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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