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Home My WebLink AboutCC RES 07-70RESOLUTION NO. 07-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. TITLE This Resolution shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan Implementation Policy." SECTION II. FINDINGS AND PURPOSE A. The City Council finds that the ecosystems of the City of Palm Desert ("City"), the Coachella Valley and surrounding mountains located in central Riverside County and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; these vegetation communities and natural areas contain habitat value which contributes to the region's environmental resources; and special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them. This Resolution will protect the City's and the region's biological resources, vegetation communities, and natural areas, and prevent their degradation and loss by guiding development outside of biological resource core areas, and by establishing mitigation standards which will be applied to development projects. Adoption and implementation of this Resolution will enable the City to achieve the conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP"), to implement the associated Implementing Agreement executed by the City Council on October 11 2007, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act"), and other applicable laws. B. The purpose and intent of this Resolution is to maintain and restore biological diversity and the natural ecosystem processes which support this diversity, to protect vegetation communities and natural areas within the City, the Coachella Valley and the surrounding mountains located in central Riverside County which RVPUB\FAVILA\738332.1 RESOLUTION NO. 07-70 support species covered under the MSHCP; to maintain a future of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and to protect the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space; community edges, and habitat conservation for species covered by the MSHCP. SECTION III. APPLICATION OF REGULATIONS Except as provided in Section IV, this Resolution shall apply to all land within the City shown on the MSHCP Plan Area Map, attached as Exhibit "1" hereto. Upon application to the City for a development project, an applicant shall be required to comply with the procedures set forth in this Resolution. Upon the City's initiation of a project that is subject to CEQA, the City shall be required to comply with the procedures set forth in this Resolution. No project requiring a discretionary, or certain ministerial permits or approvals that could have adverse impacts to species covered under the MSHCP shall be approved by the City, and no City -initiated public project shall be undertaken, unless the project is consistent with the MSHCP and this Resolution. SECTION IV. EXEMPTIONS This Resolution shall not apply to the following: A. The adoption or amendment of the City's General Plan. • B. The adoption or amendment of any land use or zoning ordinance. C. Any project for which and to the extent that a vesting tentative map pursuant to the Subdivision Map Act, or a development agreement pursuant to Government Code sections 65864 et seq., approved or executed prior to adoption of this Resolution, confers vested rights under the City's ordinances or state law to proceed with the project notwithstanding the enactment of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. D. . Any project for which the City Council determines that application of this Resolution would result in the property owner being deprived of all reasonable economic use of the property in violation of federal or state constitutional prohibitions against the taking of property without just compensation. SECTION V. PROCEDURES The City shall ensure compliance with Conservation Area requirements and measures as set forth in Section 4 of the MSHCP. B. The City shall 'impose, as a condition to the City's approval of a Discretionary Project and certain ministerial Projects, such conditions as are necessary to ensure surveys are prepared for the project as required by Sections 4.3 and 4.4 of the MSHCP. RVPUB \FAVI LA\738332.1 RESOLUTION NO. 07-70 C. The City shall impose as a condition to the City's approval of a project such conditions as necessary to ensure the project complies with and implements the applicable Land Use Adjacency Guidelines set forth in Section 4.5 of the MSHCP. D. The City shall ensure that public and private projects comply with the Avoidance, Minimization and Mitigation Measures set forth in Section 4.4 of the MSHCP. E. The City shall transmit any collected Local Development Mitigation Fees, other appropriate fees and associated interest as described in Section 5.2.1.1 of the MSHCP to the CVCC at least quarterly. F. The City shall contribute appropriate mitigation for City public projects as set forth in the MSHCP. G. The City shall participate as a member agency in the CVCC as set forth in Section 6.1.1 of the MSHCP. H. The City shall participate as a member of the RMOC as set forth in Section 6.1.3 of the MSHCP, as appropriate. I. The City shall participate in the Joint Review Process as set forth in Section 6.6.1.1 of the MSHCP for projects in the Conservation Areas. J. The City shall manage MSHCP Reserve System lands and conservation easements owned or leased by the City pursuant to Sections 8 and 9 of the MSHCP. K. The City shall maintain a record of total acres developed and their location within City jurisdiction and transmit such information monthly to the CVCC. L. The City shall transmit any changes in City boundaries or general plan land use designations to the CVCC at the end of each calendar year. M. Pursuant to the MSHCP, the City may transfer any property interest acquired or obtained in fee title or as a conservation easement to the CVCC for management. The City may also grant a conservation easement to the California Department of Fish and Game for any property interest obtained pursuant to Section V of this Resolution. N. Carry out all other applicable requirements of the MSHCP. SECTION VI. DEFINITIONS For purposes of this Resolution, the following terms shall have the meaning set forth herein: RVPLB\FA VILA\735332'.1 RESOLUTION NO. 07-70 A. "Area Plan" means a community planning area defined in the County of Riverside General Plan. Four County of Riverside Area Plans are located within the MSHCP Plan Area. B. "Conservation Areas" means a system of lands described in Section 4.3 of the MSHCP that provide Core Habitat and Other Conserved Habitat for the Covered Species, conserve natural communities, conserve Essential Ecological Processes, and secure Biological Corridors and Linkages between major habitat areas. There are 21 Conservation Areas from which the MSHCP Reserve System will be assembled. C. "MSHCP" means the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan. D. "Map of MSHCP" means the map of the area encompassed by the MSHCP as set forth in the attached Exhibit "1." E. "Discretionary Project" means a proposed project requiring discretionary action by a Permittee, as that term is used in 'CEQA and defined in State CEQA Guidelines section 15357. SECTION VII. EFFECTIVE DATE The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereupon and thereafter this Resolution shall take effect and be in force according to law. PASSED, APPROVED, AND ADOPTED, thi lth ,day of Octoev ,, 2007. vG and S. Kelly, Mayor City of Palm Desert ATTEST: seen, ty Clerk City of Palm Desert APPROVED AS T) FORM: R V P UB\FA V I L A\73 83 3 2.1 RESOLUTION NO. 07-70 1, Rachelle Klassen, City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 07-70 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the llth day of October , 2007, and that the foregoing is full, true and correct copy of said Resolution. 1 e D. Klassen, ity Clerk R VPUB\FA VI LA\73 83 3 2.1 RESOLUTION NO,. 07-70 0 o' 0 0 Q rn .67 crE. cci O. 0 CO 0 Q 0 0 2 n 13 co 0 C o Q 0 Q. 70. ^^W •I co a) 6 o ar � a C illy. • 13) eat 3 z U 0co ct) 0 0 L d unuo3 Iean}eN