HomeMy WebLinkAboutCC RES 06-154RESOLUTION NO. 06 -154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, INCREASING THE FRINGE -
TOED LIZARD MITIGATION FEE FOR DEVELOPMENT
WITHIN HISTORICAL HABITAT AS IDENTIFIED IN THE
COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT
CONSERVATION PLAN.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 16th
day of November, 2006, hold a duly noticed public hearing on the above described
increase; and
WHEREAS, the Cities of the Coachella Valley, County of Riverside, Coachella
Valley Association of Governments, California Department of Fish and Game, U.S. Fish
and Wildlife Service and The Nature Conservancy cooperated in the preparation of the
Coachella Valley Fringe -Toed Lizard ("CVFTL") Habitat Conservation Plan ("HCP"), which
was implemented through agreements and other documents signed by the parties
(collectively the "HCP Agreement"); and
WHEREAS, all new development projects within certain designated historical habitat
areas of the CVFTL as identified in the HCP Agreement ("designated mitigation fee area")
will have direct and cumulative impacts on the CVFTL, its potential habitat or the ecological
processes necessary to sustain that habitat such that mitigation is necessary in order to
preserve the species; and
WHEREAS, all new development within the designated mitigation fee area will
directly or indirectly benefit by funding a comprehensive approach to habitat mitigation; and
WHEREAS, the HCP Agreement has identified, as a priority, critical sand source
area that must be purchased for conservation in order to adequately protect the CVFTL
and its habitat; and
WHEREAS, each newly developed acre within the designated mitigation fee area
has approximately the same proportionate impact on the loss of habitat so that each
proposed acre to be disturbed is proportionate to the total cost of acquiring the priority sand
source areas identified in the HCP Agreement: and
WHEREAS, the HCP Agreement provides for the acquisition and protection of
designated priority sand source areas and provides that acquisition be funded primarily
through a mitigation fee last established at $600 per disturbed acre, to be collected from
land owners who obtain grading or building permits from the Cities or County for projects
within the designated mitigation fee area; and
WHEREAS, substantial evidence exists that the current $600/acre fee is insufficient
to acquire all priority sand source areas previously identified as necessary to insure viable
preserves capable of perpetuating the species; and
RESOLUTION NO. O6-154
WHEREAS, an increase in the fee is needed to insure acquisition of the priority
sand source area needed to adequately conserve the CVFTL; and
WHEREAS, an updated Nexus Study has now been completed, a copy of which has
been available for public review for more than ten (10) days; and
WHEREAS, the Nexus Study has considered the remaining acreage of priority sand
source areas to be purchased for conservation, the projected cost of acquisition, and the
anticipated amount of acreage within the designated mitigation fee area to be developed,
which data demonstrates that the mitigation fee must be increased to $2,371 per disturbed
acre in order to meet the above -referenced goals of the HCP; and
WHEREAS, the formula for determining the increase in the mitigation fee is
calculated on a per acre basis relative to each proposed project as its size is measured in
acres such that there is a reasonable relationship between the increased fee to be charged
for each proposed project and the corresponding impact of that project on that
proportionate cost of conservation of priority sand source area necessary for habitat
protection; and
WHEREAS, notice of the public hearing on the adoption of this Resolution has been
given as required by law; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, that the Fringe -Toed Lizard mitigation fee imposed through the HCP
Agreement shall be raised to $2,371 /acre effective February 1, 2007.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 16th day of November , 2006, by the following vote, to wit:
AYES: BENSON, SPIEGEL, and BELLY
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
-i1at. drAl"
RACHEL' • KL A SSEN, City CI
City of Palm Desert, California
2
ti
RI S. BELLY, MAYOR PRO-TEMPOR$