20-877
RESOLUTION NO._______
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 (collectively, the
“Participating Jurisdictions”); 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; this program is known as
the Transportation Uniform Mitigation Fee Program (“TUMF Program”); and
WHEREAS, WRCOG, with the assistance of the Participating Jurisdictions, 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.
(“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
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 of the City of Menifee (“City Council”) took the action
requested by the WRCOG Executive Committee when it updated its TUMF ordinance through
the adoption of City of Menifee Ordinance No. 2017-229.
WHEREAS, consistent with the findings made in 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 traffic congestion. 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 Program fees and the type of development
projects on which the fees are imposed because the fees will be used to construct the
improvements to the Regional System that are necessary for the safety, health, and welfare of
the residential and non-residential users of the developments on which the TUMF Program fees
will be levied; and
WHEREAS, the City Council finds and determines that there is a reasonable and
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20-877
rational relationship between the need for the improvements to the Regional System and the
type of development projects on which the TUMF Program fees are mposed because they 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 Program
fees; 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 Program fees 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 Ordinance 2017-229 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;
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 Program fees 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 2016 Nexus Study; and
WHEREAS, the levying of TUMF Program fees has been reviewed by the City Council
and staff in accordance with the California Environmental Quality Act (Public Resources Code
Section 21000 et seq., “CEQA”) and its implementing Guidelines (14 Cal. Code Regs. Section
14000 et seq., “CEQA Guidelines”) and it has been determined that the adoption of this
Resolution is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3).
NOW, THEREFORE, the City Council of 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 Program fees 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
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fee schedule set forth in Sections 2 and 3 of Resolution No. 2017-644 in its entirety and shall go
into effect upon the Effective Date set forth in Section 4, below:
The schedule set forth in Ordinance 2017-229 shall remain in place until July 1, 2020, as
follows:
(1) $9,146.00 per single-family residential unit
(2) $6,134.00 per multi-family residential unit
(3) $1.77 per square foot of an industrial project
(4) $7.50 per square foot of a retail commercial project
(5) $4.56 per square foot of a service commercial project
(6) $2.19 per square foot of a service Class A and B Office
B. For single-family residential, multi-family residential, industrial, retail commercial,
service commercial, and service Class A and B Office, the fees set forth in Section 2.A.
shall be phased in as follows:
From July 1, 2020, to December 31, 2020, the fee schedule shall be as follows:
(1) $9,478.00 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
From January 1, 2021 the fee schedule shall be 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
SECTION 3. CEQA Findings. The City Council hereby finds that the adoption of this
Resolution is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3).
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its
adoption.
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PASSED and ADOPTED this 15th day of April 2020.
_____________________________
Bill Zimmerman, Mayor
APPROVE AS TO FORM:
___________________________
Jeffrey T. Melching, City Attorney
ATTEST:
_______________________________
Sarah A. Manwaring, City Clerk
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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
Resolution No. 20- was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 15th day of April 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Sarah A. Manwaring, City Clerk
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August, Deines, Liesemeyer, Sobek, Zimmerman