2012-106 DIFORDINANCE NO. 2012-106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
AMENDING SECTION 19 OF RIVERSIDE COUNTY ORDINANCE NO. 659,
AND SECTION 4.60.190 OF THE CODIFIED RIVERSIDE ORDINANCES, AS
ADOPTED BY THE CITY OF MENIFEE, PROVIDING FOR REVISIONS TO
DEVELOPMENT IMPACT FEES
The City Council of the City of Menifee does ordain as follows :
Section 1. The City Council finds as follows :
A. At the time of incorporation, the City adopted existing Riverside
County ordinances and codes related to, among other things,
development impact fees (DI F's) applicable to new development in
the City of Menifee.
B . Among the applicable DIF's are certain exemptions, including a
limited exemption for certain affordable housing developments
financed with certain tax credits (Affordable Housing DIF
Exemptions).
C. The City of Menifee has determined that these Affordable Housing
DIF Exemptions provide little practical benefit to the provision of
affordable housing in the City while creating inequitable situations
regarding contributions to necessary infrastructure.
Section 2. Riverside County Ordinance No. 659, Section 19, Subsection
d (as adopted by the City of Menifee related to development impact fees for
affordable housing projects, is amended by the deletion of subsection "d" to
read as follows (additions and deletion noted with strikeouts and underlining):
Section 19 . EXEMPTIONS. The following types of construction shall be exempt
from the provisions of this ordinance:
d. Residential Units in publ«*y subsidized projects constructed as
housing for lovJ income households as such households are
defined pursuant to section 50079 .5 of the Health and Safety Code.
"Publicly subsidized projects," as the term is used herein, shall not
include any project or project applicant receiving a tax credit
provided by the State of California Franchise Tax Board.
Section 3. Section 4.60.190 of the Codified Riverside County
Ordinances (as adopted by the City of Menifee), is amended by the deletion of
subsection to read as follows (additions and deletion noted with strikeouts and
underlining):
Ordinance No. 2012-106 Development Impact Fees
4.60.190 -Exemptions.
The following types of construction shall be exempt from the provisions of
this chapter:
9. Residential units in publicly subsidized projects constructed as
housing for low income households as such households are defined
pursuant to Seotion 50079 .5 of the Health and Safety Code . "Publicly
subsidized projeots," as the term is used herein, shall not inolude any
projeot or projeot applioant receiving a tax credit provided by the state of
California Franohise Tax Board;
Section 4. Except as amended all other provisions of the referenced
ordinances and codes shall remain in full force and effect.
Section 5. This ordinance shall be effective 30 days from the date of its
adoption.
PASSED, APPROVED and ADOPTED this 19TH day of June, 2012.
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. 2012 -106 to be the original ordinance adopted by the
City Council of the City of Menifee on 9J/flL(q , 2012 and that said
ordinance was published in accordanc with the law.
Date: /a }1 q/ kB
Kathy Bennett, City Clerk
2
John V. Denver
May o r
Thomas Fuhrman
Mayo r Pro Tem
Wallace W. Edgerton
Co un cilm ember
Darcy Kuenzi
Co un cilmember
Sue Kristjansson
Co un cilmem ber
29 714 Hau n Roa d
Menifee, CA 92586
Phon e 951.672.6777
Fax 951.679.38 43
www .cit yofmenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2012-106 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 191h day of June, 2012 by the
following vote:
Ayes :
Noes:
Absent:
Denver, Edgerton , Fuhrman , Kristj ansson, Kuenzi ,
None
None
Abstain: None
Kathy Bennett, City Clerk