21-1083RESOLUTION NO. 21-1083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE 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 Program participating jurisdictions,
has prepared an updated Nexus Study entitled "Transportation Uniform Mitigation Fee Nexus
Study: 2016 Update" ("2016 Nexus Study") pursuant to California Government Code sections
66000 et seq. (the Mitigation Fee Act), 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, consistent with its previous findings made in the adoption of Ordinance No.
2017-229, 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
WHEREAS, the City Council finds and determines that the cost estimates set forth in the
new 2016 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 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 2016 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 2016 Nexus Study and the fees proposed thereunder and at least ten
(10) days prior to this hearing, the City Council made the 2016 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, section 4.C. of Ordinance 2017-229 authorizes periodic review and
adjustment to the applicable TUMF schedule 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 Menifee 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 2017-229 in support of the adjusted TUMF contained herein.
SECTION 2. TUMF Schedule. In accordance with Section 4.C. of Ordinance 2017-
229, the following fee schedule for the TUMF Program is hereby adopted, and shall replace the
fee schedule set forth in Section 2 of Resolution No. 2020-877 in its entirety and shall become
effective upon the Effective Date set forth in Section 4, below:
A. The TUMF schedule set forth in Resolution No. 2020-877 shall remain in place
until December 31, 2021, as follows:
(1) $9,810.00 per single-family residential unit
(2) $6,389.00 per multi -family residential unit
(3) $1.81 per square foot of an industrial project
(4) $7.50 per square foot of a retail commercial project
(5) $4.75 per square foot of a service commercial project
(6) $2.38 per square foot of a service Class A and B Office
B. Effective January 1, 2022 the fee schedule for single-family residential, multi-
family residential, and non-residential projects, as set forth in Section 2.A. shall
be as follows:
(1) $10,104.00 per single family residential unit
(2) $6,580.00 per multi -family residential unit
(3) $1.86 per square foot of an industrial project
(4) $7.72 per square foot of a retail commercial project
(5) $4.89 per square foot of a service commercial project
(6) $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. The resolution shall take effect immediately upon its
adoption.
PASSED and ADOPTED this 15th day of September 2021.
f _ r
Bill Zimmta.o, IOyor
APPROVE AS TO FORM".
HI I tJ I:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 21-1083 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 6th of October 2021 by the following vote:
Ayes:
Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None