Hemet Municipal Code Ch. 31 Multiple Species Habitat Conservation Plan Mitigation Fee

This chapter shall be known as the "Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance.

(Ord. No. 1712, § 1, 1-27-04)

The city council finds and determines that:

(1) In order to implement the goals and objectives of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and to mitigate the impacts caused by new development in the City of Hemet, lands supporting species covered by the MSHCP must be acquired and conserved.

(2) A development mitigation fee (fee) is necessary in order to supplement the financing of the acquisition of lands supporting species covered by the MSHCP and to pay for new development's fair share of this cost.

(3) The appropriate funding source to pay the costs associated with mitigating the City of Hemet, as identified in the MSHCP, is a fee for residential, commercial and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and the relative cost of mitigating such impacts.

(4) The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The council finds that the benefit to each development project is greater than the amount of the fee to be paid by that project.

(5) The MSHCP and Mitigation Fee Nexus Report, a copy of which is on file in the clerk of the board's office, provides a basis for the imposition of the fee on new development.

(6) The use of the fee to mitigate the impacts to the city's natural ecosystems and covered species identified in the MSHCP is reasonably related to the type and extent of impacts caused by development within the City of Hemet.

(7) The costs of funding the proper mitigation for natural ecosystems and covered species identified in the MSHCP which are impacted by new development are apportioned relative to the type and extent of impacts caused by the development.

(8) The facts and evidence provided to and considered by the council establish that there is a reasonable relationship between the need for preserving the natural ecosystems and covered species identified in the MSHCP, and the impacts to such natural ecosystems and species created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and Mitigation Fee Nexus Report.

(9) The cost estimates for mitigating the impact of new development on the city's natural ecosystems and covered species, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.

(10) The fees collected pursuant to this article shall be used to finance the acquisition of lands and certain improvements necessary to implement the goals and objectives of the MSHCP.

(11) Even though second units on existing single family lots may also contribute to the need for acquisition of lands necessary to implement the MSHCP, the council refrains from imposing the fee on such development at this time, and in this regard finds that second units: (1) provide a cost effective means of serving development through the use of existing infrastructure, as contrasted to requiring the construction of new costly infrastructure to serve development in undeveloped areas; and (2) provide relatively affordable housing for low and moderate income households without public subsidy.

(Ord. No. 1712, § 1, 1-27-04)

This chapter is established under the authority of Title 7, Division 1, Chapter 5 of the Government Code, beginning with Section 66000, which provides that a local agency may establish fees for the purpose of defraying all or a portion of the cost of public facilities related to development projects.

(Ord. No. 1712, § 1, 1-27-04)

This chapter establishes and sets forth policies, regulations and a fee to fund the acquisition of lands necessary to implement the goals and objectives of the MSHCP and to mitigate the direct, indirect, and cumulative environmental effects generated by new development projects described and defined in this chapter and establishes the authorized use of the fees collected.

(Ord. No. 1712, § 1, 1-27-04)

The planning director shall be responsible for the administration of this chapter. Detailed administrative procedures concerning the implementation of this chapter shall be established and set forth in a resolution adopted by the city council.

(Ord. No. 1712, § 1, 1-27-04)

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

City council or council means the City Council of the City of Hemet.

Certificate of occupancy means a certificate of occupancy as defined by Ordinance No. 457 or state law.

City means the City of Hemet.

Credit means a credit allowed pursuant to section 16 hereof which may be applied against the fee paid.

Development project or project means any project undertaken for the purpose of development including the issuance of a permit for construction pursuant to chapter 90 of the Hemet Municipal Code.

Final inspection means a final inspection.

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 property lines.

Project area means the area, measured in acres, from the adjacent road right-of-way line to the limits of project improvements. Project area shall include all project improvements and areas of intensive use on applicant's gross acreage, including all areas depicted on the applicants exhibit, as submitted to the City of Hemet Planning Department. Except as otherwise provided herein, the project area is the area upon which the development will be assessed the fee.

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 dwellings and mobile homes but not including hotels, motels, congregate care residential facilities or individual spaces within recreational vehicle parks.

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 the acquisition of lands necessary to implement the MSHCP.

Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee or Fee means the fee imposed pursuant to the provisions of this chapter.

(Ord. No. 1712, § 1, 1-27-04)

In order to assist in providing revenue to acquire and conserve lands necessary to implement the MSHCP, the Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee shall be paid for each residential unit, development project or portion thereof to be constructed. Five categories of the fee are defined and include:

(1) Residential units, density less than 8.0 dwelling units per acre

(2) Residential units, density between 8.1 and 14.0 dwelling units per acre

(3) Residential units, density greater than 14.1 dwelling units per acre

(4) Commercial acreage

(5) Industrial acreage.

Because there can be mixed traditional commercial, industrial and residential uses within the same project, for fee assessment purposes only, the commercial or industrial acreage fee shall be applied to the whole project based upon the existing underlying zoning classification of the property at the time of issuance of a building permit. The following chapter 90 zoning classifications shall be used when calculating the commercial and industrial acreage fees:

Commercial acreage: A, A-1-C, A-2-C, R-A, R-1, R-1-C, R-2, R-3, R-P, O-P, C-1, C-2, C-M, D-1, D-2, M-1, M-2, I, or SP with one of the aforementioned zones used as a base zone.

Industrial acreage: C-M, M-1, M-2, I, SP with one of the aforementioned zones used as base zone.

Subject to an adjustment of the fee as set forth in this article, the following fee shall be paid for each development project within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan Fee Area:

Residential, density less than 8.0 dwelling units per acre .....$1,651 per dwelling unit.

Residential, density between 8.1 and 14.0 dwelling units per acre .....$1.057 per dwelling unit.

Residential, density greater than 14.1 dwelling units per acre .....$859 per dwelling unit.

Commercial .....$5,620 per acre.

Industrial .....$5,620 per acre.

(Ord. No. 1712, § 1, 1-27-04)

The boundary of the Western Riverside County Multiple Species Habitat Conservation Plan Fee Area is the same as the MSHCP boundary as set forth in that document entitled Multiple Species Habitat Conservation Plan Area Map dated June 2003, which is on file with the city planning department.

(Ord. No. 1712, § 1, 1-27-04)

Notwithstanding any provision of chapter 90 to the contrary, no building permit shall be issued for any residential unit or development project except upon the condition that the Western Riverside County Multiple Species Habitat Conservation Plan Fee required by this chapter be paid.

(Ord. No. 1712, § 1, 1-27-04)

The fee shall be paid as follows:

The fee shall be paid in full at the time a certificate of occupancy is issued for the residential unit or development project or upon final inspection, whichever occurs first. No final inspection shall be made, and no certificate of occupancy shall be issued, prior to full payment of the Western Riverside County Multiple Species Habitat Conservation Plan Fee. However, this section shall not be construed to prevent payment of the fee prior to the issuance of an occupancy permit or final inspection.

A fee shall be assessed one time per lot or parcel except in cases of changes in land use. The fee required to be paid when there is a change in land use shall be reduced by the amount of any previously paid fee for that property. 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.

The fee for commercial and industrial development projects shall be paid in its entirety for the project area and shall not be prorated.

The fee required to be paid shall be the fee in effect at the time of payment.

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

Notwithstanding any other written requirements to the contrary, the fee shall be paid whether or not the development project is subject to city conditions of approval imposing the requirement to pay the fee.

If all or part of the development project is sold prior to payment of the fee, the project shall continue to be subject to the requirement to pay the fee as provided herein.

For development projects which the city does not require a final inspection or issuance of a certificate of occupancy, the fee shall be paid prior to any use or occupancy.

For purposes of this chapter, congregate care residential facilities and recreational vehicle parks shall pay the commercial acreage fee.

(Ord. No. 1712, § 1, 1-27-04)

Refunds of the fee shall not be made, except in cases of overpayment or miscalculation of the fee. Only the person or entity who paid the fee shall be entitled to any refund.

(Ord. No. 1712, § 1, 1-27-04)

The amount of the fee for a commercial or industrial development project required to be paid shall be based on the acreage to be developed and shall be calculated on the basis of the project area in accordance with the following:

The project area shall be determined by city staff based upon the applicant's development plot plan submitted to the planning department.

If the difference between the net acreage, as exhibited on the plot plan, and the project area is less than one-quarter acre, the fee shall be paid on the full gross acreage.

The applicant may elect, at his or her own expense, to have the project area evaluated, dimensioned, and certified by a registered civil engineer or a 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 that clearly delineates the project area. Upon receipt of the letter of certification and plot plan exhibit, the fee required to be paid shall be based upon the certified project area.

(Ord. No. 1712, § 1, 1-27-04)

The fee established by this chapter shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for "All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first fee revision shall not be made prior to a minimum of ten months subsequent to the effective date of this chapter. The fee, as revised annually, shall be compiled by the city financial office and shall be included in an annual report to the city council pertaining to the accounting for the Western Riverside County Multiple Species Habitat Conservation Plan Fee as required by Government Code Section 66006.

(Ord. No. 1712, § 1, 1-27-04)

The city council may periodically review and cause an adjustment to be made to the Western Riverside County Multiple Species Habitat Conservation Plan Fee. By amendment to this chapter, the fee may be increased or decreased to reflect changes in actual and estimated costs of the lands to be acquired. The adjustment in the fee may also reflect changes in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to acquire said lands. Any adjustment in the fee will be prospective only and will become effective as of the date any such amendment is effective.

(Ord. No. 1712, § 1)

The city may grant to owners or developers of real property, a credit against the fee that would otherwise be charged pursuant to this chapter, for the dedication of land determined to be necessary for inclusion in the MSHCP Conservation Area. The amount of the credit granted shall be determined by an estimate of the fair market value of the land dedicated. The actual value of the land to be dedicated shall be determined through the process set forth in Section 6.1.1. of the MSHCP.

Any credit granted by the city shall be given in stated dollar amounts only. An applicant for a proposed development may apply for credit to reduce the amount of the fee required to be paid prior to approval of the development.

Any credit granted in the amount of the fee to be paid shall be included as a condition of approval for the development. If an applicant has received the development approval from the city and has not previously applied for a credit to reduce the amount of the fee required to be paid, an applicant may apply for such credit with the planning department prior to issuance of a grading permit for the development.

Any credit granted and the amount of the fee required to be paid shall be included as a condition of approval on the grading permit issued for the development.

(Ord. No. 1712, § 1)

The following types of construction shall be exempt from the provisions of this chapter.

(1) Reconstruction of a residential unit or commercial or industrial building damaged or destroyed by fire or other natural causes.

(2) Rehabilitation or remodeling of an existing residential unit, commercial or industrial building, and additions to an existing residential unit or commercial or industrial building.

(3) Development within a project area that is currently or has been previously improved.

(4) Detached second units.

(5) Construction of a single family residential unit upon property wherein a mobile home, installed pursuant to an installation permit, was previously located prior to the effective date of this chapter.

(6) Guest dwellings.

(7) Additional single-family residential units located on the same parcel pursuant to the provisions of any residential and/or agricultural zoning classifications.

(8) Any development project which was approved prior to June 22, 2004 and for which a mitigated negative declaration, negative declaration or an environmental impact report was prepared that analyzed all environmental impacts as would be required under the MSHCP and reduced those impacts below a level of significance such that repeating the environmental review under the MSHCP would be unnecessarily duplicative as determined by the planning director.

(9) Agreements for relocation where development impact fees were reduced which agreement effective date was prior to this chapter.

(10) Development projects which are the subject of a public facility development agreement entered into pursuant to Government Code, Section 65864 et seq. Prior to the effective date of this ordinance, wherein the imposition of new fees are expressly prohibited.

(11) Government/public buildings, public schools and public facilities including, but not limited to: Western Center Museum, MWD Water Museum, ValleyWide Park Facilities and MWD owned and operated improvements at Diamond Valley Lake.

(Ord. No. 1712, § 1; Ord. No. 1740, § 1)

All fees received pursuant to this chapter shall be deposited, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law. A one percent administration fee shall be retained by the city.

(Ord. No. 1712, § 1)

This chapter and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of the chapter shall not be affected thereby. If any part, sentence, section or clause of the chapter, or its application to any person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of the chapter, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of the chapter, or its application to other persons or entities. The city council hereby declares that this chapter would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this chapter not been included herein; or had such person or entity been expressly exempted from the application of this chapter.

(Ord. No. 1712, § 1)