ORD 487ORDINANCE NO. 487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA TO AMEND TITLE 3, CHAPTER 3.34 OF
THE MUNICIPAL CODE CONCERNING THE LOCAL
DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN
ACCORDANCE WITH THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
CASE NO.: MUNICIPAL CODE AMENDMENT 2011-001
WHEREAS, the City Council of the City of La Quinta ("City") finds that the
ecosystems of the City, the Coachella Valley and surrounding mountains located in
central 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; and
WHEREAS, these vegetation communities and natural areas contain habitat
value which contributes to the City's and the region's environmental resources; and
WHEREAS, special protections and conservation goals for these vegetation
communities and natural areas have been established to prevent future
endangerment of the plant and animal species that are dependent upon them, all as
more specifically set out in the Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan ("MSHCP"); and
WHEREAS, the MSHCP was adopted by the City Council on October 16,
2007, and the associated Implementing Agreement was executed by the City
Council on October 16, 2007, to preserve the ability of affected property owners
to make reasonable use of their land consistent with the requirements of applicable
laws, which could include the National Environmental Policy Act ("NEPA"), the
California Environmental 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, in order to further the purposes of the MSHCP, the City
previously established a 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, Coachella Valley and surrounding mountains located in central
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
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 2
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 and studies upon which the Local Development
Mitigation Fee was originally based, including the estimated acquisition costs for
such property, conservation of those properties in perpetuity as required under the
MSHCP and the growth projections for new development have now been updated
to reflect the current market conditions, as set forth in the mitigation fee nexus
report dated May 16, 2011 that was prepared at the direction of the Coachella
Valley Conservation Commission ("Commission"), 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 the Mitigation Fee Act, Government Code sections
66000 at seq., the City is empowered to impose and modify fees and other
exactions to provide funding of public facilities in the form of acquired habitat land
preserved as a community amenity, and the public services required for
conservation of this land in perpetuity in order to mitigate the effect of new
development projects; and
WHEREAS, all environmental impacts associated with the acquisition and
conservation of lands were fully and thoroughly analyzed within the Environmental
Impact Report/Environmental Impact Statement prepared and certified for the
MSHCP, and the City Council made all appropriate environmental findings at the
time that the MSHCP and the associated Implementing Agreement were approved
on October 16, 2007. Accordingly, and pursuant to Public Resources Code section
21166 and State CEQA Guidelines Section 15162, no further environmental
analysis is required.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La
Quinta 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 No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 3
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, monitored and
managed in order to achieve habitat conservation in perpetuity.
B. The local development mitigation fee (the "fee") is necessary in order to
supplement the financing of the acquisition of lands supporting species covered by
the MSHCP and related public services, and to pay for new development's fair
share of the cost of acquisition and perpetual conservation.
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 fee paid for by 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 the relative cost of mitigating such impacts.
D. The fee does not reflect the entire cost of the lands which need to be
acquired and perpetually conserved 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 fee to be paid by that project.
E. The use of the Fee is apportioned relative to the type and extent of impacts
caused by the development.
F. The costs of funding the proper mitigation for natural ecosystems and
covered species identified in the MSHCP which are impacted by new development
are apportioned relative to the type and extent of impacts caused by the
development.
G. The facts and evidence provided to and considered by the city council
establish that there is a reasonable relationship between the need for acquiring and
conserving in perpetuity the natural ecosystems and covered species identified in
the MSHCP, and the impacts to such 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 Mitigation Fee Nexus Report.
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 4
H. The fees collected pursuant to this chapter are reasonable and will not
exceed the estimated total of cost of the acquisition and perpetual conservation of
the lands necessary to protect natural ecosystems and covered species, the plan
and schedules for which are set forth in the MSHCP. Conservation of the land shall
require monitoring and management beyond the, life of the. MSHCP permit.
I. The fee shall be used to finance the acquisition and perpetual conservation
of lands and certain improvements necessary to implement the goals and objectives
of the MSHCP.
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.
"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.
"Conservation" means all the actions necessary for the permanent protection of
species natural communities and habitat land as required of the Coachella Valley
Conservation Commission under the MSHCP including land acquisition, land
management, biological monitoring, law enforcement and administration.
"Conservation areas" has the same meaning and intent as such term is defined and
utilized in the MSHCP.
"Credit" means a credit allowed pursuant to Section 3.34,110 of this chapter,
which may be applied against the fee paid.
"Fee" means the Local Development Mitigation Fee adopted pursuant to the
Mitigation Fee Act, Gov.66000 at seq.
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 5
"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 area
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 chapter.
"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.
"Ordinance" means this Ordinance No. 487 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 chapter 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.
"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 chapter 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 than 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 units per acre; (4) commercial acreage; and (5) industrial
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 6
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 portions shall be sited. If the mixed
use occurs on the same parcel, the fee which is applicable to commercial or
industrial projects shall be calculated by reference to the project area of the parcel.
A fee schedule which contains the fee which is applicable to each of the five fee
categories shall be adopted and may, from time to time, be amended 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.
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 licensed
land surveyor. The engineer or land surveyor shall prepare a wet -stamped letter of
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
plot plan exhibit, the city shall review the submitted documents. If the project area
dimensions, the letter of certificate and the plot plan are acceptable to the city, the
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
Management 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 the purpose of calculating the local development mitigation fee.
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 7
SECTION 6. IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE.
Notwithstanding any other provision of the city's municipal code, no permit shall be
issued for any project except upon the condition that the local development
mitigation fee applicable to such project has been paid in accordance with the
provisions of this chapter.
SECTION 7. PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE.
A. The local development mitigation fee shall be paid in full at the time of the
issuance of a building permit for the project; provided however, that if the City's
Municipal code provides for all fees assessed pursuant to the Mitigation Fee Act to
be collected at a later time, then the fee collected pursuant to this chapter shall be
collected at the same time as that mandated by the City's Municipal Code for the
payment of all such other fees.
B. In no event shall a final inspection be made or a certificate of occupancy be
issued prior to full payment of the fee.
C. The fee shall be assessed one time per lot or parcel, except in cases of the
construction of additional residential units, subsequent development of portions of
a commercial or industrial parcel for which the fee was not originally collected, or
changes in land use the additional fee required to be paid in the case of such
exception shall not include the amount of any previously paid fee for that parcel.
No refunds shall be provided for changes in land use to a lower fee category. It
shall be the responsibility of the applicant to provide documentation of any
previously paid fee.
D. The local development mitigation fee required to be paid under this chapter
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 project is subject to conditions of approval by the city imposing
the requirement to pay the fee.
G. If all or part of the 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.
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 8
H. For projects which the city does not require a permit, 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 chapter, congregate care residential facilities and
recreational vehicle parks shall pay the commercial acreage fee.
SECTION 8. REFUNDS.
A. Except as provided in Section 86, there shall be no refund of all or part of
any Fee paid under this Chapter, except in cases of overpayment or miscalculation
of the applicable fee.
B. Collection of the fee associated with the Fringe -toed Lizard Habitat
Conservation Plan (FTL HCP) ceased upon issuance of the MSHCP permit. Project
that paid the FTL HCP fees are required to pay the Local Development Mitigation
Fee but may obtain a refund of the FTL CHP fee from CVCC. Refunds shall be
granted subject to the rules and regulation established by the Coachella Valley
Conservation Commission.
SECTION 9. COLLECTION, ACCOUNTING AND DISBURSEMENT OF LOCAL
DEVELOPMENT MITIGATION FEES.
A. Subject to the provisions of this section, all fees collected pursuant to this
chapter shall be collected, administered and remitted for deposit into the account
established therefore, to the Coachella Valley conservation commission in
compliance with all applicable policies and procedures of the purpose of the
Commission monthly. The fees will be expended solely for the purpose of
Conservation of the vegetation communities and natural areas within the city and
the region which support species covered in the MSHCP in accordance with the
plans and schedules set out in the MSHCP and the policies that have or may be
adopted pursuant thereto.
B. The city may recover the costs of administering the provisions of this
chapter using the revenues generated by. the fees, in anamount and subject to the
rules and regulations established by the Coachella Valley conservation commission.
SECTION 10. AUTOMATIC ANNUAL FEE ADJUSTMENT. The fee established by
this chapter shall be revised annually by means of an automatic adjustment 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 month
of December in the calendar year which ends in the previous fiscal year. The first
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 9
fee adjustment shall not be made prior to a minimum of ten months subsequent to
the effective date of the ordinance codified in this chapter.
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
industrial building, and additions to an existing residential unit or commercial or
industrial building.
C. A second Residential Unit, constructed on residential property previously
developed with a single-family dwelling, 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 disturbed
as a result of such conversion.
E. Projects for which the City is restrained by law from collecting the Fee due
to a Development Agreement or vested tentative map entered into with or issued
by the City prior to October 1, 2008.
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. Guest dwellings as defined in Section 9.280.030 of the municipal code.
H. Additional single family residential units located on the same parcel pursuant
to the provisions of any agricultural zoning classifications set forth in Section
9.140.070.
I. Kennels and catteries established in connection with an existing single-family
residential unit.
J. Projects are exempt from paying the fee provided they meet each of the
following three conditions:
1. Completion of required infrastructure improvements including, but not
limited to, underground utilities, exterior project area walls, streets and curbs and
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 10
issuance of at least one building permit for a discrete primary structure, such as a
single family home, prior to October 1, 2008 (date of MSHCP Permit Approval).
2. Continuous construction activity since October 1, 2008 as demonstrated
by issuance of a building permit for a discrete primary structure and/or a certificate
of occupancy permit for a discrete primary structure in each six month period
between October 1, 2008 and April 1, 2011.
3. City registration of the Project and proposed lots to be exempted, in
accordance with CVCC procedures, by September 1, 2011.
Projects not meeting the standard exemption criteria above, that made verifiable
payments, as part of a legal settlement, to specifically fund acquisition of habitat
for a species listed as "endangered" under the federal Endangered Species Act are
required to pay the LDMF but are eligible to receive a refund, on a pro rate per acre
basis based on the actual acreage being assessed the LDMF. Any such Projects
and proposed lots to be exempted must be registered in accordance with CVCC
procedures by September 1, 2011.
SECTION 12. FEE CREDITS. 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 within a MSHCP Conservation Area, provided,
however, that no Credit shall be given unless (A) the dedication is secured by a
conservation easement acceptable to a grantee legally authorized to accept and
hold such easements pursuant to Civil Code § 815.3 or pursuant to other legal
instrument that ensures the area will be conserved in perpetuity; (B) the land to be
dedicated is appropriate for conservation and dedication thereof is consistent with
and furthers the goals of the MSHCP; and (C) the dedication and Credit complies
with all procedures and policies of the Commission. 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 Project may apply for Credit to reduce the amount of
the Fee required to be paid prior to approval of the Project. Any Credit granted and
the amount of the Fee to be paid shall be included as a condition of approval of the
Project. However, if an applicant has already received 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 at any time prior to issuance of a
grading permit for the Project and any Credit granted shall in that case be included
as a condition of approval of the grading permit issued for the Project.
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 11
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
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 urtlutiQr1�lo,r, invalid part,
sentence, paragraph, section, or clause of this Ordinance not fieen liilc�il6d 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 September 1,
2011, however; in no event shall this Ordinance take effect prior to sixty (60) days
after the date of its adoption.
SECTION 15. REPEALED. Ordinance 453 is hereby repealed on the effective date
hereof and all prior Ordinances adopting the Local Development Mitigation Fee are
hereby repealed to the extent that they are inconsistent with the provisions of this
Ordinance.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting thereof held on the 5th day of July, 2011, by the
following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(Lw 1-1�
DON ADO PH, fWyor
City of La Quinta California
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 12
ATTEST•o
VERONICA kONTECINO, City Clerk
---City of La uinta;talifornia
n.
APPROVED AS TO FORM:
wymodowiprow
JOHN A. RAMIREZ, Assistant City Attorney
City of La Quinta, California
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 12
Ordinance No. 487
Amend Muni Code Title 3, Chapter 3.34
Coachella Valley Multiple Species Habitat Conservation Plan
Local Development Mitigation Fee
Adopted: July 5, 2011
Page 13
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. 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.
487 which was introduced at a regular meeting on the 21" day of June 2011), and
was adopted at a regular meeting held on the 5TH day of July 2011, not being less
than 5 days after the date of introduction thereof.
I further 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.
VERONICAOIQTECINO, CMC, City Clerk
City of La uinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on f I ZQ!
pursuant to Council Resolution.
VERONICA J QONTECINO, CMC, City Clerk
City of La Cruinta, California