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HomeMy WebLinkAboutRes 04-48 Transportation Uniform Mitigation Fee (TUMF)REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Adopt Resolution No. 04- 48 accepting new TUMF (Transportation Uniform Mitigation Fee) rates as approved by CVAG's Executive Committee SUBMITTED BY: Mark Greenwood, City Engineer DATE: June 10, 2004 CONTENTS: Resolution No. 04-48 Recommendation: Adopt Resolution No. 04-48 accepting the new TUMF rates as approved by CVAG's Executive Committee on March 29, 2004. Discussion: On July 1, 1989, the City of Palm Desert adopted by Ordinance 573 the TUMF program which provides for the collection of revenues to construct improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley. TUMF fees are based on trip generation rates which are published by the Institute of Transportation Engineers (ITE). The Executive Committee of CVAG annually reviews the new ITE trip generation rates and, if necessary, amends the amount of the recommended mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. Under Ordinance 573, the City Council shall annually review and, if necessary, amend, by resolution, the fee amounts recommended by CVAG's Executive Committee. On March 29, 2004, CVAG's Executive Committee approved the adoption of ITE 7th Edition which altered TUMF fees for some building categories. Resolution No. 04-48 details the changes that will be effective July 1, 2004. Staff recommends that the City Council adopt Resolution 04-48 for the implementation of new TUMF rates to be effective July 1, 2004. Mark Greenwood, P.E. City Engineer Departmen ead: Michael Errante, P.E. Director of Public Works G:\PubWorks\Staff Reports120041June 1012004 tumf resolution.wpd RESOLUTION NO. 04- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TRANSPORTATION UNIFORM MITIGATION FEES PURSUANT TO ORDINANCE NO. 573, AND AMENDING ITS RESOLUTION NO. 89-51 TO REFLECT SAME. WHEREAS, the City Council of the City of Palm Desert, California, adopted Resolution No. 89-51, setting the Transportation Uniform Mitigation Fee amounts; and WHEREAS, Coachella Valley Association of Governments (CVAG) Executive Committee has recommended a change in some fees based on the most recent trip generation rates; and WHEREAS, Section 2 of Ordinance No. 573 requires that the amount of the mitigation fee shall be based on the trip generation rate defined in that ordinance and shall be established by the City and further requires the City to adopt by resolution the fees as recommended by CVAG; and WHEREAS, the City Council, in determining the amount of the mitigation fee, desires to insure that the fee is a fair and equitable method to distribute the costs of the improvements necessary to accommodate traffic volumes generated by future growth. NOW, THEREFORE, BE IT RESOLVED, based on the above findings, that the City Council of the City of Palm Desert, California, hereby: 1. Continues with collection of Transportation Uniform Mitigation Fees in accordance with the fee schedule approved by CVAG on March 29, 2004, to be effective July 1, 2004, and as is incorporated herein by reference in its entirety. 2. Ratifies all fee amendments from October 31, 1989, through July 1, 1998. 3. Amends Resolution No. 89-51 to incorporate the following changes in TUMF fees: Fees Increased TUMF 1120 1130 1232 1232 1244 1200 1267 Land Use Multi -Family Mobile Home Park Indoor Rec. Facility Recreation Courts Hospitals Retail/Services Private Schools From $550.29 $399.23 $2,366.76 $2,362.14 $1,107.48 To (Per Land Use Unit) $557.76 $414.17 $2,484.24 $2,554.20 $1,159.62 All sq. footage amounts increased $93.06 $99.00 RESOLUTION NO. 04-48 Fees Decreased TUMF 1252 1223 1261 1282 1290 Land Use Nursing Home New/Used Car Sales Day Care High Turnover Restaurant $3,388.84 Financial Institutions $13,916.10 From To (Per Land Use Unit) $172.26 $156.42 $975.00 $866.84 $298.32 $295.68 $3,305.90 $13,298.34 PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 2 • COACHELLA VALLEY ASSOCIATION of GOVERNMENTS April 30, 2004 TO: All Planning/Building Department Staff FROM: Carol Clapper, Associate Regional Planner, CVAG RE: TUMF - New Handbooks Enclosed are new TUMF Handbooks for implementation beginning July 1, 2004. The Daily Trip Generation Rates in the new TUMF Handbook reflect those in the 7' Edition of the Institute of Transportation Engineers Trip Generation Manual and adopted by CVAG's Executive Committee on March 29, 2004. As always, please give me a call at 346-1127 x 118 if you have any questions. a►' COACHELLA VALLEY ASSOCIATIONofGOVERNMENTS April 15, 2004 TO: All Planning/Building Department Staff FROM: Carol Clapper, Associate Regional Planner, CVAG APR 2 0 2C04 PUBLIC WORKS' DEPARTMENT CITY OF PALM DESERT RE: TUMF Adoption of Institute of Transportation Engineers (ITE) 7th Edition Daily Trip Generation Rates (DTGR). At their March 29, 2004 meeting, CVAG's Executive Committee approved the adoption of ITE 7th Edition DTGR effective July 1, 2004. Enclosed is a copy of pages three (3) through six (6) in tlie'TUMF Handbook illustrating the changes occurring in TUMF. In the right-hand margin, numbers in green indicate an increase in TUMF from the 6th Edition; numbers in red indicate a decrease. The changes are listed below: Increase Decrease TUMF Category TUMF Category 1120 Multi -Family 1130 Mobile Home Park 1232 Indoor Recreational Facility 1232 Recreation Courts 1244 Hospitals 1200 Retail/Services 1267 Private Schools 1252 Nursing Home 1223 New/Used Car Sales 1261 Day -Care -Center 1282 High Turnover Restaurant 1290 Financial Institutions You will be receiving new TUMF Handbooks soon, however, if you have any questions in the meantime please give me a call at 346-1127 x 118. h:\adminlcaro Nte_Tnotiry_memo.wpd COACHELLA VALLEY ASSOCIATION of GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) I - TERMINAL 1411 Commercial Airport 104.73 K 66.00 6,912.18 1411 General Aviation Airport 1.97 K 66.00 130.02 II - INDUSTRIAL 1310 Industrial/Automotive 6.97 A 66.00 460.02 Repair (compute both, or use the highest) 51.80 D 66.00 3,418.80 1315 Wind Turbines/Antennas 6.97 N 66.00 460.02 1340 Mini -Warehousing 2.50 A 66.00 165.00 III - RESIDENTIAL 1110 Single Family Detached 9.57 B 83.00 794.31 1120 Multi -Family 6.63 6.72 B 83.00 550.29 557.76 (Also Time Share Units, Condos) 1130 Mobile Home Park 4.81 4.99 B 83.00 399.23 414.17 1252 Congregate Care Facility 2.15 B or G 83.00 178.45 (compute both, use the highest) IV - LODGING 1233 Lodging (Ancillary - 7.27 C 66.00 479.82 50% of individual rate) 3 , ' COACHELLA VALLEY ASSOCIATION of GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) V - RECREATIONAL 1232 Indoor Recreational 35.86 37.64 A 66.00 2,366.76 2,484.24 Facility 1232 Bowling Center 33.00 0 66.00 2,199.78 (compute both, or use the highest) 333.30 D 66.00 21,997.80 1232 Outdoor Recreational Facility 90.38 D 66.00 5,965.08 1232 Race Track/Stadium 38.17 D 66.00 2,519.22 1810 Golf Course 5.04 D 66.00 332.64 1232 Live Theater 0.10 E 66.00 6.60 1232 Movie Theater 1.76 E 66.00 116.16 1232 Recreation Courts 35.79 38.70 M 66.00 2,362.14 2,554.20 VI - MEDICAL 1244 Hospitals 16.78 17.57 A 66.00 1,107.48 1,159.62 1252 Nursing Home -- 2.61 2.37 G 66.00 172.26 156.42 (see Conditional Waiver of TUMF) VII - OFFICE 1210 Office Building 35.05 A 66.00 2,313.30 4 ' COACHELLA VALLEY ASSOCIATION of GOVERNMENTS TRANSPORTATION UNIFORM _MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) VIII - RETAIUSERVICE • 1200 Retail/Services (in 1,000 Sq. Ft.) .01 Sq. Ft. 0 to 75 76.79 76.81 A 26.00 1,996.54 1,997.06 .02 Sq. Ft. 75.001 to 76 76.41 76.43 A 26.00 1,986.66 1,987.18 .03 Sq. Ft. 76.001 to 78 75.66 75.68 A 26.00 1,967.16 1,967.68 .04 Sq. Ft. 78.001 to 80 74.95 74.97 A 26.00 1,948.70 1,949.22 .05 Sq. Ft. 80.001 to 82 74.26 74.28 A 26.00 1,930.76 1,931.28 .06 Sq. Ft. 82.001 to 84 73.59 73.61 A 26.00 1,913.34 1,913.86 .07 Sq. Ft. 84.001 to 86 72.94 72,96 A 26.00 1,896.44 1,896,96 .08 Sq. Ft. 86.001 to 88 72.31 72.33 A 26.00 1,880.06 1,880.58 .09 Sq. Ft. 88.001 to 90 71.71 71.73 A 26.00 1,864.46 1,864.98 .10 Sq. Ft. 90.001 to 92 71.12 71.14 A 26.00 1,849.12 1,849.64 .11 Sq. Ft. 92.001 to 94 70.54 70.56 A 26.00 1,834.04 1,834.56 .12 Sq. Ft. 94.001 to 96 69.98 70.00 A 26.00 1,819.48 1,820.00 .13 Sq. Ft. 96.001 to 98 69.44 69.46 A 26.00 1,805.44 1,805.96 .14 Sq. Ft. 98.001 to 100 68.91 68.93 A 26.00 1,791.66 1,792.18 .15 Sq. Ft. 100.001 to 120 64.32 64.34 A 26.00 1,672.32 1,672.84 .16 Sq. Ft. 120.001 to 130 62.40 62.42 A 26.00 1,622.40 1,622.92 .17 Sq. Ft. 130.001 to 140 60.66 60.68 A 26.00 1,577.16 1,577.68 .18 Sq. Ft. 140.001 to 150 59.08 59.10 A 26.00 1,536.08 1,536.60 .19 Sq. Ft. 150.001 to 160 57.64 57.66 A 26.00 1,498.64 1,499.16 .20 Sq. Ft. 160.001 to 170 56.32 56.34 A 26.00 1,464.32 1,464.84 .21 Sq. Ft. 170.001 to 180 55.10 55.12 A 26.00 1,432.60 1,433.12 .22 Sq. Ft. 180.001 to 190 53.96 53.98 A 26.00 1,402.96 1,403.48 .23 Sq. Ft. 190.001 to 200 52.91 52.93 A 26.00 1,375.66 1,376.18 .24 Sq. Ft. 200.001 to 210 52.02 52.04 A 26.00 1,352.52 1,353.04 .25 Sq. Ft. 210.001 to 220 50.64 50.66 A 26.00 1,316.64 1,317.16 .26 Sq. Ft. 220.001 to 240 48.22 48.24 A 26.00 1,253.72 1,254.24 .27 Sq. Ft. 240.001 to 260 46.18 46.20 A 26.00 1,200.68 1,201.20 .28 Sq. Ft. 260.001 to 280 44.43 44.45 A 26.00 1,155.18 1,155.70 .29 Sq. Ft. 280.001 to 300 42.92 42.94 A 26.00 1,115.92 1,116.44 .30 Sq. Ft. over 300 42.92 42.94 A 26.00 1,115.92 1,116.44 5 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) IX - MISCELLANEOUS RETAIL SERVICES 1225 Outdoor Materials/ 96.21 D 26.00 2,501.46 Garden Center 1223 New/Used Car Sales 37.50 33.34 A 26.00 975.00 866.84 (compute both, use or the highest) 236.74 210.50 D 26.00 6,155.24 5,473.00 1223 Rental Car Center 5.73 P 26.00 148.98 1222 Service Stations 168.56 H 26.00 4,382.56 1223 Convenience Market 845.60 A 26.00 21,985.60 1226 Coin -Operated Car Wash 16.60 I 66.00 1,095.60 1226 Full Service Car Wash 273.00 D 66.00 18,018.00 1261 Day -Care Center "* 4.52 4.48 F 66.00 298.32 295.68 (see Conditional Waiver of TUMF) 1267 Private Schools " 1.41 1.50 F 66.00 93.06 99.00 (see Conditional Waiver of TUMF) X - STAND ALONE RESTAURANT (On own site with own parking lot) 1281 Low Tumover 89.95 A 26.00 2,338.70 Restaurant/Night Club 1282 High Tumover Restaurant 130.34 127.15 A 26.00 3,388.84 3,305.90 1283 Fast Food Restaurant 606.06 A 26.00 15,757.56 XI - FINANCIAL 1290 Financial lnstitutions 210.85 201.49 A 66.00 13,916.10 13,298.34 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HANDBOOK CVAG Adopted 07/01/89 Amended 10/31/89 Amended 06/25/90 Amended 03/25/91 Amended 04/27/92 Amended 11/08/93 Amended 05/31/94 Amended 06/13/97 Amended 02/23/98 Amended 07/01/98 Amended 07/01/04 PREFACE This Transportation Uniform Mitigation Fee (TUMF) Handbook is used to implement the TUMF Ordinance, which became effective July 1, 1989. The TUMF program is a component of Measure "A", a sales tax measure approved by the voters of Riverside County in November, 1988. The following provisions from the TUMF Ordinance are provided as background information: The provisions of this Ordinance shall apply only to new development yet to receive final discretionary approval and or issuances of a building permit or other development right and to any reconstruction or new use of existing buildings that results in a change of use and generates additional vehicular trips. The provisions of this Ordinance took effect on July 1, 1989. No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the applicable jurisdiction. No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. Mitigation fees shall be imposed and collected by the applicable jurisdiction and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. An applicant who disputes the fee may file a written notice of appeal with the Executive Committee of CVAG within 15 days of imposition of the fee. The Executive Committee of CVAG must decide the appeal by majority vote and within 60 days of the filing of the appeal. hAadm;nAcaronrre_n7m DTGR.wpd 2 TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) I - TERMINAL 1411 Commercial Airport 104.73 K 66.00 6,912.18 1411 General Aviation Airport 1.97 K 66.00 130.02 II - INDUSTRIAL 1310 Industrial/Automotive 6.97 A 66.00 460.02 Repair (compute both, or use the highest) 51.80 D 66.00 3,418.80 1315 Wind Turbines/Antennas 6.97 N 66.00 460.02 1340 Mini -Warehousing 2.50 A 66.00 165.00 III - RESIDENTIAL 1110 Single Family Detached 9.57 B 83.00 794.31 1120 Multi -Family 6.72 B 83.00 557.76 (Also Time Share Units, Condos) 1130 Mobile Home Park 4.99 B 83.00 414.17 1252 Congregate Care Facility 2.15 B or G 83.00 178.45 (compute both, use the highest) IV - LODGING 1233 Lodging (Ancillary - 7.27 C 66.00 479.82 50% of individual rate) 3 TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) V - RECREATIONAL 1232 Indoor Recreational 37.64 A 66.00 2,484.24 Facility 1232 Bowling Center 33.00 0 66.00 2,199.78 (compute both, or use the highest) 333.30 D 66.00 21,997.80 1232 Outdoor Recreational Facility 90.38 D 66.00 5,965.08 1232 Race Track/Stadium 38.17 D 66.00 2,519.22 1810 Golf Course 5.04 D 66.00 332.64 1232 Live Theater 0.10 E 66.00 6.60 1232 Movie Theater 1.76 E 66.00 116.16 1232 Recreation Courts 38.70 M 66.00 2,554.20 VI - MEDICAL 1244 Hospitals 17.57 A 66.00 1,159.62 1252 Nursing Home''" 2.37 (see Conditional Waiver of TUMF) 66.00 156.42 VII - OFFICE 1210 Office Building 35.05 A 66.00 2,313.30 4 TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) VIII - RETAIUSERVICE 1200 Retail/Services (in 1,000 Sq. Ft.) .01 Sq. Ft. 0 to 75 76.81 A 26.00 1,997.06 .02 Sq. Ft. 75.001 to 76 76.43 A 26.00 1,987.18 .03 Sq. Ft. 76.001 to 78 75.68 A 26.00 1,967.68 .04 Sq. Ft. 78.001 to 80 74.97 A 26.00 1,949.22 .05 Sq. Ft. 80.001 to 82 74.28 A 26.00 1,931.28 .06 Sq. Ft. 82.001 to 84 73.61 A 26.00 1,913.86 .07 Sq. Ft. 84.001 to 86 72.96 A 26.00 1,896.96 .08 Sq. Ft. 86.001 to 88 72.33 A 26.00 1,880.58 .09 Sq. Ft. 88.001 to 90 71.73 A 26.00 1,864.98 .10 Sq. Ft. 90.001 to 92 71.14 A 26.00 1,849.64 .11 Sq. Ft. 92.001 to 94 70.56 A 26.00 1,834.56 .12 Sq. Ft. 94.001 to 96 70.00 A 26.00 1,820.00 .13 Sq. Ft. 96.001 to 98 69.46 A 26.00 1,805.96 .14 Sq. Ft. 98.001 to 100 68.93 A 26.00 1,792.18 .15 Sq. Ft. 100.001 to 120 64.34 A 26.00 1,672.84 .16 Sq. Ft. 120.001 to 130 62.42 A 26.00 1,622.92 .17 Sq. Ft. 130.001 to 140 60.68 A 26.00 1,577.68 .18 Sq. Ft. 140.001 to 150 59.10 A 26.00 1,536.60 .19 Sq. Ft. 150.001 to 160 57.66 A 26.00 1,499.16 .20 Sq. Ft. 160.001 to 170 56.34 A 26.00 1,464.84 .21 Sq. Ft. 170.001 to 180 55.12 A 26.00 1,433.12 .22 Sq. Ft. 180.001 to 190 53.98 A 26.00 1,403.48 .23 Sq. Ft. 190.001 to 200 52.93 A 26.00 1,376.18 .24 Sq. Ft. 200.001 to 210 52.04 A 26.00 1,353.04 .25 Sq. Ft. 210.001 to 220 50.66 A 26.00 1,317.16 .26 Sq. Ft. 220.001 to 240 48.24 A 26.00 1,254.24 .27 Sq. Ft. 240.001 to 260 46.20 A 26.00 1,201.20 .28 Sq. Ft. 260.001 to 280 44.45 A 26.00 1,155.70 .29 Sq. Ft. 280.001 to 300 42.94 A 26.00 1,116.44 .30 Sq. Ft. over 300 42.94 A 26.00 1,116.44 5 TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Daily Trip Unit Fee Per TUMF Fee Code TUMF Land Use Generation Code Average Per Land - Rate Daily Trip Use Unit ($) ($) IX - MISCELLANEOUS RETAIL SERVICES 1225 Outdoor Materials/ 96.21 D 26.00 2,501.46 Garden Center 1223 New/Used Car Sales 33.34 A 26.00 866.84 (compute both, use or the highest) 210.50 D 26.00 5,473.00 1223 Rental Car Center 5.73 P 26.00 148.98 1222 Service Stations 168.56 H 26.00 4,382.56 1223 Convenience Market 845.60 A 26.00 21,985.60 1226 Coin -Operated Car Wash 16.60 I 66.00 1,095.60 1226 Full Service Car Wash 273.00 D 66.00 18,018.00 1261 Day -Care Center** 4.48 F 66.00 295.68 (see Conditional Waiver of TUMF) 1267 Private Schools** 1.50 F 66.00 99.00 (see Conditional Waiver of TUMF) X - STAND ALONE RESTAURANT (On own site with own parking lot) 1281 Low Turnover 89.95 A 26.00 2,338.70 Restaurant/Night Club 1282 High Turnover Restaurant 127.15 A 26.00 3,305.90 1283 Fast Food Restaurant 606.06 A 26.00 15,757.56 XI - FINANCIAL 1290 Financial Institutions 201.49 A 66.00 13,298.34 6 TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FORMULA FOR FEES Unit Code Explanation: A 1000 Sq. Ft. of Gross Floor Area B Dwelling Unit C Room D Per acre of improved area E Seat F Student G Bed H Dispenser Unit (serving 1 car per side at a time) Wash Stall J Screen K Flights per day L Parking space M Court N Wind Turbine/Antenna O Per Lane P Per Car Conditional Waiver of TUMF: 1. ** Day Care Centers - Day Care Centers, which meet the following criteria, may participate in the TUMF Day Care Center Program: • Implement and demonstrate continued compliance for 5 of 9 incentives listed in Appendix A to encourage altemative transportation and trip reduction; and • Complete an application provided by CVAG Facilities which can demonstrate a Vehicle Occupancy Ratio (VOR) of 1.3 or higher will not be required to implement the incentives, but will be required to provide a commitment for continued compliance. CVAG will be the monitoring agency and reserves the right to impose a more stringent monitoring process if deemed necessary in the future. 2. ** Private Schools - Private schools, which meet the following criteria, may participate in CVAG's Private School TUMF Program: • Comply with the primary and/or secondary education curriculum set forth by the State of California; • Implement and show continued compliance for 8 of 15 incentives to encourage altemative transportation and trip reduction listed in Appendix B; and • Complete an application provided by CVAG. Facilities which can demonstrate a Vehicle Occupancy Ratio (VOR) of 1.3 or higher will not be required to implement the incentives, but will be required to provide a commitment for continued compliance. CVAG will be the monitoring agency and reserves the right to impose a more stringent monitoring process if deemed necessary in the future. 7 Exemptions: 1. Low and Tower -income residential housing, including single-family homes, apartments, and mobile homes built for those whose income is no more than 80% of the median income in the San Bemardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the applicable legislative body 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 they are primarily leased for -profit enterprises. NOTE: This exemption includes those developments constructed for, and to the specifications of, a public agency such as DMV or CHP who have a lease with an option to purchase qualify for TUMF Exemption. The local jurisdiction involved will document the exemption in such a manner that will enable adequate tracking procedures to allow collection of the TUMF should the purchase option not be exercised. 3. Building used for religious purposes but excluding other commercial or residential properties or businesses owned by a religious institution. 4. The reconstruction of any structure or improvement to land, as long as (a) the reconstruction continues the pre-existing use; generates the same or fewer trips as the original use; and (3) applicant gives written notification to the jurisdiction of the intent to reconstruct within one (1) year of the demolition of the structure or improvement. Notes: 1. Trip Generation Rates derived from Institute of Transportation Engineers' 4th Trip Generation Handbook, published in 1987, or subsequent editions as approved by CVAG's Executive Committee. 2. CVAG will provide guidance for calculation of those fees not shown. 3. Any additions and/or improvements to an existing dwelling unit will not be subject to implementation of the TUMF, unless the addition/improvement creates an additional dwelling unit. 4. Additions of less than 1000 square feet to non-residential development will not be subject to imposition of the TUMF. 8 TUMF ORDINANCE DEFINITIONS "Coachella Valley" means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella Unified School District within Riverside County. "Change of Use" means any change in the use of an existing building which results in the increase of vehicular trips. "Trip Generation Rate" means the number of average weekday trips generated by a particular land use. The Trip Generation Rate for each of the following land -use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 4th edition. "Development" means any activity which requires discretionary or ministerial action by the applicable jurisdiction resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, or certificates of occupancy issued by the applicable jurisdiction to construct, or change the use of, a building or property. "The Coachella Valley Association of Governments", hereinafter CVAG, means the legal entity which will manage and administer the Transportation Uniform Mitigation Fee in accordance with the laws of the State of Califomia. TUMF LAND USE DEFINITIONS I - TERMINAL COMMERCIAL AIRPORT: A commercial airport accommodates commercial passenger service and general aviation activities. Included in this land use are all uses and structures directly servicing airplanes that have contracts with the airport. Not included are ancillary uses and structures such as car rentals, hotels, private repair shops, etc. GENERAL AVIATION AIRPORT: A general aviation airport is designed for the use of small private and corporate aircraft, not for commercial passenger service. Included in this land use are all uses and structures directly servicing airplanes that have contracts with the airport. Not included are ancillary uses and structures such as car rentals, hotels, private repair shops, etc. 9 II - INDUSTRIAL INDUSTRIAL: Facilities that are designed for manufacturing, warehousing, utility operations, and work yards. AUTOMOTIVE REPAIR: Facilities designed for the repairing of vehicles. Not included are vehicle -oriented uses that are predominantly sales, such as tire stores and vehicle parts supply. WIND TURBINES/ANTENNAS: Facilities designed to house and generate wind power projects, utilizing wind turbines. This category includes radio, TV, and/or other antenna structures. MINI -WAREHOUSE: A mini -warehouse is a building in which a storage unit or vault is rented for the storage of goods. Each unit is physically separated from other units. ttl - RESIDENTIAL SINGLE-FAMILY DETACHED HOUSING: Is a home on an individual lot, including subdivisions with public streets, or dwelling units within planned unit developments. This also includes mobile homes not in a mobile home park. MULTI -FAMILY HOUSING: Includes all multiple family dwelling units. Typical uses include, but are not limited to, high rise and low rise apartments, high rise and low rise condominiums. MOBILE HOME PARK: A mobile home park is a planned development designed to accommodate mobile homes or recreational vehicles on individual pad sites, either for ownership, lease or rent. NOTE: TUMF SHALL BE CHARGED AT TIME OF PERMIT TO CONSTRUCT THE PAD. CONGREGATE CARE FACILITY: A congregate care facility consists of one or more buildings designed for residential group services. These facilities contain dining rooms, and recreational facilities. 10 IV - LODGING LODGING: Typical uses in this category include, but are not limited to, hotels, all suites hotels, business hotels, motels, and resort hotels. Any ancillary use, such as restaurants, cocktail lounges, retail shops, or sports facilities, shall be assessed at 50% of its individual rate. V - RECREATION INDOOR RECREATIONAL FACILITIES: indoor recreational facilities include, but are not limited to, bowling alleys, ice and roller skating rinks, health dubs, and video arcades. BOWLING CENTER: The primary use is for bowling, ancillary uses may include lounge/barareas, coffee shop, pro -shop (sales of bowling related items and apparel), video arcade rooms, and child care rooms. Each ancillary use is limited to no more than 5% of the total square footage of the building. OUTDOOR RECREATIONAL FACILITIES: Outdoor recreational facilities include, but are not limited to, private parks, water slide parks, amusement parks, and miniature golf courses, (these facilities are generally used on a continuous basis). RACE TRACK/STADiUM: Outdoor facilities for the seating of large numbers of people to view sporting events, concerts, religious services, etc. These facilities are used seasonally or periodically as events are staged. GOLF COURSE: Golf courses include, but are not limited to, regulation length, executive length, and putting golf courses. Not included are miniature golf courses. LIVE THEATER: Live theater is in a building or open air setting and may include a stage, a back stage area, dressing rooms, seats for audience, and a lobby. MOVIE THEATER: A movie theater consists of audience seating, one or more screens and auditoriums, a lobby and refreshment stand. 11 RECREATION COURTS: This category includes all court -related recreational facilities. Examples of this use include, but are not limited to, tennis courts and racquet ball courts. VI - MEDICAL HOSPITAL: An institution where medical or surgical care is given to both non -ambulatory and ambulatory patients. A medical clinic where emergency or walk-in care is given is included in this category. NURSING HOME: A facility whose primary function is to care for persons unable to care for themselves, including, but not limited to, rest homes, chronic care and convalescent homes. VII - OFFICE OFFICE BUILDING: The office building category includes all office -related uses. This category includes, but is not limited to, general office buildings, corporate headquarters, medical office buildings, research centers, office parks, business parks, insurance offices, trade schools and other for profit training centers. VIII - RETAIUSERVICES RETAIUSERVICES: The retail/services category includes ail sales tax producing retail and service -related uses. This category includes, but is not limited to, retail, general merchandise, specialty retail centers, discount stores, hardware/paint stores, supermarkets, wholesale markets, apparel stores, fumiture stores, and automotive parts/supply stores. The use generally referred to as a shopping center is included in this category. For the purpose of this document, the definition of a shopping center is an integrated group of business establishments which is planned, developed, and managed as a unit. For the purpose of the definition, a shopping center shall have at least three business establishments which may be housed in one or more buildings. Further, a shopping center shall have a total building floor area of at least 10,000 square feet, and the largest establishment shall not contain more than 50% of the floor area. Shopping centers are considered retaiVservices for the purpose of calculating TUMF if a business establishment otherthan a restaurant is specifically listed in the TUMF formula and it's within a shopping center as defined herein, the TUMF will be calculated as retail/services. 12 For restaurants, a shopping center may include up to 25% restaurant use without additional TUMF assessment. Any restaurant use beyond the 25% will be assessed under the restaurant category. Phased development of retail/services: if the retail/services project is to be developed in phases, TUMF shall be calculated as follows: First, find the total square footage of the entire project as it was approved by council, commission, use permit, etc. Next, compute the TUMF based upon that total area at the applicable generation rate. This is the maximum fee to be collected for the entire project. For the first phase, compute its square footage. Compute the TUMF, based upon the area of that phase, and collect that amount. Credit that amount against the maximum fee payable for the entire project. For the next phase, compute its square footage. Add that footage to the footage already issued in the first phase. Compute the TUMF per 1000 square feet based upon that total area. Apply that rate to the area of the second phase to compute the fee due from the second phase. Credit that amount against the maximum fee payable for the entire project. Continue this process for each phase, reducing the maximum fee by the amount collected from each phase, until the maximum fee is collected in full. Phases coming in after the maximum fee has been collected will not be charged a TUMF. If the overall size of the project is increased before it is completely built out, then the maximum fee computed in the first step would be increased accordingly. If the overall size of the project is reduced, and the revised (reduced) project is approved by council, commission, use permit, etc., then the maximum fee computed in the first step would be decreased. In the event the TUMF, already paid by earlier phases built under the original project approval exceeds the revised figure, then CVAG will refund the difference, without interest. IX - MISCELLANEOUS RETAIL SERVICES OUTDOOR MATERIALS AND GARDEN CENTER: This category includes all uses that store a majority of their supplies outdoors. This category includes, but is not limited to, building materials, lumber stores, garden centers, and nursery supply stores. NEW/USED CAR SALES: This category includes all new or used car sales facilities, and car leasing activities. SERVICE STATION: A service station is a facility where the main purpose is to provide fuel for motor vehicles. Service stations shall be limited to 500 square feet of retail office space. Any retail area over this 500 square feet shall be calculated as a convenience market. Service bays with lift are exempt from additional fees. 13 Note: the unit code is based on dispensing devices. The definition for dispensing devices is the unit that contains the nozzles, and can serve a maximum of one vehicle at a time. (Example: a unit which can serve one vehicle at a time on each side is defined as having two dispensing devices.) CONVENIENCE MARKET: This category includes all convenience stores. Note: convenience markets may include up to four fuel dispensers. Any additional dispensers will be assessed under the service station category. COIN -OPERATED CAR WASH: A self -serve car wash, where the driver either washes his own car by use of sprayer, or drives the vehicle through an automatic spray bath. FULL SERVICE CAR WASH: A full service carwash provides a multitude of services such as attendant operated carwash, and may include other uses, such as a detail center. DAY-CARE CENTER: Day-care center is a facility that cares for preschool age children during the daytime hours or school -age children after normal school hours. PRIVATE SCHOOL: A private school will be defined as a school for profit or non-profit, which complies with the primary and/or secondary education curriculum set forth by the state of Califomia. X - STAND ALONE RESTAURANT LOW TURNOVER RESTAURANT/NIGHTCLUB: This category includes restaurants and nightclubs that do not serve breakfast. HIGH TURNOVER RESTAURANT: This category of restaurants comprises sit-down eating places where orders are taken at the table. FAST FOOD RESTAURANT: This category includes restaurants where food is ordered at a counter or drive-thru window. 14 XI - FINANCIAL INSTITUTIONS FINANCIAL INSTITUTIONS: This category includes banks and savings and loans, with or without a drive thru window. The facility is usually a free standing building with its own parking lot. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 15 APPENDIX A POSSIBLE INCENTIVES TO ENCOURAGE TRIP REDUCTION AND USE OF ALTERNATIVE TRANSPORTATION 1. Day Care Center is located within walking distance (up to 1/4 mile) from a rail or bus station, bus transfer point, bus stop, park -ride facility, or other similar facilities. 2. Day Care Center is located within or near (1/4 of a mile) an industrial, institutional, office building or other intensive worksite location. 3. Day Care Center is located within or near (1/4 of a mile) another elementary or secondary school. 4. Day Care Center must be located within or adjacent (1/4 of a mile) to a residential neighborhood development. 5. Rideshare parking spaces are provided forfacility employees, parents, patrons, and others who rideshare. 6. Day Care Center provides a "guaranteed after hours" program. The facility is required to remain open after hours to accommodate unforeseen delays of rideshare patrons. 7. Day Care Center is a member of and provides services to a Transportation Management Association/Organization (TMA/O). 8. Day Care Center encourages altemative modes of transportation by providing pamphlets, books, and other reference materials/data on rideshare, transit, carpooling, etc. 9. Day Care Center charges reduced monthly rates forfamilies that use transportation modes other than drive alone, at least three days a week. 16 APPENDIX "A" CVAG'S DAY CARE PROCESS (START SUBMIT APPLICATION TO CVAG TUMF NOT ASSESSED *Provided the facility can demonstrate a Vehicle Occupancy Rate (VOR) of 1.3 or higher. 17 APPENDIX B POSSIBLE INCENTIVES TO ENCOURAGE TRIP REDUCTION AND USE OF ALTERNATIVE TRANSPORTATION 1. Private School is located within walking distance (up to 1/4 mile) from a rail or bus station, bus transfer point, bus stop, park -ride facility, or other similar facilities. 2. Private School is located near (1/4th of a mile) an industrial, institutional, office building or other worksite location. 3. Private School is located near (1/4th of a mile) an elementary or secondary school. 4. Private School has reserved parking spaces for parents, employees, patrons and others who rideshare. 5. Private School has a "guaranteed ride home" program for students and/or employees in the event of an emergency. 6. Private School is a member of, and provides services to, a Transportation Management Association/Organization (TMA/O). TMA/Os are formed by involving a number of businesses within a geographic area. These member businesses would collectively implement trip implementation strategies. 7. Private School encourages altemative modes of transportation by providing pamphlets, books, and other reference materials/data on rideshare, transit, carpooling, etc. 8. Private School has a reduced tuition rate for families that use transportation modes other than drive alone at least three days a week. 9. Private School has a "pedestrian program" focusing on improved conditions for pedestrians, improved/additional sidewalks, easy pedestrian access from street and improved lighting. 10. Private School has a "bicycle program" which encourages the use of bicycles. A good bicycle program will include: bicycle parking facilities, bike path and/or route improvements, easy access for bicyclists and other promotional efforts. 11. Private School has provisions to subsidize the cost of bus passes for employees and students to promote use of public transit. 12. As an incentive to rideshare, Private School provides subsidized parking fees/preferred parking spaces for people who rideshare. 13. Private School sets aside parking spaces for people to drop off students, park and meet other commuters in their carpool/vanpool. 14. Private School participates in Commuter Transportation Services (CTS) rideshare program. CTS provides various rideshare/vanpool/carpool matching services. 15. Private School provides school bus service to a number of pick-up and drop off points for students, routes for employees, use of busses for weekend outings. 18 ' START APPENDIX "B" CVAG'S PRIVATE SCHOOL PROCESS MEET CONDITIONS PRIMARY/ SECONDARY Y SUBMIT APPLICATION TO CVAG TUMF NOT ASSESSED END1 PAY TUMF END PAY TUMF *Provided the facility can demonstrate a Vehicle Occupancy Rate (VOR) of 1.3 or higher. 19