HomeMy Public PortalAboutOrdinance 1131ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF THE CITY OF BEAUMONT TO UPDATE THE LOCAL
DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN
ACCORDANCE WITH THE WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
WHEREAS, the City Council of the City of BEAUMONT ("City") finds that the
ecosystems of the City and western Riverside County, and the vegetation communities and
sensitive species they support are fragile, irreplaceable resources that are vital to the general
welfare of all residents;
WHEREAS, these vegetation communities and natural areas contain habitat value which
contributes to the City's and the region's environmental resources;
WHEREAS, special protections for these vegetation communities and natural areas are
being established to prevent future endangerment of the plant and animal species that are
dependent upon them;
WHEREAS, adoption and implementation of this Ordinance will help to enable the City
to achieve the conservation goals set forth in the Western Riverside County Multiple Species
Habitat Conservation Plan ("MSHCP"), adopted by the City Council on October 7, 2003, to
implement the associated Implementing Agreement executed by the City Council on October
19, 2004, and to preserve the ability of affected property owners to make reasonable use of their
land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the
California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"),
the California Endangered Species Act ("CESA"), the California Natural Community
Conservation Planning Act ("NCCP Act"), and other applicable laws;
WHEREAS, the purpose and intent of this Ordinance is to update its Local Development
Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem
processes that support this diversity; the protection of vegetation communities and natural areas
within the City and western Riverside County which are known to support threatened, endangered,
or key sensitive populations of plant and wildlife species; the maintenance of economic
development within the City by providing a streamlined regulatory process from which
development can proceed in an orderly process; and the protection of the existing character of the
City and the region through the implementation of a system of reserves which will provide for
permanent open space, community edges, and habitat conservation for species covered by the
MSHCP;
WHEREAS, the findings set forth herein are based on the MSHCP and the 2020 Nexus
Study, and the estimated implementation costs of the MSHCP as set forth in the 2020 Nexus Study,
a copy of which is on file in the City Clerk's office;
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WHEREAS, The Western Riverside County Regional Conservation Authority ("RCA")
has prepared an updated nexus study entitled "WESTERN RIVERSIDE COUNTY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN NEXUS FEE STUDY UPDATE" (2020 Nexus
Study") pursuant to California Government code sections 66000 et seq. for the purpose of updating
the Local Development Mitigation Fee ("LDMF"). On December 7, 2020, the RCA Board of
Directors reviewed the 2020 Nexus Study and directed RCA Permittees to adopt this updated
MSHCP fee ordinance.
WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is
authorized to enact measures that protect the health, safety, and welfare of its citizens;
WHEREAS, pursuant to Government Code sections 66000 et seq., the City is empowered
to impose fees and other exactions to provide necessary funding and public facilities required to
mitigate the negative effect of new development projects;
WHEREAS, the City Council took action on the MSHCP and the associated Implementing
Agreement and adopted the original LDMF, and made appropriate findings pursuant to CEQA;
WHEREAS, the levying of LDMF has been reviewed by the City Council and staff in
accordance with the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines and it has been determined that the adoption of this ordinance is exempt from CEQA
pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and
15378(b)(4) of the State CEQA Guidelines; and
WHEREAS, pursuant to Government Code sections 66016, 66017, and 66018, the City
has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating
the estimated cost required to provide the facilities and infrastructure for which these development
fees are levied and the revenue sources anticipated to provide those facilities and infrastructure;
(b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have
requested notice of new or increased development fees; and (c) held a duly noticed, regularly
scheduled public hearing at which oral and written testimony was received regarding the proposed
fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council finds and determines as follows:
A. The preservation of vegetation communities and natural areas within the City and western
Riverside County which support species covered by the MSHCP is necessary to protect and
promote the health, safety, and welfare of all the citizens of the City by reducing the adverse direct,
indirect, and cumulative effects of urbanization and development and providing for permanent
conservation of habitat for species covered by the MSHCP.
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B. It is necessary to update certain development impact fees to ensure that all new
development within the City pays its fair share of the costs of acquiring and preserving vegetation
communities and natural areas within the City and the region which are known to support plant
and wildlife species covered by the MSHCP.
C. A proper funding source to pay the costs associated with mitigating the direct, indirect, and
cumulative impacts of development to the natural ecosystems within the City and the region, as
identified in the MSHCP, is a development impact 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 or the relative cost of mitigating such
impacts.
D. The MSHCP and the 2020 Nexus Study, a copy of which is on file in the City Clerk's
office, provides a basis for the imposition of development impact fees on new construction.
E. The use of the development impact fees to mitigate the impacts to the City's and the
region's natural ecosystems is reasonably related to the type and extent of impacts caused by
development within the City.
F. The costs of funding the proper mitigation of natural ecosystems and biological resources
impacted by development within the City and the region are apportioned relative to the type and
extent of impacts caused by the development.
G. The facts and evidence provided to the City establish that there is a reasonable relationship
between the need for preserving the natural ecosystems in the City and the region, as defined in
the MSHCP, and the direct, indirect, and cumulative impacts to such natural ecosystems and
biological resources 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 the
2020 Nexus Study.
H. The cost estimates for mitigating the impact of development on the City's and the region's
natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not
exceed the reasonably estimated total of these costs.
I. 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 City Council finds that the benefit
to each development project is greater than the amount of the fee to be paid by the project.
J. The fees collected pursuant to this Ordinance shall be used to finance the acquisition and
perpetual conservation of the natural ecosystems and certain improvements necessary to
implement the goals and objectives of the MSHCP.
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SECTION 2. ADMINISTRATIVE RESPONSIBILITY. The RCA is hereby
reaffirmed as the Administrator of this Ordinance. The RCA is hereby authorized to receive all
fees generated from the Local Development Mitigation Fee within the City, and to invest, account
for, and expend such fees in accordance with the provisions of the MSHCP, MSHCP Implementing
Ordinance, this Ordinance, and the MSHCP Mitigation Fee Implementation Manual. The detailed
administrative procedures concerning the implementation of this Ordinance shall be contained in
the MSHCP Mitigation Fee Implementation Manual adopted December 7, 2020 and as may be
amended from time to time. The RCA Board of Directors may adopt a policy that will allow the
City to authorize the RCA to calculate the fees due and collect those amounts directly from
property owners. If such a policy is adopted, it will be included in the MSHCP Mitigation Fee
Implementation Manual.
SECTION 3. DEFINITIONS. As used in this Ordinance, the following terms shall have
the following meanings:
"Accessory Dwelling Unit" means an accessory dwelling unit as defined by California
Government Code section 65852.2(j)(1), or as defined in any successor statute.
"Board of Supervisors" means the Board of Supervisors of the County of Riverside,
California.
"City" means the City of BEAUMONT, County of Riverside, California.
"City Council" means the City Council of the City of BEAUMONT, California.
"Credit" means a credit allowed pursuant to Section 10 of this Ordinance, which may be
applied against the development impact fee paid.
"Development" means a human -created change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filing, grading, paving, excavating, and
drilling.
"Development Project" or "Project" means any project undertaken for the purpose of
development pursuant to the issuance of a building permit by the City pursuant to all applicable
ordinances, regulations, and rules of the City and state law.
"Junior Accessory Dwelling Unit" means a junior accessory dwelling unit as defined by
California Government Code section 65852.22(h)(1), or as defined in any successor statute.
"Local Development Mitigation Fee" or "Fee" means the development impact fee imposed
pursuant to the provisions of this Ordinance.
"Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside
County Multiple Species Habitat Conservation Plan, adopted by the City Council.
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"MSHCP Conservation Area" has the same meaning and intent as such term is defined and
utilized in the MSHCP.
"Ordinance" means this Ordinance No. 2021- of the City of BEAUMONT, California.
"Project Area" means the area, measured in acres, within the Development Project
including, without limitation, any areas to be developed as a condition of the Development Project.
Except as otherwise provided herein, the Project Area is the area upon which the project will be
assessed the Local Development Mitigation Fee. See the MSHCP Mitigation Fee Implementation
Manual for additional guidance for calculating the Project Area.
"Revenue" or "Revenues" means any funds received by the City pursuant to the provisions
of this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and
preserving vegetation communities and natural areas within the City and the region which are
known to support threatened, endangered, or key sensitive populations of plant and wildlife
species.
"Western Riverside County Regional Conservation Authority" or "RCA" means the
governing body established pursuant to the MSHCP that is delegated the authority to oversee and
implement the provisions of the MSHCP.
Any capitalized term not otherwise defined herein shall carry the same meaning and
definition as that term is used and defined in the MSHCP.
SECTION 4. LOCAL DEVELOPMENT MITIGATION AND LOCAL
INFRASTRUCTURE FEE.
A. Adoption of Local Development Mitigation Fee Schedule. The City Council shall adopt
an applicable Local Development Mitigation Fee schedule provided by the RCA through a separate
resolution, which may be amended from time to time.
B. Public Projects. The City is required to mitigate the impacts of Public Projects pursuant
to the MSHCP and the MSHCP Implementing Agreement. The definition of Public Project and
the method for mitigating Public Projects will be set forth in the MSHCP Mitigation Fee
Implementation Manual.
C. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set
forth in the fee resolution referenced above may be periodically reviewed and the amounts adjusted
as set forth in the MSHCP Mitigation Fee Implementation Manual.
D. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment
mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the
Local Development Mitigation Fee established by this Ordinance as set forth in the MSHCP
Mitigation Fee Implementation Manual.
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SECTION 5. IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION
FEE.
A. The Local Development Mitigation Fee will be paid no later than at the issuance of a
building permit. Notwithstanding any other provision of the City's Municipal Code, no building
permit shall be issued for any Development Project unless the Local Development Mitigation Fee
applicable to such Development Project has been paid. The amount of the Fee shall be calculated
in accordance with the MSHCP Mitigation Fee Implementation Manual.
B. In lieu of the payment of the Local Development Mitigation Fee as provided above, the
Fee for a Development may be paid through a Community Facilities District, provided that such
arrangement is approved by the RCA in writing.
SECTION 6. PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE.
A. The Local Development Mitigation Fee shall be paid in full in accordance with applicable
law.
B. The Local Development Mitigation Fee required to be paid under this Ordinance shall be
the fee in effect at the time the fee is paid for which the Local Development Mitigation Fee is
assessed; provided, however, that Housing Development Projects as defined by California
Government Code section 65589.5(h)(2) may be entitled to pay the fee in effect at the time of the
preliminary application was submitted.
C. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not
the Development Project is subject to conditions of approval by the City imposing the requirement
to pay the fee.
D. If all or part of the Development Project is sold prior to payment of the Local Development
Mitigation Fee, the Project shall continue to be subject to the requirement to pay the fee as provided
herein.
E. The fee title owner(s) of the Property is responsible for the payment of the Local
Development Mitigation Fee.
SECTION 7. REFUNDS.
Under certain circumstances, such as double payment, expiration of a building permit, or fee
miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be
reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the net
revenue stream. Refunds will only be considered reimbursable if requested within 3 years of the
original LDMF payment. In all cases, the applicant must promptly submit a refund request with
proof of LDMF payment to the RCA if RCA collected the LDMF, or if collected by a local
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jurisdiction, the refund request shall be submitted to that local jurisdiction, which will subsequently
forward the request to RCA for verification, review, and possible action.
1. Expiration of Building Permits - If a building permit should expire, is revoked, or is
voluntarily surrendered and is, therefore voided and no construction or improvement of land has
commenced, then the applicant may be entitled to a refund of the LDMF collected which was paid
as a condition of approval, less administration costs. Any refund must be requested within three
(3) years of the original payment. The applicant shall pay the current LDMF in effect at the time
in full if s/he reapplies for the permit.
2. Double Payments — on occasion due to a clerical error, a developer has paid all or a
portion of the required LDMF for project twice. In such cases, a refund of the double payment may
be required.
3. Balance Due — when LDMF is incorrectly calculated due to City clerical error, it is the
City's responsibility to remit the balance due to RCA. The error must be discovered within three
(3) years of the original payment for the City to be held accountable. The amount due can be
remitted through alternate methods agreed to by the RCA Executive Committee. If first approved
through RCA staff in writing, the calculation is not subject to additional review.
SECTION 8. ACCOUNTING AND DISBURSEMENT OF COLLECTED LOCAL
DEVELOPMENT MITIGATION FEES.
A. All fees paid pursuant to this Ordinance shall be deposited, invested, accounted for, and
expended in accordance with Section 66006 of the Government Code and all other applicable
provisions of law.
B. Subject to the provisions of this section, all fees collected pursuant to this Ordinance shall
be remitted to the Western Riverside County Regional Conservation Authority at least quarterly.
C. In the resolution mentioned in Section 4.A, the City has added a twenty-six dollar ($26)
administrative cost recovery fee in an additional cost to the Local Development Mitigation Fee
schedule to cover the costs of collecting the fees from project proponents. Any amounts collected
by the City shall not reduce the amount collected and remitted to the RCA under this Ordinance.
SECTION 9. EXEMPTIONS. The following types of construction shall be exempt from
the provisions of this Ordinance:
A. Reconstruction or improvements that were damaged or destroyed by fire or other natural
causes, provided that the reconstruction or improvements do not result in additional usable square
footage.
B. Rehabilitation or remodeling to an existing Development Project, provided that the
rehabilitation or remodeling does not result in additional usable square footage.
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C. Accessory Dwelling Units, but only to the extent such fee is exempted under state law.
D. Junior Accessory Dwelling Units, but only to the extent such fee is exempted under state
law.
E. Existing structures where the use is changed from an existing permitted use to a different
permitted use, provided that no additional improvements are constructed and does not result in
additional usable square footage.
F. Certain Agricultural Operations as allowed by the MSHCP, as amended.
G. Vesting Tentative Tract Maps entered into pursuant to Government Code section 66452 et
seq. (also, Government Code section 66498.1 et seq.) and Development Projects which are the
subject of a development agreement entered into pursuant to Government Code section 65864 et
seq., prior to the effective date of Resolution 2003-29, wherein the imposition of new fees are
expressly prohibited, provided that if the term of such a vesting map or development agreement is
extended by amendment or by any other manner after the effective date of Resolution 2003-29,
the MSHCP Fee shall be imposed.
Except as exempted above, all projects are required to make a mitigation payment/
contribution and where no mitigation payment process is specified, the project will pay the updated
per acre mitigation fee.
SECTION 10. FEE CREDITS. Any Local Development Mitigation Fee credit that may
be applicable to a Development Project shall be determined by the City and approved by the RCA.
All Fee Credits shall comply with the resolutions, ordinances, Implementing Agreement, and
policies of the Western Riverside County Regional Conservation Authority including, without
limitation, the MSHCP Mitigation Fee Implementation Manual.
SECTION 11. SEVERABILITY. 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 be affected
thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to
any person 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 provision, parts, sentences, paragraphs,
sections, or clauses of this Ordinance, or its application to other persons or entities. The City
Council 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 12. CEQA FINDINGS. The City Council hereby finds that in accordance with
CEQA and the CEQA Guidelines the adoption of this Ordinance is exempt from CEQA pursuant
to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and
15378(b)(4) of the State CEQA Guidelines.
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SECTION 13. ORDINANCE SUPERSEDED. This Ordinance supersedes the provisions
of Resolution No. 2003-29 provided this Ordinance is not declared invalid or unenforceable by a
court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or
unenforceable by a court of competent jurisdiction, Resolution No. 2003-29 and all other related
ordinances and policies shall remain in full force and effect.
SECTION 14. EFFECTIVE DATE. The Mayor shall sign this Ordinance and the City
Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary
of it, to be published in the Press Enterprise, a newspaper published and circulated in the City of
BEAUMONT, and thereupon and thereafter this Ordinance shall take effect and be in force
according to law. Pursuant to Section 13.2(A) of the MSHCP Implementing Agreement, the City
Clerk shall send a copy of this Ordinance to RCA within 30 days of the date of adoption.
PASSED, APPROVED, AND ADOPTED, this 18 day of May, 2021, by the following:
AYES: Santos, Fenn, Martinez, White, Lara
NOES:
ABSENT:
ABSTA
Lara,
Attest:
Nicole Wheejwright, Deputy City
Approved to form:
Pinkney, Ci ' Attorney
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