2009-43 Develop. impact fees reduced Final ORDINANCE NO. 2009-43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
AMENDING RIVERSIDE COUNTY ORDINANCE NO. 659 REGARDING
DEVELOPMENT IMPACT FEES TO REDUCE THE FEE AMOUNTS
APPLICABLE TO THE CITY OF MENIFEE (AREA PLAN 17)
The City Council of the City of Menifee does ordain as follows:
SECTION 1. The City Council finds as follows:
1. Menifee incorporated on October 1, 2008, and at that time adopted all County of
Riverside ordinances, including Ordinance No 659 setting Development Impact Fees (DIF);
subsequently, the adoption of such ordinances was extended to February, 2010.
2. Ordinance No. 659 identifies Area Plans 16 and 17 which cover the area now
within the City of Menifee.
3. Section 2 of Ordinance No. 659 makes a variety of findings regarding such DIF
which the City Council hereby readopts in adopting this ordinance.
4. Since the DIF were determined for the areas within the City of Menifee, the
economy of the state, nation and world has entered a serious recession, leading to stalled or
cancelled residential and commercial development, unemployment, foreclosures and general
economic malaise.
5. After investigation and discussion, the Menifee Strike Force has determined that
a reduction of such fees for certain public purposes in Area 17 within the City of Menifee may
stimulate development specifically within the City by reducing the cost thereof.
6. A reduction of such fees does not change the nexus and proportionality of the
fees as the need for the infrastructure funded by the fees has been reduced, rather than
removed, and that such costs will be absorbed into future fee payments.
7. Govt. Code Section 66017(b) provides that without following the procedures
otherwise required for a fee and charge (notice, hearing, and a 60 day waiting time) the City
may take interim action to protect the public health, safety and welfare.
8. The City Council has adopted interim urgency ordinance 2009-43U and has
extended it twice as allowed by law while this revised City DIF ordinance has been developed
and takes effect.
9. This action shall be exempt from CEQA pursuant to CEQA Guideline 15061(b)
(3) because there is no possibility that the adoption of this ordinance shall have an effect of the
environment.
SECTION 2. Section 7, "Development Impact Fee," of Ordinance No. 659 is amended
to read as follows:
4810-6096-1795.1
"Notwithstanding the fees set out below or any provision of this Ordinance to the
contrary, for any development located within the boundaries of the City of Menifee (in
Area Plan 17), on and after the effective date of this Ordinance the fees as set out in
sections (b) through (i) and (k) are reduced by sixty-five percent (65 %) and the hourly
rates used to calculate deposits shall be reduced by twenty percent (20%). Such
reduction shall remain in place until June 30, 2010 or until 500 permits have been issued
at this reduced rate, whichever comes first.
SECTION 3. This ordinance shall take effect 60 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS/ DAY OF� `b'he
following vote:
AYES:� "(,0/Yw,�� �'}/}�Qj)tJyt�
NOES: 1 I-,(U&JJ O
ABSENT: 9 &NU
ABSTAIN: Yy)�
Wallace W. Edgerton, Mayor
ATTEST:
�Yf"1`YYII ul�-�d
KAWy'Bennett, City Clerk
Approved as to form:
Elizab th Martyn, CitAttorrfby
4810-6096-1795.1