§ 4.62.020. Findings.

The board of supervisors finds and determines that:

A.

In order to implement the goals and objectives of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and to mitigate the impact caused by new development in the unincorporated area of western Riverside County, lands supporting species covered by the MSHCP must be acquired and conserved.

B.

A development mitigation fee (fee) is necessary in order to supplement the financing or acquisition of lands supporting species covered by the MSHCP and to pay for new development's fair share or the cost.

C.

The appropriate funding source to pay the costs associated with mitigating the impacts of new development to the natural ecosystems and covered species within the unincorporated area of western Riverside County, as identified in the MSHCP, is a 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 the relative cost of mitigating such impacts.

D.

The fee set forth in this chapter 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 board finds that the benefit to each development project is greater than the amount of the fee to be paid by that project.

E.

The MSHCP and Mitigation Fee Nexus Report, a copy of which is on file in the clerk of the board's office, provide a basis for the imposition of the fee on new development.

F.

The use of the fee to mitigate the impacts to the county's natural ecosystems and covered species identified in the MSHCP is reasonably related to the type and extent of impacts caused by development within the unincorporated area of western Riverside County.

G.

The costs of funding the proper mitigation for natural ecosystems and covered species identified in the MSHCP which are impacted by new development are apportioned relative to the type and extent of impacts caused by the development.

H.

The facts and evidence provided to and considered by the board established that there is a reasonable relationship between the need for preserving the natural ecosystems and covered species identified in the MSHCP, and the impacts to such natural ecosystems and species 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 Mitigation Fee Nexus Report.

I.

The cost estimates for mitigating the impact of new development on the county's natural ecosystems and covered species, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.

J.

The fees collected pursuant to this chapter shall be used to finance the acquisition of lands and certain improvements necessary to implement the goals and objectives of the MSHCP.

K.

Even though second unit on existing single family lots may also contribute to the need for acquisition of lands necessary to implement the MSHCP, the board refrains from imposing the fee on such development at this time, and in regard finds that second units: (1) provide a cost effective means for serving development through the use of existing infrastructure, as contrasted to requiring the construction of new costly infrastructure to serve development in undeveloped areas; and (2) provide relatively affordable housing for low and moderate income households without public subsidy.

(Ord. 810.2 § 2, 2003)