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HomeMy WebLinkAboutCC RES 84-029' . . ,. RESOLUTION NO. 84-29 A RESOLUTION OF THE CITY COUNCIL OE THE CITY OF PALM DESERT PROVIDING FOR MITIG�TION OF LOCAL SCHOOL IMPACTION WHEREAS, the Desert Sands Unified School District ,�-r provides valuable educational services to the residents of the City of Palm Desert; and WHEREAS, the Board of Trustees of that District has taken the public position on several occasions and has officially informed this City Council that its school facilities and educational services are being seriously impacted by increasing student population, and that the most of this increase results from construction of new residential housing units within the Desert Sands Unified School District; and WHEREAS, this City Council has been informed by the District that as the public agency bearing official responsibility for providing educational services within this City, the District's ability to meet the public's . educational needs is now impaired and without additional financial assistance will deteriorate further, which condition of inadequacy is called herein "impaction"; and WHEREAS, by law a11 residential subdivisions must be consistent with the City's General Plan, which General Plan has as one of its primary objectives the provision of well-located and adeguate schools; and WHEREAS, by law all new resider.tial subdivisions as "projects" must have their identified adverse environmental impac�s either mitigated or avoided to the satisfaction of this City Council, or this Council must find that specific economic, social or other considerations make such miti�gation infeasible; and ` WHEREAS, such specifi, economic, social or other considerations do not generally override Lhe adverse effects on the impacted schools of the Desert Sands Unified School District; and DJE4/14 ' . WHEREAS, this City Council has received and reviewed the contents of the District's Resolution No. 25-82/83 , enacted by the District on Mav 3, 1983 ; and ��, WHEREAS, this City Council has informally indicated its approval of the concept of school impact mitigation as - enacted by other cities within the Desert Sands Unified School District and as embodied in this Resolution; and WHEREAS, this increase in population has created a greater need for new public school facilities, which need exceeds the District's ability to provide such facilities; and WHEREAS, present residential develo�er interest in City undeveloped real property indicates that the City will continue to increase its population at a substantial rate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. This Council finds that, in the absence of substantial assistance from developers of new residential subdivisions within the City of Palm Desert, the Desert Sands Unified School District will not have sufficier.t financial and other resources to provide adequate educational facilities and services to this City's residents, and that therefore, without such mitigating assistance, such new residential subdivisions would be inconsistent with the City's General Plan, would not comply with the California Environmental Quality Act, and would be inimical to the health and general welfare of City � residents. 2. This Council also finds that new residential , growth with proper mitigation of educational and other impacts can be beneficial to this City's existing economy and residents. -2- . DJE4/14 3. Therefore, this City Council hereby establishes ��.. the following policy for the City Planning Commission and the City Staff: A. No tentative tract map, parcel map, conditional use permit, planned unit development or other project requiring environmental review which provides for new residential dwelling units shall be approved in the City unless and until its developers and the Desert Sands Unified School District have agreed in writing to a means by which the impaction caused by the construction and occupation of such project will be adecruately mitigated, and that ar.y such subdivision or other permit for development approved by the Planning Commission be so conditioned to require such mi}igation. B. No building permit shall be issued for new development of any residential unit upon a lot or parcel of property within this City which exceeds the number of residential units on said 1ot or parcel on March 8, 1984, unless or until the applicant for such building permit (in addition to payment of any fees or charges otherwise reguired to be paid to the City of Palm Desert) provides evidence of payment to the Desert Sands Unified School District of the amount determined necessary to mitigate school impaction caused by such development. 4. Nothing herein shall be cons�rued as a delegation of the Council's power and responsibility to determine the issue of m�tigation of adverse environmental effects. The Council specifically reserves a11 rights provided to it by ' law, including the right to determine from time to time, by resolution, the maximum dollar amount per residential unit � which may be required to be paid as mitigation h�reunder, the right to determine any class of residential units to be exempted from the requirement of such mitigation because of special factual circumstances, or the right to establish -3- 0 DJE4/14 varying amounts of fees for certain types of development because of special factual circumstances. 5. The City Council reserves the right to suspend the �_ operation of this Resolution during any period in which the Desert Sands Unified School District fails to (a) establish � and maintain a separate accounting fund in which all payments received as mitigation of school impaction shall be held inviolate until properly expended; (b) expend such funds only for the construction of school capital facilities; and (c) account periodically (at least once each year) for all sums received for school impact mitigation, all sums expended from such mitigation fund, and al1 amounts remaining in said fund. 6. The policy established by this Resolution sha11 apply to all residential development for which building permits are issued on or after March 8, 1984. 7. Unless otherwise ordered by resolution of this -- City Council, if mitigation hereunder takes the form of payment of money, such payment shall not be required in excess of $ 628 per residential unit. ADOPTED THIS 8th day of March , 1984. AYE S: JACKSON, KELLY, PULUQI, WILSON & SNYDER NOES : NONE ABSTAIN: NONE C I TY OF PRLM DESERT a �\[� � L.� Walter Snyder, Mayor -4- � • DJE4/14 ATTEST: R� _ Sheila R. Gilligan City of Pa1m Desert APPROVED AS TO FORM : David J. Erwin City Attorney -5- City Clerk