As used in this chapter, the following terms shall have the
following meanings:
means a certificate of occupancy as defined by Title 17 the
Temecula Municipal Code.
means an on- or off-site grading, building or surface mining
permit or mobilehome installation permit or mobilehome site preparation
permit or any other permit or authorization which permits or authorizes
the disturbance of land.
means a final inspection as defined in the Temecula Municipal
Code, or if no definition therein exists, then as such term is defined
in the most current adopted version of the Uniform Building Code,
or if no definition there exists, then as such term is defined by
the laws of the state of California.
means a plan prepared pursuant to Section 10(a) of the Federal
Endangered Species Act of 1973, 16 U.S.C. Section 1539 and applicable
provisions of the California Endangered Species Act, California Fish
and Game Code Section 2050 et seq.
means the fee imposed pursuant to the provisions of this
chapter.
means all real property located within the parcel or parcels
for which a development permit is applied.
means all real property located within the city situated
within the boundaries described in Ordinance No. 663 of the county
of Riverside, as such ordinance existed as of February 27, 1990, or
within such other boundaries adopted by resolution of the city council.
(Ord. 96-17 § 3)
A.
Prior
to the issuance of any development permit for any project located
within the boundaries of the plan area which meets the following criteria,
the applicant for such development permit shall provide the city with
a biological survey for the Stephens' Kangaroo Rat:
1.
Until
the city has been notified by the Riverside County habitat conservation
area that the core reserves as identified in its habitat conservation
plan for the Stephens' Kangaroo Rat (SKRHCP) have been completed,
any development permit for projects within known Stephens' Kangaroo
Rat occupied habitat according to the most recent Stephens' Kangaroo
Rat distribution map available to the city;
2.
Any
development permit for projects within any core reserve as identified
in the SKRHCP.
B.
Notwithstanding subsection A of this section, biological surveys shall not be required in the following instances:
1.
Emergencies.
Actions taken by the city or other public agencies in response to
public emergencies including, but not limited to, floods, earthquakes
and fires.
2.
Secondary
Structures. Construction of secondary structures including, but not
limited to, garages, granny-flat units and swimming pools on developed
lots.
3.
Agriculture.
Bona fide agricultural activities which do not involve the construction
of permanent improvements which require building permits.
4.
Fire
Prevention. Fire prevention activities as set forth in that certain
cooperative agreement regarding fire prevention entered into among
the city, the California Department of Fish and
Game and the United States Fish and Wildlife Service dated February
16, 1995 and any subsequent amendments thereto.
C.
No development
permit for real property located within the boundaries of the plan
area shall be issued or approved without the submission of the biological
survey as required by this section.
(Ord. 96-17 § 3)
A.
Except as otherwise provided in this section or in Section 8.24.050, all applicants for development permits within the boundaries of the plan area shall pay an impact and mitigation fee of five hundred dollars per gross acre of the parcel to be developed and the area to be disturbed for the related off-site improvements. No development permit for real property located within the boundaries of the plan area shall be issued or approved without the payment of the impact and mitigation fee as required by this section.
B.
Impact
and mitigation fees shall be reduced by seventy-five percent for nonprofit
entities. For purposes of this section, nonprofit entities shall be
defined as those entities identified in 26 U.S.C. 501(c)(3).
C.
Impact
and mitigation fees for single-family residential development, wherein
all lots within the development are greater than one-half gross acre
in size, shall be two hundred fifty dollars per residential unit.
D.
Impact
and mitigation fees for agricultural development which requires a
development permit, including, but not limited to, dairy farms and
excluding poultry farms and the construction of single-family residences
in connection with said agricultural development, shall be one dollar
per square foot of the buildings to be constructed; provided, however,
at no time shall such fee exceed the amount required to be paid if
a fee of five hundred dollars per gross acre were applied to the parcel
proposed for agricultural development.
(Ord. 96-17 § 3)
A.
The
impact and mitigation fee shall be paid upon issuance of a development
permit or a certificate of occupancy or upon final inspection, whichever
first occurs. In those cases where a development permit has been previously
issued and impact and mitigation fees have previously been paid pursuant
to the provisions of this chapter or Ordinance No. 663 of the County
of Riverside but such development permit has expired, the applicant
for a new development permit on the same property, upon submission
of proof of such payment satisfactory to the community development
director shall pay the impact and mitigation fee less the amount previously
paid. In the event the fee previously paid was more than the impact
and mitigation fee, the applicant shall not be entitled to a rebate.
B.
The
impact and mitigation fee payable for parcels for which a surface
mining permit is sought shall be paid upon submission of an application
for a special inspection permit prior to the commencement of the mining
operation or in the alternative, may be paid in increments upon submission
of an application for a special inspection permit prior to the commencement
of each phase of the mining operation authorized by the surface mining
permit. Each increment of payment shall be equal to five hundred dollars
multiplied by the sum of (1) the total number of acres of land within
the applicable phase pursuant to the surface mining permit; and (2)
the quotient which results from dividing the total number of acres
of land covered by the surface mining permit and subject to this chapter
which are prohibited from disturbance or designated as setback or
buffer areas pursuant to the surface mining permit, by the total number
of approved phases. The total number of acres of land within each
phase shall be determined by a physical survey prepared by a licensed
surveyor or registered civil engineer.
(Ord. 96-17 § 3)
For purposes of this chapter, applicants for development permits
for the following types of development shall not be required to pay
an impact and mitigation fee unless such applicant voluntarily participates
in order to mitigate the disturbance of habitat occupied by the Stephens'
Kangaroo Rat.
A.
Reconstruction
of any structure damaged or destroyed by fire or other natural causes;
B.
Rehabilitation
or remodeling of existing structures, or additions to existing structures;
C.
Development
of any parcel for which the California Department of Fish and Game
and the United States Fish and Wildlife Service has approved other
mitigation procedures; provided, however, that in the event the cost
of such mitigation measures equals an amount less than the total amount
of the impact and mitigation fee imposed hereby, the applicant for
a development permit shall pay the difference between the cost of
the approved mitigation measures and the impact and mitigation fee
which would otherwise be payable pursuant to the terms of this chapter;
D.
Development
of any parcel used by local, state or federal governments for governmental
purposes;
E.
Development
of any parcel for which an impact and mitigation fee has been previously
paid to the city pursuant to this chapter or Ordinance No. 663 of
the county of Riverside. However, in instances where the fee previously
paid was the fee for single-family residential development, wherein
all lots within the development were greater than one-half gross acre
in size, and the applicant for a development permit subsequently requests
an increase in residential density or a change from a residential
to a nonresidential use, or in instances where the parcel has previously
been developed for agricultural purposes and the applicant for a development
permit subsequently requests a change from an agricultural to a residential,
commercial or industrial use, the fee shall be recalculated for the
new density or use pursuant to the provisions of this chapter. Any
difference between the recalculated fee and the previously paid fee
shall be required to be paid by the applicant, but in the event the
fee previously paid is more than the impact and mitigation fee imposed
by this chapter, the applicant shall not be entitled to a rebate;
F.
The
construction of public utility transmission facilities. Said exemption
shall not include substations, treatment facilities or pumping stations;
G.
Development
of any parcel for construction of a detached or attached accessory
living quarter which will be constructed on a parcel of real property
upon which the main building to which the detached or attached living
quarters is accessory has previously been lawfully constructed.
(Ord. 96-17 § 3)
To the extent the provisions of this chapter conflict with any
provisions of Ordinance No. 663 of the county of Riverside, as amended,
the provisions of this chapter shall apply. This chapter shall not
require the refund of any amounts paid to the city pursuant to Ordinance
No. 663.
(Ord. 96-17 § 3)
