Chapter 16.33 — MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) MITIGATION FEE

This chapter shall be known as the "Multiple Species Habitat Conservation Plan Mitigation Fee Ordinance." (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

The City Council finds and determines as follows:

(A) The preservation of vegetation communities and natural areas within the city and western Riverside County which support species covered by the MSHCP is necessary to protect and promote the health, safety, and welfare of all the citizens of the city by reducing the adverse direct, indirect, and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the MSHCP.

(B) It is necessary to impose a development impact fee to ensure that all new development within the city pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the city and the region which are known to support plant and wildlife species covered by the MSHCP.

(C) The proper funding source to pay the costs associated with mitigating the direct, indirect, and cumulative impacts of development to the natural ecosystems within the city and the region, as identified in the MSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts.

(D) The MSHCP and the 2020 Nexus Study, a copy of which is on file in the City Clerk's office, provides a basis for the imposition of development impact fees on new construction.

(E) The use of the development impact fees to mitigate the impacts to the city's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the city.

(F) The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the city and the region are apportioned relative to the type and extent of impacts caused by the development.

(G) The facts and evidence provided to the city establish that there is a reasonable relationship between the need for preserving the natural ecosystems in the city and the region, as defined in the MSHCP, and the direct, indirect, and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the 2020 Nexus Study.

(H) The cost estimates for mitigating the impact of development on the city's and the region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.

(I) The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the fee to be paid by the project.

(J) The fees collected pursuant to this chapter shall be used to finance the acquisition and perpetual conservation of the natural ecosystems and certain improvements necessary to implement the goals and objectives of the MSHCP. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

The purpose and intent of this chapter is to establish a development mitigation fee to: (a) help fund the maintenance of biological diversity and the natural ecosystem processes that support this diversity; (b) protect vegetation communities and natural areas within the city and western Riverside County which are known to support plant and wildlife species covered by the MSHCP; (c) maintain economic development within the city by providing a streamlined regulatory process from which development can proceed in an orderly process; and (d) protect the existing character of the city and the region through the implementation of a system of reserves that will provide for permanent conservation of species covered by the MSHCP.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

This chapter is enacted under the authority of Title 7, Division 1, Chapter 5 of the California Government Code, beginning with Section 66000, which provides that a local agency may establish fees for the purpose of defraying all or a portion of the cost of public facilities related to development projects. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

The RCA is hereby authorized to and responsible for the administration of this chapter. The RCA is hereby authorized to receive all mitigation fees generated and collected pursuant to the requirements of this chapter, and to invest, account for, and expend such fees in accordance with the provisions of this chapter, the MSHCP, and the Implementation Manual. If approved by the RCA Board of Directors and set forth in the Implementation Manual, the RCA is authorized to calculate the MSHCP mitigation fees required under this chapter and collect such fees directly from the development project applicant.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

As used in this chapter, the following terms shall have the following meanings:

(A) ”Accessory dwelling unit” means as defined in Section 17.04.016 of this code, as may be amended from time to time.

• (B) " Chapter " means this Chapter 16.33 of the Corona Municipal Code.

• (C) " City " means the City of Corona, California.

• (D) " City Council " means the City Council of the City of Corona, California.

• (E) " Credit " means a credit allowed pursuant to § 16.33.130 of this chapter, which may be applied against the MSHCP Mitigation Fee required to be paid.

(F) " 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.

(G) ”Implementation manual” means the MSHCP Mitigation Fee Implementation Manual adopted by RCA on December 7, 2020, as may be amended from time to time, which details the administrative procedures concerning the implementation of the MSHCP mitigation fee.

(H) “Junior accessory dwelling unit” means as defined in Section 17.04.018 of this code, as may be amended from time to time.

(I) " Multiple Species Habitat Conservation Plan " or " MSHCP " means the Western Riverside County Multiple Species Habitat Conservation Plan, adopted by resolution of the City Council on October 1, 2003.

(J) " MSHCP Conservation Area " has the same meaning and intent as such term is defined and utilized in the MSHCP.

(K) " MSHCP Mitigation Fee " or " Fee " means the development impact fee imposed pursuant to the provisions of this chapter.

(L) " 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.

(M) " 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.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

(A) Adoption of fee schedule. The City Council shall adopt the MSHCP 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 certain public projects pursuant to the MSHCP. The definition of public project and the method for mitigating public projects is set forth in the Implementation Manual.

(C) Periodic fee adjustment. The MSHCP mitigation fee schedule may be periodically reviewed and then adjusted, in which event, the City Council will update the resolution adopted pursuant to division (A) of this section. (D) Automatic annual fee adjustment. In addition to the periodic fee adjustment set forth in division (C) of this section, the MSHCP mitigation fee schedule shall be adjusted annually based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area or a replacement CPI index issued by the federal government. The City Council will update the resolution adopted pursuant to division (A) of this section to reflect the annual fee adjustment. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

(A) Development projects. To assist in providing revenue to acquire and preserve vegetation communities and natural areas within the city and Western Riverside County which are known to support threatened, endangered or key sensitive populations of plant and wildlife species, the MSHCP mitigation fee shall be paid for each development project or portion thereof to be constructed within the city.

(B) Due prior to building permit. The MSHCP mitigation fee shall be paid no later than the issuance of a building permit for a development permit. Notwithstanding any other provision of this code, no building permit shall be issued

for any development project except upon the condition that the MSHCP mitigation fee applicable to such development project has been paid.

(C) Amount of fee. The amount of the MSHCP mitigation fee for a development project shall be calculated in accordance with the Implementation Manual.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

(A) Applicable law. The MSHCP mitigation fee shall be paid in full in accordance with applicable law.

(B) Community facilities district. In lieu of direct payment of the MSHCP mitigation fee and to the extent permitted by the city’s debt policy and procedures, the MSHCP mitigation fee may be paid through a community facilities district subject to the written approval of the RCA.

(C) Amount determined at time of payment. The MSHCP mitigation fee required to be paid under this chapter shall be the fee in effect at the time the fee is paid; provided, however, that housing development projects, as defined by Cal. Government Code Section 65589.5(h)(2), may be entitled to pay the MSHCP mitigation fee in effect at the time the preliminary application was submitted.

(D) Condition of approval not required. Notwithstanding anything in the City's Municipal Code, or any other written documentation to the contrary, the MSHCP 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.

(E) Sale of development project. If all or part of the development project is sold prior to payment of the MSHCP mitigation fee, the project shall continue to be subject to the requirement to pay the fee as provided herein.

(F) Property owner responsible. The fee title owner(s) of the property upon which the development project will be developed is responsible for the payment of the MSHCP mitigation fee.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

Under certain circumstances, such as overpayment, expiration of a building permit, or miscalculation of the fee due to clerical error, as described in the Implementation Manual, the person or entity that paid the MSHCP mitigation fee may be entitled to a refund. Refunds will be disbursed by the end of the fiscal year on a first-come, first-served basis, depending upon RCA’s net revenue stream. Refunds will only be authorized if requested within three years of the date the MSHCP mitigation fee was paid. In all cases, the applicant must promptly submit a refund request, with proof of payment of the MSHCP mitigation fee, to the RCA if RCA collected the fee, or to the city if the city collected the fee, in which case, the city will forward the request to RCA for verification, review, and possible action in accordance with the Implementation Manual.

(Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

(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. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

In exchange for the conveyance of real property to RCA determined by RCA to be appropriate for conservation pursuant to the standards set forth in the Implementation Manual, a development project that is subject to the MSHCP mitigation fee may be eligible for a credit against the MSHCP mitigation fee that would otherwise be collected for the development project if approved by RCA. Any fee credits issued pursuant to this section shall comply with all resolutions, ordinances and policies of the RCA, including, without limitation, the Implementation Manual. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)

The following types of construction shall be exempt from the provisions of this chapter:

(A) Reconstruction or improvements that are 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 of an existing development project, provided that the rehabilitation or remodeling does not result in additional usable square footage.

(C) Accessory dwelling units or junior accessory dwelling units, but only to the extent from payment of the MSHCP mitigation fee under state law.

(D) Existing structures that are converted 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.

(E) Certain agricultural operations as allowed by the MSHCP.

(F) Development projects for which a vesting tentative tract map has been approved pursuant to California Government Code Section 66452 et seq., (also, California Government Code Section 66498.1 et seq.) and Development Projects which are the subject of a development agreement entered into pursuant to California Government Code Section 65864 et seq., prior to October 15, 2003, 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 October 15, 2003, the MSHCP mitigation fee shall apply and shall be imposed. (Ord. 3326 § 2, 2021; Ord. 2678 § 1, 2003.)