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