Loading...
HomeMy Public PortalAboutOrdinance 886ORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 3.34 "REGIONAL PARK, MULTIPURPOSE TRAIL AND OPEN SPACE FACILI Y FEE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUM RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: NT, Section 1: Chapter 3.34, entitled "Regional Park, Multipurpose Trail and I , n Space Facility Fee", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED AND ADOPTED this 20ttday of September, 2005. CITY OF BEAUMONT ATTEST: nel Caws mss -r, 1. - 4 ,.-- c City Clerk U CERTIFICATION SE Mayor I, Martha Chance, City Clerk of the City of Beaumont, do hereby certify that e foregoing Ordinance was introduced at a regular meeting of the City Council on 9/ 2005, and was duly adopted upon a second reading on 9/20 , 2005, upon the following roll call vote: AYES: Mayor Dressel, Council Members Fox, DeForge, Berg, and Killo gh. NOES: None. ABSTAIN: None. ABSENT: None. (SEAL) CITY OF BEAUMONT By 1/v1a k& MARTHA CHA' CE, City Clerk 1 e- Chapter 3.34 REGIONAL PARK. MULTIPURPOSE TRAIL AND OPEN SPACE FACILITY FEE Sections: 3.34.010 Purpose. 3.34.020 Terms and Definitions. 3.34.030 Adoption of the Facility Fee. 3.34.040 Applicability. 3.34.050 Amount of the Fee. 3.34.060 Payment of the Fee. 3.34.070 Credits and Reimbursements. 3.34.080 Exemptions. 3.34.090 Use of Funds. 3.34.100 Refunds. 3.34.110 Appeals. 3.34.120 Expiration of the Fee. 3.34.130 Supplementary Fee. 3.34.140 Severability. 3.34.010 Purpose. The residents of the City of Beaumont are presently served by two regional parks, Noble Creek Park and the City of Beaumont Sports Park. Both parks are presently operating at capacity serving existing residents. The City Council has been advised that the cumulative impact of all new development permitted under the General Plan, will exceed the capacity of the two regional parks. In order to meet the increased demand, facilities at the two parks must be upgraded and expanded, and two new regional parks are needed on the east and south sides of the City, connected to existing and future open space by a system of multipurpose trails. 3.34.020 Terms and Definitions. For the purposes of this Chapter, the folldwing terms shall have the meanings indicated in this section: "Public Facilities" means those certain park, trail and open space facilities identified in that certain "City of Beaumont Regional Park, Multipurpose Trail and Open Space Facility Fee Study" dated September 6, 2005, as it may hereafter be amended, which are necessaty to protect the public health, safety and welfare as may be determined by the City Council from: time to time and which are not otherwise provided by, or required of new development within the City. Public Facilities shall also include architectural, administrative, engineering, legal, planning, environmental, plan check, inspection, surveying, construction management and other services required in connection with the implementation of this Chapter and the construction', of the Public Facilities. 1 "Developer" means an individual or entity submitting an application for a bui or other entitlement for development. "Facility Fee" means the Regional Park, Multipurpose Trail and Open Space developed pursuant to the "City of Beaumont Regional Park, Multipurpose Trail and Facility Fee Study" dated September 6, 2005, as it may hereafter be amended, and ad time to time, by resolution of the City Council pursuant to Section 3.34.030. "Development" means: ding permit acility Fee pen Space pted, from 1. A new residential unit, including conversion of an existing uni to more than one residential unit. "Fee Schedule" means the list of Facility Fees adopted by resolution of the •ity Council pursuant to Section 3.34.040 of this Chapter. 3.34.030 Adoption of the Facility Fee. There is hereby adopted the "City o Beaumont Regional Park, Multipurpose Trail and Open Space Facility Fee" to be levied and co lected as provided in this Chapter. The amount of the Facility Fee shall be established, from t me -to -time, by resolution of the City Council. 3.34.040 Applicability. Except as otherwise expressly provided in this Chapter, the Facility Fee is payable with respect to each development within the City for which a .uilding permit is issued. 3.34.050 Amount of the Fee. A. The amount of the Facility Fee shall be calculated by the Building De prior to issuance of the building permit, based upon the then -current fee schedule ad resolution of the City Council pursuant to this Chapter. B. In the event a developer does not agree with the calculation of the Fa the Building Department, he or she may within five (5) business days of the date of t calculation of the fee appeal the calculation of the fee to the Planning Director. C. The developer shall be notified in writing of the Planning Director's determination. Such determination shall be made within thirty (30) days of the PI Director's receipt of the appeal. The developer may provide additional information Planning Director in making the determination. The developer may appeal the dete the Planning Director to the City Council in accordance with the provisions of Sect of this Chapter. 2 artment pted by ility Fee by e ing o assist the ination of n 3.34.110 3.34.060 Payment of the Fee. A. The full amount of the Fee shall be paid at the time of issuance of the building permit. B. No City official may issue a building permit, certificate of occupancy, or certify a final inspection for a development until the Fee required by this Chapter is paid. C. The City shall not accept prepayments of the Facility Fee unless prepayment is authorized in a development or other agreement or is otherwise approved by the City Council. 3.34.070 Credits and Reimbursements. If the developer desires to construct a Public Facility, the developer and the City Council may enter into an agreement regarding a credit or reimbursement of Facility Fees due or paid. 3.34.080 Exemptions. Unless a development or other agreement provides otherwise, the following projects shall be exempt, in whole or in part, from the Facility Fee otherwise required by this Chapter: A. Low income residential housing. B. The rehabilitation and/or reconstruction of any legal residential dwelling unit and/or the replacement of an existing dwelling unit. 3.34.090 Use of Funds. The fees collected pursuant to this Chapter shall, except for temporary investments or capital expenditures, shall be placed in the Regional Park, Multipurpose Trail and Open Space Facility Fee Fund and managed to avoid commingling of the fees with operating revenues or other funds of the City, and shall be used solely for the purpose of designing, acquiring and constructing the Public Facilities identified in the Fee Study or other facility adopted as equal in the Capital Improvement Plan. Any interest income earned on the Fund shall only be expended for the purposes set forth in this Chapter. 3.34.100 Refunds. Refunds may be made where: A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the Facility Fee required under this Chapter has been collected; provided that the claim for such a refund is filed no later than sixty (60) days after the expiration date of the building permit or any extension thereof as may have been approved by the City; or B. A refund is specifically authorized by resolution of the City Council adopted pursuant to Government Code section 66001(d). Such amounts shall be refunded by the City to the then -current record owners of the development on a prorated basis. The City may effect such refund by direct payment, or by providing credit towards future Facility Fees, or by any other means consistent with the intent of Government Code section 66001. 3 3.34.110 Appeals. A developer may appeal to the City Council any determination made pursuant to this Chapter. All appeals shall be in a form prescribed by the Planning Director and shall be filed within fifteen (15) days of the date of determination. Any appeal not filed within such period shall be deemed waived. The City Council shall set the matter for hearing within forty-five (45) days of the date of receipt by the City Clerk of the notice of the appeal. 3.34.120 Expiration of the Fee. The Facility Fee shall expire when the Public Facilities are completed and all debt service related to such public improvements are paid and satisfied. 3.34.130 Supplementary Fee. It is the intent of the City Council that the Facility Fee shall be supplementary to the fees, dedications and conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, the California Environmental Quality Act, and other state laws and City ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon. 3.34.140 Severability. If any sentence, clause, section or part of this Chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence, clause, section or part of this Chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this Chapter, or its effect on other persons or entities. It is declared to be the intention of the City Council that this Chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this Chapter had not been included herein; or had such person or entity been expressly exempted from the application of this Chapter. To this end, the provisions of this Chapter are severable. 4 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 433 Notice — Ordinance No. 886 — City of Bmt. "Re_ional Park Multieu lose Trail and Oee Space Facility Fee" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/30 all in the year 2005 I certify (or declare) under penalty of per jury that the foregoing is true and correct. signature Date 09/30/05 at Riverside, California. This space for County Clerk's Filing Stamp ORDINANCE NGe333NOErr. NoA., 3.34.E Amerfo utthe Fee. ANORDINMIQE Aes7� ' "o 3.34 :-Pent of -me OF THE COY = ,.y ° �, •?o. ' P' COId14CILUF .e kE7et; Cradrte and OPEN FACIk1T11.F.. BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF BENT RIVERSIDE COU-'" STATE, OF Cpt1F,ORNIA AS. FOLLOWS:•... ^1prttn f Clapfera.34, sr* tied "Regionet , Park, AhdYpurpGoe Ranee aeon Spee FES, Pee", Is here- by amended Inas entirety to read.ss epeatimilte Provided for in. Esheat R, which Exhibit is attached hereto and made it part hereof Sargon S. Thus Ordinance shall fake acct as,provided by law. MOVED. ..PASSED AND ADOPTED.tiwp- :day of SCRY OF isitambatoat UMQNT -s-. By Larry Drawel LARRY-DRESSEL ATTEST: -s. Mata lawn Chance CERBOBat Cay CI * 1, Mete* CltRace. Oily Check of the SMY of BtfeemMt 0° hereby certify artIertefead Ing OPOISSOP ,Thte d diced s@,a,gpgplptatselqp:o4 tie,. andwee, WO fl second fh'r+i ca® AWLS:`;' Cour*. MeMbeal Fax, DeForge, Stag'soditOWgh. 3.344- 3.34.100 RNuPij . 3.34.110 Appeals.. 3.34.120 Expiration of the 3 6.130 Supplemamary 3341. 4444:: The real. dent of. to City... of IhMBeaumont we presently sawed by who nfgionel Pads, Node Creek Perk and the City of Beaumont Sports Parc. Both parks are no Wake% at MO existing . The City Council has been advised. Mat te.cumuletive impact of all new develop- ment peemilted under the Genera! Plan w6 exceed the capacity of the two raga:awl para. in order m Meet are uxxessed'demand,: at the tea pelta ] u • new pgraded needed On tlts -east ,and south Secret the Cy,•eon- nested future o spacee syysstent of es of tree rfo Ing terms - �lhave the meanings. indicated in this section: "Pub& Fgyetiert . means those eertafrl park, trail and opentoupees Idem fled in oartan "City of Beaumo Regional Shark, Muldpur$se Trap and Open Space Facility Fee Study' dated September 0 200S, as It may hereafter be amended, IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 433 Notice - Ordinance No. 886 - City of Bmt. "Re•ional Park Multi. u .ose Trail and 0.e Space Facility Fee" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/30 all in the year 2005 I certify (or declare) under penalty of per jury that the foregoing is true and correct. /)` / 6..<. �__ • —_ - _-�:—' signature Date 09/30/05 at Riverside, California. This space for County Clerk's Filing Stamp MOO are 0000000 lefire- tact the public health safety and weep/ lie may been mined by, the Oly Crenae from time to k�ittss min which are nitoUtervie'provltltled devel- opment <Man thiel Pub*c Facades end tied Include aroMe*SrW. earrinisfriteve, argireeri w,. pea+ +g. enwk01, , d+aat, inepaclfon, surviing; Lon. *moat mwiagemattt and other serviced- rsgulred tit connection with the Impw mentation of this Chapter and the a nstrudion Of the Puan�i9ceyF,7peea�iyU. viand' of ellaf. an abuddy per. ntt�a icanartore t tor 'Fyn Fee" means the Regional Park, Multipurpose Trail and OpenDeffeen Fee dewelopad pure** fo the 'City of. Ieiaumont Trait andOpen Fadity Fee Study" mind September 6, 2006, as it May larvae tom . W: ten al tn/, suint of Fie a.a from ansee'awe=by reeplptonat the Sly Otkinot ' aiaIntaltell Etxept as p llehasee hwltat• y proadea In;the „ghmgbt the Facet* Pee le pryt%iM with rasped toeadtdeveap• l,taeawyto ffie City for which Arnow*. of at A The avant Otis fad* 0taeet . uilding astalaWellata to lumina, ,of I uliding pent*, bated upon aft thew' COMM be adtedubt adopted by resolution of the City Council; praeuant to :this &a M t weft a pe¢eoper Ova not fens with the oat wlaapn of the Fee by the Bolding tie or she may me '($) butanes its dis of ate cationappeal the&the far fee to the P Director.Of r. C. The antaioper shad tt* of omapsncy, w apody a tbal haft tonfor a dstieaapmmt tmWttis� by this Cht:Oihrarell not accept prepayments of the Fealty Fee untie/ prepayment is authartted.,in a development 010Mragreans* or lean- ywise aheretse approved by 11* City Gana It the deyiibe to -con- abuaa a Putt Fade*, the developer and the City Ootaru9 may enter oto en etkasrnentregarding a aeda aa ,e mtlu eemsnt of facility Fees foe or paid. • a dev or other agreement pro SO otierwei, to foaaWmgproj- eds she be exempt,:m who* er .In Perk front Ole Fautdy :Fee otberwbe ragtretet lireteCoalgon a. Law income reelable' hOdeing. B. The rehatatatIOn andfor moonebuction of are legal resldendel dwelling unit the replaamsm of an /forma- Penning mayQ the •','.�'rd':, to the City Council In Wit ihte praeiMeM otBeaton 3.34.119 ot thisChapter. ,yl/trawl at the list of Feu W aei` adopted by resolutionof the City Council pursuent to Section 3.94.040 altar dtwite Beaumont Regional Park, Mullaney* Tail and Open Space Facility Fee" to be levied and collected as pro- vided in this Chapter. The A The full anise t pf the Fy slea d jgfad et`tlpe utae?i:ale Pet" 8. No Cay Mittal may Issue The to malt, exaepflor imesaMnte or oapl alapdfduaes, shallbe placed;. in Ms'.Regional Park, Mu lipalpose Tres and. Open Space Farilityges fund and managed to &old cal aree- ott afeetwdt aparel' revsitiis a otter Honda OtterGay, and shad be used solely fQr the pprpoeePOblic Falai* . of aOPntatgaM darn • Seidy.oror adopted as I In the Capital Improvement Plan. Any inter- IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 433 Notice — Ordinance No. 886 — City of Bmt. "Re • ional Park Multisu lose Trail and Ote Space Facility Fee" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/30 all in the year 2005 I certify (or declare) under penalty of per jury tha the foregoing giistrue and correct. signature Date 09/30/05 at Riverside, California. This space for County Clerk's Filing Stamp est Income: eared, dr* Fund shall only e'elaanded for to purposes set fsth in tts chapter. Aebalde maybe Matte:where: A. Development hes c d. ,, the building permit has expend and no extsebldds have been granted, or 11 wanted, the extsnsioMsptrea expired; as to a dsveiapnwnt for which thee Facility Fee requlred under, this Chapter has been colleted; Omitted brat the Math for two a refund is tiled no later their sixty (bo) days dee the (MO - ration date of tae buileln0 permit o any:. extended thereof as nay, have been approved byte City; or B. A refund is specMcaliy autedzed by resolution of the CityCouncil'adopted-pur- suart to Goverment Code Section 66001(d), Such swloums shall be refunded by the City to -tae then-cur- rent hmixmrem .retard owners of dee development aha prorated basis. The Cly may Set such refund by direct pay mem. ar by providing credit towards future; Facility Fees, or by any other means art- sisent with the intent of Government Code section 66001. y/4.11aeqpsaa A devel- oper may 'Most `lo tea CIly Council any determination made summit to the dap ter. All appeals sial be at a form prescribed Sr the Planning e filed w 11 (15) days oldie Me M detbrmi- nation. MY blit eat not ified within such Period amid no deemed waived. 'tee" City Council shall eft ids mater to hearingeidthin fadydive enMite of 1 theaiuttoe arittAppeel." ast:1fg tonal. ot Fjt.Ths fatty =se shall expite - whet! the Public Fable are competed end et debt adrvse Meted to such" aubIc `Anprbvemints emerald ii}tlswefled. H3�Yaf'^, 9dsw ISM. It la.lae tree ot the City CMS�p lathat t Fart/ OuPOMMilnielY totihi" dedications upon pursuant to the raNiatie of the Subdivision "Me, the "Califettila En�virate intai Quality exit, and elhar els* laws a l City ordinMwee. potdee Of COWS flora wIloh may authorize the (arpoylfion of tees, =dedi- cation§ or obricillons thereon. Many tee any Pr- een eerie) a Mond lb be unconstitutional, illegal, or Invalid, such uncenstWon- atly, illegality or .invalidity eha6'S otbr mut sen- tence, Uttuit en-tence,'b16umtsee1on or test pfafferithislir err inyuol� the remalmng 'previsions; sen- tences, clauses, sedtdns or other partsofpds or Its effect on other of engem, it is .dedpred is be the 'Mention ofto Oily Council that dip Chapter Would have Merin adopted hadz:tuc h. uncoheitetisal, illegal, or hwatd temente, Mdiorh rhes Cf {'Y�atl Induct- ed heroin; Or had.Sudt per - ton or en* bees expressly exempted from tie applica- tion of this . To this linfiti?aa�ds o;tthie No: 43. 43 ilia 'Geaate N3