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PC16-266Resolution No. PC 16-266 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 9.55 (PARKLAND DEDICATION OR QUIMBY FEE REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT REQUIRING A TENTATIVE MAP OR PARCEL MAP) TO THE MENIFEE MUNICIPAL CODE TO ADD SECTION 9.55.115 TO ALLOW CREDIT FOR EXCESS PARK DEDICATION (DCA 2016-097) 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 ("City Council" or "City," as applicable) 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 66477 (also known as the "Quimby Act") authorizes the legislative body of a city to, by ordinance, require the dedication of land or payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any tentative map; and Whereas, the Open Space and Conservation Element of the General Plan, adopted by the City Council 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, through the adoption of the General Plan and its background documents, the 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, through the adoption of Ordinance No. 2014-160, the City Council added Chapter 9.55 to the Menifee Municipal Code to 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 tract 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, if adopted, the proposed Development Code Amendment (DCA 2016-097) set forth in Exhibit 'A" attached hereto, would not impose new parkland dedication and Quimby Fee requirements beyond the requirements that have already been established and imposed through the adoption of Ordinance No. 2014-160 (adding Chapter 9.55 to the Menifee Municipal Code) and City Council Resolution No. 15-406 (establishing the amount of Quimby Fees); and Whereas, if adopted, the proposed Development Code Amendment (DCA 2016-097) would merely add a new section to Chapter 9.55 of the Menifee Municipal Code to allow a subdivider to receive credit for excess park dedications under certain circumstances; and Whereas, with the proposed Development Code Amendment (DCA 2016-097), Chapter 9.55 of the Menifee Municipal Code would continue to contain 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, pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, the proposed Development Code Amendment (DCA 2016-097) does not require additional review under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQK) because the proposed amendments to the Municipal Code are within the scope of the project covered by the Environmental Impact Report for the City's General Plan (State Clearinghouse No. 2012071033); and Whereas, because the proposed Development Code Amendment (DCA 2016-097) 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, the Parks, Recreation and Trails Commission reviewed the proposed code amendment (in concept only) at its regular meeting on April 7, 2016, and after considering all relevant public testimony as well as all materials in the staff report and accompanying documents, the Parks, Recreation and Trails Commission recommended to the City Council approval of the proposed code amendment; and Whereas, on April 26, 2016, the proposed Development Code Amendment (DCA 2016- 097) 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 May 11, 2016; and Whereas, on May 11, 2016, the Planning Commission held a duly noticed public hearing to receive public testimony on the the proposed Development Code Amendment (DCA 2016-097) and the recommended Notice of Determination and to appraise all relevant information pertaining thereto, and considered all public testimony as well as all materials in the staff report and accompanying documents; and Whereas, at the May 11, 2016 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 continues to be a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. B. There continues to be a need for fees to serve future development in the City without placing a burden on existing resources. C. The General Plan and its background documents contain specific policies and standards for parks and recreation facilities. D. The dedicated land and/or in -lieu fees will continue 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. E. The revenue from the impact fees will continue to 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. F. 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, at the May 11, 2016, Planning Commission public hearing, based upon the materials in the staff report and accompanying documents and public comments, the Commission considered the requirements of CEQA with regard to the possible impacts the proposed Development Code Amendment (DCA 2016-097) may have upon the environment, and the Amendment's consistency with the Environmental Impact Report adopted for the City's newly adopted General Plan, and its findings are set forth in Section 3 of this Resolution; and Whereas, the Planning Commission also considered whether the proposed Development Code Amendment (DCA 2016-097) is consistent with the Goals and Policies of the City's adopted General Plan, and its findings are set forth in Section 4 of this Resolution. Now, therefore, the City of Menifee Planning Commission recommends the following: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. The Planning Commission has read and considered the proposed amendments to Chapter 9.55 of the Menifee Municipal Code (Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map) referred to herein as "Development Code Amendment (DCA 2016-097)," as set forth in Exhibit "A". Section 3. CEQA. For the reasons detailed in the proposed Notice of Determination and the above recitals, the Planning Commission recommends the City Council find that pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, the proposed Development Code Amendment (DCA 2016-097) does not require additional review under the CEQA because, pursuant to Section 15162 of Title 14 of the California Code of Regulations: (1) no new effects could occur; (2) no new mitigation measures would be required; and (3) 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 are exempt from further environmental review, and authorize staff to sign and forward the proposed Notice of Determination. Section 4. Findings. After considering the proposed Development Code Amendment (DCA 2016-097), the recommendations of the Parks, Recreation and Trails Commission, staff recommendations, public testimony and correspondence, and reports thereon, the Planning Commission recommends the City Council make the following findings: 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. Specifically, the proposed amendments to the Municipal Code are consistent with the following Goals and Policies of the City's adopted General Plan: 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. 2. The City does not have any adopted specific plans that conflict with the proposed Code Amendment. 3. The proposed Code Amendment is consistent with the requirements of the Menifee Municipal Code regarding the process of amending the Municipal Code. 4. As set forth in more detail in Section 3 of this Resolution and the above recitals, pursuant to 14 C.C.R. § 15168(c)(2), the proposed Code Amendment does not require additional review under CEQA because (1) no new effects could occur; (2) no new mitigation measures would be required; and (3) 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 5. Section 9.55.115 to the Menifee Municipal Code. The Planning Commission recommends the City Council adopt Development Code Amendment (DCA 2016-097) to add a new Section 9.55.115 ("Procedure for Credit of Excess Park Dedication") to Chapter 9.55 ("Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map") to the Menifee Municipal Code as set forth in Exhibit "A." Section 6. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution. Section 7. Effective Date. This Resolution shall become effective upon its adoption. Section 8. 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 11th DAY OFIMAY, Robert F17 Karwin, Chair Attest: nni er Allen, Deputy City Clerk ATTEST: Ajit ThIKET, Assistant City Attorney Scott A. Mann Mayor Greg August Mayor Pro Tern John V. Denver Councilmember Matthew Liesemeyer Councilmember Lesa Sobek Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofrnen!fee.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. PC16-266 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 111h day of May, 2016 by the following vote: Ayes: Doty, Karwin, Madrid, Phillips, Thomas Noes: None Absent: None Abstain: None JePlifer Allen, Deputy City Clerk EXHIBIT A [DCA 2016-0971 Proposed additions are underlined. 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 9.55.020 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 9.55.090 Criteria for requiring Both Dedication and Quimby Fees 9.55.100 Procedure for Making Payment or Dedication 9.55.110 Procedure for Merchant Builders 9.55.115 Procedure for Credit of Excess Park Dedication 9.55.120 Time for Constructing Improvements and Amenities 9.55.130 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. "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. J. "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, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). 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 Number .005 Number of Number of X of Persons Per X (5 Acres Per _ Acres Dwelling Units Dwelling Unit 1,000 to be 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: Average Number .005 Land Total Number of (5 Acres Per X of Persons Per X X Acquisition = Quimby Dwelling Units Dwelling Unit 1,000 Cost Per Acre Fee Residents) 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: 1. 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. 7. 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. 9.55.115 Procedure for Credit of Excess Park Dedication A. Where park and recreation facilities have been dedicated by requirements of the City in excess of this Chapter's requirements, the subdivider mav, at the discretion of the City, be given up to one hundred percent (100%) credit for the excess on subsequent proiects within the approved nexus radius to the project site. Whether "banked" park credit may be used for subsequent projects is subiect to the following criteria as determined by the City Manager for the City of Menifee or his/her designee, at the recommendation of the Parks, Recreation & Trails Commission: "Banked" park credit may be applied to development projects within a two (2) mile radius of the center of the originating project site. Exceptions to the two (2) mile radius requirement may be made if an applicant demonstrates the originating proiect's park dedication (i.e., the park dedication for which credits were "banked") will provide a larger regional benefit that exceeds the needs of the originating project's residents. To be eligible for this exception, an applicant must also demonstrate that the originating project's park dedication will provide a benefit to the residents of the project for which the "banked" park credits will be applied. 2. Unless renewed for an additional term, "banked" park credits shall expire ten 0 0) years after the date they are approved by the City Manager or his/her designee. Prior to the expiration of the previous term, the City Manager or his/her designee, at the recommendation of the Parks, Recreation & Trails Commission, mav renew "banked" park credits for an additional term of up to five (5) years. "Banked" park credits shall only be renewed for an additional term if they continue to meet all of the criteria set forth in this Section. 3. "Banked" park credit may only be transferred upon proof on conveyance by written agreement in a form acceptable to the City Attorney or his/her designee. 4. "Banked" park credit may not be exchanged for a cash refund from 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 1. 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.