HomeMy WebLinkAbout2025-007 Participation and Adopting of TUMF Program and ScheduleRESOLUTION NO. 2025-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF LAKE
ELSINORE
Whereas, the City of Lake Elsinore (“City”) is a member agency of the Western
Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County
of Riverside and seventeen 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 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 1096 on April
22, 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 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 September 26, 2017, the City adopted Ordinance No. 1381 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. 1490 on November 14, 2023, 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.
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Whereas, consistent with its previous findings made in the adoption of Ordinance No.
1381, 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 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 16.83.040.C. of the Lake Elsinore Municipal Code authorizes periodic
review and adjustment to the applicable TUMF in accordance with any adjustments made by the
WRCOG Executive Committee; and
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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 LAKE ELSINORE,
CALIFORNIA, DOES HEREBY 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 16.83.020 of the Lake Elsinore Municipal Code 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 of Resolution No. 2021-119 in its entirety as of April 1, 2025,
below:
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
(2) $7,816 per multi-family residential unit
(3) $2.33 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. 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 take effect immediately upon its
adoption.
Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it
into the book of original Resolutions.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake
Elsinore, California, this 11 th, day of February 2025
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2025-7 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of February 11, 2025, and that the same was adopted by the
following vote:
AYES: Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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