§ 4.58.060. Transportation uniform mitigation fee.

The following fees collected pursuant to this chapter 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 2016 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 chapter:

A.

Adoption of TUMF schedule. The following TUMF schedule is hereby adopted:

1.

Nine thousand four hundred eighteen dollars ($9,418.00) per single family residential unit.

2.

Six thousand one hundred thirty-four dollars ($6,134.00) per multi-family residential unit.

3.

One dollar and seventy-seven cents ($1.77) per square foot of an industrial project.

4.

Seven dollars and fifty cents ($7.50) per square foot of a retail commercial project.

5.

Four dollars and fifty-six cents ($4.56) per square foot of a service commercial project.

6.

Two dollars and nineteen cents ($2.19) per square foot of a class A office.

7.

Two dollars and nineteen cents ($2.19) per square foot of a class B office.

For single-family residential projects, the fees set forth in Section 4.58.060.A. shall be phased in as follows:

From the effective date of this chapter to June 30, 2019, the fee schedule shall be as follows:

1.

Eight thousand eight hundred seventy-three dollars ($8,873.00) per single family residential unit.

2.

Six thousand one hundred thirty-four dollars ($6,134.00) per multi-family residential unit.

3.

One dollar and seventy-seven cents ($1.77) per square foot of an industrial project.

4.

Seven dollars and fifty cents ($7.50) per square foot of a retail commercial project.

5.

Four dollars and fifty-six cents ($4.56) per square foot of a service commercial project.

6.

Two dollars and nineteen cents ($2.19) per square foot of a class A office.

7.

Two dollars and nineteen cents ($2.19) per square foot of a class B office.

From July 1, 2019 to June 30, 2020, the fee schedule shall be as follows:

1.

Nine thousand one hundred forty-six cents ($9,146.00) per single family residential unit.

2.

Six thousand one hundred thirty-four dollars ($6,134.00) per multi-family residential unit.

3.

One dollar and seventy-seven cents ($1.77 per square) foot of an industrial project.

4.

Seven dollars and fifty cents ($7.50) per square foot of a retail commercial project.

5.

Four dollars and fifty-six cents ($4.56) per square foot of a service commercial project.

6.

Two dollars and nineteen cents ($2.19) per square foot of a class A office.

7.

Two dollars and nineteen cents ($2.19) per square foot of a class B office.

B.

Fee calculation. The fees shall be calculated 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 and the county may consider the following items when establishing the appropriate fee calculation methodology:

1.

Underlying zoning of the site.

2.

Land-use classifications in the latest Nexus Study.

3.

Project-specific traffic studies.

4.

Latest standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual.

5.

Previous TUMF calculations for similar uses.

Prior to execution, the county shall transmit all draft credit/reimbursement agreements to WRCOG staff for review and comment. The county retains the discretion and authority to approve or deny all credit/reimbursement agreements under this chapter.

The county shall determine the appropriate methodology to calculate the fee based upon the items identified in this section and the WRCOG TUMF fee calculation Handbook, subject to annual auditing procedures by WRCOG as provided in the Joint Powers Agreement of the Western Riverside Council of Governments and 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 this chapter, 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 chapter, 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 years after the effective date of this chapter.

D.

Applicability. The TUMF shall apply to all new development within the county, unless otherwise exempt under this chapter.

E.

Exemptions. The following types of new development shall be exempt from the provisions of this chapter and the TUMF administrative plan:

1.

Low income residential housing as defined in Section 4.58.050.K. of this chapter.

2.

Government/public buildings, public schools, and public facilities as defined in Section 4.58.050 F. of this chapter.

3.

Public use airports appropriately permitted by the state department of transportation or other state agency.

4.

Development projects that are the subject of a public facilities development agreement entered into pursuant to Government Code section 65864 et seq, prior to February 8, 2003, 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 February 8, 2003, the TUMF shall be imposed.

5.

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.

6.

Guest quarters as defined in Section 21.35.a. of Ordinance No. 348 and pursuant to Section 18.18.d. of Ordinance No. 348.

7.

Second units pursuant to Section 18.18.f. of Ordinance No. 348.

8.

Kennels and catteries established in connection with an existing single family residential unit and as defined in Sections 21.40.a. and 21.20., respectively, of Ordinance No. 348.

9.

The sanctuary building of a church, temple or other house of worship, that is not revenue-generating and is eligible for a property tax exemption. This exemption excludes revenue-generating uses such as, but not limited to, concert venues, coffee or snack shops, book stores and for-profit day-care centers.

10.

Any non-profit, full-time day school at the elementary, middle school or high school level for students between the ages of five and eighteen (18) years.

11.

New single family residential units constructed by Non-Profit Organizations, as defined in Sections 4.58.050.T. and 4.58.050.K., respectively, of this chapter, specially adapted and designed for maximum freedom of movement and independent living for qualified disabled veterans, as defined in 4.58.050.E. of this chapter.

12.

Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.

F.

Credit. Regional system improvements may be credited toward the TUMF in accordance with the TUMF administrative plan and the following:

1.

Regional tier.

a.

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 the 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.

b.

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 from WRCOG.

c.

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.

2.

Local tier.

a.

The county shall compare facilities in local fee programs against the regional system and eliminate any overlap in its local fee program except where a recognized financing district has been established.

b.

If there is a recognized financing district established, the county may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF administrative plan.

(Ord. No. 824.15, § 1, 12-5-2017)