ORDINANCE NO. 3427
AN ORDINANCE OF THE CITY OF CORONA,
CALIFORNIA AMENDING CHAPTER 16.21 TO UPDATE
THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) PROGRAM.
WHEREAS, the City of Corona is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County.
WHEREAS, the member agencies of WRCOG, recognizing that there is insufficient funding to address the impacts of new development on the regional system of highways and arterials in Wester Riverside County (“Regional System”), developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System could be made up, in part, by the imposition of a development impact fee on future residential, commercial, and industrial development. A map depicting the boundaries of Western Riverside County and the Regional System is attached as Exhibit “A” and incorporated herein by reference; and WHEREAS, on November 5, 2002, the voters in Riverside County approved Measure “A” which extended the half-cent sales tax for thirty years to provide funding for various transportation improvements throughout Riverside County, including the acquisition, construction, operation, and maintenance of streets, roads, and highways; and WHEREAS, Section 5 of the Expenditure Plan for Measure “A” requires that the City participate in the WRCOG Transportation Uniform Mitigation Fee (“TUMF”) program in order to receive its fair share of the transportation funds generated by Measure “A”; and WHEREAS, the TUMF program requires each member entity of WRCOG, including the City, to adopt an ordinance imposing a development impact fee on new construction within that entity’s jurisdiction for purposes of funding the TUMF program; and WHEREAS, on March 5, 2003, the City Council adopted Ordinance No. 2629 adding Chapter 16.21 to the Corona Municipal Code to authorize the City’s participation in the WRCOG TUMF program and authorizing imposition of a development impact fee to fund the TUMF program, the amount of which is to be established by resolution; and WHEREAS, on April 19, 2006, the City Council adopted Ordinance No. 2815 amending Chapter 16.21 of the Corona Municipal Code for the purpose of updating the previously adopted TUMF fees; and
WHEREAS, on December 2, 2009, the City Council adopted Ordinance No. 3020 amending Chapter 16.21 of the Corona Municipal Code for the purpose of updating the previously adopted TUMF fees; and
2 WHEREAS, on September 6, 2017, the City Council adopted Ordinance No. 3264 amending Chapter 16.21 of the Corona Municipal Code for the purpose of updating the TUMF regulations and the previously adopted TUMF fees; and
WHEREAS, on December 19, 2018, the City Council adopted Ordinance No. 3290 amending Chapter 16.21 of the Corona Municipal Code to permit WRCOG to calculate and collect TUMF fees on behalf of the City under the TUMF program; and WHEREAS, on December 18, 2024, the City Council adopted Ordinance No. 3406 amending Chapter 16.21 of the Corona Municipal Code to update the TUMF program regulations and to update the previously adopted TUMF fees in accordance with the nexus study, entitled “Transportation Uniform Mitigation Fee Nexus Study: 2024 Update”; and WHEREAS, the TUMF Administrative Plan calls for a Construction Cost Index (“CCI”) adjustment to be brought forth to the WRCOG Executive Committee on an annual basis; and
WHEREAS, on December 1, 2025, the WRCOG Executive Committee approved the implementation of an automatic CCI adjustment for all TUMF land uses tied to the September indices of the National Association of Realtors and Engineering News Record with a cap at 5% of any annual adjustments; and
WHEREAS, an automatic CCI adjustment ensures that fee levels keep pace with increases in cost of constructing transportation projects and avoids large increases at comprehensive TUMF Nexus Study updates; and
WHEREAS, this approach also allows for consistency and predictability for the TUMF Program, while ensuring that the fair share principles under AB 1600 are satisfied; and WHEREAS, the City Council desires to amend Chapter 16.21 to update program regulations and to provide for automatic inflationary adjustments to the TUMF fees to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and
WHEREAS, this Ordinance is intended to satisfy the City’s ongoing obligations for participation in the TUMF program and for receipt of funds under Measure “A.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16.21.Chapter 16.21 (Transportation Uniform Mitigation Fee Program) is hereby amended in its entirety to read as follows:
3 “CHAPTER 16.21
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
Sections
16.21.010 Title.
16.21.020 Findings.
16.21.030 Definitions.
16.21.040 Establishment of Transportation Uniform Mitigation Fee (TUMF).
16.21.050 Reimbursements.
16.21.060 Procedures for Levy, Collection and Disposition of Fees.
16.21.070 Appointment of TUMF Administrator.
16.21.010 Title.
This chapter shall be known as the “Western Riverside County Transportation Uniform Mitigation Fee Program Chapter.”
16.21.020 Findings.
A. The City is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) on future residential, commercial and industrial development. A map depicting the boundaries of Western Riverside County and the Regional System is attached as Exhibit “A” to the Ordinance enacting this chapter and is incorporated herein. As a Member Agency of WRCOG and as a TUMF Participating
Jurisdiction, the City participated in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus Study,” dated October 18, 2002 (the “2002 Nexus Study”) prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) and adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City’s participation in a TUMF Program. 4 B. WRCOG, with the assistance of TUMF Participating
Jurisdictions, has prepared an updated nexus study entitled “Transportation Uniform Mitigation Fee Nexus Study:
2024Update” (“2024 Nexus Study”) pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. On September 9, 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating
Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.
C. Consistent with its previous findings made in the adoption of the Ordinances enacting this chapter, the City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential.
D. The City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development in which the TUMF will be levied.
E. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system. Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF.
F. The City Council finds and determines that the cost
estimates set forth in the new 2024 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and 5 the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development.
G. The fees collected pursuant to this Ordinance shall be used to help pay for the design, planning, construction of and real acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements.
H. By notice duly given and published, the City Council set the time and place for a public hearing on the 2024 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this hearing, the City Council made the 2024 Nexus Study available to the public.
I. At the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing.
J. The City Council finds that the 2024 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system.
K. The City Council hereby adopts the 2024 Nexus Study and its findings. The 2024 Nexus Study is attached and incorporated herein as Exhibit “B.”
L. The City Council hereby adopts this Ordinance to amend and supersede the provisions of Ordinance No. 3264.
16.21.030 Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings:
A. “Class ‘A’ Office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office 6 coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class ‘A” Office shall be as follows: (i) minimum of three stories (exception will be made for March JPA, where height requirements exist); (ii) minimum of 10,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building.
B. “Class ‘B’ Office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class ‘B” Office shall be as follows: (i) minimum of two stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
C. “Development Project” or “Project” means any project undertaken for the purposes of development, including the issuance of a permit for construction.
D. “Disabled Veteran” means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theatre of combat operations and has or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program.
E. “Government/public buildings, public schools, and
public facilities” means any owned and operated facilities by a government entity in accordance with Section 16.21.040(G)(2). A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall apply only if all of the following conditions are met:
7 (1) The new development being constructed is subject to a longterm lease with a government agency. (2) The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time the change is made.
(3) No less than ninety percent of the total square footage of the building is leased to the government agency during the term of deed restriction the long term and any extensions thereof.
(4) The new development is constructed at prevailing wage rates.
(5) A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
(6) Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a long-term government use, and not to evade payment of TUMF.
F. “Gross Acreage” means the total property area as shown on a land division of a map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines.
G. “Guest Dwellings” and “Detached Second Units”
according to the State of California legal definition as following: 1) complies with the State of California Department of Housing and Community Development Accessory Dwelling Unit Handbook ; and 2) are ministerially approved by the city’s local codes.
H. “Habitable Structure” means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.
I. “Industrial Project” means any development project that proposes any industrial or manufacturing use allowed in the following zoning classifications, as identified in Title 17 or an applicable specific plan: BL1, BL1-O, BL2, BL3, GB, GB1, I, ICDD, IP, LCI, LI, M1, M2, M2/0, M3, M3/MR, M4, MI, MSI, MU-II, or SCI.
J. “Long-Term Lease” as used in the TUMF Program, a
“long-term lease” shall mean a lease with a term of no less than twenty years.
8 K. “Low Income Residential Housing” means “Residential Affordable Units”: (A) for rental housing, the units shall be made available, rented and restricted to “lower income households” (as defined in Health and Safety Code Section 50079.5) at an “affordable rent” (as defined in Health and Safety Code Section 50053). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least fifty-five (55) years after the issuance of a certificate of occupancy for new residential development. and (B) for for-sale housing, the units shall be sold to “persons or families of low or moderate income” (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser’s monthly housing cost to exceed “affordable housing cost (as defined in Health and Safety Code Section 50052.5) Affordable units that are for-sale housing units shall be restricted to ownership by persons and families of low or moderate income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development.
L. “Mixed-Use Development” as used in the TUMF Program, means Developments with the following criteria: (1) three or more significant revenue-producing uses, and (2) significant physical and functional integration of project components.
M. “Multi-Family Residential Unit” means a residential
dwelling unit that is physically attached to one or more other dwelling units by a shared wall, floor, ceiling, roof, or structural foundation, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). Multi-family residential units include, but are not limited to, duplexes, townhomes, apartments, and condominiums with attached units. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined in §17.85.020, are exempt from TUMF and shall not be counted in determining residential land use classification.
N. “Non-profit Organization” means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial port of its activities and it may not participate in any campaign activity for or against political candidates. For the 9 purposes of the TUMF Program, the non-profit may be a 501(c) (3) charitable organization as defined by the Internal Revenue Service.
O. “Non-Residential Unit” means retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels.
P. “Recognized Financing District” means a Financing
District as defined in the TUMF Administrative Plan as may be amended from time to time.
Q. “Residential Dwelling Unit” means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. “Residential Dwelling Unit” shall not include hotels or motels.
R. “Retail Commercial Project” means any development
project that proposes any retail commercial activity use not defined as a service commercial project allowed in the following zoning classifications, as identified in Title 17 or an applicable specific plan: ACDD, BLK1, BLK2, BLK3, BLK4, BLK5, BLK6, BP, C,
C2, C3, CG, CO/BP, CP, CR, CS, D, EC, GC, LCI, MU, MU-1, NC, NCD, OP, QP, SC, SCF, SCI, SRSC, TC, or TR, which can include any eating/dining facility residing on the retail commercial development premises.
S. “Service Commercial Project” means any development
project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal, and medical offices, eating/dining facilities, and other uses related to personal or professional services.
T. “Single Family Residential Unit” means a residential dwelling unit that is physically detached from any other dwelling unit, sharing no common wall, floor, ceiling, roof, or structural foundation with another dwelling unit, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined in §17.85.020, are exempt from TUMF and shall not be counted in determining residential land use classification.
10 U. “TUMF Administrative Plan” means that the TUMF
Administration Plan adopted by the WRCOG Execution Committee May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.
V. “TUMF Participating Jurisdiction” means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF Program and complies with all regulations established in the TUMF
Administrative Plan, as adopted and amended from time to time by the WRCOG.
16.21.040 Establishment of the Transportation Uniform
Mitigation Fee.
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:
• Underlying zoning of the site
• Land-use classifications in the latest Nexus Study
• Project specific traffic studies
• Latest Standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual
• Previous TUMF calculations for similar uses
• WRCOG staff shall approve final draft
credit / reimbursement agreement prior to execution
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 11 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 (4) years after the effective date of this chapter.
(1) Beginning July 1, 2026, and annually thereafter, the fee shall be automatically adjusted to reflect changes in construction costs.
The annual adjustment shall be calculated by WRCOG based on a blended Construction Cost Index derived from: (1) the National Association of Realtors – Median Sales Price of Existing SingleFamily Homes, and (2) the Engineering News-Record (ENR) Construction Cost Index, using the September values of each index from the prior calendar year.
The percentage adjustment applied to the TUMF shall equal the annual percentage change calculated using the referenced indices set forth above; provided, however, that in no event shall the annual adjustment exceed five percent (5%), whether positive or negative.
The calculated adjustment shall be implemented on July 1 of the year following index calculation.
If either of the referenced indices is discontinued or materially altered, WRCOG shall apply a comparable, industry-recognized index that most closely reflects regional transportation construction costs.
D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted in Exhibit “A” to the ordinance enacting this chapter and identified in the 2024 Nexus Study attached as Exhibit “B” to the ordinance enacting this chapter.
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:
12 (1) Low income residential housing as described in Section
16.21.030(K) and in the TUMF Administrative Plan.
(2) Government/public buildings, public schools, and public facilities as described in Section 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 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 Section 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 eighteen 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.
13 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.
16.21.050 Reimbursements.
Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved Nexus Study effective at the time the agreement was entered into, whichever is 14 less. Reimbursements shall be enacted through an agreement between the developer and the City, contingent on funds being available and approved by WRCOG. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Zone Transportation Improvements Program adopted annually by WRCOG.
16.21.060 Procedures for the Levy, Collection and
Disposition of Fees.
(A) Authority of the Public Works Department. The Director of Public Works, or his/her designee, is hereby authorized to levy and collect the TUMF fees and make all determinations required by this chapter in a manner consistent with the TUMF Administrative Plan.
(B) Payment of the TUMF. Payment of the fees shall be as follows:
(1) All fees collected hereunder shall be collected by WRCOG for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter, TUMF Administrative Plan, and the Mitigation Fee Act.
(2) The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the “Payment Date”). However this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the Payment Date. The fees shall be calculated according to fee schedule set forth in the resolution adopted pursuant to Section
16.21.040(A) and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.
(3) The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this chapter, not the date the chapter is initially adopted. The City shall not enter into a 15 development agreement which freezes future adjustments of the TUMF.
(4) If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.
(5) Fees shall not be waived.
(C) Issuance of Certificate of Occupancy. The City shall not issue a certificate of occupancy for any Development Project until WRCOG has provided written evidence that it has collected the fee. (D) Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.
(E) Reports to WRCOG. The Director of Public Works, or
his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section
16.21.070.
16.21.070 Appointment of the TUMF Administrator.
WRCOG is hereby appointed as the Administrator of the
Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF Administrative Plan. Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer’s TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances.
16 WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed two percent (2%) of the revenue raised by the TUMF Program. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator.” SECTION 2. Effect. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This Ordinance does not create any new TUMF.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 4. No Procedural Defenses. TUMF member agencies are prohibited from raising procedural defenses, including without limitation a statute of limitations, laches, the California Government Tort Claims Act, and necessary parties, in a dispute with WRCOG regarding the matters set forth herein.
SECTION 5. Judicial Review. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 90 days of the date of adoption of this Ordinance.
SECTION 6. CEQA Findings. The City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
This Ordinance simply updates the Transportation Uniform Mitigation Fee program, which merely provides funding for improvements to the regional system of highways and arterials in Western Riverside County and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no further environmental analysis is required.
SECTION 7. Effective Date. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption cause it, or a summary of it, to be published in general circulation newspaper in the City of Corona. This Ordinance shall take effect on April 1, 2025.
17 PASSED, APPROVED AND ADOPTED this 1
st day of April, 2026.
Mayor of the City of Corona, California
Attest:
City Clerk of the City of Corona, California
18 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held the 18th day of March, 2026, and thereafter at an adjourned meeting thereof held on the 1
st day of April, 2026, it was duly passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 1
st day of April, 2026.
____________________________________
City Clerk of the City of Corona, California
[SEAL]
19 EXHIBIT “A”
MAP OF REGIONAL SYSTEM
[SEE ATTACHED PAGE]