Lancaster Municipal Code Ch. 15.66 Biological Impact Fee

Footnotes:

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Editor's note— Ord. No. 1139, § 1, adopted Oct. 28, 2025, amended Ch. 15.66 in its entirety to read as herein set out. Former Ch. 15.66, §§ 15.66.010—15.66.080, pertained to similar subject matter, and derived from Ord. No. 1094, § 1, adopted Nov. 8, 2022.

The city council finds that new development of land within the city results in an incremental effect on biological resources, including loss of habitat and reduction in total numbers of flora and fauna on a regional basis. This chapter establishes the adoption, collection, administration, and use of a biological impact fee to mitigate the long-term incremental impact of adding new development. Further, in recognizing the regional nature of such impacts and the need for regional mitigation for them, as well as the statutory authority over biological resources granted to various federal and state agencies by law, this chapter establishes the basis for such impact fees, conditions under which they are reduced or waived, and the situations under which such fees shall terminate.

(Ord. No. 1139, § 1, 10-28-2025)

The city council expressly finds that the biological impact fee is expressly adopted for the purpose of mitigating biological impacts on a regional basis. Therefore, the establishment of such fee shall be based on expected regional effects from new development and fees necessary to contribute to the city's "fair share" to mitigate such impacts on a regional basis. In establishing the criteria listed in Section 15.66.070 of this chapter, it is the intent of the city council that such fees may be expended either within or outside the city limits in order to achieve the goal of regional mitigation.

(Ord. No. 1139, § 1, 10-28-2025)

The city council shall adopt the biological impact fee by resolution. In accordance with Section 15.66.020 of this chapter, this fee shall be based on the city's expected "fair share" to mitigate regional impacts of new development.

(Ord. No. 1139, § 1, 10-28-2025)

The biological impact fee shall be applicable to all new developments of vacant land and payable as follows:

A. Land Subdivisions. All new subdivisions, as defined in Chapter 16 of the Lancaster Municipal Code, shall pay the biological impact fee prior to city council approval of a final subdivision map.

B. New Development Approvals. New development, which requires the approval of a conditional use permit, site plan review, or a director's review, or which requires the approval of the director of community development under a specific plan or other ordinance, shall pay the biological impact fee prior to issuance of a grading permit on the property.

C. Request for Approval Extensions. Subdivisions and development projects that were approved prior to the adoption of the biological impact fee shall be required to pay the biological impact fee as a condition of any requested time extension allowed by the Lancaster Municipal Code.

(Ord. No. 1139, § 1, 10-28-2025)

The biological impact fee shall not be applicable in the following situations:

A. Agricultural Production. The biological impact fee shall not apply to the use of the property for agricultural production since such use does not permanently convert vacant land to development. Such exception shall not apply, however, to approvals for processing or warehousing facilities which constitute development of the vacant property.

B. Temporary Uses. The biological impact fee shall not apply to uses which are temporary in nature, including but not limited to seasonal sales lots, temporary outdoor events, and similar activities, provided that the director of community development has determined that such temporary use will not permanently convert vacant land to development.

C. Expansion of Existing Buildings and Uses on Developed Property. The biological impact fee shall not apply to the expansion of existing buildings or uses on the developed property, where the director of community development has determined that such expansion will not intrude into significant areas of vacant land.

D. Development of Existing Residential Parcels. The biological impact fee shall not apply to the development of new residential uses on existing legally created parcels. Such exception shall not apply to situations where a legally created parcel is further subdivided, which shall pay the impact fee in accordance with Section 15.66.040(A) of this chapter.

E. Fee Precluded by Development Agreement. The biological impact fee shall not apply where an adopted development agreement specifically prohibits its imposition.

(Ord. No. 1139, § 1, 10-28-2025)

Development subject to the biological impact fee may have such fee reduced or waived under the following circumstances:

A. Development Projects Subject to Statutory Permits by a State or Federal Agency. When a development project is required by state or federal statute to obtain a permit from regulatory agency other than the city including, but not limited to an incidental take permit from the United States Fish and Wildlife Service (USFWS) or the California Department of Fish and Game (CDFG), a streambed alteration permit from the CDFG, or similar permit, the biological impact fee established by this chapter may be reduced or waived as follows:

1. The development project is required to provide mitigation in the form of land or fees as a condition of the permit, and the applicant provides proof that such fees have been paid or land acquired.

2. In cases where the mitigation fees paid or the cost of the land acquisition does not exceed the adopted biological impact fee, the development project shall pay the biological impact fee minus the other mitigation costs.

3. In cases where the mitigation fees paid or the cost of the land acquisition exceeds the adopted biological impact fee, the biological impact fee is waived.

B. Separate Agreement with State or Federal Agency. When a development project has entered into a separate agreement not covered under subsection A of this section with a state or federal agency for the purpose of mitigating the biological effect of that project through the payment of fees, acquisition of land, or other means, and the state or federal agency has expressly stated that such agreement fully mitigates the biological effects of the development project, the biological impact fee shall be waived.

(Ord. No. 1139, § 1, 10-28-2025)

All biological impact fees shall be held in a separate account and shall only be expended upon an affirmative vote of a majority of the city council specifying the amount and use of such fees. Such fees shall only be expended for the following purposes:

A. Acquisition of Mitigation Land. Fees may be expended for the purpose of acquiring or paying a third party for the acquisition of land for the permanent conservation of habitat or species. Such acquisition may include land outside of the city of Lancaster; however, it is the intent of this chapter that any such lands contain habitat or species that will compensate for the incremental loss of the same within the city limits. In identifying such acquisition sites, the city may consult with the USFWS or CDFG for assistance.

B. Restoration of Habitat. Fees may be expended for the purpose of restoring habitat within identified permanent conservation areas.

C. Environmental Education. Fees may be expended for the purpose of funding environmental education, provided that the city council finds that such efforts will contribute to a long-term improvement in the regional environment by increasing public awareness of the biological resources of the region.

D. Other Uses. Fees may be expended for other uses provided that the city council finds that such use will meet the intent of this chapter. The city council expressly finds that assignment of such fees to a group with the authority to administer a regional conservation plan, such as the proposed West Mojave coordinated management plan, is within the intent of this chapter.

(Ord. No. 1139, § 1, 10-28-2025)

The city council shall terminate the biological impact fee at such time as the city becomes subject to a habitat conservation plan or other regional plans that meet the intent of this chapter.

(Ord. No. 1139, § 1, 10-28-2025)