and construction costs incurred at
the time of the development to the extent that CVAG has included those
costs in its estimated cost of constructing the Regional System.
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 7 of 9
3.33.070 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.
3.33.080 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.
SECTION 2 . SEVERABILITY The City Council declares that, should any provision,
section, 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 3 . EFFECTIVE DATE: This Ordinance shall be in full force and effect sixty
(60) days after its adoption.
SECTION 4. 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 Book of Ordinances of the City of La Quinta.
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 8 of 9
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 19" day of February, 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
ATTEST:
ems.
— C�4&� SUSAN M SELS, Ci Clerk
City of La Quinta, California
(CITY SEAL)
AS TO
KATHERINE JEN�OW City Attorney
r of La Quinta, C&Vornia
Ordinance No. 507
TUMF
Adopted February 19, 2013
Page 9 of 9
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA 1
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 507
which was introduced at a regular meeting on the 5th day of February, 2013, and
was adopted at a regular meeting held on the 19th day of February, 2013, not
being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006 -115.
SUSAN KOAYSELS, ity CI
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on February 21, 2013, pursuant to
Council Resolution.
7�
SUSAN qAYSELS, ity Cle
City of La Quinta, California