(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)