2009-43U Development Impact Fees to Reduce the Fee Amounts ORDINANCE NO. 2009-43U
AN INTERIM URGENCY 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
PLANS 16 AND 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 City of Menifee has determined based on
input from the Menifee Strike Force that a reduction of such fees 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. This is an interim urgency ordinance adopted without notice or hearing which
puts in place such reductions immediately; this ordinance will be in effect for 30 days and may
be extended for two additional 30 day periods (after notice and hearing) while a revised City DIF
ordinance is 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.
Ordinance No. 2009-43U
Reduction of Developer Impact Fees
SECTION 2. Section 7, "Development Impact Fee," of Ordinance No. 659 for Area
Plans 16 and 17:
"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 Plans 16 and 17), on and after the effective date of this Ordinance and any
extension therefore, 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%).
SECTION 3. This ordinance shall be of no force and effect 30 days from the date of its
adoption unless extended for not more than two additional 30 days pursuant to the provisions of
Govt. Code Section 66017(b).
PASSED, APPROVED AND ADOPTED THIS2'0 OF by the
following 4/5ths vote:
AYES: &yLtj�q, c , \ "MaAL41-
NOES: "-Y) ,
ABSENT:
ABSTAIN:
Wallace . dgerton, Maycy
ATTEST:
eiUM9V___
Kathy Bennett, City Clerk
Approved as to form:
Elizabeth Martyn, City Attorney
2