2021-04-07 City Council Item No. 11.1 Redline Resolution REGULAR MEETING - Additional Meeting MaterialsRESOLUTION NO. 2021-____
A RESOLUTION OF THE CITY OF MENIFEE TO AMEND AND REPLACE RESOLUTION NO.
08-45 ESTABLISHING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE APPLICABLE
TO ALL DEVELOPMENTS IN THE PLAN AREA
WHEREAS, the City of Menifee is a member agency of the Western Riverside County
Regional Conservation Authority (“RCA”), a joint powers agency comprised of the County of
Riverside and the 18 cities located in western Riverside County; and
WHEREAS, the member agencies of RCA recognized that a habitat conservation plan is
necessary to provide special protections for vegetation communities and natural areas containing
habitat values to prevent future endangerment of the plant and animal species impacted by new
development in western Riverside County; and
WHEREAS, in order to address these issues, the member agencies formulated a plan
called the Western Riverside County Multiple Species Habitat Conservation Plan (the “MSHCP”),
whereby a mitigation fee would be assessed on new development and would be used to fund the
implementation of the MSHCP; and
WHEREAS, in furtherance of the MSHCP, the City is approving and adopting the updated
“Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study,” dated
October 2020 (the “2020 Nexus Study”) attached hereto and incorporated herein by this reference
as Exhibit “A;” and
WHEREAS, based on the 2020 Nexus Study, the City adopted Ordinance 2021-____ on
April 7, 2021 (the “2021 Local Development Mitigation Fee Ordinance”) pursuant to California
Government Code section 66000 et seq. authorizing the County to impose the Local Development
Mitigation Fee upon new development; and
WHEREAS, section 4.A.Section 8.27.010.A of the 2021 Local Development Mitigation
Fee OrdinanceCity of Menifee Municipal Code authorizes the City to adopt an applicable Local
Development Mitigation Fee schedule by resolution; and
WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the
public facilities described or identified in the 2020 Nexus Study; and
WHEREAS, the levying of Local Development Mitigation Fee has been reviewed by the
City Council and staff in accordance with the California Environmental Quality Act (“CEQA”) and
the State CEQA Guidelines and it has been determined that the adoption of this resolution is
exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and
Sections 15273 and 15378(b)(4) of the State CEQA Guidelines; and
WHEREAS, this resolution will become effective on July 1, 2021.
NOW, THEREFORE, the City Council of the City of Menifee does resolve as follows:
SECTION 1. Findings. The City Council finds and determines as follows:
A. The preservation of vegetation communities and natural areas within western
Riverside County which support species covered by the MSHCP is necessary to protect and
promote the health, safety, and welfare of all the residents of the City by reducing the adverse
direct, indirect, and cumulative effects of urbanization and development and providing for
permanent conservation of habitat for species covered by the MSHCP.
B. It is necessary to establish a mitigation fee to ensure that all new developments
within the City pay their fair share of the costs of acquiring and preserving vegetation communities
and natural areas within the City and the region known to support plant and wildlife species
covered by the MSHCP.
C. A proper funding source to pay the costs associated with mitigating the direct,
indirect and cumulative impacts of development to the natural ecosystems within the City, and
the region, as identified in the MSHCP, is a development impact fee for residential, commercial,
and industrial development. The amount of the fee is determined by the nature and extent of the
impacts from the development to the identified natural ecosystems and or the relative cost of
mitigating such impacts.
D. The MSHCP and the 2020 Nexus Study, a copy of which is on file in the City Clerk’s
office, provides a basis for the imposition of development impact fees on new construction.
E. The use of the development impact fees to mitigate the impacts to the City’s and
the region’s natural ecosystems is reasonably related to the type and extent of impacts caused
by development within the City.
F. The costs of funding the proper mitigation of natural ecosystems and biological
resources impacted by development within the City and the region are apportioned relative to the
type and extent of impacts caused by the development.
G. The facts and evidence provided to the City establish that there is a reasonable
relationship between the need for preserving the natural ecosystems in the City and the region,
as defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural
ecosystems and biological resources created by the types of development on which the fee will
be imposed, and that there is a reasonable relationship between the fee’s use and the types of
development for which the fee is charged. This reasonable relationship is described in more detail
in the MSHCP and the 2020 Nexus Study.
H. The cost estimates for mitigating the impact of development on the City and the
region’s natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable
and will not exceed the reasonably estimated total of these costs.
I. The fee set forth herein does not reflect the entire cost of the lands which need to
be acquired in order to implement the MSHCP and mitigate the impact caused by new
development. Additional revenues will be required from other sources. The City Council finds that
the benefit to each development project is greater than the amount of the fee to be paid by the
project.
J. The fees collected pursuant to this Resolution shall be used to finance the
acquisition and perpetual conservation of the natural ecosystems and certain improvements
necessary to implement the goals and objectives of the MSHCP.
SECTION 2. Local Development Mitigation Fee. There is hereby adopted the Local
Development Mitigation Fee schedule as set forth below:
MSHCP Local Development Mitigation Fee Schedule
Effective July 1, 2021 through December 31, 2021
Fee Category Fee
Residential density less than 8.0 dwelling
units per acre (fee per dwelling unit)
$2,935
Residential density between 8.0 and 14.0
dwelling units per acre (fee per dwelling unit)
$1,473
Residential density greater than 14.0 dwelling
units per acre (fee per dwelling unit)
$670
Non-Residential/Commercial (fee per acre) $11,982
Industrial (fee per acre) $11,982
MSHCP Local Development Mitigation Fee Schedule
Effective January 1, 2022
Fee Category Fee
Residential density less than 8.0 dwelling
units per acre (fee per dwelling unit)
$3,635
Residential density between 8.0 and 14.0
dwelling units per acre (fee per dwelling unit)
$1,515
Residential density greater than 14.0 dwelling
units per acre (fee per dwelling unit)
$670
Non-Residential/Commercial (fee per acre) $16,358
Industrial (fee per acre) $16,358
SECTION 3.4. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set
forth above may be periodically reviewed and the amounts adjusted as set forth in the MSHCP
Mitigation Fee Implementation Manual adopted pursuant to the Local Development Mitigation Fee
Ordinance.
SECTION 5.4. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment
mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the
Local Development Mitigation Fee established by Ordinance 2021-____ as set forth in the
MSHCP Mitigation Fee Implementation Manual adopted pursuant to the Local Development
Mitigation Fee Ordinance.
SECTION 5.6. Adoption of 2020 Nexus Study. The City Council hereby adopts the 2020 Nexus
Study and its findings.
SECTION 6.7. CEQA Findings. The City Council hereby finds that in accordance with CEQA and
the State CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to
Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and
15378(b)(4) of the State CEQA Guidelines.
SECTION 7.8. Severability. This Resolution and the various parts, sections, and clauses thereof
are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is
adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby.
If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any
person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall
affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or
entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs,
sections, or clauses of this Resolution, or its application to other persons or entities. The City of
Menifee hereby declares that this Resolution would have been adopted had such unconstitutional
or invalid part, sentence, paragraph, section, or clause of this Resolution not been included
herein, or had such person or entity been expressly exempted from the application of this
Resolution.
If the fees collected for the conservation of the land, including the monitoring and management
thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction
to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted under the
prior 2003 Local Development Mitigation Fee Nexus Study and the corresponding Ordinance
No. 810.2, shall each be revived and shall continue for the life of the MSHCP.
SECTION 8.9. Effective Date. This Resolution shall become effective on July 1, 2021.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2021.
By: _______
Bill Zimmerman, Mayor
ATTEST:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney