Chapter 3.60
WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN FEE PROGRAM
Sections:
3.60.030 Local development mitigation and local infrastructure fee.
3.60.040 Imposition of the local development mitigation fee.
3.60.050 Payment of local development mitigation fee.
3.60.070 Accounting and disbursement of collected local development mitigation fees.
Prior legislation: Ords. 813, 863, 894 and 1033.
3.60.010 Title.
This chapter shall be known as the “Western Riverside County Multiple Species Habitat Conservation Plan Fee Program Ordinance” and shall be added as Chapter 3.60. (Ord. 1066 Sec. 3, 2021)
3.60.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall have the following meanings:
A. “Accessory Dwelling Unit” means an accessory dwelling unit as defined by California Government Code Section 65852.2(j)(1), or as defined in any successor statute.
B. “Board of Supervisors” means the Board of Supervisors of the County of Riverside, California.
C. “City” means the City of Norco, California.
D. “City Council” means the City Council of the City of Norco, California.
E. “Credit” means a credit allowed pursuant to the provisions of this chapter, which may be applied against the development impact fee paid.
F. “Development” means a human-created change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavating, and drilling.
G. “Development Project” or “Project” means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the City pursuant to all applicable ordinances, regulations, and rules of the City and State law.
H. “Junior Accessory Dwelling Unit” means a junior accessory dwelling unit as defined by California Government Code Section 65852.22(h)(1), or as defined in any successor statute.
I. “Local Development Mitigation Fee” or “Fee” means the development impact fee imposed pursuant to the provisions of this chapter.
J. “Multiple Species Habitat Conservation Plan” or “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan, adopted by the City Council on September 17, 2003.
K. “MSHCP Conservation Area” has the same meaning and intent as such term is defined and utilized in the MSHCP.
L. “Ordinance” means Ordinance No. 1066 of the City of Norco, California.
M. “Project Area” means the area, measured in acres, within the Development Project including, without limitation, any areas to be developed as a condition of the Development Project. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Local Development Mitigation Fee. See the MSHCP Mitigation Fee Implementation Manual for additional guidance for calculating the Project Area.
N. “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.
O. “Western Riverside County Regional Conservation Authority” or “RCA” means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP.
(Any capitalized term not otherwise defined herein shall carry the same meaning and definition as that term is used and defined in the MSHCP.) (Ord. 1066 Sec. 3, 2021)
3.60.030 Local development mitigation and local infrastructure fee.
A. Adoption of Local Development Mitigation Fee Schedule. The City Council shall adopt an applicable Local Development Mitigation Fee schedule provided by the RCA through a separate resolution, which may be amended from time to time.
B. Public Projects. The City is required to mitigate the impacts of Public Projects pursuant to the MSHCP and the MSHCP Implementing Agreement. The definition of Public Project and the method for mitigating Public Projects will be set forth in the MSHCP Mitigation Fee Implementation Manual.
C. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set forth in the fee resolution referenced above may be periodically reviewed and the amounts adjusted as set forth in the MSHCP Mitigation Fee Implementation Manual.
D. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this chapter as set forth in the MSHCP Mitigation Fee Implementation Manual. (Ord. 1066 Sec. 3, 2021)
3.60.040 Imposition of the local development mitigation fee.
A. The Local Development Mitigation Fee will be paid no later than at the issuance of a building permit. Notwithstanding any other provision of the City’s Municipal Code, no building permit shall be issued for any Development Project unless the Local Development Mitigation Fee applicable to such Development Project has been paid. The amount of the Fee shall be calculated in accordance with the MSHCP Mitigation Fee Implementation Manual.
B. In lieu of the payment of the Local Development Mitigation Fee as provided above, the Fee for a Development may be paid through a Community Facilities District; provided, that such arrangement is approved by the RCA in writing. (Ord. 1066 Sec. 3, 2021)
3.60.050 Payment of local development mitigation fee.
A. The Local Development Mitigation Fee shall be paid in full in accordance with applicable law.
B. The Local Development Mitigation Fee required to be paid under this chapter shall be the fee in effect at the time the permit is issued (or at the time the fee is paid) for which the Local Development Mitigation Fee is assessed; provided, however, that Housing Development Projects as defined by California Government Code Section 65589.5(h)(2) may be entitled to pay the fee in effect at the time the preliminary application was submitted.
C. 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 Development Project is subject to conditions of approval by the City imposing the requirement to pay the fee.
D. If all or part of the Development 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.
E. The fee title owner(s) of the Property is responsible for the payment of the Local Development Mitigation Fee. (Ord. 1066 Sec. 3, 2021)
3.60.060 Refunds.
Under certain circumstances, such as double payment, expiration of a building permit, or fee miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the net revenue stream. Refunds will only be considered reimbursable if requested within three years of the original LDMF payment. In all cases, the applicant must promptly submit a refund request with proof of LDMF payment to the RCA if RCA collected the LDMF, or if collected by a local jurisdiction, the refund request shall be submitted to that local jurisdiction, which will subsequently forward the request to RCA for verification, review, and possible action.
A. Expiration of Building Permits. If a building permit should expire, is revoked, or is voluntarily surrendered and is, therefore voided and no construction or improvement of land has commenced, then the applicant may be entitled to a refund of the LDMF collected which was paid as a condition of approval, less administration costs. Any refund must be requested within three years of the original payment. The applicant shall pay the current LDMF in effect at the time in full if s/he reapplies for the permit.
B. Double Payments. On occasion due to a clerical error, a developer has paid all or a portion of the required LDMF for project twice. In such cases, a refund of the double payment may be required.
C. Balance Due. When LDMF is incorrectly calculated due to City clerical error, it is the City’s responsibility to remit the balance due to RCA. The error must be discovered within three years of the original payment for the City to be held accountable. The amount due can be remitted through alternate methods agreed to by the RCA Executive Committee. If first approved through RCA staff in writing, the calculation is not subject to additional review. (Ord. 1066 Sec. 3, 2021)
3.60.070 Accounting and disbursement of collected local development mitigation fees.
A. All fees paid pursuant to this chapter shall be deposited, invested, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law.
B. Subject to the provisions of this section, all fees collected pursuant to this chapter shall be remitted to the Western Riverside County Regional Conservation Authority at least quarterly.
C. In the resolution mentioned in Section 3.60.030, the City may also add an additional cost to the Local Development Mitigation Fee schedule to cover the costs of collecting the fees from project proponents. Any amounts collected by the City shall not reduce the amount collected and remitted to the RCA under this chapter. (Ord. 1066 Sec. 3, 2021)
3.60.080 Exemptions.
The following types of construction shall be exempt from the provisions of this chapter:
A. Reconstruction or improvements that were damaged or destroyed by fire or other natural causes; provided, that the reconstruction or improvements do not result in additional usable square footage.
B. Rehabilitation or remodeling to an existing Development Project; provided, that the rehabilitation or remodeling does not result in additional usable square footage.
C. Accessory Dwelling Units, but only to the extent such fee is exempted under State law.
D. Junior Accessory Dwelling Units, but only to the extent such fee is exempted under State law.
E. Existing structures where the use is changed from an existing permitted use to a different permitted use; provided, that no additional improvements are constructed and does not result in additional usable square footage.
F. Certain Agricultural Operations as allowed by the MSHCP, as amended.
G. Vesting Tentative Tract Maps entered into pursuant to Government Code Section 66452 et seq. (also, Government Code Section 66498.1 et seq.) and Development Projects which are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of Ordinance No. 813, wherein the imposition of new fees are expressly prohibited; provided, that if the term of such a vesting map or development agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 813, the MSHCP Fee shall be imposed.
Except as exempted above, all projects are required to make a mitigation payment/contribution and where no mitigation payment process is specified, the project will pay the updated per acre mitigation fee. (Ord. 1066 Sec. 3, 2021)
3.60.090 Fee credits.
Any Local Development Mitigation Fee credit that may be applicable to a Development Project shall be determined by the City and approved by the RCA. All Fee Credits shall comply with the resolutions, ordinances, Implementing Agreement, and policies of the Western Riverside County Regional Conservation Authority including, without limitation, the MSHCP Mitigation Fee Implementation Manual. (Ord. 1066 Sec. 3, 2021)
3.60.100 Severability.
This chapter 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 chapter shall be affected thereby. If any part, sentence, paragraph, section, or clause of this chapter, or its application to any person or entity, is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this chapter, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections, or clauses of this chapter, or its application to other persons or entities. The City Council hereby declares that this chapter would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this chapter not been included herein; or had such person or entity been expressly exempted from the application of this chapter. (Ord. 1066 Sec. 3, 2021)