RESOLUTION NO. 2024-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO CALIFORNIA, AMENDING THE
FEE APPLICABLE TO ALL DEVELOPMENTS IN THE CITY
OF MORENO VALLEY
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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, in furtherance of this plan, the WROG 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 623 on March 11, 2003 (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 WROG 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 September 19, 2017, the City adopted Ordinance No. 925 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
1 Resolution No. 2024-68
Date Adopted: December 3, 2024
WHEREAS, the City adopted Ordinance No. 950 on April 2, 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.
WHEREAS, consistent with its previous findings made in the adoption of Ordinance No. 925, 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.
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.
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.
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.
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 2 Resolution No. 2024-68
Date Adopted: December 3, 2024
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.
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.
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.
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.
WHEREAS, section 4.C of the TUMF Ordinance authorizes periodic review and adjustment 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 ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, the City Council of the City of Moreno Valley does resolve as follows:
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 925 in support of the adjusted TUMF contained herein.
SECTION 2. TUMF Schedule. In accordance with Section 4.C 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. 2017-50 in its entirety as of April 1, 2025, provided that the fee for retail commercial projects shall go into effect upon the Effective Date set forth in Section 5, below:
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Date Adopted: December 3, 2024
A. There is hereby adopted the following TUMF schedule:
(1) $12,380 per single family residential unit 1,800 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. Adoption of 2024 Nexus Study. The City Council hereby adopts the 2024 Nexus Study and its findings. The 2024 Nexus Study is attached and incorporated herein as Exhibit "B."
SECTION 4. 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 5. Effective Date. This Resolution shall become effective on April 1, 2025
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
4 Resolution No. 2024-68
Date Adopted: December 3, 2024
APPROVED AND ADOPTED this 3rd day of December 2024.
UnCe
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
M. Patricia Rodriguez, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
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Date Adopted: December 3, 2024
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, M. Patricia Rodriguez, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2024-68 was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3rd day of December, 2024 by the following vote:
AYES: Councilmember Baca-Santa Cruz, Councilmember Delgado, Mayor Pro Tem Barnard, and Mayor Cabrera
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
M. PATRICIA RODRIGUEZ, CITY CLERK
(SEAL)
6 Resolution No. 2024-68
Date Adopted: December 3, 2024