(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.)