Coachella Valley MSHCP Local Development Mitigation Fee

“B. The Local Development Mitigation Fee is necessary in order to supplement the financing of the acquisition of lands supporting species covered by the MSHCP and related public services as well as to pay for new development's fair share of the cost of acquisition and perpetual conservation.”

“B. Subject to the provisions of this section, all Fees collected pursuant to this Ordinance shall be remitted monthly to the Coachella Valley Conservation Commission and will be expended solely for the purpose of conservation of the vegetation communities and natural areas within the County and the region which support species covered in the MSHCP in accordance with the provisions of the MSHCP.”

“SECTION 6. COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN FEE AREA BOUNDARY. The boundary of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan fee area is the same as the MSHCP boundary set forth in the MSHCP and in Exhibit A which is attached hereto and incorporated herein by this reference.”

2008-01-29 (adopted; effective 2008-03-30), as amended through Ord. 875.1 adopted 2011-07-26 (effective 2011-09-01)

“Adopted: 875 Item 3.48 of 01/29/2008 (Eff: 03/30/2008) / 875.1 Item 3.74 of 07/26/2011 (Eff: 09/01/2011)”

Ordinance No. 875 (as amended through 875.1)

“Adopted: 875 Item 3.48 of 01/29/2008 (Eff: 03/30/2008) / 875.1 Item 3.74 of 07/26/2011 (Eff: 09/01/2011)”

“A. 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 upon final inspection, whichever occurs first. No final inspection shall be made, and no 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.”

“SECTION 3. ADMINISTRATIVE RESPONSIBILITY. The County Executive Officer shall serve as chief administrator and be responsible for the administration of this Ordinance. The Director of the Department of Building and Safety shall insure that the Fee is properly collected.”

“SECTION 12. 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. Secondary residential units, constructed on developed residential property and meeting all state and County requirements for such units.”

“SECTION 13. FEE CREDITS. The County 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, provided, however, that no Credit shall be given unless 1. the dedication is secured by a conservation easement acceptable to a grantee legally authorized to accept and hold such easements pursuant to Civil Code section 815.3 or pursuant to another legal instrument that ensures the area will be conserved in perpetuity; 2. the land to be dedicated is appropriate for conservation and dedication thereof is consistent with and furthers the goals of the MSHCP; and 3. the dedication and Credit complies with all procedures and policies of the Coachella Valley Conservation Commission.”

“SECTION 15. 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 10(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.”