1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE APPLICABLE 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 eighteen 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, 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, consistent with its previous findings made in the adoption of Ordinance No. 2025- 406, 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; 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
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WHEREAS, the City Council previously found and determined that the cost estimates set forth in the 2024 Nexus Study were and continue to be 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 the TUMF Ordinance shall be used to help pay for the design, planning, construction of and real property 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 fees proposed herein; 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, Section 4.C. of Ordinance No. 2025-406, authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and
WHEREAS, on or about April 1, 2026, Ordinance No. 2026-XXX, was introduced. If adopted, that Ordinance will amend Ordinance 2025-406 to modify certain definitions and establish an annual automatic construction cost index (“CCI”) adjustment to the TUMF as Section 4.C.1. of Ordinance No. 2025-406; and
WHEREAS, the purpose of this Resolution is to implement the initial automatic CCI adjustment as provided for in Ordinance No. 2025-406, if amended; and WHEREAS, further CCI adjustments shall be automatically implemented, without the need for City Council action, pursuant to Section 4.C.1. of Ordinance No. 2025-406, if amended; and WHEREAS, the automatic CCI adjustment implemented by this Resolution is inflationary only and does not modify the underlying fee nexus, land use assumptions, improvement program, or proportionality findings previously adopted by the City Council; 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.
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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. 2025-406 in support of the adjusted TUMF contained herein.
Section 2.TUMF Schedule. In accordance with Section 4.C.1. of Ordinance No. 2025-406, if amended, there is hereby adopted the following fee schedule implementing the initial CCI adjustment for the TUMF, which replaces the fee schedule set forth in Section 2 of Resolution No. 25-1534 in its entirety as of July 1, 2026, and which shall go into effect upon the Effective Date set forth in Section 4, below:
(1) $12,705 per single family residential unit 1,800 square feet or less (2) $14,292 per single family residential unit between 1,801 and 2,300 square feet (3) $15,881 per single family residential unit between 2,301 and 2,700 square feet (4) $19,851 per single family residential unit greater than 2,700 square feet (5) $8,021 per multi-family residential unit
(6) $2.39 per square foot of an industrial project
(7) $7.92 per square foot of a retail commercial project (8) $5.02 per square foot of a service commercial project (9) $2.51 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 on July 1, 2026 if Ordinance 2026-XXX is adopted by the City Council before that date.
PASSED, APPROVED AND ADOPTED this Day day of Month, Year ___________________________
Bob Karwin, Mayor Pro Tem
Attest:
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Stephanie Roseen, City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney