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 evaluated 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 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.
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. 937 § 2, 2006; Ord. 1140 § 2, 2018)
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.
"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 seven and one-half points
in the TPPS are included for TUMF consideration.
"TUMF"
means the Transportation Uniform Mitigation Fee established
by this chapter.
(Ord. 937 § 2, 2006; Ord. 1140 § 3, 2018)
TUMF proceeds shall be solely used for the engineering, construction
and acquisition of 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. 937 § 2, 2006)
The following developments are exempted from payment of the
fee required by this chapter:
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.
(Ord. 937 § 2, 2006; Ord. 1140 § 3, 2018)