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HomeMy WebLinkAboutOrd. No. 1989-859NO. 859 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, JOINING THE ESTABLISHED RIVERSIDE COUNTY STEPHENS' KANGAROO RAT HABITAT CONSER- VATION PLAN STUDY AREA AND SETTING INTERIM MITIGATION FEES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS. AS .FOLLOWS: SECTION 1. TITLE. This Ordinance shall be known as the Stephens' Kangaroo Rat Interim Mitigation Fee Ordinance. SECTION 2. FINDINGS. The City Council finds and deter- mines that: (a) The Stephens' Kangaroo Rat is listed as a threatened species by the State of California, and the California Department of Fish and Game has recommended changing its status to endangered. (b) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq. (c) Following the Federal listing of the Stephens' Kangaroo Rat as an endangered species, the habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U. S. Fish and Wildlife Service. Said permit will then allow for the loss of habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival. (d) Development within the historical range of the Stephens' Kangaroo Rat has resulted in loss and degradation of occupied Stephens' Kangaroo Rat habitat, increased isolation of Stephens' Kangaroo Rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant. (e) The Stephens' Kangaroo insured on small isolated in close... proximity.... populations. (f) Impacts to the Stephens' to loss or degradation of only. Rat's survival cannot be acreages surrounded by, or to,., development- or human Kangaroo Rat are not limited actually occupied habitat (g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat would be jeopardized by not implementing an interim measure that requires review of each proposed development within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area to determine the best means of mitigating impacts to the Stephens' Kangaroo Rat. (h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species in the long term, -- as well as, -during -the -preparation - of --the -,Habitat Conservation Plan through one or more of the following: (1) on-site mitigation of impacts to the Stephens' Kangaroo Rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) Payment of the Interim Mitigation Fee set by this ordinance, or (3) Any combination of (1) and (2) consistent with the intent and purpose of this ordinance. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria to be established and agreed upon by the County, the City, and said agencies. (i) A program providing for accordance with the Conservation Plan w establishing sufficient effectively protected Kangaroo Rat's survival all-site project mitigation in development of a Habitat ill provide a mechanism for habitat areas which can be and managed for the Stephens' and recovery. (j) Immediate implementation of this ordinance is necessary to make use of other potential funding opportunities for the development and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat. (k) The successful completion of a Habitat Conservation Plan depends upon providing protection to potential habitat reserve sites until the mechanisms for land acquisition contained within the Plan can be put into effect. (1) All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be used for the development, preparation and implementation of a - Habitat-Conservat-ion-Plan-for•the--Stephens' Kangaroo Rat, including the acquisition of habitat reserve sites, and for the application of a Section 10(a) permit under the Federal Endangered Species Act of 1973. (m) Adoption of this ordinance will provide interim mitigation for projects within the range of the Stephens' Kangaroo Rat allowing said projects to proceed during the preparation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the long term conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if an Interim Mitigation Fee is paid. (n) Adoption and implementation of this ordinance ..........demonstrates the--County! s-.intent _and ..the .City's ..intent to cooperate with federal and state agencies to provide for the survival of the Stephens' Kangaroo Rat. (o) The passage of this ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act. SECTION 3. PURPOSE. The purpose of this ordinance is to finance the preparation, development and implementation of a Habitat Conservation Plan, including the acquisition of habitat reserve sites, and the application for a Section l0(a) permit under the Federal Endangered Species Act of 1973 for the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. It is the further purpose of this ordinance to provide a method for mitigation of impacts to the Stephens' Kangaroo Rat caused by the loss of its habitat due to development during the preparation of a Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' Kangaroo Rat will be accomplished through the review of each proposed development project within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary Study Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the interim fee or a combination of both is appropriate and furthers ,::, the -ultimate.. Habitat Conservation..Plan,objectives: --A. proposed- development project may be referred, for review, to federal and state resources agencies based upon criteria to be established and agreed upon by the county, the City, and said agencies. This ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Interim Mitigation Fee or a combination of both, which upon implementation will satisfy U. S. Fish and Wildlife Service, California Department of Fish and Game, as well as county mitigation requirements for the Stephens' Kangaroo Rat and its habitat which may occur within the unincorporated areas of the County designated herein pending completion and adoption of a Habitat Conservation Plan and issuance of a Section 10(a) permit. SECTION 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings: (a) BOARD OF SUPERVISORS. The Board of Supervisors of the County of Riverside. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by Ordinance No. or state law. (c) CITY. The City of Lake Elsinore. (d) COUNTY. The County of Riverside. (e) DEVELOPMENT PERMIT. City or County approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable County or City ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this ordinance, any subsequent implementing development permit shall not be subject to further review under this ordinance. (f) FEE ASSESSMENT AREA. All real property located within the Riverside County Stephens' Kangaroo Rat Conservation Plan Preliminary Study Area as described in Section 5 of this ordinance. (q) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by the Uniform Building Code, 1985 Edition, or state law. (h) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10 (a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (i) INTERIM MITIGATION FEE. The fee imposed pursuant to the provisions of this ordinance. (j) PARCEL. All real property for which a development permit is applied for. (k) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen, and designed for single-family residential purposes only. (1) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539. (m) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi. (n) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by the Uniform Building Code, 1985 Edition, provided, however, that for purposes of this ordinance, 'grading permit' shall not include the following: (1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 988, and subsequently inspected and approved by the City of Lake Elsinore Department of Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded. (2) A grading permit for real property upon which a detached or attached accessory living quarters will be constructed pursuant to Sections of the Lake Elsinore Municipal Code. (n) CITY. City of Lake Elsinore. SECTION 5. STEPHENS' KANGAROO RAT HABITAT CONSERVATION PLAN PRELIMINARY STUDY AREA. As designated by the Riverside County Board of Supervisors. (See attached Legal Description) SECTION 6. INTERIM MITIGATION FEE. During the time the Interim Mitigation Fee is in effect, all applicants for development permits within the boundaries-of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation.... as .- determined.....through---.the. .environmental- review process shall pay an Interim Mitigation Fee of $1,950.00 per gross acre of the parcels proposed for development.. However, for single-family residential development, wherein all lots within the development are greater than one-half (1/2) gross acre in size, and Interim Mitigation Fee of $1,000.00 per residential unit shall be paid, and for agricultural development which requires a development permit, including, but not limited to dairy farms and excluding poultry farms and the construction of single-family residences in connection with said agricultural development, an Interim Mitigation Fee of $2.00 per square foot of the buildings to be constructed shall be paid provided that at no time shall such fee exceed the amount required to be paid if a fee of $1,950.00 per gross acre were applied to the parcel proposed for agricultural development. SECTION 7. IMPOSITION OF FEE. No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except. upon the condition that on-site mitigation will be provided as determined through the environmental review process of the Interim Mitigation Fee required by this ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan. SECTION 8. PAYMENT OF FEE. The Interim Mitigation Fee shall be paid upon issuance of a grading permit or a Certificate of Occupancy or upon final inspection, whichever occurs first. Payment of the Interim Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' Kangaroo Rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required. SECTION 9. REDUCTION FOR NON-PROFIT ENTITIES. The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non..-profit. entities_._shall,, be ..defined--as -those -entities identified in 26 U.S.C. Section 501(c) (3). SECTION 10. EXEMPTIONS. For purposes of this ordinance, the following types of development shall not be required to pay an Interim Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' Kangaroo Rat habitat: (a) Reconstruction of any structure damaged or destroyed by fire or other natural causes; (b) Rehabilitation or remodeling of existing structures, or additions to existing structures; -- (c-)---Development of--any--•parcel --for which-the ..California Department of Fish and Game has approved other mitigation procedures; (d) ..Development of any ..parcel .used by local, state or federal governments for governmental purposes (i.e. public works, schools); (e) Development of any parcel for which an Interim Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single-family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. (f) The construction of public utility transmission facilities. Said exemption shall not include substations, treatment facilities or pumping stations. (g) Development of any parcel for which approval of a tentative tact map, tentative parcel map, conditional use permit, public use permit, plot plan or surface mining permit is sought and said development will not require the construction of new or additional buildings or the grading or mining of the parcel which may be considered negligible or insignificant as determined by the Community Development Director. (h) Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; or development of any parcel for which approval of an•-application-for-substantial conformance or a minor change to a surface mining permit is sought; and all grading permits necessary for the development of the parcel have previously been issued. SECTION 11. REFUND. In the event that the fee provided for by the final Habitat Conservation Plan is less than the Interim Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the funds collected in excess of any amount received as a credit against the Habitat Conservation and Open Space Land Bank Fee. SECTION 12. FEE ADJUSTMENT. The City Council may periodi- cally review. and cause an .adjustment to be made to the Interim Mitigation Fee. By amendment to this ordinance, the fee may be increased or decreased to reflect changes in estimated costs for the development, preparation and implementation of a Habitat Conservation Plan. 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 prepare and implement the Habitat Conservation Plan. Any adjustment in the fee shall be prospective only and shall become effective as of the date any such amendment is effective, provided, however, that the amount of the Interim Mitigation Fee for any development permit shall be the fee in effect at the time of payment. SECTION 13. TERMINATION OF FEE. The Interim Mitigation Fee shall remain effect until October 30, 1991,or until a Section 10(a) permit is issued, whichever comes first. SECTION 14. FEE ADMINISTRATION. All Interim Mitigation Fees collected pursuant to the provisions of this ordinance shall be deposited into an Interim Mitigation Fee Account. Funds in said account shall be expended solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including the • acquisition of--habitat:,reserve.sites,_.and .. for the- application for a Section 10(a) permit under the Federal Endangered Species Act of 1973. SECTION 15. 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 City Council of the City of Lake Elsinore 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 16. EFFECTIVE DATE. This ordinance shall take effect as required by law. SECTION 17. URGENCY MEASURE. Notwithstanding Section 16 of this ordinance, this ordinance is declared to be an urgency measure and an interim authorization for the Interim Mitigation Fee. This ordinance shall take effect immediately upon its adoption. The City Clerk shall schedule a public hearing before the Board within Thirty (30) days after the adoption of this ordinance to consider extending the interim authorization for an additional thirty (30) days. The clerk shall publish notice of said hearing ten (10) days before the hearing. Pursuant to Section 65962 of the Government Code, the City of Lake Elsinore finds: (a) Development occurring within the Riverside County Stephens' Kangaroo Rat Habitat Conservation Plan Preliminary......Study- Area-has-resulted-in and continues -; to result in loss of habitat for the Stephens' Kangaroo Rat as well as the elimination of the species; (b) Mitigation efforts to date have not been successful; (c) The U. S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq., effective October 31, 1988; (d) Consequently, providing an immediate source of funds as well as protecting potential habitat reserve sites is imperative for the preparation and implementation of a Habitat Conservation Plan and to assure the survival of the species and protect the public welfare. SECTION 18. CREDIT. Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 6584, et. seq., and the project involves the construction of residential units, the Interim Mitigation Fee required to be paid pursuant to the provisions of this ordinance shall be reduced by $175.00 per residential unit. PASSED, APPROVED, AND ADOPTED this 13th day of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: icki Lynn Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: _ John R. Harper, C y Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the Urgency Ordinance was adopted on June 13, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~r n ~~ VICKI LYNN KASAD, CITY CLERK CITY OF LA EISINORE (SEl1L STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 859, of said Council, and that the same has not been amended or repealed. DATED: June 30, 1989 f ~~`^'d'vi(71 CKL I:YNNE ASAO, CITY CLERK CITY OF LAK. ELSINORE (SEAL)