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Menifee, CA Accessory Structures: ADU Impact Fees (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing fee
Local Development Mitigation Fee (MSHCP)
ADU exemption
Only to extent required by state law
JADU exemption
Same limited state-law standard
Fee due
No later than building permit issuance
Refund window
3 years from original payment
Fee recipient
Western Riverside County Regional Conservation Authority
Adopting ordinance
Ord. 2022-364, passed 11-16-2022

Summary

Menifee's Local Development Mitigation Fee, the habitat fee funding the Multiple Species Habitat Conservation Plan, applies to accessory dwelling units only to the extent state law does not exempt them, under Municipal Code Section 17.03.090(C).

§ 17.03.090 EXEMPTIONS. The following types of construction shall be exempt from the provisions of this chapter: ... (C) Accessory dwelling units, but only to the extent such fee is exempted under state law; (D) Junior accessory dwelling units, but only to the extent such fee is exempted under state law;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-15: Supplement contains: Local legislation current through Ordinance 2026-432, passed 4-15-2026).

Full Breakdown

03 imposes a Local Development Mitigation Fee (LDMF) on new development to fund the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 050(A), no building permit may issue until the applicable LDMF is paid, and the amount is set using the MSHCP Mitigation Fee Implementation Manual. 090 lists exemptions from the chapter, and subsection (C) states that accessory dwelling units are exempt "but only to the extent such fee is exempted under state law," with subsection (D) applying the identical limited exemption to junior accessory dwelling units.

In practice this ties Menifee's habitat fee treatment of ADUs directly to state ADU law rather than granting a blanket local waiver: an ADU only escapes the LDMF where California law itself bars the charge, otherwise the fee is calculated and collected like any other development. 080(B), and the city may add a separate administrative surcharge to cover its own collection costs without reducing the RCA's remittance. 070 allows a refund of the LDMF, less administrative costs, if a building permit expires or is voluntarily surrendered before construction begins, but the request must be filed within three years of the original payment, and reapplying for a permit later requires paying the fee at the rate then in effect. 100, consistent with the MSHCP Mitigation Fee Implementation Manual. The chapter was adopted by Ord. 2022-364, passed November 16, 2022.

Violations & Fines

Section 17.03.050(A) bars the city from issuing a building permit for any development, including an ADU that is not exempt under state law, until the Local Development Mitigation Fee is paid in full. Section 17.03.060(D) keeps the payment obligation attached to the project even if the property is sold before the fee is paid, and Section 17.03.060(E) makes the fee title owner responsible for payment.

Frequently Asked Questions

Are ADUs automatically exempt from Menifee's development mitigation fee?
No. Municipal Code Section 17.03.090(C) exempts accessory dwelling units from the Local Development Mitigation Fee only to the extent state law already exempts them. If state law does not bar the charge for a given ADU, the fee still applies before a building permit can be issued.
What fee does Section 17.03.090 exempt ADUs from?
It exempts them, within state-law limits, from the Local Development Mitigation Fee under Chapter 17.03, the habitat fee that funds the Western Riverside County Multiple Species Habitat Conservation Plan. This is separate from any building permit or plan-check fee charged elsewhere in the code.
Can I get my habitat fee back if my permit expires before I build?
Yes. Section 17.03.070 allows a refund, less administrative costs, if the permit expires or is voluntarily surrendered before construction starts. The refund request must be submitted within three years of the original payment, per Section 17.03.070(A).
Who receives Menifee's Local Development Mitigation Fee?
Section 17.03.080(B) requires the city to remit collected fees to the Western Riverside County Regional Conservation Authority at least quarterly. The city may add a separate administrative surcharge for its own collection costs, but that surcharge cannot reduce the RCA's remittance.

Sources & Official References

Other rules in Menifee

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