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