Transportation Uniform Mitigation Fee (Western)

“Section 3. PURPOSE. The purpose of this ordinance is to authorize the County's participation in the TUMF Program, which establishes and sets forth policies, regulations, and authorized uses of fees collected relating to the funding for the construction of improvements and facilities to enlarge the capacity of the Regional System necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this ordinance. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted in Exhibit 'A' and identified in the 2024 Nexus Study.”

“Section 6. TRANSPORTATION UNIFORM MITIGATION FEE. The following fees collected pursuant to this ordinance shall provide revenue to pay for the design, planning, construction of and real property acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study.”

“D. Applicability. The TUMF shall apply to all new development within the County, unless otherwise exempt under this ordinance.”

2002-12-10 (adopted) / 2003-02-08 (effective)

“Adopted: 824 Item 3.55 of 12/10/2002 (Eff: 02/08/2003)" and "824.18 Item 3.42 of 01/14/2025 (Eff: 03/14/2025)”

Ordinance No. 824 (current text: Ordinance No. 824 as amended through 824.18; amendment 824.20 introduced 2026-03-10)

“Adopted: 824 Item 3.55 of 12/10/2002 (Eff: 02/08/2003)" and "824.18 Item 3.42 of 01/14/2025 (Eff: 03/14/2025)”

“B. Payment. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the 'Payment Date'). However this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of the TUMF obligation.”

“A. Authority of the Transportation and Land Management Agency. The Director of the Transportation and Land Management Agency, or designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this ordinance in a manner consistent with the TUMF Administrative Plan." and "C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive Director of WRCOG along with a corresponding Remittance Report by the tenth (10) day of the close of the month for the previous month in which the fees were collected…”

“E. Exemptions. The following types of new development shall be exempt from the provisions of this ordinance and the TUMF Administrative Plan: 1. Low Income Residential Housing as defined in Section 5.K. of this ordinance. 2. Government/Public Buildings, Public Schools, and Public Facilities as defined in Section 5.F. of this ordinance. 3. Public use airports appropriately permitted by the California Department of Transportation or other state agency. 4. Development Projects that are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code section 65864 et seq, prior to February 8, 2003, wherein the imposition of new fees are expressly prohibited… 5. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof. 6. Guest Quarters as defined in Section 21.35.a. of Ordinance No. 348 and pursuant to Section 18.18.d. of Ordinance No. 348. 7. Second Units pursuant to Section 18.18.f. of Ordinance No. 348. 8. Kennels and Catteries established in connection with an existing single family residential unit… 9. The sanctuary building of a church, temple or other house of worship, that is not revenue-generating and is eligible for a property tax exemption… 10. Any non-profit, full-time day school at the elementary, middle school or high school level for students between the ages of five (5) and eighteen (18) years. 11. New Single Family Residential Units constructed by Non-Profit Organizations… specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans… 12. Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.”

“F. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following: 1. Regional Tier i. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on the approved Nexus Study for the Regional System effective at the time the credit agreement is entered into. … iii. The amount of the development fee credit shall not exceed the maximum amount determined by the Nexus Study for the Regional System at the time the credit agreement is entered into or actual costs, whichever is less." and "Section 7. REIMBURSEMENTS. Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved Nexus Study effective at the time the agreement was entered into, whichever is less.”

“C. Fee Adjustments. 1. Periodic Fee Adjustment. The TUMF fee schedule set forth in Section 6 of this ordinance may be periodically reviewed and the amounts adjusted by WRCOG Executive Committee… WRCOG shall review the TUMF Program no less than every four (4) years. The Board of Supervisors shall then consider the adjusted amount and amend this ordinance, accordingly. 2. Annual Fee Adjustment. In addition to the Periodic Fee Adjustment provided above, WRCOG shall provide the County with an annual inflation factor to adjust the TUMF fee schedule… The annual inflation factor is based on a Construction Cost Index (CCI) adjustment. Such CCI will be reviewed annually by the WRCOG Executive Committee… The Board of Supervisors shall then consider the adjusted amount and either amend this ordinance or adopt a resolution, as appropriate.”