CVMSHCP Local Development Mitigation Fee

“The LDMF imposed on new development projects is a primary source of funding for the habitat acquisition program and the monitoring and management program under the MSHCP. This report documents the legal and policy basis to support the adoption by local agencies in the Coachella Valley of the LDMF, a type of development impact fee under California Government Code Section 66000 et seq. The fee would be adopted by Coachella Valley cities and the County of Riverside and collected from new development under their jurisdiction within the Plan Area.”

“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 (adopted February–March 2008; 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. 1226 s. 1, 2011 (PDMC Ch. 3.46)

“This chapter shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee Ordinance." (Ord. 1226 s. 1, 2011)”

at building permit

“The 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.”

City of Palm Desert (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.”