Chapter 16.29 — FEES FOR THE PRESERVATION OF THREATENED AND ENDANGERED SPECIES

The City Council finds as follows.

(A) Certain species of fish, wildlife and plants have been rendered extinct as a consequence of man’s activities.

(B) Other species of fish, wildlife and plants are in danger of, or threatened with, extinction because their habitats are threatened with destruction, adverse modification or severe curtailment, or because of over exploitation, disease, predation or other factors.

(C) These species of fish, wildlife and plants are of ecological, educational, historical, recreational, esthetic, economic and scientific value and the conservation, protection and enhancement of these species and their habitat is of statewide concern.

(D) The preservation of threatened and endangered species is an important city and regional concern which requires the cooperation of cities, counties, the State of California, the United States and the owners of property affected by the threatened or endangered species.

(E) The preservation of threatened and endangered species is a benefit to all the citizens of the city.

(F) The state legislature has found and declared that it is the policy of the state to conserve, protect, restore and enhance any endangered species or any threatened species and its habitat and that it is the intent of the legislature, consistent with conserving the species, to acquire lands for habitat for these species.

(G) The Congress of the United States has found and declared that:

(1) Various species of fish, wildlife and plants in the United States have been rendered extinct as a consequence of economic growth and development;

(2) Other species of fish, wildlife and plants have been so depleted in numbers that they are in danger of or threatened with extinction;

(3) These species of fish, wildlife and plants are of esthetic, ecological, educational, historical, recreational and scientific value to the nation and its people;

(4) Encouraging the states and other interested parties, through federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the nation’s international commitments and to better safeguarding, for the benefit of all citizens, the nation’s heritage in fish, wildlife and plants.

(`78 Code, § 16.29.010.) (Ord. 1977 § 1 (part), 1990.)

The purpose of this chapter is to provide funding for a portion of the cost of preparation and implementation of plans for the preservation of threatened and endangered species, including the preparation of habitat conservation plans and the acquisition of habitat reserve sites. It is the intent of the City Council that development fees collected pursuant to this chapter, together with other city resources, fees collected by other jurisdictions and state and federal contributions will together serve to mitigate the impacts of development upon threatened and endangered species and to preserve for future generations species which are at risk of becoming extinct.

(`78 Code, § 16.29.020.) (Ord. 1977 § 1 (part), 1990.)

As used in this chapter, the following terms shall have the following meanings.

(A) " Building permit for new development " means a building permit issued pursuant to Chapter 15.04 of the Corona Municipal Code for a structure which is not a replacement for a structure which previously existed on the same site.

(B) " Endangered species " has the same meaning given to it by the Federal Endangered Species Act of 1973, 16 USC 1531 et seq. and the California Endangered Species Act, Cal. Fish and Game Code §§ 2050 et seq .

(C) " Grading permit " means a permit issued pursuant to Chapter 70 of the Appendix to the Uniform Building Code as adopted by the City of Corona in Chapter 15.04 of the Corona Municipal 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.

(D) " Habitat conservation plan " means a plan prepared pursuant to Federal Endangered Species Act of 1973, § 10(a), 16 USC 1539.

(E) " Habitat reserve sites " means sites selected by the City of Corona or other jurisdictions to be acquired to preserve the habitat of any threatened or endangered species.

(F) " Initial mobile home setup permit " means the first mobile home setup permit to be issued by the Building Division of the Community Development Department for a space in a mobile home park. Subsequent mobile home setup permits for the same space shall not be subject to the requirements of this chapter.

(G) " Threatened species " has the same meaning given to it by the Federal Endangered Species Act of 1973, 16 USC 1531 et seq. and the California Endangered Species Act, Cal. Fish and Game Code §§ 2050 et seq. (`78 Code, § 16.29.030.) (Ord. 1977 § 1 (part), 1990.)

Whenever it is determined by the City Council that a threatened or endangered species may be adversely impacted by development or growth occurring wholly or partially within the City of Corona, the City Council may by resolution establish a preservation development fee requirement for the purposes set forth in § 16.29.020. A fee may be established for a single specified species, for multiple specified species or for general use for the protection of any threatened or endangered species. More than one fee may be established. (`78 Code, § 16.29.040.) (Ord. 1977 § 1 (part), 1990.)

When a fee has been established by resolution of the City Council pursuant to § 16.29.040, the fee shall be paid prior to the issuance of a grading permit, a building permit for a new development or an initial mobile home setup permit, whichever occurs after the establishment of the fee requirement. No grading permit, building permit for new development or initial mobile home setup permit shall be issued until such fee has been paid. (`78 Code, § 16.29.050.) (Ord. 1977 § 1 (part), 1990.)

When a fee has been established pursuant to § 16.29.040 and collected pursuant to § 16.29.050, it shall be deposited in an account established solely for such fee. Each fee established shall be deposited in its own separate account. Funds shall be expended for the purposes for which the fee has been established, including the preparation of habitat

conservation plans and the acquisition of habitat reserve sites. The city may enter into agreements with other public agencies and may transfer funds to such other public agencies to be expended for the purposes for which the fee has been established. Funds collected pursuant to § 16.29.050 may be expended on the preservation of threatened or endangered species outside the corporate boundaries of the City of Corona when to do so will provide a general benefit to the citizens of the City of Corona or will allow the development of property within the city boundaries which might otherwise not be permitted to develop.

(`78 Code, § 16.29.060.) (Ord. 1977 § 1 (part), 1990.)

Any person aggrieved by the computation of fees pursuant to this chapter shall have the right to appeal the computation to the Board of Zoning Adjustment. The appeal shall be taken not later than ten days from the date the person is informed of the computation of fees. Failure to appeal within the ten day period shall be deemed a waiver of all rights of appeal under this chapter.

(`78 Code, § 16.29.070.) (Ord. 1977 § 1 (part), 1990.)

When a fee has been established and collected pursuant to this chapter, the City Manager shall make an annual report to the City Council which shall include a statement of the amount of fees collected and spent in that year and a summary of efforts taken to preserve threatened and endangered species.

(`78 Code, § 16.29.080.) (Ord. 1977 § 1 (part), 1990.)