16-519CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 8
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case
may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the
City Council for the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot on behalf
of Foothill Arch, LLC, the entity named as the sole landowner of the land within the boundary of
the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 21, 2016, and on file in the office of the City Clerk of the City in
connection with the City Council actions on that date. Copies of the completed waiver and
consent form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.
Qualified Landowner Votes Votes Cast YES NO
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on June 1, 2016.
Sarah Manwaring
City Clerk City of Menifee
By:
(Attach completed copies of Waiver/Consent and Ballot)
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ORDINANCE NO. 2016-192
AN ORDINANCE AMENDING ORDINANCE NO. 2015-173 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2017-18 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,
PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND MAINTENANCE OF STORM DRAINAGE
SYSTEMS, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on May 20, 2015,
the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 15-440 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee,
County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are
necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on June 3, 2015, the City Council adopted Ordinance No. 2015-173 entitled, “An Ordinance
Levying Special Taxes to be Collected During Fiscal Year 2015-16 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the
Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2015-2
(Maintenance Services)” (“Ordinance No. 2015-173”), pursuant to which the City Council levied special taxes with the CFD No. 2015-2; and
WHEREAS, on April 20, 2016, the City Council adopted Resolution No. 16-505 entitled “A Resolution of
the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2015-2 (Maintenance Services) of the City Of Menifee, Adopting a Map of the Area to be
Proposed to be Annexed (Annexation No. 8) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2015-2 and to
levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for June1, 2016; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to
annex certain territory to the CFD No. 2015-2, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and
WHEREAS, on June 1, 2016, at the time and place specified in said published notice, the City Council
opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services by the CFD
No. 2015-2; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of
Services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 16-518 entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified
Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2015-2 (Maintenance Services) (Annexation No. 8)” (the “Resolution Calling the
Election”) on June 1, 2016, wherein the City Council submitted the question of levying a special tax in
Ordinance No. 2016-192 Date Adopted: June 15, 2016 Page 1 of 3
107
territory proposed to be annexed to the CFD No. 2015-2 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on June 1, 2016, the qualified electors of the territory proposed to be
annexed to the CFD No. 2015-2 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 16-519 entitled
“A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held On June 1, 2016, and Ordering the Annexation of Territory to Community Facilities District No. 2015-2
(Maintenance Services) (Annexation No. 8),” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2015-2 (such territory being referred to herein as
“Annexation No. 8”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Amendment to Exhibit B of Ordinance No. 2015-173. Exhibit B of Ordinance No. 2015-
173 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 3. Amendment to Section 2 of Ordinance No. 2015-173. Section 2 of Ordinance No. 2015-173 is hereby amended by deleting it in its entirety and replacing it with the following:
Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2015-16, and each Fiscal Year
thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in
Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said
Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and
shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem
taxes.
Section 4. Future Annexations. The annexation of additional territory into the CFD No. 2015-2 was
contemplated as part of the adoption of Resolution No. 15-440. The boundaries of the territory within which any property may annex to the CFD No. 2015-2 are more particularly described and shown on that
certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on
April 21, 2015 in Book 78 of Maps of Assessment and Community Facilities District, at Page 25, and as Document No. 2015-0159793 in the official records of the County of Riverside. Following a public hearing
and the adoption of resolutions required by the Act for any additional annexations of property within said potential annexation area, Revised Exhibit B of Ordinance No. 2015-173 shall be further amended to
include any additional territory annexed to the CFD No. 2015-2. The City Council hereby authorizes and directs the officers, employees, and agents of the City to take all actions and do all things which they, or
any of them, may deem necessary or desirable to accomplish the purposes of this Section 4 of this Ordinance to further amend Revised Exhibit B of Ordinance No. 2015-173.
Section 5. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2015-2, by a court of
Ordinance No. 2016-192 Date Adopted: June 15, 2016 Page 2 of 3
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competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2015-2 shall not be affected.
Section 6. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to
be published at least once in a newspaper of general circulation published and circulated in the City and the CFD No. 2015-2.
Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2015-173
and Section 2 of Ordinance No. 2015-173 will be amended as described herein.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 15th
day of June, 2016 by the following vote: ATTEST: APPROVED:
Sarah Manwaring, City Clerk Scott A. Mann, Mayor
APPROVED AS TO FORM:
Jeff T. Melching, City Attorney
Ordinance No. 2016-192 Date Adopted: June 15, 2016 Page 3 of 3
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EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (and may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for
public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space,
which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of
irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space;
maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to
improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this Resolution of Intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded
from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory
of CFD No. 2015-2 before CFD No. 2015-2 was created.
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REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2017-18
(Effective as of July 15, 2016)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor Parcel Number
Original Formation Menifee Heights Inv., LLC 372-080-031
1 Rancon Diamond Brothers, LLC 340-050-024
2 Menifee Auto Care, LLC 340-040-029
3 Halle Properties
Portions of
Parcels 336-380-005, -006, -010 & -011
4 Menifee Lakes Plaza, LLC Original Parent APN – 334-220-042 Current APN - 340-020-065
5
To be Determined To be Determined 6
7
8 Foothill Arch, LLC 364-030-004 and 364-030-005
111
112
113
114
115
116
117
118
119
120
ORDINANCE NO. 2016-193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING 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
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, through the adoption of Ordinance No. 2014-160, the City Council of
the City of Menifee (“City Council” or “City,” as applicable) 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 Code Amendment (DCA 2016-193) 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 Code Amendment (DCA 2016-193) 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 Code Amendment (DCA 2016-193), 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 Code Amendment (DCA 2016-193) 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
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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 Code Amendment (DCA 2016-193) 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, on May 11, 2016, the Planning Commission held a duly noticed public hearing to receive public testimony on the proposed Code Amendment (DCA 2016-193)
and to appraise all relevant information pertaining thereto, and after considering all
relevant public testimony as well as all materials in the staff report and accompanying
documents, the Planning Commission recommended to the City Council approve the
proposed Code Amendment (DCA 2016-193) and recommended that the Council find the proposed Code Amendment (DCA 2016-193) does not require further environmental
review under CEQA; and
WHEREAS, the Parks, Recreation and Trails Commission also reviewed the
proposed Code Amendment (DCA 2016-193) 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 (DCA
2016-193); and
WHEREAS, on June 1, 2016, the City Council held a duly noticed public hearing
to receive public testimony on the proposed Code Amendment (DCA 2016-193) 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
ORDAIN AS FOLLOWS:
Section 1. Recitals.
The above recitals are true and correct and incorporated herein.
Section 2. The City Council has read and considered the proposed
amendments to Chapter 9.55 of the Menifee Municipal Code (Park and Recreation
Mitigation Fees for Residential Development Requiring a Tentative Map or Parcel Map)
referred to herein as “Code Amendment (DCA 2016-193),” as set forth in Exhibit “A”.
Section 3. Findings.
After considering the proposed Code Amendment (DCA 2016-193), the
recommendations of the Parks, Recreation and Trails Commission and Planning
Commission, 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 Quimby Act (Government Code § 66477) because:
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a. The parkland dedication and Quimby Fee requirements only apply to
residential developments that require the approval of a tentative map
or parcel map;
b. With the proposed amendments, Chapter 9.55 of the Municipal Code
continues 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;
c. The Open Space and Conservation Element of the City’s General Plan provides policies and standards for parks and recreational
facilities the dedication and fee requirements will ultimately provide;
d. Unless the City complies with the findings and public hearing
requirements set forth at Government Code Section 66477(a)(3)(B),
the land, fees, or combination thereof (excluding excess park and recreational facilities dedicated at the discretion of the subdivider)
will only be used for the purpose of developing new or rehabilitating
existing park and recreational facilities to serve the residential
development for which the dedication and fee requirements are
imposed;
e. There is a reasonable relationship between the amount and location
of land to be dedicated and/or fees to be paid and the use of the park
and recreational facilities provided by that land and/or those fees by
the future inhabitants of the residential development for which the
dedication and fee requirements were imposed;
f. As set forth in more detail in the Open Space and Conservation
Element of the City’s General Plan, the amount of existing park area
in the City exceeds three acres of park area per 1,000 City residents;
thus, the Quimby Act authorizes the City to require developers to
provide up to five acres of park area (and/or Quimby Fees) per 1,000 subdivision residents, and the parkland dedication and Quimby Fee
requirements in the proposed amendments to the Municipal Code do
not exceed this limit; and
g. It continues to be in the public interest, convenience, health, welfare
and safety to require five acres of park area (and/or Quimby Fees) per 1,000 subdivision residents be devoted to neighborhood and
community parks as a condition of approval of a residential
development requiring a tentative tract or parcel map.
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 pursuant to
the Quimby Act requiring that developers set aside land, donate
conservation easements, or pay fees for park improvements.
3. The City Council of the City of Menifee finds that the proposed Code
Amendment by way of DCA 2016-193 is consistent with the requirements
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of the Menifee Municipal Code regarding the process of amending the
Municipal Code.
4. Pursuant to 14 C.C.R. § 15168(c)(2), the proposed amendments to the Municipal Code do 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 4. The City Council hereby [accepts? rejects?] the recommendation of the Planning Commission.
Section 5. Section 9.55.115 to the Menifee Municipal Code.
The City Council hereby adopts Code Amendment (DCA 2016-193). Section 9.55.115 (“Procedure for Credit of Excess Park Dedication”) is hereby added 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 Ordinance.
Section 7. Effective Date.
Code Amendment (DCA 2016-193), adding Section 9.55.115 to the Menifee
Municipal Code, shall take effect and be in full force and operation thirty (30) days after
the adoption of this ordinance by the City Council.
Section 8. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or
the application thereof to any person or circumstance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
declares that it would have adopted this Ordinance, and each section, subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause, phrase or portion thereof be declared invalid or unconstitutional.
Section 9. City Clerk Action.
The City Clerk of the City of Menifee is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of
general circulation and circulated within the City in accordance with Government Code
Section 36933(a) or, to cause this Ordinance to be published in the manner required by
law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
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This Ordinance was introduced and read on the ___ day of ____________, 2016
and PASSED, APPROVED AND ADOPTED THIS ___ day of ____________, 2016.
___________________________________
Scott A. Mann, Mayor
Approved as to form:
______________________________________ Jeffrey T. Melching, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify
the attached Ordinance No. 2016-193 to be the original ordinance adopted by the City
Council of the City of Menifee on ______________, 2016 and that said Ordinance was
published in accordance with the law on a vote as follow:
Date: ________________ ____________________________________ Sarah Manwaring, City Clerk
Vote:
Ayes: Noes:
Abstain:
Absent:
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EXHIBIT A
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
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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.
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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.
I. “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:
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1. 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.
2. 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.
3. 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.
4. 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.
5. 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:
Number of
Dwelling Units X
Average Number
of Persons Per Dwelling Unit X
.005 (5 Acres Per
1,000 Residents)
=
Number of Acres
to be 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:
Number of
Dwelling Units X Average Number of Persons Per
Dwelling Unit
X
.005 (5 Acres Per
1,000 Residents)
X Land Acquisition
Cost Per Acre
= Total Quimby
Fee
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.
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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
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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
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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
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Ordinance No. 2016-193 Credit for Excess Park Dedication (QUIMBY)
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 may, at the
discretion of the City, be given up to one hundred percent (100%) credit for the excess on subsequent projects within the approved nexus radius to the project
site. Whether “banked” park credit may be used for subsequent projects is
subject 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:
1. “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 project’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. “Banked” park credits shall expire at the same time as the subdivision
map for originating project for which the credits were “banked.”
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;
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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.
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CITY OF MENIFEE
Community Development Department
Robert Lennox · Community Services Director
Notice of Determination
TO: Office of Planning and Research (OPR)
P.O. Box 3044, Sacramento, CA 95812-3044 County Clerk County of Riverside, 2720 Gateway Dr., Riverside, CA 92507
FROM: Lead Agency: City of Menifee
Address: 29714 Haun Road, Menifee, CA 92586 Contact Person: Robert Lennox, Community Services Director Phone Number: 951-723-3880 SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the California Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): Project is within the scope of No. 2012071033 Project Title: Development Code Amendment to amend Chapter 9.55 of the Menifee Municipal Code (Ordinance No. 2016-193)
Project Applicant: City of Menifee Project Location (include county): The Development Code Amendment would be applicable citywide in the City of Menifee, Riverside
County. Project Description: The Development Code Amendment (approved via Ordinance No. 2016-193) amends 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 subdividers to “bank” credit for excess park dedication under certain circumstances.
This is to advise that the City Council of the City of Menifee ( Lead Agency or Responsible Agency) has approved the above described Development Code Amendment on June 1, 2016 and has made the following determinations regarding the above described Project:
Pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, the Project does not require additional review under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”) because the Development Code
Amendment is within the scope of the project covered by the Environmental Impact Report for the City’s General Plan (State Clearinghouse No. 2012071033). Pursuant to Section 15162 of Title 14 of the California Code of Regulations, no new effects will occur and no new mitigation measures will be required as a result of the Project. 1. The Project [ will will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this Project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this Project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the Project.
4. A mitigation reporting or monitoring plan [ was was not] adopted for this Project. 5. A Statement of Overriding Considerations [was was not] adopted for this Project. 6. Findings [ were were not] made pursuant to the provisions of CEQA.
This is to certify that the final Environmental Impact Report for the City’s General Plan (State Clearinghouse No. 2012071033), with comments and responses and record of project approval, are available to the General Public at: City of Menifee, City Clerk’s Office,
29714 Haun Road, Menifee, CA 92586.
Sarah Manwaring, Menifee City Clerk Signature Title Date
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