The city council finds and determines that:
A.
The
Legislature of the state of California has found and declared that
certain species of fish, wildlife and plants are in danger of, or
threatened with, extinction due to habitat destruction and exploitation.
B.
The
Legislature has further found and declared that these species of fish,
wildlife and plants are of historical, economic and scientific value
to the people of this state and the conservation, protection and enhancement
of these species and their habitat is of state-wide concern.
C.
The
Legislature has further found and declared that it is the policy of
the state to conserve, protect, restore and enhance the habitat of
species that are listed as threatened or endangered, candidates for
such listing as well as other species of concern (collectively, listed,
candidates for listing and other species of concern shall hereinafter
be referred to as "species of concern").
D.
The
Congress of the United States has found and declared that the preservation
of species of concern is an important national and regional issue
which requires the cooperation of cities, counties, the states, the
federal government and the owners of property affected by these species.
E.
The
listing of the Stephens' Kangaroo Rat as an endangered species has
resulted in significant adverse economic impacts upon the city and
western Riverside County and is likely to have contributed to the
recent decline in property values of not only lands which are occupied,
but also lands which are not occupied by that species.
F.
The
city and county, together with the cities of Corona, Hemet, Lake Elsinore,
Moreno Valley, Murrieta, Perris, Riverside and Temecula and the County
of Riverside have formed the Riverside County Habitat Conservation
Agency ("RCHCA") whose purpose is to plan for, acquire, administer,
operate and maintain land and facilities for ecosystem conservation
and the creation of habitat reserves to implement habitat and ecosystem
conservation plans and program for the species of concern. The RCHCA,
and each of its members, including the city of Moreno Valley have
recently adopted "The Habitat Conservation Plan for the Stephens'
Kangaroo Rat in Western Riverside County, California" (SKRHCP) and
have been issued an incidental take permit from the United States
Fish and Wildlife Service and a Management Authorization from the
California Department of Fish and Game, all of which documents require
certain implementation actions on the part of its members, including
the city.
G.
The
city council has previously adopted Ordinance 212 and related Fee
Resolution 89-92 which imposed an impact and mitigation fee of $1,950
per acre to be used exclusively for the preparation and implementation
of a habitat conservation plan for the Stephens' Kangaroo Rat.
H.
The
board of directors of the RCHCA has recommended to each of its members
that each city and the county amend its ordinance: (1) to enact the
implementation measures as set forth in the SKRHCP, the Section 10(a)
Permit and the Management Authorization; and (2) to reduce the impact
and mitigation fee to $500 per acre. The recommendations of the RCHCA
with respect to the impact and mitigation fee is based upon the current
cash reserves of the RCHCA, its likely expenditures during the ensuing
three years to implement the terms of the SKRHCP, which will benefit
many other species of concern, and to negotiate and develop an ecosystem
based multiple species habitat conservation plan which will protect
all species in order to reduce the likelihood of additional state
or federal listings and to support permits to take species of concern
should they be listed in the future.
I.
The
city council has determined that the benefits accruing to parcels
which are occupied by the Stephens' Kangaroo Rat as well as those
which are not so occupied are roughly proportional and that a meaningful
parcel by parcel evaluation of the benefits which will accrue to those
parcels as a result of the implementation of the SKRHCP would not
result in a meaningful difference in the amount of the fee so imposed.
(Ord. 502 § 2.1, 1996)
The purposes of this chapter are:
A.
To adopt
and require certain implementation measures as required by the SKRHCP,
the Section 10(a) Permit and the Management Authorization; and
B.
To adopt
and impose an impact and mitigation fee to provide funds to the RCHCA
to implement the terms of the SKRHCP.
(Ord. 502 § 2.1, 1996)
As used in this chapter, the following terms shall have the
following meanings:
means a grading permit issued pursuant to the International Building Code as adopted by the city in Chapter 8.20 of this Code. For purposes of this chapter, grading permit shall also include any other permit authorizing the disturbance of the soil such as a permit authorizing surface mining.
means a final inspection as defined by in the ordinances
of the city, 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
provision 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 Attachment A attached to the ordinance
codified in this chapter.
(Ord. 502 § 2.1, 1996; Ord. 759 § 5.2, 2007)
All those certain lands located within the boundaries on Attachment
A attached to the ordinance codified in this chapter and incorporated
herein by this reference, which are located within the city are designated
the plan area for the SKRHCP.
(Ord. 502 § 2.1, 1996)
A.
Until
the city has been notified by the RCHCA that those certain core reserves
as identified in the SKRHCP have been completed, the city, from information
provided by the applicant for the development permit, shall complete
and deliver to the RCHCA a land disturbance report for all development
permits issued for real property located within the boundaries of
the plan area which shall set forth the location of the land disturbed,
the number of acres within the parcel to be developed, the amount
of the impact and mitigation fee paid, if any and the number of acres
occupied by Stephens' Kangaroo Rats which have been disturbed, if
any, as described in a biological survey, if required.
B.
The
city shall complete and deliver to the RCHCA a core reserve land disturbance
report, from information provided by the applicant, which sets forth
the nature of the project, the number of acres occupied by Stephens'
Kangaroo Rats which will be disturbed and the mitigation paid or provided
as required by the SKRHCP for development permits for real property
located within the boundaries of any core reserve which may now or
in the future be located within the boundaries of the city, as identified
in the SKRHCP.
C.
The
city shall cause all land disturbance reports and all core reserve
land disturbance reports to be forwarded to the RCHCA no later than
the fifteenth day of each month.
(Ord. 502 § 2.1, 1996)
Prior to the issuance of any development permit for any project
which meeting the following criteria, the applicant for such development
permit for projects located within the boundaries of the plan area
shall provide the city with a biological survey for SKR:
A.
Until
the city has been notified by the RCHCA that the core reserves as
identified in the 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;
B.
Any
development permit for projects within any core reserve as identified
in the SKRHCP;
C.
Notwithstanding
the foregoing, 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 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.
(Ord. 502 § 2.1, 1996)
A.
All applicants for development permits within the boundaries of the plan area shall pay an impact and mitigation fee of $500 per gross acre located within the parcel to be developed and the area disturbed by related off-site improvements, except as provided in Section 8.60.090 of this chapter. No development permit of real property located within the boundaries of the plan area shall be issued or approved without the payment of the impact and mitigation fee and the submission of the biological survey, as required by this chapter.
B.
Impact
and mitigation fees shall be reduced by 75% 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 developments, wherein
all lots within the development are greater than one-half gross acre
in size, shall be $250 per residential unit.
D.
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,
an impact and mitigation fee of one dollar ($1.00) per square foot
of the buildings to be constructed shall be paid provided that at
no time shall such fee exceed the amount required to be paid if a
fee of $500 per gross acre were applied to the parcel proposed for
agricultural development.
(Ord. 502 § 2.1, 1996)
A.
The
impact and mitigation fee shall be paid upon issuance of a development
permit. In those cases where a development permit had been previously
issued and impact and mitigation fees have previously been paid pursuant
to the provisions of this chapter or fee Resolution 89-92 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 provisions of 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.
(Ord. 502 § 2.1, 1996; Ord. 694 § 1.1, 2005)
For purposes of this chapter, applicants 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 structures damaged or destroyed by fire or natural causes;
B.
Rehabilitation,
remodeling or additions to existing structures on the same parcel;
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 measures; provided, however, that in the event the cost
of such mitigation measures equal 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 procedures and the impact and mitigation fee
which would otherwise be payable pursuant to the terms of this chapter;
D.
Development
of a parcel by local, state or federal governments for governmental
purposes;
E.
There
shall be credited against the fees imposed by this chapter mitigation
fees already paid in respect to all or a portion of the land which
is in the development project;
F.
Development
of public utility transmission facilities other than substations,
treatment facilities or pumping stations;
G.
Any
development within the area identified in the city's general plan
as the Moreno Valley Ranch Specific Plan (SP 193). The project proponent
for the specific plan dedicated 240 acres of land for habitat preservation
purposes for the benefit of the Stephens' Kangaroo Rat. The dedicated
land was incorporated into the San Jacinto Reserve Area as identified
in the SKR-HCP. In addition, the project proponent also provided a
lump sum payment to RCHCA.
(Ord. 502 § 2.1, 1996)
