§ 4.56.050. Established.

A.

There is established a transportation uniform mitigation fee, the proceeds of which shall be placed in the trust fund established by CVAG and used to construct the transportation improvements and provide the additional capacity needed by the year 2030 to accommodate the traffic generated by the development of land in the county and in the entire Coachella Valley.

B.

The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG. It is anticipated that the executive committee of CVAG shall annually review and, if necessary, amend the amount of the recommended mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. The transportation uniform mitigation fee shall be determined as follows:

1.

Seventy-four dollars ($74.00) per average daily trip for sales tax producing commercial;

2.

One hundred forty-eight dollars ($148.00) per average daily trip for all other nonresidential development; and

3.

One hundred ninety-two dollars ($192.00) per average daily trip for all residential development.

C.

The board shall annually review and, if necessary, amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG's annual review, the board shall amend its fee amount in accord or in an amount greater.

D.

No tract map, parcel map, conditional use permit, plot plan, public use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the county.

E.

No building or similar permit, certificate of occupancy, or final inspection shall be issued or performed unless the applicant has paid the mitigation fee.

F.

Mitigation fees shall be imposed and collected by the county and shall be transmitted to CVAG to be placed in the Coachella Valley transportation mitigation trust fund. All interest or other earnings of the fund shall be credited to the fund.

(Ord. 673.2 §§ 3, 4, 2006; Ord. 673 § 5, 1989)