1 RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF MENIFEE
WHEREAS, the City of Menifee (“City”) is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and seventeen cities located in Western Riverside County; and
WHEREAS, the member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the “Regional System”); and
WHEREAS, in order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and
WHEREAS, in furtherance of this plan, the WRCOG Executive Committee adopted the “Western Riverside County Transportation Uniform Fee Nexus Study”, dated October 18, 2002 (the “2002 Nexus Study”); and
WHEREAS, based on the 2002 Nexus Study, the City adopted Ordinance No. 2009-40 on June 2, 2009, (the “TUMF Ordinance”) pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee (“TUMF”) upon new development; and
WHEREAS, in 2016, the TUMF Nexus Study (“2016 Nexus Study”) was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 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; and
WHEREAS, on or about October 4, 2017, the City adopted Ordinance No. 2017-229 which adopted the 2016 Nexus Study and updated the TUMF; and
WHEREAS, in 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018; and WHEREAS, the City adopted Ordinance No. 2019-268 on or about March 6, 2019, allowing WRCOG to calculate and collect TUMF on behalf of the City; and WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled “Transportation Uniform Mitigation Fee Nexus Study: 2024 Update” (“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; and
WHEREAS, 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 TUMF 2024 Nexus Study Fee Schedule Update
2 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; and
WHEREAS, the 2024 Nexus Study: (a) identifies the purpose of the fees; (b) identifies the use to which the fees are to be put, including identification of any facilities to be financed; (c) determines how there is a reasonable relationship between the each fee’s use and the type of development project on which the each fee is imposed; (d) determines how there is a reasonable relationship between the need for the public facilities and the type of development project upon which the fees are imposed; and (e) determines how there is a reasonable relationship between the amount of the fees and the cost of the public facilities, or portion of the public facilities, attributable to the development on which the fees are imposed; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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 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; and WHEREAS, the fees collected pursuant to TUMF 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; and
WHEREAS, 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; and WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, Section 4.C. of Ordinance No. 2025-XXX authorizes periodic review and adjustment TUMF 2024 Nexus Study Fee Schedule Update
3 to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and
WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines and it has been determined that the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Section 1.Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. In addition, the City Council re-adopts the findings contained in Section 2 of Ordinance No. 2025-XXX in support of the adjusted TUMF contained herein.
Section 2.TUMF Schedule. In accordance with Section 4.C. of Ordinance No. 2025-XXX of the TUMF Ordinance, there is hereby adopted the following fee schedule for the TUMF, which replaces the fee schedule set forth in Sections 2 and 3 of Resolution No. 2021-1083 in its entirety as of April 20, 2025, provided that the fee for retail commercial projects shall go into effect upon the Effective Date set forth in Section 5, below:
(1) $12,380 per single family residential unit of1,800 square feet or less (2) $13,927 per single family residential unit between 1,801 and 2,300 square feet (3) $15,476 per single family residential unit between 2,301 and 2,700 square feet (4) $19,344 per single family residential unit greater than 2,700 square feet (5) $7,816 per multi-family residential unit
(6) $2.33 per square foot of an industrial project
(7) $7.72 per square foot of a retail commercial project (8) $4.89 per square foot of a service commercial project (9) $2.45 per square foot of a service Class A and B Office Section 3.CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3).
Section 4.Effective Date. This Resolution shall become effective on April 20, 2025 TUMF 2024 Nexus Study Fee Schedule Update
4 PASSED, APPROVED AND ADOPTED this Day day of Month, 2025 ___________________________
Ricky Estrada, Mayor
Attest:
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Stephanie Roseen, City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney