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.