Findings.
Riverside Municipal Code § 16.68.020
in effect16.68.020 - Findings.
A. The City is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County ("Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial development. As a Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Fee Nexus Study," dated October 18, 2002 (the "2002 Nexus Study") prepared in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) and adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, the City adopted and implemented an ordinance authorizing the City's participation in a TUMF Program.
B. In 2016, the TUMF Nexus Study was updated ("2016 Nexus Study") 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.
C. 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.
D. 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. 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.
E. Consistent with its previous findings made in the adoption of Ordinance No. 6658 as amended and superseded by Ordinances Nos. 6869, 7067 and 7393, the City Council has been informed and advised, and hereby finds, that if the capacity of the regional system is not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.
F. 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 nonresidential users of the development in which the TUMF will be levied.
G. 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 nonresidential 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.
H. The City Council finds and determines that the cost estimates set forth in the 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.
I. The fees collected pursuant to this 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.
J. 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.
K. The City Council hereby adopts the 2024 Nexus Study and its findings, a copy of which is on file in the City Clerk's Office and incorporated herein by reference.
L. 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
M. On March 11, 2025, the City Council adopted Ordinance No. 7706, which adopted the 2024 Nexus Study and its findings; and
N. The TUMF Administrative Plan calls for a Construction Cost Index ("CCI") adjustment to be brought forth to the WRCOG Executive Committee on an annual basis; and
O. On December 1, 2025, the WRCOG Executive Committee approved the implementation of an automatic CCI adjustment for all TUMF land uses tied to the September indices of the National Association of Realtors and Engineering News Record with a cap at five percent of any annual adjustments; and
P. An automatic CCI adjustment ensures that fee levels keep pace with increases in cost of constructing transportation projects and avoids large increases at comprehensive TUMF Nexus Study updates; and
Q. This approach also allows for consistency and predictability for the TUMF Program, while ensuring that the fair share principles under AB 1600 are satisfied; and
R. The City Council desires to provide for automatic inflationary adjustments to the TUMF to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and
S. The City Council hereby adopts this ordinance to amend and supersede the provisions of Ordinance No. 7706.
(Ord. No. 7772, § 1(Exh. A), 2026; Ord. 7706, § 1(Exh. A), 2025; Ord. 7393 §1, 2017; Ord. 7067 §1, 2010; Ord. 6869 §1, 2006; Ord. 6851 §1, 2006; Ord. 6658 §1, (part) 2003)
Source: City of Riverside, California, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/riverside/codes/code_of_ordinances?nodeId=PTIICOOR_TIT16BUCO_CH16.68TRUNMIFE_16.68.020FIFetched: 11/1/2026