As used in this chapter, the following terms shall have the
following meanings:
"Development permit"
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.
"Final inspection"
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.
"Habitat conservation plan"
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.
"Parcel"
means all real property located within the parcel or parcels
for which a development permit is applied.
"Plan area"
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)
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)