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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)