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HomeMy WebLinkAboutOrd. No. 2005-1153 Establishing Fees on Development Projects ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.74 TO TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING FEES ON DEVELOPMENT PROJECTS WHEREAS, Chapter 16.74 of the Lake Elsinore Municipal Code establishes a mechanism for the benefit of the citizens whereby as a condition to the issuance of a building permit or certificate of occupancy by the City the property owner or land developer will be required to pay Development Impact Fees or provide other consideration to the City; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to amend Chapter 16.74 by including additional Development Impact Fees for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which will benefit such new development. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. That Section 16.74.020 of Chapter 16.74 of the Lake Elsinore Municipal Code is hereby amended to add the following defined terms: "Animal Shelter Facilities" mean animal shelter facilities that will primarily serve residents in the City by providing animal control and adoption services, including planning, preliminary engineering, engineering design studies, land surveys, issuance of permits, and construction of animal shelter facilities construction projects. "City Hall and Public Works Facilities" mean the City Hall and public works facilities that serve both homes and businesses citywide, including planning, preliminary engineering, engineering design studies, land surveys, issuance of permits, and construction of City Hall and public works facilities construction projects. "Community Center Facilities" mean community center facilities that will primarily serve residents in the City by providing space and facilities for recreation and similar programs, including planning, preliminary engineering, engineering design studies, land surveys, issuance of permits, and construction of community center facilities construction projects. "Lake Side Facilities" mean lake side facilities that will primarily serve residents in the City by providing recreation at the lake, including planning, preliminary engineering, engineering design studies, land surveys, issuance of permits, and construction of lake side facilities construction projects. CITY COUNCIL ORDINANCE NO. 1153 Page 2 of5 SECTION 2. CITY HALL AND PUBLIC WORKS FACILITIES FEE. That Section 16.74.042 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.042 City Hall and Public Works Facilities Fee. To mitigate the additional burdens created by new development for City Hall and Public Works Facilities, a Development Impact Fee identified as the City Hall and Public Works Facilities Fee will be imposed on all new development in the City to finance the costs of City Hall and Public Works Facilities. SECTION 3. COMMUNITY CENTER FACILITIES FEE. That Section 16.74.044 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.044 Community Center Facilities Fee. To mitigate the additional burdens created by new development for Community Center Facilities, a Development Impact Fee identified as the Community Center Facilities Fee will be imposed on all new development in the City to finance the costs of Community Center Facilities. SECTION 4. LAKE SIDE FACILITIES FEE. That Section 16.74.046 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.046 Lake Side Facilities Fee. To mitigate the additional burdens created by new development for Lake Side Facilities, a Development Impact Fee identified as the Lake Side Facilities Fee will be imposed on all new development in the City to finance the costs of Lake Side Facilities. SECTION 5. ANIMAL SHELTER FACILITIES FEE. That Section 16.74.048 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.0468 Animal Shelter Facilities Fee. To mitigate the additional burdens created by new development for Animal Facilities, a Development Impact Fee identified as the Animal Shelter Facilities Fee will be imposed on all new development in the City to finance the costs of Animal Facilities. 2 CITY COUNCIL ORDINANCE NO. 1153 Page 3 of5 SECTION 6. SEVERABILITY If any provision, clause, sentence or paragraph ofthis ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. NOTICE OF ADOPTION. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. 3 CITY COUNCIL ORDINANCE NO. 1153 Page 4 of 5 INTRODUCED AND APPROVED, UPON FIRST READING this 9th day of August, 2005, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of August, 2005, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE SECOND READING CONFIRMINED AND APPROVED FOR PUBLICATION this 10th day of January 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NO~ Robert E. Magee, May , City of Lake Elsinore 4 CITY COUNCIL ORDINANCE NO. 1153 Page 5 of 5 Frederick , Deputy City Clerk City of Lake Elsinore eibold, City Attorney lsinore 5