(A) Adoption of TUMF schedule. The City Council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.
(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 local agency 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 Previous TUMF calculations for similar uses;
(5) WRCOG staff shall approve final draft credit/reimbursement agreement prior to execution;
(6) WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided. In case of a conflict between the applicant, WRCOG, and/or the local agency regarding the fee calculation methodology, the dispute resolution process in the TUMF Administrative Plan will apply.
(C) Fee adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the resolution, 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) Purpose. The purpose of the TUMF is to fund those certain improvements to the regional system as depicted in Exhibit A to Ordinance 3264 and identified in the 2016 Nexus Study attached as Exhibit B to Ordinance 3264.
(E) Applicability. The TUMF shall apply to all new development within the city, unless otherwise exempt hereunder.
(F) 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 described in § 16.21.030(K) and in the TUMF Administrative Plan.
(2) Government/public buildings, public schools, and public facilities as described in § 16.21.030(E) and in the TUMF Administrative Plan. Airports that are public use airports and are appropriately permitted by Caltrans or other state agency.
(3) Development projects which are the subject of a public facilities development agreement entered into pursuant to California Government Code Section 65864 et seq. prior to the effective date of this chapter 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 the effective date of this chapter, the TUMF shall be imposed.
(4) 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.
(5) Guest dwellings and detached second units as described in § 16.21.030(G) and in the Administrative Plan.
(6) Kennels and catteries established in connection with an existing single-family residential unit.
(7) Any sanctuary, or other activity under the same roof of a church or other house of worship that is not revenue generating and is eligible for a property tax exemption (excluding concert venues, coffee/snack shops, book stores, for-profit pre-school day-cares, etc., which would be assessed TUMF).
(8) Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school or high school level for students between the ages of five and 18 years.
(9) New single-family homes, constructed by non-profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified disabled veterans.
(10) Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.
(G) 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 city 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 local jurisdictions 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 local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan.
(Ord. 3264 § 1, 2017; Ord. 3020 § 4, 2009; Ord. 2815 § 1, 2006; Ord. 2747 §§ 1, 2, 2005; Ord. 2629 § 1, 2003.)