CVMSHCP Local Development Mitigation Fee

“The purpose of the LDMF is threefold. First, the LDMF provides a funding source from new development for the acquisition of habitat lands and the monitoring and management of those lands in perpetuity. All three activities mitigate development impacts and carry forward the purposes and objectives of the MSHCP.”

“Funds generated by the LDMF, alongside agency mitigation contributions, are used to purchase and manage conservation land in any of the CMVSHCP-designated conservation areas. Acquisition costs may include land appraisals, land asset values, escrow and title fees, and initial site remediation activities. Management activities can include periodic monitoring, installation of infrastructure such as signs and fences, the removal of debris, and biological surveys.”

“The Local Development Mitigation Fee (LDMF) is assessed on all development within the Coachella Multiple Species Habitat Conservation Plan (CVMSHCP) boundary that results in destruction of habitat due to ground disturbance on previously undisturbed land.”

2008 (Indio ordinance adopted between February and March 2008; fee effective 2008-10-01)

“The original LDMF was enacted by the legislative bodies of the County of Riverside and the Cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage between February 2008 and March 2008 with the LDMF becoming effective upon issuance of the federal permit (the "Permit") on October 1, 2008.”

Ord. 1535, 3-19-2008; amended Ord. 1596, 7-20-2011

“[Ord. 1535, 3-19-2008; Ord. 1596, 7-20-2011]”

prior to certificate of occupancy

“The fee shall be paid in full prior to the issuance of a certificate of occupancy for the project.”

City of Indio (the local permitting agency), which retains 1% and remits the remainder to CVCC

“Local agencies are authorized to retain 1% of the assessed fee to cover administrative costs and remit the remainder to CVCC.”

“Certain development projects that were already in progress at the time the Permit was issued will be exempted from the LDMF. Projects are exempt from paying the fee only if the project meets 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 were issued 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.”

“In certain cases, developers may provide to CVCC an amount of land equal to the fee that would have otherwise been assessed.”

“Each Local Permittee must adopt an updated ordinance or amend an LDMF existing ordinance, and a fee resolution stating the amount of the updated fee. The revised fee ordinance shall become effective 60 days after adoption. However, updated fees shall not be collected until the 60-day period has been met, whichever date is later.”