ORDINANCE NO. 810.2

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

AMENDING ORDINANCE NO. 810 TO ESTABLISH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN MITIGATION FEE

 

            The Board of Supervisors of the County of Riverside Ordains as Follows:

 

            Section 1.        Ordinance No. 810 and Chapter 4.62, Sections 4.62.010 through 4.62.190 of the Riverside County Code are hereby amended in their entirety to read as follows:

            Section 1.         Short Title.       This ordinance shall be known as the “Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance”.

            Section 2.         Findings.           The Board of Supervisors finds and determines that:

A.        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 unincorporated area of western Riverside County, lands supporting species covered by the MSHCP must be acquired and conserved.

B.         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.

C.        The appropriate funding source to pay the costs associated with mitigating the impacts of new development to the natural ecosystems and covered species within the unincorporated area of western Riverside County, 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.

D.        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 Board finds that the benefit to each development project is greater than the amount of the Fee to be paid by that project.

 

E.         The MSHCP and Mitigation Fee Nexus Report, a copy of which is on file in the Clerk of the Board’s Office, provide a basis for the imposition of the Fee on new development.

F.         The use of the Fee to mitigate the impacts to the County’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 unincorporated area of western Riverside County.

G.        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.

H.        The facts and evidence provided to and considered by the Board 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.

I.          The cost estimates for mitigating the impact of new development on the County’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.

J.          The Fees collected pursuant to this Ordinance shall be used to finance the acquisition of lands and certain improvements necessary to implement the goals and objectives of the MSHCP.

K.        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 Board 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.

            Section 3.         Authority.         This Ordinance is established under the authority of Title 7, Division1, 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.

            Section 4.         Purpose.           This Ordinance 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 Ordinance and establishes the authorized use of the Fees collected.

            Section 5.         Administrative Responsibility.    The County Executive Officer shall be responsible for the administration of this Ordinance.  Detailed administrative procedures concerning the implementation of this Ordinance shall be established and set forth in a resolution adopted by the Board of Supervisors.

            Section 6.         Definitions.       As used in this Ordinance, the following terms shall have the following meanings:

            “Board of Supervisors” or “Board” means the Board of Supervisors of the County of Riverside.

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

            “County” means the County of Riverside.

            “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 Ordinance No. 457.

            “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 applicant’s exhibit,      as submitted to the Riverside County 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 (1) family and containing but one (1) kitchen, which unit is designed or occupied for residential purposes, including single family dwellings and mobilehomes 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 County pursuant to the provisions of            this ordinance 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 Ordinance.

            Section 7.         Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee.  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; and (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 a building permit.  The following Ordinance No. 348 zoning classifications shall be used when calculating the commercial and industrial acreage Fees:

                        Commercial Acreage:  R-1, R-4, R-R-O, R-1-A, R-A, R-2, R-2-A, R-3, R-3-A, R-T, R-T-                        R, R-4, R-5, R-6, C-1/C-P, C-T, C-P-S, C-R, C-O, R-V-C, C-V, W-2, R-D, N-A, W-2-M,                       W-1, or SP with one of the aforementioned zones used as a base zone.

            Industrial Acreage:  I-P, M-S-C, M-M, M-H, M-R, M-R-A, A-1, A-P, A-2, A-D, W-E, or            SP with one of the aforementioned zones used as a base zone.

Subject to an adjustment of the Fee as set forth in Section 16 of this Ordinance, 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

            Section 8.         Western Riverside County Multiple Species Habitat Conservation Plan Fee Area Boundary.      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 MSHCP Plan Area Map dated June 2003, which is on file with the Clerk of the Board.

Section 9.         Imposition of Fees.       Notwithstanding any provision of Ordinance No. 457 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 Ordinance be paid.

Section 10.       Payment of Fees.          The Fee shall be paid as follows:

              A.      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.

             B.        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.

            C.        The Fee for commercial and industrial development projects shall be paid in its entirety for the Project Area and shall not be prorated.

            D.        The Fee required to be paid 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 any other written requirements to the contrary, the Fee shall be             paid whether or not the development project is subject to Riverside County conditions of      approval imposing the requirement to pay the Fee.

            G.        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.

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

            I.          For purposes of this Ordinance, congregate care residential facilities and            recreational vehicle parks shall pay the commercial acreage Fee.

Section 11.       Refunds.           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.

            Section 12.       Acreage-Based Fee.  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:

            A.        The Project Area shall be determined by County staff based upon the applicant’s                       development plot plan submitted to the Planning Department.

            B.         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.

            C.        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.

Section 13.       Automatic Fee Revisions and Accountings.        The Fee established by this Ordinance 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 10 months subsequent to the effective date of this Ordinance.  The Fee, as revised annually, shall be compiled by the County Executive Office and shall be included in an annual report to the Board of Supervisors pertaining to the accounting for the Western Riverside County Multiple Species Habitat Conservation Plan Fee as required by Government Code Section 66006.

Section 14.       Fee Adjustment.           The Board of Supervisors 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 Ordinance, 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 Ordinance, 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.

Section 15.       Credits.            The County may grant to owners or developers of real property, a Credit against the Fee that would otherwise be charged pursuant to this Ordinance, 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 County 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 and 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 County 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.

Section 16.       Exemptions.      The following types of construction shall be exempt from the provisions of this Ordinance:

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

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

            C.        Development within a Project Area that is currently or has been previously

      improved.

            D.        Detached Second Units pursuant to Section 18.28a of Riverside County Ordinance       No. 348 and Attached Second Units pursuant to Section 18.28b of Ordinance No. 348.

            E.         Construction of a single family residential unit upon property wherein a   mobilehome, installed pursuant to an installation permit, was previously located prior to           the effective date of Ordinance No. 810.2.  

            F.         Guest Dwellings, as defined in Section 21.31 of Ordinance No. 348.

            G.        Additional single family residential units located on the same parcel pursuant to the         provisions of any agricultural zoning classifications set forth in Ordinance No. 348.

            H.        Kennels and Catteries established in connection with an existing single family      residential unit and as defined in Sections 21.20 and 21.40a of Ordinance No. 348.

Section 17.       Fee Administration.       All Fees received pursuant to this Ordinance shall be deposited, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law.

Section 18.       Validity.  This Ordinance 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 this Ordinance shall not be affected thereby.  If any part, sentence, paragraph, section or clause of this ordinance, 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 this Ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this Ordinance, or its application to other persons or entities.  The Board of Supervisors hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance.

Section 2.        Effective Date.  This Ordinance shall take effect immediately upon issuance of the appropriate permits authorizing take in connection with the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game.  However, in no event shall this Ordinance take effect prior to 60 days after the date of its adoption.               

 

 

ADOPTED:

 

810 (13.1)      03/13/01                     EFF: 05/11/01

 

AMENDED:

 

810.1 (9.11)   11/26/02                     EFF: 01/24/02

810.2 (15.1)   07/22/03                     EFF: 09/19/03