1 ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2025-406 TO MODIFY CERTAIN DEFINITIONS AND TO ESTABLISH
CONSTRUCTION COST INDEX ADJUSTMENTS TO THE WESTERN RIVERSIDE
COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM WHEREAS, the City of Menifee 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; 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 2009- 40 on or about June 2, 2009, (the “TUMF Ordinance”) pursuant to California Government Code sections 66000 et seq. (the “Mitigation Fee Act”) 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, 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; and
WHEREAS, in September 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, on or about February 19, 2025, the City Council approved Ordinance No. 2025-406 which adopted the 2024 Nexus Study and its findings; and 2 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 five percent (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 the time of each comprehensive TUMF Nexus Study update; and
WHEREAS, this approach also allows for consistency and predictability for the TUMF Program, while ensuring that the fair share principles under the Mitigation Fee Act, are satisfied; and WHEREAS, the City Council desires to provide for automatic inflationary adjustments to the TUMF to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and
WHEREAS, this Ordinance also includes minor updates to the definitions portion of the previous Ordinance to clarify the definitions of certain residential units.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Title.
This Ordinance shall be know n as “Amendment No. 1 to the Western Riverside County Transportation Uniform Mitigation Fee Program of 2025” (this “Ordinance”) Section 2. The above recitals are true and correct and are incorporated herein by this reference.
Section 3. The definition of “Multi -Family Residential Unit” outlined in Section 3. H. (inadvertently labeled as a second Section 3.G.; now corrected to Section 3.H.) of Ordinance No. 2025- 406 is hereby amended to read as follows:
“H. “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. As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.” Section 4. The definition of “Single Family Residential Unit” outlined in Section 3. N. of Ordinance No. 2025-406 is hereby amended to read as follows:
“N. “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). As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.” 3 Section 5. Section 4.C. of Ordinance No. 2025-406 is hereby amended to read as follows:
“C. Fee Adjustment. The fee schedule may also be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution referenced in subsection A, above, 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 Ordinance, 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 Ordinance.
1. Beginning July 1, 2026, and annually thereafter, the TUMF 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 Single-Family Homes, and (2) the Engineering News -Record (ENR) Constructio n 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 in the blended index; 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 referenced index is discontinued or materially altered, WRCOG shall apply a comparable, industry -recognized index that most closely reflects regional transportation construction costs.”
Section 6. 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 7. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any por tion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 8. No Procedural Defenses. Prohibition of Jurisdictions 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 9. 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 ninety (90) days of the date of adoption of this Ordinance.
Section 10. This Ordinance amends certain provisions of Ordinance No. 2025-406 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, 4 Ordinance No. 2025-406 and all other related ordinances and policies shall remain in full force and effect as if this Ordinance were not adopted.
Section 11. Effective Date. This ordinance shall take effect 60 days from the date of its adoption.
Section 12. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
This Ordinance was introduced and read on the 1st day of April, 2026, and APPROVED AND ADOPTED this 15th day of April, 2026.
___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney