The Multiple Species Habitat Conservation Plan/Natural Community
Conservation Plan (the "MSHCP") establishes a reserve
of land to provide habitat for covered species. After land is acquired
by the Coachella Valley Conservation Commission (the "Commission"),
a fund is established to fund a monitoring program to track and measure
success of the covered species within the area defined by the MSHCP
and a management program to assess and tailor preservation activities
and land management practices in order to conserve covered species
in perpetuity.
Land acquisition is a critical component of the conservation
process because conserving land mitigates the effects of development
and urbanization. Monitoring and management serve as an ongoing evaluation
of the efficacy of conservation. The studies conducted as part of
the monitoring program assesses the biological characteristics and
particular needs of covered species within the MSHCP. The management
program conducts a range of activities to ensure that the area identified
in the MSHCP sustains the habitat by monitoring the areas preserved.
Since land acquisition, monitoring and management are so intimately
connected, conservation cannot be achieved without funding all three
concurrently.
A Local Development Mitigation Fee (the "Fee") is
herein imposed on new development projects and will be the primary
source of funding necessary to comply with the provisions of the MSHCP,
the Implementing Agreement, and the Permit. Therefore, this Chapter
sets forth the fees collected as pass through from development activity
and is redirected to the Commission in this conservation effort.
(Ord. 651 § 4, 2011)
As used in this Chapter, the following terms shall have the
following meanings:
means a certificate of occupancy issued by the City in accordance
with all applicable ordinances, regulations, and rules of the City
and State law.
means the City of Indian Wells, California.
means the City Council of the City of Indian Wells, California.
means the Coachella Valley Conservation Commission, the governing
body established pursuant to the MSHCP that is delegated the authority
to oversee and implement the provisions of the MSHCP.
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.
has the same meaning and intent as such term is defined and
utilized in the MSHCP.
means a credit allowed pursuant to Municipal Code Section 22.20.100, which may be applied against the Fee paid.
means the Local Development Mitigation Fee adopted pursuant
to the Mitigation Fee Act, Gov. Code Section 66000 et seq., and pursuant
to this Chapter and any City Council resolution adopted pursuant to
this Chapter.
means a final inspection of a project as defined by the building
codes of the City.
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.
means the development impact fee imposed pursuant to the
provisions of this Chapter.
means the Coachella Valley Multiple Species Habitat Conservation
Plan/Natural Community Conservation Plan, adopted by the City Council
on October 4, 2007.
means the City of Indian Wells, California ordinance enacting
this Chapter.
means any project undertaken pursuant to the issuance of
a building permit or any other approval, ministerial or discretionary
development permit, by the City as required by the applicable ordinances,
regulations, and rules of the City and State law. Projects undertaken
by or on behalf of the City are subject to the Fee.
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
regulations.
means a building or portion thereof used by one (1) family
and containing but one (1) kitchen, which unit is designed or occupied
for residential purposes, including a single family dwelling, a unit
within a multiple-family dwelling, and mobile homes on permanent foundations,
but not including hotels and motels.
means any funds received by the City on behalf of the Commission
pursuant to the provisions of this Chapter for the purpose of defraying
all or a portion of the cost of acquiring and perpetually conserving
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.
(Ord. 651 § 4, 2011)
To assist in providing revenue for the conservation of lands
necessary to implement the MSHCP, the Fee shall be paid for each project,
or portion thereof, to be constructed within the City. Five (5) 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 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 projects shall be calculated by reference to the project
area of each parcel upon which the commercial or industrial portions
shall be sited. If the mixed use includes residential units, the Fee
applicable to the parcels upon which residential units are to be sited
shall be calculated by reference to the appropriate residential fee
category. 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 (5) Fee categories
shall be adopted and may, from time to time, be amended by resolution
of the City Council.
The amount of the Fee required to be paid for a commercial or
industrial project shall be based on the project area, as calculated
by City staff based on the subdivision map, plot plan, and/or other
information submitted to or required by the City.
(Ord. 651 § 4, 2011)
Notwithstanding any other provision of the City's Municipal
Code, no permit shall be issued for any project except upon the condition
that the Fee applicable to such project has been paid in accordance
with the provisions of this Chapter.
(Ord. 651 § 4, 2011)
(a)
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.
(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 (1) 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 exceptions
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 Fee required to be paid under this Chapter shall be the Fee in
effect at the time of payment.
(e)
Notwithstanding anything in the City's Municipal Code, or any
other written documentation to the contrary, the Fee shall be paid
whether or not the project is subject to conditions of approval by
the City.
(f)
If all or part of the project is sold prior to payment of the Fee,
the project shall continue to be subject to the requirement to pay
the Fee as provided herein.
(g)
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.
(h)
For purposes of this Chapter, congregate senior housing and recreational
vehicle parks shall pay the commercial acreage fee.
(Ord. 651 § 4, 2011; Ord. 734 § 3, 2021)
(a)
Except as provided in subsection (b) of this Section, 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 (the "FTLHCP") ceased upon issuance
of the MSHCP permit. Projects that paid the FTLHCP fee are required
to pay the Local Development Mitigation Fee but may obtain a refund
of the FTLHCP fee from Commission. Refunds shall be granted subject
to the rules and regulations established by the Commission.
(Ord. 651 § 4, 2011)
(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 therefor, to the Commission in
compliance with all applicable policies and procedures 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 plan 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 an amount
and subject to the rules and regulations established by the Commission.
(Ord. 651 § 4, 2011)
The Fee established by this Chapter shall be revised annually
by means of an automatic adjustment at the beginning of each fiscal
year (July 1) 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 Fee adjustment shall not be
effective prior to a minimum of ten (10) months subsequent to the
effective date of the ordinance codified in this Chapter.
(Ord. 651 § 4, 2011)
The following types of construction shall be exempt from the
provisions of this Chapter:
(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 effective date of the ordinance codified in this
Chapter.
(g)
Guest dwellings constructed on residential property previously developed
with a single family dwelling.
(h)
Additional single family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications
set forth in the City's Municipal Code.
(i)
Kennels and catteries established in connection with an existing
single family residential unit and as defined and if allowed by the
City's Municipal Code.
(j)
Projects are exempt from paying the Fee provided they meet each of
the following three (3) conditions:
(1)
Completion of required infrastructure improvements including, but
not limited to, underground utilities, exterior project area walls,
streets and curbs and issuance of at least one (1) 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 (6) 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 Commission procedures, by September 1, 2011.
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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 Fee
but are eligible to receive a refund, on a pro rata per acre basis
based on the actual acreage being assessed the Fee. Any such projects
and proposed lots to be exempted must be registered in accordance
with Commission procedures by September 1, 2011.
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(Ord. 651 § 4, 2011)
The City may grant to owners or developers of real property,
a credit against the Fee that would otherwise be charged pursuant
to this Chapter, 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 Section 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.
(Ord. 651 § 4, 2011)
