Colton Municipal Code Ch. 3.46 West Valley Habitat Conservation Plan Mitigation Fee Program

The purpose of this chapter is to authorize and implement a local Mitigation Fee program for the area encompassed by the boundaries of the Hub City Centre Specific Plan to implement the West Valley Habitat Conservation Plan (WVHCP). The Mitigation Fees authorized by this chapter will assist in the acquisition and improvement of land to implement the requirements of the WVHCP, protect sensitive habitat, area, protect covered species that benefit from the lands located within the boundaries of the specific plan and encourage development on authorized parcels. Such activities benefit the public health, safety and welfare of all residents of Colton by providing a streamlined regulatory process that allows development to proceed, increase economic development opportunities, provide permanent open space and protect sensitive land and species.

(Ord. No. O-07-15, § 2, 6-2-2015)

The program authorized by this chapter Shall be known as the "West Valley Habitat Conservation Plan Mitigation Fee Program."

(Ord. No. O-07-15, § 2, 6-2-2015)

The Development Services Director of the City of Colton Shall be responsible for the administration of this chapter. Detailed administrative procedures concerning the implementation of this chapter May be established by resolution of the City Council.

(Ord. No. O-07-15, § 2, 6-2-2015)

As used in this chapter, the following terms Shall have the following meanings:

A. "Certificate of Occupancy" means a Certificate of Occupancy issued by the City in accordance with all applicable ordinances, regulations, and rules of the City and State law.

B. "City" means the City of Colton, California.

C. "City Council" means the City Council of the City of Colton, California.

D. "Conservation Commission" means the governing body established pursuant to the WVHCP that is delegated the authority to oversee and implement the provisions of the WVHCP.

E. "Conservation" means all the actions necessary for the permanent protection of species natural communities and habitat land as required by the WVHCP including land acquisition, land management, biological monitoring, law enforcement and administration.

F. "Conservation Areas" has the same meaning and intent as such term is defined and utilized in the WVHCP.

G. "Credit" means a Credit allowed pursuant to Section [3.46.090] this chapter, which May be applied against the Mitigation Fee paid.

H. "Fee" means the Local Development Mitigation Fee adopted pursuant to the Mitigation Fee Act, Government. Code, Section 66000 et seq.

I. "Final Inspection" means a Final Inspection of a project as defined by the building codes of the City.

J. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area Shall be bounded by road right-of-way and/or legal, surveyed property lines.

K. "Local Development Mitigation Fee," "Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this chapter.

L. "West Valley Habitat Conservation Plan" or "WVHCP" means the West Valley Habitat Conservation Plan, adopted by the City Council on February 3, 2015.

M. "Project Area" means the area, measured in acres, from the adjacent road right-of-way line to the limits of project improvements. Project Area includes all project improvements and areas that are disturbed as a result of the project improvements on an owner's Gross Acreage, including all areas depicted on the forms required to be submitted to the City pursuant to this chapter and/or other applicable development ordinance or regulation of the City. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Mitigation Fee authorized by this chapter.

N. "Residential Unit" means a building or portion thereof used by one family and containing but one kitchen, which unit is designed or occupied for residential purposes, including single-family dwelling, multiple-family dwellings, and mobile homes on permanent foundations, but not including hotels and motels.

O. "Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of this chapter for the purpose of defraying all or a portion of the cost of acquiring and preserving habitat land and open space areas within the City and the region which are known to support threatened, endangered or key sensitive populations as described in the West Valley Habitat Conservation Plan.

(Ord. No. O-07-15, § 2, 6-2-2015)

To assist in providing Revenue to acquire and conserve lands necessary to implement the WVHCP, a Mitigation Fee Shall be paid for each acre of residential, commercial or office development or portion thereof to be constructed upon within the boundaries of the Hub City Centre Specific Plan boundaries, and that is identified as "developable."

The Mitigation Fees Shall be established by separate resolution of the City Council and May be amended from time to time in accordance with the adoption procedures established by State law. The amount of the Mitigation Fee for a residential, commercial or office development project required to be paid Shall be based on the acreage to be disturbed by development (i.e., grading and/or construction) and Shall be calculated on the basis of the Project Area, in accordance with the following:

A. The Project Area Shall be determined by City staff based on the subdivision map, plot plan, and other information submitted to or required by the City.

B. An applicant May elect, at his or her own expense, to have a Project Area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor Shall prepare a wet-stamped letter of certification of the Project Area dimensions and a plot plan exhibit thereto that clearly delineates the Project Area. Upon receipt of the letter of certification and plot plan exhibit, the City Shall review the submitted documents. If the Project Area dimensions, the letter of certificate and the plot plan are acceptable to the City, the City Shall calculate the Mitigation Fee required to be paid based on the certified Project Area. If the Project Area dimensions, the letter of certification, or the plot plan are not acceptable to the City, the applicant Shall perform such actions as directed by the City in order to resolve any deficiencies perceived by the City.

C. Where construction or other improvements on Project Area are prohibited due to legal restrictions on the Project Area, such as Federal Emergency Management Agency designated floodways or areas legally required to remain in their Natural State, that portion of the Project Area so restricted Shall be excluded for the purpose of calculating the Mitigation Fee.

(Ord. No. O-07-15, § 2, 6-2-2015)

Notwithstanding any other provision to the contrary in the City's municipal code or a non-codified ordinance, no permit Shall be issued a permit for any residential or commercial/office project within the boundaries of the Hub City Centre Specific Plan, except upon the condition that the Mitigation Fee applicable to such project has been paid in accordance with the provisions of this chapter.

(Ord. No. O-07-15, § 2, 6-2-2015)

A. The Mitigation Fee Shall be paid in full at the time of the issuance of a grading permit for the project, or other permit which allows for ground/soils disturbance, whichever occurs first.

B. In no event Shall a Final Inspection be made or a Certificate of Occupancy be issued prior to full payment of the fee.

C. The fee Shall be assessed one time per lot or parcel, except in cases of phased construction. In such cases, each grading permit Shall require the payment of Mitigation Fees. No refunds Shall be provided for changes in land use to a lower fee category. It Shall be the responsibility of the applicant to provide documentation of any previously paid fee.

D. The Mitigation Fee required to be paid under this chapter Shall be the fee in effect at the time of payment.

E. There Shall be no deferment of the fee beyond final inspection or issuance of certificate(s) of occupancy.

F. Notwithstanding anything in the City's municipal code, or any other written documentation to the contrary, the Mitigation Fee Shall be paid whether or not the project is subject to conditions of approval by the City imposing the requirement to pay the fee.

G. If all or part of the project is sold prior to payment of the Local Development Mitigation Fee, the project Shall continue to be subject to the requirement to pay the fee as provided herein.

(Ord. No. O-07-15, § 2, 6-2-2015)

The Mitigation Fees collected pursuant to this chapter Shall be placed in a separate fund, each of which May be further segregated by specific projects. The fund, and interest earned thereon, Shall be expended solely for the acquisition of the habitat land identified in the WVHCP, reimbursement for the acquisition of those lands, or for transmittal to the designated management entity, Riverside Land Conservancy (RLC), to fund restoration and long-term stewardship costs identified in the WVHCP, Conservation Easements and Memorandum of Understanding with RLC.

(Ord. No. O-07-15, § 2, 6-2-2015)

A. The owner of a parcel of property otherwise required to pay a Fee pursuant to this chapter May receive a Credit for the corresponding Mitigation Fee when that owner donates land identified as suitable for habitat, as identified in the WVHCP. The Mitigation Fee Credit Shall offset, on a proportionate basis without interest, the corresponding Mitigation Fee to be paid pursuant to this chapter.

B. The amount of the Mitigation Fee credit Shall equal the City's most recent estimated cost of acquisition.

C. To the extent that an owner is granted a Mitigation Fee credit, such owner Shall not be entitled to a future reimbursement for such land donation except as provided in this chapter.

D. A development fee credit is an obligation of the City that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.

(Ord. No. O-07-15, § 2, 6-2-2015)

A. The owner of a parcel of property otherwise required to pay a mitigation pursuant to this chapter will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected Mitigation Fees the direct and verifiable costs of land donations in excess of that required by their project where all of the following conditions are satisfied:

1. The owner has donated land that is identified as suitable for habitat land in the WVHCP.

2. The land, or portion thereof, has been dedicated to the public.

3. Use of the land, or portion thereof, is in compliance with all applicable laws and adopted plans.

B. The City Shall not reimburse the owner for costs related to financing any land donation.

C. An owner Shall only be entitled to reimbursement to the extent that any land donation benefits property not within the owner's project. Thus, an owner May receive a Mitigation Fee credit as provided in this chapter for property that serves the owner's project and reimbursement for the additional land donation that benefits subsequently developed property.

D. In no event Shall an owner receive a Mitigation Fee credit and/or reimbursement in excess of the City's most recent estimated cost of acquiring the land.

E. Any reimbursement agreement entered into under this section Shall require the City, for a period of up to fifteen years, to reimburse the owner from the proceeds of the Mitigation Fees collected from new projects that directly benefit from the land donated that is the subject of the reimbursement agreement. The terms of the reimbursement Shall be set forth in the reimbursement agreement.

(Ord. No. O-07-15, § 2, 6-2-2015)

The City Council is empowered to grant deferral, waiver or reduction of any fee imposed by this chapter upon request. Such deferral, waiver or reduction May only be granted if, in the opinion of the City Council, properly supported by specific findings and evidence, that deferral, waiver or reduction would allow a fairer financing arrangement to be imposed, or where waiver or reduction is required because imposition of such Mitigation Fees in full would cause inequities because prior mitigation lands have been donated. Findings must be based on written and other evidence submitted by the property owner substantiating the owner's contention that the fee should be deferred, waived or reduced.

Findings must include facts supporting deferral, waiver or reduction including, without limitation, findings that in the case of deferral (1) other properties to be benefitted by any fee will not be burdened by the review and delay in fee imposition, and (2) alternative financing methods involving more than one owner have been proposed for review and will be approved prior to the payment of the fees in question, and (3) delay will result in a more fair funding arrangement; and, in the case of waiver or reduction the owner will receive insufficient or no benefit from the fee imposed and would therefore be required, if the fee were imposed in full, to pay more than their fair share for the benefit received.

(Ord. No. O-07-15, § 2, 6-2-2015)

The following types of construction Shall be exempt from the provisions of this chapter:

A. Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion.

B. Projects for which the City is restrained by law from collecting the fee due to a development agreement or vested tentative map entered into with or issued by the City prior to the effective date of this chapter.

C. Projects are exempt from paying the Mitigation Fee provided they meet the legal requirements for vesting based upon lawfully issued permits and continuous construction.

(Ord. No. O-07-15, § 2, 6-2-2015)