ORD 453
ORDINANCE NO. 453
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTATO ESTABLISH A LOCAL DEVELOPMENT
MITIGATION FEE FOR FUNDING THE PRESERVATION OF
NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN
CVMSHCP - MITIGATION FEE
WHEREAS, the City Council of the City of La Quinta, California
("City") finds that the ecosystems of the City, the Coach ell a Valley and
surrouhding mountains located in central Riverside County, and the vegetation
comm~nities and sensitive species they support are fragile, irreplaceable resources
that a~e vital to the general welfare of all residents; and
WHEREAS, these vegetation communities and natural areas contain
habitat value which contributes to the City's and the region's environmental
resour\:es; and
WHEREAS, special protections for these vegetation communities and
natural areas must be established to prevent future endangerment of the plant and
animal species that are dependent upon them; and
WHEREAS, adoption and implementation of this Ordinance will help to
enable the City to achieve the conservation goals set forth in the Coachella Valley
Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan
("MSHCP"), adopted by the City Council on October 16, 2007, to implement the
associated Implementing Agreement executed by the City Council on October 16,
2007, and to preserve the ability of affected property owners to make reasonable
use of their land consistent with the requirements of applicable laws, which could
includ~ the National Environmental Policy Act ("NEPA"), the California
Envirommental Quality Act ("CEQA"), the Federal Endangered Species Act
("FESA"), the California Endangered Species Act ("CESA") and the California
Natural Community Conservation Planning Act ("NCCP Act"); and
WHEREAS, the purpose and intent of this Ordinance is to establish a
Local lDevelopment 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, Coachella
Valley and surrounding mountains located in central Riverside County which are
known! to support threatened, endangered or key sensitive populations of plant and
wildlif~ species; the maintenance of economic development within the City by
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19. 2008
Page 2
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; and
WHEREAS, the findings set forth herein are based on the MSHCP and
the studies referenced therein, and the estimated acquisition costs for such
property as set forth in the MSHCP, a copy of which is on file in the City Clerk's
office; and
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; and
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; and
WHEREAS, on October 16, 2007 the City Council took action on the
MSHCP and the associated Implementing Agreement, and made appropriate
findings pursuant to CEQA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. SHORT TITLE. This Ordinance shall be known as the
"Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan Mitigation Fee Ordinance."
SECTION 2. FINDINGS. City Council finds and determines as follows:
A. In order to implement the goals and objectives of the Coachella Valley
Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan
("MSHCP") and to mitigate the impacts caused by new development in the City,
lands supporting species covered by the MSHCP must be acquired and conserved.
Ordinanc, No. 453
CVMSHClp Mitigation Fee
Adopted: February 19. 2008
Page 3
B. The Local Development Mitigation Fee (the "Fee") is necessary in
order to supplement the financing of the acquisition of lands supporting species
cover~d by the MSHCP and to pay for new development's fair share of this cost.
C. The appropriate source of funding for the costs associated with
mitigating the impacts of new development to the natural ecosystems and covered
species within the City, as identified in the MSHCP, is a mitigation fee paid for by
residell1tial, commercial and industrial development. The amount of the Fee is
deterrmined by the nature and extent of the impacts from the development to the
identified natural ecosystems and the relative cost of mitigating such impacts.
D. The Fee does not reflect the entire cost of the lands which need to be
acquirlld in order to implement the MSHCP and mitigate the impact caused by new
development. Additional revenues will be required from other sources. The City
finds that the benefit to each development project is greater than the amount of
the Fe~ to be paid by that project.
E. The MSHCP and Mitigation Fee Nexus Report, a copy of which is on
file in the City Clerk's office, provide the basis for the imposition of the Fee on new
developments.
'F. The use of the Fee is apportioned relative to the type and extent of
impacts caused by the development.
'G. The costs of funding the proper mitigation for natural ecosystems and
covered species identified in the MSHCP which are impacted by new development
are a~portioned relative to the type and extent of impacts caused by the
develqpment.
H. The facts and evidence provided to and considered by the City Council
establilsh that there is a reasonable relationship between the need for preserving the
natural ecosystems and covered species identified in the MSHCP, and the impacts
to sudh natural ecosystems and species 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 Mitigation Fee
Nexus Report.
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19. 2008
Page 4
I. The fees collected pursuant to this Ordinance shall be used to finance
the acquisition of the lands to protect natural ecosystems and covered species, as
set forth in the MSHCP, are reasonable and will not exceed the reasonably
estimated total of these costs.
J. The Fee shall be used to finance the acquisition of lands and certain
improvements necessary to implement the goals and objectives of the MSHCP.
K. To ensure fair implementation of the development impact fees
established in this Ordinance, it may be necessary for the City to defer or waive
such fees in special cases as may be permitted in accordance with procedures and
guidelines established by the Coach ell a Valley Conservation Commission.
L. Even though second units on existing single family lots may also
contribute to the need for acquisition of lands necessary to implement the MSHCP,
the City refrains from imposing the Fee on such development at this time, and in
this regard finds that second units: (1) provide a cost effective means of serving
development through the use of existing infrastructure, as contrasted to requiring
the construction of new costly infrastructure to serve development in undeveloped
areas; and (2) provide relatively affordable housing for low- and moderate-income
households without public subsidy.
SECTION 3. ADMINISTRATIVE RESPONSIBILITY. The Planning Director of
the City shall be responsible for the administration of this Ordinance. Detailed
administrative procedures concerning the implementation of this Ordinance may be
established and set forth in a resolution adopted by the City Council.
SECTION 4. DEFINITIONS. As used in this Ordinance, the following terms
shall have the following meanings:
"City" means the City of La Quinta, California.
"City Council" means the City Council of the City of La Quinta, California.
"Certificate of Occupancy" means a certificate of occupancy issued by the
City in accordance with all applicable ordinances, regulations, and rules of the City
and State law.
Ordinanc$ No. 453
CVMSHOP Mitigation Fee
Adopted: February 19. 2008
Page 5
"Coachella Valley Conservation Commission" means the governing body
established pursuant to the MSHCP that is delegated the authority to oversee and
implement the provisions of the MSHCP.
"Credit" means a credit allowed pursuant to Section 11 of this Ordinance,
which may be applied against the Fee paid.
"Development 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.
"Final Inspection" means a final inspection of a project as defined by the
Building Codes of the City.
"Gross Acreage" means the total property area as shown on a land division
map of record, or described through a recorded legal description of the property.
This atea shall be bounded by road right-of-way and/or legal property lines.
"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
Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan, adopted by the City Council on October 16, 2007.
"Conservation Areas" has the same meaning and intent as such term is
defined and utilized in the MSHCP.
"Ordinance" means this Ordinance No. 453 of the City of La Quinta,
California.
"Project Area" means the area, measured in acres, from the adjacent road
right-of-way line to the limits of project improvements. Project Area includes all
project improvements and areas that are disturbed as a result of the project
improvements on an owner's Gross Acreage, including all areas depicted on the
forms required to be submitted to the City pursuant to this Ordinance and/or other
applicable development ordinance or regulation of the City. Except as otherwise
provided herein, the Project Area is the area upon which the project will be
assesSed the Local Development Mitigation Fee.
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19. 2008
Page 6
"Residential Unit" means a building or portion thereof used by one family and
containing but one kitchen, which unit is designed or occupied for residential
purposes, including single-family dwelling, multiple-family dwellings, and mobile
homes on permanent foundations, but not including hotels and motels.
"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.
SECTION 5. LOCAL DEVELOPMENT MITIGATION FEE. To assist in providing
Revenue to acquire and conserve lands necessary to implement the MSHCP, the
Fee shall be paid for each residential unit, Development Project or portion thereof to
be constructed within the City. Five categories of the Fee are defined and include:
(1) residential units, density less that 8.0 dwelling units per acre; (2) residential
units, density between 8.1 and 14.0 dwelling units per acre; (3) residential units,
density greater than 14.1 dwelling unites per acre; (4) commercial acreage; and (5)
industrial acreage. Because there can be mixed traditional commercial, industrial
and residential uses within the same project, for Fee assessment purposes only, the
Fee which is applicable to commercial or industrial development projects shall be
applied to the whole project based upon the existing underlying zoning
classification of the property at the time of issuance of a building permit. The fees
are calculated using an Equivalent Benefit Unit methodology. A fee schedule which
contains the Fee which is applicable to one of the five Fee categories shall be
adopted by resolution ("Resolution").
A. The amount of the Local Development Mitigation Fee for a commercial
or industrial development project required to be paid shall be based on the acreage
to be developed and shall be calculated on the basis of the Project Area, in
accordance with the following:
1. The Project Area shall be determined by City staff based on the
subdivision map, plot plan, and other information submitted to or required by the
City.
2. If the difference between the net acreage, as exhibited on the
plot plan, and the Project Area is less than one-quarter acre, the Fee shall be paid
on the full gross acreage.
Ordinanc", No. 453
CVMSHQP Mitigation Fee
Adopted:1 February 19, 2008
Page 7
3. An applicant may elect, at his or her own expense, to have a
Project Area dimensioned, calculated, and certified by a registered civil engineer or
licensEild land surveyor. The engineer or land surveyor shall prepare a wet-stamped
letter pf certification of the Project Area dimensions and a plot plan exhibit thereto
that clearly delineates the Project Area. Upon receipt of the letter of certification
and plpt plan exhibit, the City shall review the submitted documents. If the Project
Area <iJimensions, the letter of certificate and the plot plan are acceptable to the
City, ~he City shall calculate the Local Development Mitigation Fee required to be
paid based on the certified Project Area. If the Project Area dimensions, the letter
of certification, or the plot plan are not acceptable to the City, the applicant shall
perform such actions as directed by the City in order to resolve any deficiencies
perceiVed by the City.
4. Where construction or other improvements on Project Area are
prohibited due to legal restrictions on the Project Area, such as Federal Emergency
ManaQement Agency designated floodways or areas legally required to remain in
their natural state, that portion of the Project Area so restricted shall be excluded
for th~ purpose of calculating the Local Development Mitigation Fee.
SECTION 6. IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE.
Notwithstanding any other provision of the City's Municipal Code, no permit shall
be iss\.Jed for any Development Project except upon the condition that the Local
Development Mitigation Fee applicable to such Development Project has been paid
in acclilrdance with the provisions of this Ordinance.
SECTION 7. PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE.
IA. The Local Development Mitigation Fee shall be paid in full at the time
a certificate of occupancy is issued for the residential unit or development project
or upoln final inspection, whichever occurs first. No final inspection shall be made,
and nli> certificate of occupancy shall be issued, prior to full payment of the Fee.
However, this section shall not be construed to prevent payment of the Fee prior to
the issuance of an occupancy permit or final inspection.
lB. The Local Development Mitigation Fee shall be assessed one time per
lot or parcel, except in cases of changes in land use. The Fee required to be paid
when there is a change in land use shall be reduced by the amount of any
previo~sly paid fee for that property. No refunds shall be provided for changes in
land ul>e to a lower fee category. It shall be the responsibility of the applicant to
providll documentation of any previously paid Fee.
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19, 2008
Page 8
C. The Local Development Mitigation Fee for commercial and industrial
development projects shall be paid in its entirety for the Project Area and shall not
be prorated.
D. The Local Development Mitigation Fee required to be paid under this
Ordinance shall be the Fee in effect at the time of payment.
E. There shall be no deferment of the Fee beyond final inspection or
issuance of certificate(s) of occupancy.
F. 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.
'G. 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.
H. For development projects which the City does not require a final
inspection or issuance of a certificate of occupancy, the Fee shall be paid prior to
any use or occupancy.
I. For purposes of this Ordinance, congregate care residential facilities
and recreational vehicle parks shall pay the commercial acreage Fee.
SECTION 8. REFUNDS. There shall be no refund of all or part of any Local
Development Mitigation Fee paid under this Ordinance, except in cases of
overpayment or miscalculation of the applicable Fee. Only in cases of overpayment
or miscalculation of the Fee will the person or entity that paid the Local
Development Mitigation Fee be entitled to a refund.
SECTION 9. ACCOUNTING AND DISBURSEMENT OF COLLECTED LOCAL
DEVELOPMENT MITIGATION FEES.
A. All fees paid pursuant to this Ordinance shall be deposited, accounted
for, and expended in accordance with Section 66006 of the Government Code and
all other applicable provisions of law.
Ordinanc~ No. 453
CVMSHQP Mitigation Fee
Adopted:1 February 19. 2008
Page 9
B. Subject to the provisions of this section, all Fees collected pursuant to
this Olrdinance shall be remitted to the Coachella Valley Conservation Commission
at lea~t quarterly, and will be expended solely for the purpose of acquiring and
preserving vegetation communities and natural areas within the City and the region
which support species covered in the MSHCP in accordance with the provisions of
the MpHCP,
C. The City may recover the costs of administering the provisions of this
OrdinCjnce using the Revenues generated by the Fees, in an amount and subject to
the rlilles and regulations established by the Coachella Valley Conservation
Commission.
SECTION 10. AUTOMATIC ANNUAL FEE ADJUSTMENT. The Fee
established by this Ordinance shall be revised annually by means of an automatic
adjusttnent at the beginning of each fiscal year based on the average percentage
change over the previous calendar year set forth in the Consumer Price Index for
"All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area, measured as of
the mipnth of December in the calendar year which ends in the previous fiscal year.
The first Fee adjustment shall not be made prior to a minimum of ten (10) months
subseltluent to the effective date of this Ordinance. The Fee, as revised annually,
shall lie compiled by the Planning Department and shall be included in an annual
report to the City Council pertaining to the accounting for the MSHCP Fee as
requir$d by Government Code Section 66006.
SECTION 11. EXEMPTIONS. The following types of construction shall be
exempt from the provisions of this Ordinance:
A. Reconstruction of a residential unit or commercial or industrial building
damaged or destroyed by fire or other natural causes.
B. Rehabilitation or remodeling to an existing residential unit, commercial
or ind~strial building, and additions to an existing residential unit or commercial or
industrial building.
C. Secondary residential units, constructed on developed residential
property and meeting all state and City requirements for such units.
D. Existing improvements that are converted from an existing permitted
use to a different permitted use, provided that no additional area of the property is
disturliJed as a result of such conversion.
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19. 2008
Page 10
E. Development within a Project Area that was being improved or had
been improved prior to the effective date of this Ordinance.
F. Construction of a family residential unit upon property wherein a
mobile-home, installed pursuant to an installation permit, was previously located
prior to the effect date of this Ordinance.
G.
Code.
Guest dwellings as defined in Section 9.280.030 of the Municipal
H. Additional single-family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications set forth in
9,140.070.
I. Kennels and Catteries established in connection with an existing
single-family residential unit.
SECTION 12. FEE CREDITS AND WAIVERS. The City may grant to owners
or developers of real property, a Credit against the Fee that would otherwise be
charged pursuant to this Ordinance, for the dedication of land determined to be
necessary for inclusion in the MSHCP Conservation Area. The amount of the
Credit granted shall be determined by an estimate of the fair market value of the
land dedicated. Any Credit granted by the City shall be given in stated dollar
amounts only. An applicant for a proposed development may apply for Credit to
reduce the amount of the Fee required to be paid prior to approval of the
development. Any Credit granted and the amount of the Fee to be paid shall be
included as a condition of approval for the development. If an applicant has
received the development approval from the City and has not previously applied for
a Credit to reduce the amount of the Fee required to be paid, an applicant may
apply for such Credit prior to issuance of a grading permit for the development.
Any Credit granted and the amount of the Fee required to be paid shall be included
as a condition of approval on the grading permit issued for the development.
SECTION 13. 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 not 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
Ordinanc, No. 453
CVMSHQP Mitigation Fee
Adopted:, February 19, 2008
Page 11
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 14. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon issuance of the appropriate permits authorizing take in
connection with the MSHCP by the U.S. Fish and Wildlife Service and California
Department of Fish and Game, including, without limitations, the incidental take
permits for covered species pursuant to Section 1 O(a)( 1 )(B) of the Federal
Endangered Species Act and section 2800 of the California Fish and Game Code.
However, in no event shall this Ordinance take effect prior to sixty (60) days after
the date of its adoption. Upon the effective date of this Ordinance, Resolution No.
2000-'133, also known as the Fringe Toad Lizard Mitigation Fee Ordinance, shall be
repealed and superseded in its entirety by this Ordinance.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 19th day of February, 2008, by the following vote:
AYES:' Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
w~
City of La Quinta, California
Ordinance No. 453
CVMSHCP Mitigation Fee
Adopted: February 19. 2008
Page 12
ATTEST:
ONTECINO, CMC, City Clerk
uinta, California
(SEAL)
APPROVED AS TO FORM:
ity Attorney
rnia
Ordinanc~ No. 453
CVMSHQP Mitigation Fee
Adopted~ Februarv 19. 2008
Page 13
STAn OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, VERlONICA MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
453 Which was introduced at a regular meeting on the 5th day of February, 2008,
and was adopted at a regular meeting held on the 19th day of February, 2008, not
being less than five days after the date of introduction thereof.
I furth;er certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
~
VERONICA M TE INO, CMC, City Clerk
City of La Inta, California
1
-
--.
DECLARATION OF POSTING
I. VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do
herebv certify that the foregoing ordinance was posted on kb -:?9 . ~
2' '0 Co,,," ""0'",'00. . .
VERONICA
City of La
NTECINO, CMC, City Clerk
uinta, California