2014-161 Dedication of Land_In Lieu Fees Park & Rec ORDINANCE NO. 2014-161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, AMENDING THE MENIFEE MUNICIPAL
CODE BY ADDING CHAPTER 9.56 TO REQUIRE THE
DEDICATION OF LAND OR THE PAYMENT OF FEES IN LIEU
THEREOF, OR A COMBINATION OF BOTH, FOR PARIS AND
RECREATIONAL PURPOSES AS A CONDITION OF APPROVAL
FOR RESIDENTIAL DEVELOPMENT PROJECTS NOT REQUIRING
A TENTATIVE MAP OR PARCEL MAP, PURSUANT TO THE
MITIGATION FEE ACT
WHEREAS, Government Code Sections 66000 et seq. (also known as the "Mitigation Fee
Act") authorizes the legislative body of a city to, by ordinance, impose Mitigation Fees on
development projects for the purpose of defraying all or a portion of the cost of public facilities
related to the development project; and
WHEREAS, the Mitigation Fee Act permits Mitigation Fees to be adopted and imposed
for the purpose of defraying all or a portion of the cost of public facilities related to a development
project, and Mitigation Fees for park and recreation facilities are authorized under the Mitigation
Fee Act; and
WHEREAS, Chapter 9.55 of the Menifee Municipal Code, adopted pursuant to California
Government Code Section 64477 (the "Quimby Act"), requires the dedication of parkland for
residential development subject to the Quimby Act, or the payment of a fee in-lieu of dedicating
property (the "Quimby Ordinance"); and
WHEREAS, pursuant to the Quimby Act, the Quimby Ordinance authorizes the imposition
of parkland dedication or in-lieu fee as a condition of approval on any tentative map or parcel
map; and
WHEREAS, certain future residential developments in the City may not require approval
of a tentative map or parcel map, and thus are not subject to the Quimby Ordinance, despite the
fact that residents who will occupy these future residential units will increase the demand for park
and recreational facilities; and
WHEREAS, the City Council of the City of Menifee ("City Council" or"City," as applicable)
has determined that it is necessary to amend the Menifee Municipal Code for the purpose of
requiring developers of new residential projects that are not subject to the Quimby Ordinance to
pay Park and Recreation Mitigation Fees, as authorized by the Mitigation Fee Act; and
WHEREAS, the proposed Code Amendment(DCA 2014-219) (adding Chapter 9.56 to the
Menifee Municipal Code) will require developers to pay Mitigation Fees for the purpose of
defraying all or a portion of the cost of public park and recreation facilities related to a development
project ("Parks and Recreation Mitigation Fees") as a condition of the approval of a residential
development project that is not subject to the Quimby Ordinance; and
WHEREAS, the Open Space and Conservation Element of the City's General Plan
identifies the City's park and recreation facilities, including the present level of service, use and
need of those facilities, which will increase with future population growth from new development;
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WHEREAS, the Open Space and Conservation Element of the City's General Plan
establishes standards and requirements for the development of parks at a minimum of five (5)
acres per 1,000 population to provide for the needs of future population growth resulting from new
residential developments; and
WHEREAS, the Parks and Recreation Mitigation Fees are for purposes of developing new
or rehabilitating existing park or recreational facilities, and shall be calculated using the same
standard used to calculate fees under the Quimby Ordinance—that is, five (5) acres per 1,000
population multiplied by the currently accepted appraisal value of vacant residential land in the
City multiplied by the Federal Census population numbers for single-family and multi-family
dwellings, respectively—and shall apply only to those residential developments not subject to the
Quimby Ordinance; and
WHEREAS, the Mitigation Fee Act provides that prior to the adoption of an impact fee
ordinance, the local governmental agency must: (a) identify the purpose of the fee; (b) identify the
use to which the fee will be put; (c) make specific findings to determine that there is a reasonable
relationship between the fee's use and the type of development project on which the fee is
imposed; (d) make specific findings to determine that there is a reasonable relationship
between the need for the public facility and the type of the development project on which the fee
is imposed; (e) make specific findings to determine that there is a reasonable relationship between
the amount of the fee and the cost of the public facility or portion of the public facility attributable
to the development project on which the fee is imposed, including that the fee shall not exceed
the estimated reasonable cost of providing the service or facility; and (f) hold at least one noticed,
public hearing as part of a regularly scheduled meeting; and
WHEREAS, in accordance with the above-referenced requirements of the Mitigation Fee
Act, the City Council finds the following with respect to the Parks and Recreation Mitigation Fees:
1. Purpose of the Fee. The purpose of the fee is to provide funding to achieve the
City's goal of maintaining park service levels and to provide adequate recreational
services for Menifee residents and employees, as established in the City's General
Plan. The proposed Impact Fee is solely for the purpose of developing new or
rehabilitating existing park or recreational facilities associated with residential
development not subject to the Quimby Act. In other words, the proposed Impact
Fee will not apply to projects to which Quimby Fees can already be assessed
through a condition of approval on a tentative tract map or parcel map.
Assessing a Parks and Recreation Mitigation Fee on those developments not
subject to the Quimby Act is consistent with the City's General Plan, The Open
Space and Park Element of the General Plan establishes standards and
requirements for the development of a minimum of five (5) acres per 1,000
population of new parks to provide for the needs of future population growth. All
new residential developments — not just those subject to the Quimby Act — will
contribute to the City's increased growth. Accordingly, in order to comply with the
five (5) acre per 1,000 residents requirement, the City will need to provide more
facilities for parks and recreation than is currently in place. Without assessing the
Parks and Recreation Mitigation Fee on those developments not subject to the
Quimby Act, there will be insufficient revenue from the new residential
developments to remain consistent with the General Plan.
2. Use of the Fee. The proceeds from the fees will be used for the purpose of acquiring
and developing new or rehabilitating existing park or recreational facilities. The
proposed Parks and Recreation Mitigation Fee will collect a proportionate fee from
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residential development projects that are not subject to the Quimby Act. The Parks
and Recreation Mitigation Fee for residential development projects that are not
subject to the Quimby Act is proposed to be based on the same dedication/in lieu
fee standard for residential units that are covered by the Quimby Act.
New residential developments will result in increased demands on the City's park
and recreation facilities. The need to plan and provide for population increases,
and the impact on the City's park and recreation facilities, is demonstrated through
the Open Space and Conservation Element of the City's General Plan.
Any Parks and Recreation Mitigation Fee would not be used to overcome the
current deficiency, but could be used for additional facilities and parks necessary
to meet projected future need from new development. Revenues from the
proposed Parks and Recreation Mitigation Fee are anticipated to be used, among
other things, to offset costs associated with park and recreation facilities uses.
3. Relationship Between the Fee's Use and the Type of Development Project on
Which the Fee is Imposed. The fee will be applied to residential development
projects. New residential development will place additional burdens on the
Citywide community and recreation facilities. Based upon the current use and
service levels for the City's park and recreation facilities, these new developments
will impose a need for expanded or additional facilities. However, because certain
developments do not fall within the Quimby Act's scope, those projects are not
currently required to pay any type of fee toward parks and recreation facilities.
Residents who will occupy future residential units that are not subject to the
Quimby Act will nonetheless create demand for park facilities.
Accordingly, the fees will be used to acquire and construct new parkland, facilities,
and equipment to meet the demands of new residential development. The
parkland acquired and the park and recreation facilities constructed with the
proceeds of the fee will address and mitigate the additional impacts and demands
created by these residential development projects.
4. Relationship Between the Need for the Facility and the Type of Project. Each new
residential development project will generate demands on park and recreation
facilities through the resulting increase in residential population in the City, and the
associated new park facilities and equipment are needed to provide those
services. Current park facilities are only adequate for the existing residents. The
City needs to acquire new park facilities and equipment to meet the demands of
new residential development, and the parks developed with the proceeds of the
fee will address and mitigate the additional impacts and demands created by
residential development projects.
5. Relationship Between the Amount of the Fee and the Cost of the Facility or Portion
of the Facility Attributed to the Project. The fee has been calculated by
apportioning the cost of parkland acquisition and development of facilities to the
number of residents generated by each type of new residential unit at the rate of 5
acres per 1,000 population, which is consistent with the Quimby Act's
apportionment of cost for cities, like the City of Menifee, where the amount of
existing park area exceeds 3 acres per 1,000 residents. The Parks and Recreation
Mitigation Fee, like the Quimby Act fee, is based upon a recent appraisal of the
value of vacant residential land in the City and the current federal census numbers.
The amount of fee collected in aggregate is directly attributable to the projected
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number of residents in any new development project and does not exceed the
amount estimated for providing those facilities.
WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City
has: (a) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that
have requested notice of new or increased fees or service charges; (b) published notice pursuant
to the requirements of Government Code section 6062a; and (c) held a duly noticed, regularly
scheduled public hearing at which oral and written testimony was received regarding the proposed
fees.
WHEREAS, pursuant to Section 15168(c)(2) of Title 14 of the California Code of
Regulations, the proposed Code Amendment (DCA 2014-219) does not require additional review
under the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
("CEQA") because the proposed amendments to the Municipal Code are within the scope of the
project covered by the Environmental Impact Report for the City's General Plan (State
Clearinghouse No. 2012071033); and
WHEREAS, because the proposed Code Amendment (DCA 2014-219) includes
amendments to Title 9 of the Menifee Municipal Code (Planning and Zoning)that regulate the use
of land, it has been processed pursuant to Government Code Sections 65853 through 65857; and
WHEREAS, on November 12, 2014, the Planning Commission held a duly noticed public
hearing to receive public testimony on the proposed Code Amendment (DCA 2014-219) and to
appraise all relevant information pertaining thereto, and after considering all relevant public
testimony as well as all materials in the staff report and accompanying documents, the Planning
Commission recommended to the City Council approval of the proposed Code Amendment (DCA
2014-219) and recommended that the Council find the proposed Code Amendment (DCA 2014-
219) does not require further environmental review under CEQA; and
WHEREAS, on October 23, 2014, the Parks, Recreation and Trails Commission held a
duly noticed public hearing to receive public testimony on the proposed Code Amendment
(Ordinance No. 2014-161) and to appraise all relevant information pertaining thereto, and after
considering all relevant public testimony as well as all materials in the staff report and
accompanying documents, the Parks, Recreation and Trails Commission recommended to the
City Council approval of the proposed Code Amendment (Ordinance No. 2014-161); and
WHEREAS, on December 3, 2014, the City Council held a duly noticed public hearing to
receive public testimony on the proposed Code Amendment (DCA 2014-219) and to appraise all
relevant information pertaining thereto, and considered all public testimony as well as all materials
in the staff report and accompanying documents to repeal Section 10.35 of the Riverside County
Land Use Ordinance No. 460.152, as adopted by the City, and replace it with a new Chapter 9.56.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. Recitals.
The above recitals are true and correct and incorporated herein.
Section 2. Title.
This Ordinance shall be known as the "Parks and Recreation Mitigation Fee Act
Ordinance."
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Section 3. The City Council has read and considered the proposed amendments to
Title 9 of the Menifee Municipal Code (Planning and Zoning) referred to herein as "Code
Amendment (DCA 2014-219)," as set forth in Exhibit "A".
Section 4. Findings.
After considering the proposed Code Amendment (DCA 2014-219), the recommendations
of the Parks, Recreation and Trails Commission and Planning Commission, staff
recommendations, public testimony and correspondence, and reports thereon, the City Council
hereby makes the following findings:
1. The proposed amendments to the Municipal Code are consistent with the
Mitigation Fee Act (Government Code § 66000 et seq.) because, as set forth in the
recitals to this ordinance:
a. There is a reasonable relationship between the proposed fee's use (i.e.,
the development of new and rehabilitation of existing parks and
recreational facilities) and the type of development project on which the fee
is imposed (i.e., residential development that is not subject to the Quimby
Ordinance but will nevertheless increase demand for public parks and
recreational facilities);
b. There is a reasonable relationship between the need for the parks and
recreation facilities and residential development that is not subject to the
Quimby Ordinance but will nevertheless create a demand for parks and
recreational facilities;
c. There is a reasonable relationship between the amount of the fee and the
cost of providing parks and recreational facilities that will serve the
residential development; and
d. The fee shall not exceed the estimated reasonable cost of providing the
parks and recreational facilities to serve the residential development.
2. The proposed amendments to the Municipal Code are consistent with the City's
General Plan and, in particular, the Open Space and Conservation Element, which
contemplates the City will adopt an ordinance requiring that developers set aside
land, donate conservation easements, or pay fees for park improvements.
3. The City does not have any adopted specific plans that conflict with the proposed
Code Amendment.
4. The City Council of the City of Menifee finds that the proposed Code Amendment
by way of DCA 2014-219 is consistent with the requirements of the Menifee
Municipal Code regarding the process of amending the Municipal Code.
5. Pursuant to 14 C.C.R. § 15168(c)(2), the proposed Code Amendment does not
require additional review under CEQA because the proposed amendments to the
Municipal Code are within the scope of the project covered by the Environmental
Impact Report for the City's General Plan (State Clearinghouse No. 2012071033).
Section 4. The City Council hereby accepts the recommendation of the Planning
Commission.
Section 5. Chapter 9.56 to the Menifee Municipal Code.
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Parkland Dedication, Park Development Fees (MITIGATION FEE ACT)
The City Council hereby adopts Code Amendment (DCA 2014-219). Chapter 9.56 'Park
and Recreation Mitigation Fees for Residential Development Not Requiring a Tentative Map or
Parcel Map' is hereby added to the Menifee Municipal Code as set forth in Exhibit "A."
Section 6. Notice of Adoption.
The City Clerk of the City of Menifee shall certify to the adoption of this Ordinance.
Section 7.Compliance with Notice and Public Hearing Requirements.
This ordinance was reviewed at a noticed public hearing, for which the ordinance and
the associated Staff Report were available to the general public for a period of not less than
fourteen (14) days prior to the public hearing.
Section 7. Effective Date.
In accordance with Government Code Section 66017(a), this Ordinance shall be in full
force and effect sixty (60) days after its adoption.
Section 8. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or the
application thereof to any person or circumstance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council declares that it
would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause,
phrase or portion thereof be declared invalid or unconstitutional.
Section 9. City Clerk Action.
The City Clerk of the City of Menifee is authorized and directed to cause this Ordinance
to be published within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 3 d y of December, 2014 and PASSED,
APPROVED AND ADOPTED THIS 1711 day of Decem r, 01 .
Scott A. Mann, Mayor
Approved as to form:
ey Melching, City orney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2014-161 to be the original ordinance adopted by the City Council of the City of
Menifee on December 17, 2014 and that said Ordinance was published in accordance with the
law on a vote as follow:
Date: 1 -171 4 fi
wl
Kathy B nnett, City tierk
Vote:
Ayes: August, Denver, Edgerton, Liesemeyer, Mann
Noes: None
Abstain: None
Absent: Iyone
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EXHIBIT A
Chapter 9.56 Park and Recreation Mitigation Fees for Residential Development Not
Requiring a Tentative Map or Parcel Map
Sections:
9.56.010 Purpose and Findings
9.56.020 Authority
9.56.030 Definitions
9.56.040 Limited Use of Fees
9.56.050 Park and Recreation Mitigation Fees
9.56.060 Procedure for Imposition and Payment of Park and Recreation
Mitigation Fees
9.56.070 Creation of Park and Recreation Impact Fund
9.56.080 Government Code Compliance
9.56.090 Developments Annexed to the City
9.56.100 Exception for Commercial and Industrial Developments
9.56.010 Purpose and Findings
A. Authorizing Legislation.
This Chapter is adopted to implement the provisions of Sections 66000 et seq. of the
Government Code (sometimes referred to hereinafter as the "Mitigation Fee Act"), which
authorizes a city to impose Mitigation Fees as a condition of approval on a development
project for the purpose of defraying all or a portion of the cost of public facilities related to
the development project.
B. Purpose.
Additional park facilities are needed to accommodate future growth and maintain an
acceptable level of the existing park and recreation facilities for all areas of the City of
Menifee. New development within the City of Menifee results in increased usage of the
existing park and recreation facilities throughout the City, which thereby increases the
service requirements and the capital equipment requirements of the City's parks and
recreation facilities. Such increased usage is not limited to new residential subdivisions.
C. Use.
Park and Recreation Mitigation Fees are hereby established on new residential
development within the City of Menifee to pay a proportionate share of public facilities
related to parks and recreation. The Mitigation Fees authorized by this Section will be
used only for defraying costs associated with providing parks and recreation facilities
resulting from new development projects, and shall not exceed the estimated cost
associated with providing those facilities. The Mitigation Fees are for the purpose of
developing new or rehabilitating existing park or recreational facilities, although no such
fees will be used to overcome any current deficiency in park and recreation facilities. A
reasonable relationship exists between the Mitigation Fees' use, amount, and need and
the residential development project upon which the Mitigation Fees are imposed.
D. Findings
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The amount of existing park area in the City exceeds three acres of park area per 1,000
City residents. The enactment of this Chapter shall prevent new residential development
from reducing the quality and availability of public services provided to residents of the
City by requiring new residential development to contribute to the cost of expanding the
availability of park and recreational facilities and amenities in the City.
9.56.020 Authority
This Chapter is enacted pursuant to the authority granted by the Mitigation Fee Act.
9.56.030 Definitions
For the purposes of this Chapter, the terms and words shall have the meaning as defined in
Chapter 9.118 "Glossary', except that the following words shall have the meanings set forth
below:
A. "Average Number of Persons Per Dwelling Unit" shall mean average number of persons
per household, based on the most recent data available in the form of the federal census
and study on the population density in the City. The most recent Average Number of
Persons Per Dwelling Unit may be reflected in a City Council Resolution.
B. "City" shall mean the City of Menifee.
C. "Developer" shall mean any person who is the owner or authorized agent of an owner of
any new development within the City.
D. "Development project" means any project undertaken for the purpose of development and
includes a project involving the issuance of a permit for construction or reconstruction, but
not a permit to operate.
E. "Dwelling unit" shall include each single family dwelling, second units allowed on single
family lots as defined in Chapter 9.42 "Second Dwelling Units", each unit of an apartment,
duplex dwelling group or multiple dwelling structure or condominium or planned residential
development as a separate habitat for one or more persons or each mobile home space
designed to contain a mobile home trailer on a semi-permanent or permanent basis.
Single-family residential units, multifamily residential units, and mobile home units shall
be defined according to the latest decennial U.S. or state department of finance census.
Dwelling unit, for this Chapter, does not include a guest dwelling that does not have
cooking facilities.
F. "Land Acquisition Cost Per Acre" shall mean the estimated per acre value of vacant
residential land costs in the City as determined by the City Council based upon receipt
sale records or appraisal. The most recent Land Acquisition Cost Per Acre may be
reflected in a City Council Resolution. If the developer objects to such a valuation, the
developer, at its own expense, may obtain an appraisal of the property by a qualified
appraiser approved by the City, whose appraisal may be accepted by the City if found
reasonable.
G. "Mitigation Fee Act" shall mean Section 66000, et seq. of the California Government Code,
as amended from time to time, or any successor statute.
H. "Number of Dwelling Units" shall mean the number of dwelling units as determined by the
City based upon the number of units allowed pursuant to the standards of the City's Zoning
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Code or as otherwise specified by the City on the property included in the proposed
residential development project.
I. "Park and Recreation Mitigation Fees" shall mean fees paid as a condition to the approval
of a residential development project pursuant to this Chapter and the Mitigation Fee Act
for the purpose of defraying all or a portion of the cost of public park and recreational
facilities related to the development project.
J. "Residential development" shall mean any development that creates new or increases the
number of existing dwelling units on a property.
9.56.040 Limited Use of Fees
The revenues raised by payment of these Park and Recreation Mitigation Fees shall be placed in
separate and special impact fund account, in accordance with Section 9.56.070, and such
revenues, along with any interest earnings on such separate account, shall be used solely to pay
for the City's future acquisition and construction of parkland and improvements at least partially
allocable to new development, as identified in the Open Space and Conservation Element of the
City's General Plan and any policy, standard, principle or guideline adopted in accordance
therewith.
9.56.050 Park and Recreation Mitigation Fees
A. Calculation.
As a condition of approval for any residential development project, the City shall require
the payment of Park and Recreation Mitigation Fees, which shall be calculated in the same
manner as fees required by Menifee Municipal Code Section 9.55.060(B), on a per
residential unit basis, as follows:
Average .005 LanTotal
Number of Number (5 Acres Acquisition Park and
Dwelling Units X of Persons Per X Per X Cost Per Recreation
Dwelling Unit 1,000 Acre Mitigation
Residents) Fee
B. Amount of Fee.
The amount of the Park and Recreation Mitigation Fees per Dwelling Unit may be adopted
by Resolution of the City Council. The Council may adopt and/or revise the fee amount
as often as on an annual basis. The Council may adopt and/or revise the fee amount as
often as on an annual basis, and in accordance with Government Code Section 66000 et
seq.
C. Exemptions.
The Park and Recreation Mitigation Fees established by this Chapter shall not apply to
residential development that is subject to the dedication of parkland or the imposition of
in-lieu fees, or a combination of both, for park and recreational purposes, as a condition
of approval of a tentative map or parcel map pursuant to Chapter 9.55 of this Code,
adopted in accordance with Government Code section 66477, sometimes referred to as
the Quimby Act.
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9.56.060 Procedure for Imposition and Payment of Park and Recreation Mitigation
Fees
Park and Recreation Mitigation Fees shall be imposed on new residential development project as
a condition of building permit issuance. Prior to the issuance of a Building Permit, the City
Manager or his/her designee shall determine the amount of Park and Recreation Mitigation Fees
to be paid by the developer. Any fee required under this Chapter shall be paid directly to the City
prior to the date of the final inspection of the first dwelling unit, or the date the first certificate of
occupancy is issued, whichever occurs first, unless payment at a different time is mandated or
authorized by Government Code section 66007.
9.56.070 Creation of Park and Recreation Impact Fund
There is hereby established and created a fund of the City entitled "Parks and Recreation Impact
Fund" and all revenues derived from and all monies collected as a Park and Recreation Mitigation
Fee, including accrued interest thereon, shall be deposited in such fund. The Parks and
Recreation Impact Fund is established for the sole purpose of providing monies for the acquisition,
construction, and reconstruction of parkland, playgrounds, community facilities, recreation
facilities and equipment, and other capital purposes needed for providing parks and recreation
services. The Parks and Recreation Impact Fund shall be administered in accordance with
Government Code sections 66000, et seq., including specifically subsections 66001(c)-(e).
9.56.080 Government Code Compliance
Any resolution adopted under Chapter 9.56 of this Code shall be in accordance with the provisions
of Chapter 5 of Division 1 of Title 7 of the California Government Code (commencing with section
66000).
9.56.090 Developments Annexed to the City
Where a proposed residential development lies within an area not currently within the City's
corporate boundaries but intended to be annexed into the City by the developer, the developer
shall pay Parks and Recreation Mitigation Fees in accordance with the City's General Plan and
in accordance with the provisions of this Chapter, and the General Plan shall be amended within
180 days following approval of the annexation.
9.56.100 Exception for Commercial and Industrial Developments
The provisions of this article shall not apply to any industrial or commercial development.
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