Menifee Municipal Code Ch. 17.02 Park and Recreation Mitigation Fees for Residential Development Not…

(A) Authorizing legislation. This chapter is adopted to implement the provisions of §§ 66000 et seq. of the Cal. Gov't Code (sometimes referred to hereinafter as the "Mitigation Fee Act"), which authorizes a city to impose mitigation fees as a condition of approval on a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

(B) Purpose. Additional park facilities are needed to accommodate future growth and maintain an acceptable level of the existing park and recreation facilities for all areas of the City of Menifee. New development within the City of Menifee results in increased usage of the existing park and recreation facilities throughout the city, which thereby increases the service requirements and the capital equipment requirements of the city's parks and recreation facilities. Such increased usage is not limited to new residential subdivisions.

(C) Use. Park and recreation mitigation fees are hereby established on new residential development within the City of Menifee to pay a proportionate share of public facilities related to parks and recreation. The mitigation fees authorized by this section will be used only for defraying costs associated with providing parks and recreation facilities resulting from new development projects and shall not exceed the estimated cost associated with providing those facilities. The mitigation fees are for the purpose of developing new or rehabilitating existing park or recreational facilities, although no such fees will be used to overcome any current deficiency in park and recreation facilities. A reasonable relationship exists between the mitigation fees' use, amount, and need and the residential development project upon which the mitigation fees are imposed.

(D) Findings. The amount of existing park area in the city exceeds three acres of park area per 1,000 city residents. The enactment of this chapter shall prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and amenities in the city.

(Ord. 2022-364, passed 11-16-2022)

This chapter is enacted pursuant to the authority granted by the Mitigation Fee Act.

(Ord. 2022-364, passed 11-16-2022)

For the purposes of this chapter, the terms and words shall have the meaning as defined in Chapter 9.305 "Universal Definitions," except that the following words shall have the meanings set forth below.

AVERAGE NUMBER OF PERSONS PER DWELLING UNIT. 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.

CITY. The City of Menifee.

DEVELOPER. Any person who is the owner or authorized agent of an owner of any new development within the city.

DEVELOPMENT PROJECT. Any project undertaken for the purpose of development and includes a project involving the issuance of a permit for construction or reconstruction, but not a dwelling unit. Includes each single family dwelling, second units allowed on single family lots as defined in Chapter 9.300.020 "Second Dwelling Units," each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobile home space designed to contain a mobile home trailer on a semi-permanent or permanent basis. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or state Department of Finance census. Dwelling unit, for this chapter, does not include a guest dwelling that does not have cooking facilities.

LAND ACQUISITION COST PER ACRE. The estimated per acre value of vacant residential land costs in the city as determined by the City Council based upon receipt sale records or appraisal. The most recent land acquisition cost per acre may be reflected in a City Council resolution. If the developer objects to such a valuation, the developer, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted by the city if found reasonable.

MITIGATION FEE ACT. Section 66000 et seq. of the Cal. Gov't Code, as amended from time to time, or any successor statute.

NUMBER OF DWELLING UNITS. The number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city's Zoning Code or as otherwise specified by the city on the property included in the proposed residential development project.

PARK AND RECREATION MITIGATION FEES. Fees paid as a condition to the approval of a residential development project pursuant to this chapter and the Mitigation Fee Act for the purpose of defraying all or a portion of the cost of public park and recreational facilities related to the development project.

RESIDENTIAL DEVELOPMENT. Any development that creates new or increases the number of existing dwelling units on a property.

(Ord. 2022-364, passed 11-16-2022)

The revenues raised by payment of these park and recreation mitigation fees shall be placed in separate and special impact fund account, in accordance with § 17.02.070, and such revenues, along with any interest earnings on such separate account, shall be used solely to pay for the city's future acquisition and construction of parkland and improvements at least partially allocable to new development, as identified in the Open Space and Conservation Element of the city's General Plan and any policy, standard, principle or guideline adopted in accordance therewith.

(Ord. 2022-364, passed 11-16-2022)

(A) Calculation. As a condition of approval for any residential development project, the city shall require the payment of park and recreation mitigation fees, which shall be calculated in the same manner as fees required by Chapter 7.75 of this code.

(B) Amount of fee. The amount of the park and recreation mitigation fees per dwelling unit may be adopted by resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis. The Council may adopt and/or revise the fee amount as often as on an annual basis, and in accordance with Cal. Gov't Code §§ 66000 et seq.

(C) Exemptions. The park and recreation mitigation fees established by this chapter shall not apply to residential development that is subject to the dedication of parkland or the imposition of in-lieu fees, or a combination of both, for park and recreational purposes, as a condition of approval of a tentative map or parcel map pursuant to Chapter 7.75 of this code, adopted in accordance with Cal. Gov't Code § 66477, sometimes referred to as the Quimby Act.

(Ord. 2022-364, passed 11-16-2022)

Park and recreation mitigation fees shall be imposed on new residential development project as a condition of building permit issuance. Prior to the issuance of a building permit, the City Manager or his or her designee shall determine the amount of park and recreation mitigation fees to be paid by the developer. Any fee required under this chapter shall be paid directly to the city prior to the date of the final inspection of the first dwelling unit, or the date the first certificate of occupancy is issued, whichever occurs first, unless payment at a different time is mandated or authorized by Cal. Gov't Code § 66007.

(Ord. 2022-364, passed 11-16-2022)

There is hereby established and created a fund of the city entitled "Parks and Recreation Impact Fund" and all revenues derived from and all monies collected as a park and recreation mitigation fee, including accrued interest thereon, shall be deposited in such fund. The Parks and Recreation Impact Fund is established for the sole purpose of providing monies for the acquisition, construction, and reconstruction of parkland, playgrounds, community facilities, recreation facilities and equipment, and other capital purposes needed for providing parks and recreation services. The Parks and Recreation Impact Fund shall be administered in accordance with Cal. Gov't Code §§ 66000 et seq., including specifically §§ 66001(c) through (e).

(Ord. 2022-364, passed 11-16-2022)

Any resolution adopted under Chapter 17.02 of this code shall be in accordance with the provisions of Chapter 5 of Division 1 of Title 7 of the Cal. Gov't Code (commencing with § 66000).

(Ord. 2022-364, passed 11-16-2022)

Where a proposed residential development lies within an area not currently within the city's corporate boundaries but intended to be annexed into the city by the developer, the developer shall pay park and recreation mitigation fees in accordance with the city's General Plan and in accordance with the provisions of this chapter, and the General Plan shall be amended within 180 days following approval of the annexation.

(Ord. 2022-364, passed 11-16-2022)

The provisions of this chapter shall not apply to any industrial or commercial development.

(Ord. 2022-364, passed 11-16-2022)