Establishment of the Multiple Species Habitat Conservation Plan Fee.
Riverside Municipal Code § 16.72.040
in effect16.72.040 - Establishment of the Multiple Species Habitat Conservation Plan Fee.
Establishment of the Multiple Species Habitat Conservation Plan Fee. The following fee shall be paid for each Development Project to be constructed within the City:
A. Adoption. To assist in providing revenue to acquire and preserve vegetation communities and natural area within the City and western Riverside County which are known to support threatened, endangered, or key sensitive populations of plant and wildlife species, a Local Development Mitigation Fee shall be paid for each Development Project or portion thereon constructed within the City.
B. Fees. Automatic annual fee adjustments will be set by resolution and will be adjusted as provided for in Riverside Municipal Code Section 16.72.050.
C. Fee calculation. The fees are calculated using an Equivalent Benefit Unit methodology. The amount of the Local Development Mitigation Fee shall be calculated on the basis of the acreage of the project area, in accordance with the following:
1. The City staff shall determine the project area based on the subdivision map, plot plan, and other information submitted to or required by the City.
2. An applicant may elect, at his or her own expense, to have a project area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor shall prepare a wet-stamped letter of certification of the project area dimensions and a plot plan exhibit thereto that clearly delineates the project area. Upon receipt of the letter of certification and plot plan exhibit, the City shall calculate the Local Development Mitigation Fee required to be paid based on the certified project area.
3. Where construction or other improvements on project area are prohibited due to legal restrictions on the project area, such as Federal Emergency Management Agency designated flood ways or areas legally required to remain in their natural state, that portion of the project area so restricted shall be excluded for the purpose of calculating the Local Development Mitigation Fee.
D. Imposition of the Local Development Mitigation. Notwithstanding any other provision of the City's Municipal Code, no permit shall be issued for any Development Project except upon the condition that the Local Development Mitigation Fee applicable to such Development Project has been paid.
E. Payment of the Local Development Mitigation Fee.
1. The Local Development Mitigation Fee shall be paid in full at the issuance of building permits and in accordance with applicable law.
2. The Local Development Mitigation Fee shall be assessed one time per lot or parcel, except when additional construction or improvement on the lot or parcel results in the disturbance of additional area.
3. The Local Development Mitigation Fee required to be paid under this ordinance shall be the fee in effect at the time of payment.
4. 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.
5. 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.
F. Refunds. There shall be no refund of all or part of any Local Development Mitigation Fee paid under this ordinance except in cases of overpayment or miscalculation of the applicable fee. Only in cases of overpayment or miscalculation of the fee will the person or entity that paid the Local Development Mitigation Fee be entitled to a refund.
G. Accounting and local disbursement of Collected Local Development Mitigation Fees.
1. All fees paid pursuant to this ordinance shall be deposited, invested, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law.
2. Subject to the provisions of this section, all fees collected pursuant to this ordinance shall be remitted to the Western Riverside County Regional Conservation Authority at least quarterly, and will be expended solely for the purpose of acquiring and preserving vegetation communities and natural areas within the City and the region which species covered in the MSHCP in accordance with the provisions of the MSHCP.
3. The City may recover the costs of administering the provisions of this ordinance using the Revenues generated by the fees, in an amount and subject to the rules and regulations established by the Western Riverside County Regional Conservation Authority.
(Ord. 6945 §1, 2007; Ord. 6709 §1, 2003)
Source: City of Riverside, California, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/riverside/codes/code_of_ordinances?nodeId=PTIICOOR_TIT16BUCO_CH16.72WERIMUSPHACOPLFEPR_16.72.040ESMUSPHACOPLFEFetched: 11/1/2026