Chino Municipal Code Ch. 3.47 The Preserve Resource Mitigation Plan Mitigation Fee

A. Basis for calculation of The Preserve RMP mitigation fee. The city approves, adopts and incorporates the report from PCR Services Corporation, entitled "The Preserve Resources Management Plan Mitigation Fee Nexus Study" (Nexus Study), which establishes the:

1. Need for and Nexus to required biological mitigation in The Preserve;

2. Total cost of such mitigation, including design, engineering, construction, installation and management of such mitigation;

3. Use of the fee for activities designed to implement the RMP mitigation measures;

4. Relationship between the need for the fee and the type of development projects on which the fees are imposed;

5. Relationship between the use of the fee and the type of development projects on which the fees are imposed;

6. Relationship between the fee charged and the cost of the mitigation measures; and

7. The developer's option to provide habitat lands and habitat enhancements "in-lieu" of the mitigation fee.

B. Need for biological mitigation. To implement the goals and objectives of the city's general plan, applicable specific plans and master plans and subsequent environmental documents in protecting the natural environment, and mitigating the environmental and biological impacts for all development projects within The Preserve. Mitigations must be constructed and installed, or paid for and financed by such development projects.

C. Need for RMP mitigation fees. Therefore, the city council has determined, based on the Nexus Study, the city's general plan and applicable specific plans and master plans, and subsequent environmental documents as well as substantial evidence submitted in public hearings by the planning commission and city council, that an RMP mitigation fee is needed for The Preserve in order to finance required mitigation measures and to allocate the responsibility to pay the costs of constructing, installing, maintaining, and managing such mitigations to each development project.

D. Consistency with city general, specific, and master plans. In establishing the RMP mitigation fee, the city council finds that it is consistent with the city's general plan and applicable specific plans and master plans.

E. Use of the RMP mitigation fee. The preserve RMP mitigation fee is established for each development project located within The Preserve, predicated on the following findings regarding its use:

1. A portion of the fees collected will be used to acquire a three hundred-acre conservation area.

2. A portion of the fees collected will be used for enhancement of the three hundred-acre conservation area.

3. A portion of the fees collected will be used to fund activities benefiting the Burrowing Owl in order to mitigate impacts of development on Burrowing Owls within The Preserve.

4. A portion of the fees collected will be used for the enhancement of drainage area "B".

5. A portion of the fees collected will be used for enhancement of riparian habitat along Cucamonga Creek.

6. A portion of the fees collected will be used for the restoration of Cucamonga Creek.

7. A portion of the fees collected will be used for the maintenance and management of the other improvements described herein.

(Ord. 2005-02 § 3 (part), 2005.)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them by this section:

A. "Adjusted gross acreage" refers to the development area, excluding major, secondary, and collector street rights-of-way, and also excluding easements for major utilities and land for city parks and schools. Internal (local) streets and minor utility easements remain in the adjusted gross acreage.

B. "Developing property" means any property upon which no structures currently exist at the time of application for city approval of a subdivision or parcel map.

C. "Development project" means any project undertaken on land that is subject to city approval of a subdivision or parcel map, and on which residences, commercial or industrial buildings and facilities are to be constructed or altered, including any development for which a city permit authorizing construction or reconstruction is required, but not a permit to operate.

D. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged by the city to the applicant in connection with approval of a development project for the purpose of biological mitigation related to the development project, also referred to herein as a "RMP mitigation fee", but does not include a fee specified in section 66477 of the Government Code, a fee for processing applications for regulatory actions or approvals.

E. "Phase" means a development project within the area identified in the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, inclusive of Tentative Tract Map Nos. 16418, 16419, 16519, 16520, 16521 16522 and 16523, approved by the planning commission on September 15, 2003, or by a subsequent planning commission or city council subdivision, parcel map, or site approval within The Preserve.

F. "The preserve" means the approximately 5,435.3 acres of land described and depicted on "Exhibit "A" of the ordinance codified in this chapter, generally located in the southeastern corner of San Bernardino County, bordered by the Chino Airport and the City of Ontario on the north, the unincorporated community of Eastvale in the County of Riverside County on the east, the El Prado Flood Control Basin on the south and the Cities of Chino and Chino Hills on the west, annexed to the city pursuant to approval of the San Bernardino Local Agency Formation Commission (SBLAFCO) on May 21, 2003, and the final certificate of completion of SBLAFCO issued on June 10, 2003.

(Ord. 2005-02 § 3 (part), 2005.)

The development of land within The Preserve will require the payment of the RMP mitigation fee of seven thousand three hundred and thirty-one dollars ($7,331) per adjusted gross acre, consistent with the requirements of mitigation measure B-3(8) of The Preserve, Chino Sphere of Influence - Subarea 2, Final Environmental Impact Report.

(Ord. 2005-02 § 3 (part), 2005; Ord. 2008-13 § 2, 2008; Ord. 2022-006, § 2, 2022.)

The amount of each fee established by this chapter may be more specifically set and revised periodically. The adjustment of fees pursuant to sections 3.47.090 or 3.47.100 will be made by resolution of the city council subject to the requirement for a public hearing, with this chapter being considered as enabling and directive, and as setting only the initial fees.

(Ord. 2005-02 § 3 (part), 2005.)

A. There is created a RMP mitigation fee fund for The Preserve, within the city's fund structure and accounting system, which shall contain all fees collected pursuant to this chapter and all interest accruing from the investment of such fees contained within said fund.

B. The fees collected pursuant to this chapter shall be deposited in a special account within The Preserve RMP mitigation fee fund created by the city to hold the revenue and interest generated by such fees.

(Ord. 2005-02 § 3 (part), 2005.)

Except as provided herein, the final planning commission approved maps or plans for development projects located within The Preserve shall be used as the basis for computation of the required RMP mitigation fee.

(Ord. 2005-02 § 3 (part), 2005.)

The applicability of the fee established by this chapter shall be determined for each developing property on which a development project is proposed at the time of application, and shall be payable upon planning commission approval as a condition of approval for such development project.

(Ord. 2005-02 § 3 (part), 2005.)

A. Entitlement to project credit. Whenever an owner or a developer is required to implement mitigation measures described in the RMP, as a condition of approval for a development project, the owner or developer shall be entitled to receive a project credit in lieu of fees that would otherwise be required, pursuant to this chapter.

B. Project credit. The basis and procedure for earning and receiving a project credit are as follows:

1. The developer of any development project within The Preserve shall have paid the RMP mitigation fee and/or implemented required mitigation measures, including construction of associated improvements or dedication of land, required for such development project.

2. In the event that an owner or developer implements such mitigation measures, the owner or developer may apply the project credit to offset an obligation of the owner or developer to pay a fee imposed pursuant to this chapter. After deducting a project credit against the applicable fee due hereunder, the owner or developer shall pay the remainder of the fee due.

3. The director of community development shall determine the amount of the project credit for the implementation of mitigation measures, based on the actual cost of improvements, land dedications, and associated actions required to provide for the implementation of mitigation measures. Each project credit shall be approved by the director of community development after final completion and acceptance of improvements, land dedications, and associated actions necessary to implement the mitigation measure, subject to appeal to the city council pursuant to section 3.47.100.

4. If it is determined that the project credit exceeds the fees that would otherwise be due for a development project, the owner or developer may apply for a project reimbursement as provided in Subsection C of this section, or may apply the project credit to future phases of development.

C. Project reimbursements. The city acknowledges that a mitigation effort may cost the owner or developer more to implement than the fee otherwise payable hereunder. In the event that an owner or developer implements mitigation and the actual cost to implement it exceeds the fee otherwise payable hereunder, such an owner or developer shall be entitled to a project reimbursement in an amount equal to the difference between the actual implementation cost and the fee payable hereunder. The amount of the reimbursement shall include the cost to acquire any land or right-of-way needed for the mitigation in addition to the actual cost to implement the mitigation.

1. A project reimbursement of The Preserve RMP mitigation fee shall be administered and calculated under the provisions of Subsections C.2., 3. and 4. of this section.

2. No reimbursement agreement authorized by this chapter shall be for a term of more than ten years from execution, unless otherwise provided in a development agreement approved by the city pursuant to section 20.23.070 of this Code. The form and substance of any such reimbursement agreement shall be determined by the director of community development and the city attorney.

3. Reimbursements to developers and landowners with project credits and that also have mitigation fee reimbursement agreements with the city shall occur when other developers or landowners have paid fees into the RMP mitigation fee fund that has been established under Subsection 3.47.050A. Reimbursements shall be payable within ninety days after the city is in receipt of such fees, up to the maximum amount identified in the applicable reimbursement agreement. Such reimbursements shall be fully paid in the order of seniority, with the oldest agreement in effect paid first, the second oldest paid next, and so on.

4. Special conditions.

a. All reimbursements shall be paid only from the appropriate RMP mitigation fee account.

b. Nothing in this section shall relieve any development project from paying the fees set out in section 3.47.030 of this chapter.

(Ord. 2005-02 § 3 (part), 2005.)

(Ord. No. 2010-05, § 9, 2010.)

An owner or developer of any development project subject to payment of the fees required by this chapter may apply to the city council for a reduction, adjustment, or waiver of fees, pursuant to the procedure and criteria provided by section 3.40.110. However, if such a reduction, adjustment, or waiver of fees is approved by the city council, any change in use within the development project shall invalidate such reduction, adjustment, or waiver of fees.

(Ord. 2005-02 § 3 (part), 2005.)

An owner or developer of any development project also may appeal any determination of the director of community development hereunder, including but not limited to those regarding a project credit, actual project cost, project reimbursement, priority reimbursement, and mitigation requirements, pursuant to the procedures prescribed by section 3.47.080. However, the criteria for decision by the city council shall be the criteria otherwise prescribed herein, i.e., the existence of any reasonable relationship between the impacts and fees, rather than the criteria provided in section 3.40.110.

(Ord. 2005-02 § 3 (part), 2005.)