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PC14-187Resolution No. 14-187 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 AND AMEND THE MENIFEE MUNICIPAL CODE BY ADDING CHAPTER 9.56 "PARKLAND DEDICATION OR IN -LIEU FEES FOR RESIDENTIAL DEVELOPMENT" 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 NOT REQUIRING A TENTATIVE MAP OR PARCEL MAP, PURSUANT TO THE MITIGATION FEE 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, 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, 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development" 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 of approval for a residential development; 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development" 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, 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 establish a new Chapter 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development' 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 an amendment to the Municipal Code by the addition of a new Chapter 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development"; 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. J. 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development" are in addition to any other fees, charges or taxes that are required by law as a condition of development. 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; and 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: 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 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. 9 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. 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 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, 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development" 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development" 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 any residential development 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. Findings. After considering the proposed Code Amendment (DCA 2014-219), the Planning Commission's recommendations, 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 proposed Code Amendment is consistent with the City of Menifee 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 7. That all Quimby Mitigation Fees shall be administered as follows: A. The Finance Director shall establish a special interest -bearing fund entitled: 1) Mitigation Fees (Park Construction/Improvement) All fees collected pursuant to Chapter 9.56 'Parkland Dedication or In -Lieu Fees For Residential Development' of the Menifee Municipal Code shall be deposited in these funds 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 9.56 'Parkland Dedication or In -Lieu Fees For Residential Development' constructed in the City after the effective date of the ordinance codified in this Chapter 9.56 'Parkland Dedication or In -Lieu Fees For Residential Development'. 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 8. That the City Council establish the following standard, payment, fee, fee exemption and use of fee in association with the proposed new Chapter 9.56 'Parkland Dedication or In -Lieu Fees For Residential Development'. 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 9.56 'Parkland Dedication or In -Lieu Fees For Residential Development' 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development' 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 9.56 "Parkland Dedication or In -Lieu Fees For Residential Development' 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 9. That the City Council adopt a new Chapter 9.56 "Parkland Dedication or In - Lieu Fees For Residential Development' of the Menifee Municipal Code to read as follows: "Chapter 9.56 Parkland Dedication or In Lieu Fee for Residential Development Sections: 9.56.010 Purpose and Findings 9.56.020 Authority 9.66.030 Definitions 9.56.040 Limited Use of Fees 9.56.050 Park and Recreation Mitigation Fees 9.66.060 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 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 and includes a project involving the reconstruction, but not a permit to operate, undertaken for the purpose of development ssuance of a permit for construction or E. "Dwelling unit" shall include each single family dwelling, second dwelling 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 Code or as otherwise specified by the City on the property included in the proposed residential development project. L "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: Number of X Average X .005 X Land = Total Dwelling Units Number (5 Acres Acquisition Park and of Persons Per Per 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 "Parkland Dedication or In -Lieu Fees For Tract or Parcel Map Approval' of this Code, adopted in accordance with Government Code section 66477, sometimes referred to as the Quimby Act. 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). 9.66.080 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." Section 10. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution. Section 11. Effective Date. This Resolution shall become effective upon its adoption. Section 12. 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 12" DAY OF NOVEMBER, 2014. Approved as to form: Ajit T ind, Assistant City Attorney ATTEST: Je fer Allen, Deputy City Clerk Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Counciimember Greg August Counciimember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 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. PC14-187 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12th day of November, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Jighnifer Allen, Planning Commission Secr ary