PC14186Resolution No. 14-186
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT THE
CITY COUNCIL FIND THAT CODE AMENDMENT DCA 2014-219 IS EXEMPT
FROM ENVIRONMENTAL REVIEW, REPEAL SECTION 10.35 OF RIVERSIDE
COUNTY LAND USE ORDINANCE NO. 460.152 AS ADOPTED BY THE CITY
OF MENIFEE AND AMEND THE MENIFEE MUNICIPAL CODE BY ADDING
CHAPTER 9.55 "PARKLAND DEDICATION OR IN LIEU FEE FOR TRACT OR
PARCEL MAP APPROVAL" TO REQUIRE THE DEDICATION OF LAND OR
THE PAYMENT OF FEES IN LIEU THEREOF, OR A COMBINATION OF
BOTH, FOR PARK AND RECREATIONAL PURPOSES AS A CONDITION OF
APPROVAL FOR RESIDENTIAL DEVELOPMENT PROJECTS REQUIRING A
TENTATIVE MAP OR PARCEL MAP, PURSUANT TO THE QUIMBY ACT
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
Whereas, Government Code Section 66000-66008 (Mitigation Fee Act) provides that
the legislative body of a city may, by ordinance, require the improvement or construction of
"Public Facilities" or impose a requirement of the payment of fees in lieu thereof, or a
combination of both, for park and recreational purposes as a condition of development; and
Whereas, Government Code Section 66477 (Quimby Act) provides that the legislative
body of a city may, by ordinance, require the dedication of land or impose a requirement of the
payment of fees in lieu thereof, or a combination of both, for park and recreational purposes as
a condition of development; and
Whereas, Riverside County Land Use Ordinance No. 460.152 provides regulations
pertaining to the dedication and improvement of land or the payment of fees, or both, by
developers for park and recreation purposes, and was adopted by the City of Menifee (the
"City") upon incorporation; and
Whereas, the City Council has determined that there is a current and immediate need
for the City to repeal Section 10.35 of the Riverside County Land Use Ordinance No. 460.152
as adopted by the City and amend the City of Menifee Municipal Code by adding Chapter 9.55
"Parkland Dedication or In Lieu Fee for Tract or Parcel Map Approval" to comply with current
State law for the purpose of requiring developers to improve and dedicate land or pay fees in
lieu thereof, or a combination of both, for park or recreational purposes as a condition to the
approval of a tentative or parcel map; and
Whereas, the Quimby Act provides that, prior to the legislative body adopting an
ordinance requiring the dedication of land or the payment of fees, or a combination of both, for
park and recreational purposes, the legislative body must have adopted a General Plan or
specific plan containing policies and standards for parks and recreational facilities and the park
and recreational facilities are in accordance with definite principles and standards; and
Whereas, the Open Space and Conservation Element of the General Plan, adopted by
Council action on December 18, 2013, provides that the City shall adopt an ordinance pursuant
to the Quimby Act and that the City shall coordinate with the Community Services, Community
Development and Public Works Departments in the provision of recreational facilities and
activities within the community; and
Whereas, City Council adopted the policies, standards, principals and guidelines for the
acquisition, development and operation of a park and recreation system within the City; and
Whereas, the proposed Code Amendment (DCA 2014-219) (adding Chapter 9.55
"Parkland Dedication or In Lieu Fee for Tract or Parcel Map Approval" to the Menifee Municipal
Code) will require developers to improve and dedicate land for park and recreational purposes,
or pay Quimby Fees, or a combination of both, as a condition to the approval of a residential
development project requiring a tentative map or parcel map; and
Whereas, an ordinance imposing parkland dedication and Quimby Fee requirements
pursuant to the Quimby Act must include definite standards for determining the proportion of
subdivision to be dedicated and the amount of any Quimby Fees based upon a ratio of
residential density (i.e., the number of people expected to reside in the subdivision) to acreage
(i.e., the area of the subdivision); and
Whereas, the proposed Code Amendment (DCA 2014-219) contains definite standards
for determining the proportion of a subdivision to be dedicated for parks and recreational
facilities and the amount of any Quimby Fees; and
Whereas, on November 1, 2014, a Municipal Code Amendment by way of DCA 2014-
219 was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a
public hearing before the City of Menifee Planning Commission scheduled for November 12,
2014; and
Whereas, on November 12, 2014, the Planning Commission held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment by way of
DCA 2014-219, considered all public testimony as well as all materials in the staff report and
accompanying documents to repeal Section 10.35 of Riverside County Ordinance No. 460.152
as adopted by the City of Menifee and establish a new Chapter 9.55 "Parkland Dedication or In
Lieu Fee" within the City of Menifee Municipal Code pertaining to the collection and use of park
and recreation fees within the City of Menifee; and
Whereas, at the November 12, 2014 Planning Commission public hearing, based upon
the materials in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the
environment, and the Amendment's consistency with the Environmental Impact Report adopted
for the City's newly adopted General Plan, considered the effects of repealing Section 10.35 of
Riverside County Ordinance No. 460.152 as adopted by the City of Menifee, and an
amendment to the Municipal Code by the addition of a new Chapter 9.55 "Parkland Dedication
or In Lieu Fee for Tract or Parcel Map Approval"; and
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, at the November 12, 2014 Planning Commission public hearing, based upon
the materials in the staff report and accompanying documents, the Commission considered the
Goals and Policies of the City's adopted General Plan as stated below; and
Goal
OSC-1: A comprehensive system of high quality parks and recreation programs that meets
the diverse needs of the community.
Policy
OCS-1.2 Require a minimum of five acres of public open space to be provided for every 1,000
City residents.
OCS-1.3 Locate and distribute parks and recreational facilities throughout the community so
that most residents are within walking distance (one-half mile) of a public open space.
OCS-1.5 Make parks as safe as possible by promoting the latest developments in facility
design and equipment technology.
OCS-1.7 Ensure that parks and recreational facilities are well -maintained by the responsible
agency.
OCS-1.10 Develop a regional park of at least 25 acres within the City of Menifee.
Goal
OSC-2: A comprehensive network of hiking, biking, and equestrian recreation trails that do
not negatively impact the natural environment or cultural resources
Policies
OCS-2.1 Develop recreational trails for hiking, biking, and equestrian use throughout the City,
making them, to the extent feasible, accessible to people of different neighborhoods, ages, and
abilities.
OCS-2.6 Protect existing equestrian trails, including those in the City's rural neighborhoods,
and encourage connections to new trails in other parts of the City.
Goal
OSC-3: Undisturbed slopes, hillsides, rock outcroppings, and other natural landforms that
enhance the City's environmental setting and rich cultural and historical past and present.
Policy
OCS-3.4 Support the preservation of natural vegetation and rock outcroppings during and
after the construction process.
Whereas, at the November 12, 2014 Planning Commission public hearing, based upon
the materials in the staff report and accompanying documents, the Commission considered the
City's official policy for the preservation and management of open space areas and park
facilities as adopted by the City Council by adopting the Open Space and Conservation Element
of the General Plan, establishing that the Goals and Policies of the "Open Space and
Conservation" Element of the adopted General Plan are met as follows:
A. There is a reasonable relationship between the use of the fees and the need for facilities
of development projects on which they are imposed.
B. There is a need for two types of development fees for parks: fees for in -lieu of park land
dedication and fees for park improvement/construction.
C. There is a need for fees to serve future development in the City without placing a burden
on existing resources.
D. A General Plan has been adopted containing specific policies and standards for parks
and recreation facilities.
E. The dedicated land and/or in -lieu fees are to be used only for the purpose of developing
new or rehabilitating existing neighborhood or community parks or recreational facilities
to generally serve the development paying the fees.
F. The park impact fees apply only to land acquisition in residential developments.
G. The demand factor for each type of residential development is the average population
per unit for that type because the need for parks in a community is almost always based
on population.
H. The total acreage of City -owned park land will be used to determine the existing level of
service for purposes of calculating impact fees for park land acquisition.
I. The improved park acreage will be used to determine the existing level of service for the
calculation of impact fees for park improvements.
The impact fees for other specialized development types should be calculated in the
same way if the need arises.
K. The revenue from the impact fees will be used to expand the availability of public
recreational facilities in the City; through the acquisition or improvement of real property;
or the acquisition, construction, or expansion of parks, open space, and parkways.
L. The fees established by Chapter 9.55 "Parkland Dedication or In Lieu Fee" are in
addition to any other fees, charges or taxes that are required by law as a condition of
development.
Whereas, because the proposed Code Amendment (DCA 2014-219) includes
amendments to Title 9 of the Menifee Municipal Code (Planning and Zoning), it has been
processed pursuant to Government Code Sections 65853 through 65857; and
Whereas, at the November 12, 2014 Planning Commission public hearing, the materials
within the staff report and accompanying documents, as required by Riverside County
Ordinance No. 348 (adopted by the City of Menifee with regard to amendments to the Zoning
Code), illustrate to the Commission that the proposed Code Amendment by way of DCA 2014-
219 is consistent with, conforms to and fulfills the Goals and Policies of the adopted General
Plan as listed above.
Now, therefore, the City of Menifee Planning Commission recommends the following:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment by way of DCA No. 2014-219 is exempt from
further environmental review and authorize staff to sign and forward the Notice of Exemption.
Section 2. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2014-219 is consistent with the Goals and Policies of the City's
adopted General Plan as enumerated above.
Section 3. That the City Council of the City of Menifee find 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.
Section 4. That the City Council of the City of Menifee find that with the creation and
adoption of a new Chapter 9.55 "Parkland Dedication or In Lieu Fee for Tract or Parcel Map
Approval" for the collection and use of Quimby Parkland Mitigation Dedication or Fee for the
City of Menifee shall illustrate that Riverside County Ordinance No. 460.152, Section 10.35, as
adopted by the City of Menifee as part of the Menifee Municipal Code, is no longer needed and
therefore it shall be repealed and of no further force or effect.
Section 5. That the purpose of the proposed Ordinance is to enact Chapter 9.55
"Parkland Dedication or In Lieu Fee" to provide the City with the authority to require developers
to improve and/or construct public facilities and dedicate land or pay fees in lieu thereof, or a
combination of both, for park or recreational purposes as a condition to the approval of a
tentative tract or parcel map approval and to provide definite standards for determining the
proportion of a development to be dedicated and the amount of any fee to be paid in lieu
thereof.
Section 6. That all Quimby Mitigation Fees shall be administered as follows:
A. The Finance Director shall establish special interest -bearing fund entitled:
1) Quimby Fees (Park In-Lieu/Land Acquisition)
All fees collected pursuant to Chapter 9.55 "Parkland Dedication or In Lieu Fee for Tract or
Parcel Map Approval" of the Menifee Municipal Code shall be deposited in this fund and
shall be expended on the availability of park and recreation assets in the City.
B. A fee is imposed in the amounts established by Council Resolution and shall be applicable
to every dwelling unit as defined in Chapter 9.55 "Parkland Dedication or In Lieu Fee for
Tract or Parcel Map Approval" constructed in the City after the effective date of the
ordinance codified in this Chapter 9.55 "Parkland Dedication or In Lieu Fee for Tract or
Parcel Map Approval"
The money collected under this Ordinance shall be used only for the purpose of providing park
and recreational facilities and improvements reasonably related to serving the citizens living in
the proposed development by way of the purchase of necessary land, and/or if it is deemed by
the City Council that there is sufficient park land available for the development, for improving
and maintaining such land for park and recreational purposes.
Section 7. That the City Council establish the following standard, payment, fee, fee
exemption and use of fee in association with the proposed new Chapter 9.55 'Parkland
Dedication or In Lieu Fee for Tract or Parcel Map Approval'.
Park Acreage Standard. The imposition of Quimby/Mitigation Fees is necessary to
provide funding for the acquisition and/or development of new parks and the expansion and/or
improvement (including rehabilitation) of existing parks to provide adequate parks and trails
benefitting the development upon which the fee is imposed. The amount of the
Quimby/Mitigation Fee is to be calculated based upon the following adopted minimum
standards: that the public interest, convenience, health, welfare and safety requires the
provision of five (5.0) acres of property for each 1,000 persons residing within the City which
shall be devoted to neighborhood and community parks.
Payment. The fee imposed by Chapter 9.55 'Parkland Dedication or In Lieu Fee for
Tract or Parcel Map Approval' shall be due and payable upon issuance of a Building Permit or
issuance of a Certificate of Occupancy, whichever occurs first; unless otherwise pre-empted by
State regulations.
Fees. The fees to be paid as required by Chapter 9.55 'Parkland Dedication or In Lieu
Fee for Tract or Parcel Map Approval' shall be set by resolution of the City Council.
Fee Exemptions. In the event that a development project is found to have no impact on
facilities for which Quimby/Mitigation fees are charged, such project must be exempted from the
fees.
Use Of Fees. The City Council finds that there are established Quimby/Mitigation fee
funds where all sums collected pursuant to Chapter 9.55 'Parkland Dedication or In Lieu Fee for
Tract or Parcel Map Approval' shall be deposited and shall be used to expand on the availability
of parkland and recreational facilities and assets in the City to serve new development. Those
public facilities and other assets are identified in the 2014 Development Impact Fee Study
and/or the City of Menifee Parks, Trails, Open Space, and Recreation Master Plan as adopted
by the City Council and as may be amended from time to time and in accordance with the
Capital Improvements Program as may be approved and adopted by the City Council.
Section 8. That the City Council adopt a new Chapter 9.55 'Parkland Dedication or In
Lieu Fee for Tract or Parcel Map Approval' of the Menifee Municipal Code to read as follows:
"Chapter 9.55 Parkland Dedication or Quimby Fee Requirements for Residential
Development Requiring a Tentative Map or Parcel Map
Sections:
9.55.010 Purpose and Findings
9.65.020 Authority
9.55.030 Definitions
9.55.040 Parkland Dedication Standard
9.55.050 Parkland Dedication and/or Quimby Fee Requirements
9.55.060 Formulas for Calculating Amount of Parkland Dedication and/or
Quimby Fees
9.55.070 Public Improvements on Dedicated Parkland
9.55.080 Criteria for Requiring Combination of Parkland Dedication and
Quimby Fees
9.65.090 Criteria for requiring Both Dedication and Quimby Fees
9.65.100 Procedure for Making Payment or Dedication
9.56.110 Procedure for Merchant Builders
9.55.120 Time for Constructing Improvements and Amenities
9.56.130 Developments Annexed to the City
9.55.140 Exception for Commercial and Industrial Developments
9.55.010 Purpose and Findings
A. Purpose
This Chapter is adopted to implement the provisions of the Quimby Act, which authorize a city to
require the dedication of land for park or recreation facilities, or payment of fees in -lieu thereof
(or a combination of both), incident to and as a condition of approval for a tentative map or
parcel map.
The park and recreational facilities for which dedication of land and/or payment of a fee in -lieu
thereof is required by this Chapter are in accordance with the Open Space and Conservation
Element of the General Plan of the City, and shall supersede any previously adopted plan to the
extent of any inconsistency.
The land, fees, or combination thereof that are dedicated pursuant to this Chapter are to be
used only for the purposes of developing new or rehabilitating existing neighborhood or
community park or recreational facilities to serve the subdivision that prompts the dedication,
and the amount and location of land to be dedicated or the fees to be paid will bear a
reasonable relationship to the use of the park and recreational facilities by future inhabitants of
the subdivisions subject to this Chapter.
B. Findings
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 prevents 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.
9.55.020 Authority
This Chapter is enacted pursuant to the authority granted by the Quimby Act.
9.55.030 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. "Dwelling unit" shall include each single family dwelling, multifamily dwelling, 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.
D. "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 subdivider objects to such a valuation, the
subdivider, 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.
E. "Merchant Builder" shall mean an individual, company, partnership, corporation or similar
entity that obtains land previously subdivided for the purpose of constructing new
residential units upon the subdivided land.
F. "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 Code or as otherwise specified by the City on the property included in the
subdivision at the time the tentative map or parcel map is filed for approval.
G. "Park Development Agreement" shall mean an agreement entered pursuant to Section
9.55.130 of this Chapter.
H. "Quimby Act" shall mean Section 66477 of the California Government Code, as
amended from time to time, or any successor statute.
I. "Quimby Fees" shall mean fees paid as a condition to the approval of a tentative map or
parcel map pursuant to this Chapter and the Quimby Act in lieu of dedicating land to the
City for park and recreational purposes.
"Residential development" shall mean any development that creates new or increases
the number of existing dwelling units on a property.
K. "Subdivision Map Act" shall mean Section 66410, et seq. of the California Government
Code, as amended from time to time, or any successor statute.
9.55.040 Parkland Dedication Standard
All standards for park dedication shall comply with the Quimby Act, the California Subdivision
Map Act, and the Open Space and Conservation Element of the City's General Plan. The
dedication of land and/or Quimby Fees for park or recreational purposes shall be at the rate of
five (5) acres per 1,000 residents.
9.55.050 Parkland Dedication and/or In -Lieu Fee Requirements
As a condition of approval of any tentative map or parcel map, the City shall require the
dedication of land and/or improvements/amenities, or payment of a fee in -lieu thereof, or a
combination of both, at the option of the City, for park or recreational purposes to serve the
future residents of the subdivided property.
A. This requirement shall apply to all residential subdivisions, except those exempted by
the Quimby Act.
B. Except as provided in subsection (C), below, if the proposed subdivision contains fifty
(50) parcels or less, the subdivider shall not be required to dedicate any land for park
and recreational purposes without his or her consent, but shall pay a fee in accordance
with Section 9.55.060(B), below.
C. When a condominium, stock cooperative,
(50) dwelling units, dedication of land ma
of parcels may be less than fifty (50).
or community apartment project exceeds fifty
be required notwithstanding that the number
D. Notwithstanding the requirement in this Section that fees be used to serve the
subdivision for which the fees were paid, fees may be used for the purpose of
developing new or rehabilitating existing park or recreational facilities in a neighborhood
other than the neighborhood in which the subdivision for which fees were paid as a
condition to the approval of a tentative map or parcel map is located, if all of the
following conditions are met:
a. The neighborhood in which the fees are to be expended has fewer than three
acres of park area per 1,000 members of the neighborhood population.
b. The neighborhood in which the subdivision for which the fees were paid has a
park area per 1,000 members of the neighborhood population that meets or
exceeds the ratio calculated pursuant to this Chapter.
c. The City Council holds a public hearing before using the fees pursuant to this
Chapter, and at that public hearing, makes a finding supported by substantial
evidence that it is reasonably foreseeable that future inhabitants of the
subdivision for which the fee is imposed will use the proposed park and
recreational facilities in the neighborhood where the fees are used.
d. The fees shall be used within the geographic boundaries of the City, so long as a
reasonable relationship can be demonstrated between the location of the use of
the fees and the subdivision for which the fees were paid.
e. The fees shall be used in a manner consistent with the Open Space and
Conservation Element of the City's General Plan and any policy, standard,
principle or guideline adopted in accordance therewith.
9.55.060 Formulas for Calculating Amount of Parkland Dedication and/or Quimby
Fees
A. Formula for calculating the "Dedication of Land": Where the requirements of this
Chapter are complied with solely on the basis of providing parkland, the minimum
amount of land measured in acres to be provided shall be based on:
Average .005 Number of
Number of X Number X (5 Acres Per _ Acres
Dwelling Units of Persons Per 1,000 to be
Dwelling Unit Residents) Dedicated
Whenever land is dedicated pursuant to this Chapter, the subdivider shall provide the
public improvements, as set forth in Section 9.55.070 of this Chapter.
B. Formula for calculating the fee amount "Quimby Fees": Where the requirements of this
Chapter are solely complied with on the basis of the payment of in -lieu fees, such fees
shall be calculated, on a per residential unit basis, as follows:
X of Persons Per X
Average Number .005 Land Total
Number of (5 Acres Per Acquisition Quimby
X —
Dwelling Units Dwelling Unit 1,000 Cost Per Fee
Residents) Acre
The amount of the Quimby 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.
C. Formula for calculating a combination of Dedicated Land and Quimby Fees: Where
the requirements of this Chapter are complied with by both the provision of parkland and
payment of Quimby Fees, the amount of the Quimby Fees shall be computed by
determining the required amount of parkland in accordance with the provisions of
subsection (A) and subtracting the amount of parkland actually provided. The remainder
shall be converted to a fee in accordance with the provisions of subsection (B).
9.55.070 Public Improvements on Dedicated Parkland
The subdivider shall provide utility and full street improvements consistent with the Circulation
Element of the adopted General Plan, including but not limited to curbs, gutters, sidewalks,
street paving, sewer, water and drainage improvements. The full cost of such improvements
shall be borne by the subdivider and shall not be deducted from or credited against any fees or
other amounts due the City under this Chapter or otherwise. The land to be dedicated and
improvements to be made pursuant to this Chapter shall be approved by the City.
9.55.080 Criteria for Requiring Combination of Parkland Dedication and Quimby
Fees
For subdivisions exceeding fifty (50) parcels, the subdivider shall both dedicate land and pay
Quimby Fees on the following basis:
A. General Plan requirements. When only a portion of the subdivision is proposed for a
future park site(s) in conformance with this Chapter, such portion shall be dedicated to
the City for park and recreational purposes pursuant to the dedication standards set forth
in Section 9.55.040, and any remaining parkland dedication requirements shall be
satisfied through Quimby Fees computed pursuant to Section 9.55.060(C).
B. Remainder dedications. When a major portion of a park or recreational site/facility
serving the proposed subdivision has already been acquired by the City, and only a
portion of additional land is needed from the subdivision to complete the site/facility,
such remaining portion shall be dedicated to the City pursuant to the standards set forth
in Section 9.55.040, and any remaining parkland dedication requirements shall be
satisfied through Quimby Fees computed pursuant to Section 9.55.060(C). Such fees
may be used for either the improvement of the existing park and recreational site/facility
or for the improvement of other park and recreational sites/facilities serving the
subdivision at the sole discretion of the City.
9.55.090 Determination as to Requirement for Fee or Dedication
A. Whether the City accepts land dedication or elects to require payment of Quimby Fees,
or a combination of both, shall be determined by consideration of the following:
Reasonable Relationship. That the amount and location of land to be dedicated
or the fees to be paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the subdivision.
2. Compatibility. Compatibility of dedication with the Open Space and Conservation
Element of the City's General Plan and any policy, standard, principle or
guideline adopted in accordance therewith.
3. Physical characteristics. Topography, geology, access and location of land in the
development available for dedication.
4. General suitability. Suitability for patrol, supervision and maintenance.
5. Geographic dimensions. Size and shape of the development and land available
for dedication.
6. Feasibility. The feasibility of dedication.
Alternative and additional parkland in the vicinity. Availability of previously
acquired park property.
B. The determination of the Planning Commission upon the recommendation of the Parks,
Recreation and Trails Commission, as to whether land shall be dedicated or whether
Quimby Fees shall be paid, or a combination of both, shall be final and conclusive,
unless timely appealed to the City Council pursuant to Section 2.20.150 "Appeal
Procedures' of the Menifee Municipal Code.
9.55.100 Procedure for Making Payment or Dedication
A. Application by Subdivider.
At the time of filing a tentative map or parcel map application, the subdivider shall, as
part of such filing, state in writing whether it desires to dedicate property for park and
recreational purposes, or to pay Quimby Fees, or a combination of both. If the
subdivider desires to dedicate land for this purpose, the area shall be designated on
the tentative tract map or parcel map as submitted.
B. Action of City.
At the time of the tentative tract map or parcel map approval and in accordance with
the criteria set forth in this Chapter, the Quimby Act, the California Subdivision Map
Act, the Open Space and Conservation Element of the City's General Plan and any
policy, standard, principle or guideline adopted in accordance therewith, the City
shall determine as part of such approval, whether to require a dedication of the land
within the subdivision, payment of Quimby Fees, or a combination of both. The
conditions of approval of any applicable tentative map or a parcel map shall require
the dedication of land, the payment of Quimby Fees, or a combination of both for
park and recreational purposes to serve the future inhabitants of the subdivision. If
the land is to be dedicated, the proposed dedication shall be shown on the approved
tentative map or parcel map.
C. Payment of In -Lieu Fees.
Prior to the issuance of a building permit, the City Manager or his/her designee shall
determine the amount of land to be dedicated and/or Quimby Fees to be paid by the
subdivider. Any fee required under this Chapter shall be paid directly to the City prior
to the issuance of the first certificate of occupancy of any dwelling unit in the
subdivision. The fees shall be placed in a specially designated fund and are used
only for the acquisition and development of new, or improvement and/or
rehabilitation of existing, park and recreational facilities. Any fees collected under
this Chapter shall be committed within five years after the payment of such fees or
the issuance of building permits on one half of the lots created by the subdivision,
whichever occurs later. If such fees are not committed, they shall be distributed and
paid to the then record owners of the subdivision in the same proportion that the size
of their lot bears to the total area of all lots within the subdivision.
D. Dedication of Parkland.
A dedication of parkland shall be made prior to the recordation of any applicable
tentative map or parcel map. Where dedication is offered and accepted, such
dedication shall be accomplished in accordance with the provisions of the
Subdivision Map Act. All land dedicated to the City shall be conveyed in fee simple
to the City free and clear of all encumbrances except those which will not interfere
with the use of the property for its intended purposes and which the City agrees to
accept.
9.55.110 Procedure for Merchant Builders
A. When a proposed subdivision is a part of a major land development project, and the
owner of such land proposes to permit development by one or more merchant
builders, provisions for park and recreational facilities shall be made by the major
landowner through the adoption of a comprehensive plan and not by the individual
merchant builders. Where park and recreation facilities have been dedicated by
requirements of the City in excess of this Chapter's requirements, the major
landowner may, at the discretion of the City, be given one hundred percent (100%)
credit for the excess on subsequent projects within the adopted comprehensive plan.
B. For the purpose of this Chapter, a major land development project shall be a land
development project exceeding forty (40) acres in size.
C. Where development is proposed for construction in increments, a schedule for
providing the park and recreation facilities shall be submitted for consideration by the
City. All park facilities shall be developed consistent with any schedule approved by
the City.
9.55.120 Time for Constructing Improvements and Amenities
A. A subdivider and the City may enter a Park Development Agreement that provides a
schedule for the initiation, planning, design, construction, installation, completion
and, where appropriate, dedication of any park and recreational improvements
and/or amenities required by this Chapter. A Park Development Agreement shall:
1. Clearly state the intent of the Agreement is to establish a means to assure
that park and recreational improvements and/or amenities are provided to the
residents of the subdivision as required by this Chapter;
2. Specify the timing of the development of these improvements and/or
amenities in relation to the development of residential dwelling units;
3. Provide sufficient surety to guarantee that the improvements and/or amenities
are completed and ready for public use within the timeframes specified in the
Agreement; and
4. Provide that failure to comply with any deadline for the development of the
improvements and/or amenities shall halt the issuance of building permits
and suspension of all building inspections for residential dwelling units within
the subdivision.
B. In the absence of a Park Development Agreement, all park and recreational
improvements and/or amenities required by this Chapter shall be constructed,
installed, completed and ready for public use prior to the earlier of
The issuance of the first certificate of occupancy for any residential dwelling
unit within the subdivision; or
2. The final building inspections for any residential dwelling unit within the
subdivision.
9.55.130 Developments Annexed to the City
Where a proposed development lies within an area not currently within the City's corporate
boundaries but intended to be annexed into the City by the subdivider, the subdivider shall
dedicate land, pay Quimby Fees, or a combination of both, 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.
9.55.140 Exception for Commercial and Industrial Developments
The provisions of this article shall not apply to any industrial or commercial development."
Section 9. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Resolution.
Section 10. Effective Date. This Resolution shall become effective upon its adoption.
Section 11. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications and, to this end, the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED THIS 121h DA)
Approved as to form:
Ajit Thind, Assistant City Attorney
ATTEST:
J nifer Allen, Deputy City Clerk
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC14-186 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
121h day of November, 2014 by the following vote:
Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes: None
Absent: None
Abstain: None
Jennifer Allen, Plannin�Commi�ssln ecretary