§ 4.58.020. Findings.

The board of supervisors finds that:

A.

The county is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and eighteen (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 (the "Regional System"), depicted in Exhibit "A", on file in the county offices and by this reference incorporated herein, 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 county 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 county adopted and implemented an ordinance authorizing the county's participation in a TUMF program.

B.

WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016 Nexus Study") in compliance with the Mitigation Fee Act (Gov. Code § § 66000 et seq.), 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.

As a TUMF participating jurisdiction, the county must follow the recommendation made by the WRCOG executive committee and amend its TUMF ordinance.

D.

The county has considered the 2016 Nexus Study and its findings in adopting this chapter.

E.

Continuation of a TUMF program is essential because 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 to respond and, thus, adversely affect the public health, safety and welfare.

F.

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.

G.

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.

H.

The cost estimates set forth in the 2016 Nexus Study are reasonable cost estimates for constructing the regional system improvements and the facilities that comprise the regional system, and 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 chapter 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.

(Ord. No. 824.15, § 1, 12-5-2017)