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HomeMy WebLinkAboutCC RES 08-008RESOLUTION NO. 08-8 A RESOLUTION OF THE CITY OF PALM DESERT ADOPTING THE LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF PALM DESERT WHEREAS, the City Council of the City of Palm Desert ("City") finds that the ecosystems of the City, 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; and WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; and WHEREAS, 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; and WHEREAS, adoption and implementation of Ordinance _1151 (the "Ordinance") and this Resolution will help to enable the City to achieve the conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP"), adopted by the City Council on October 11, 2007, 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 applicable laws, which could include the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA") and the California Natural Community Conservation Planning Act ("NCCP Act"); and WHEREAS, the purpose and intent of the Ordinance and this Resolution is to establish a Local Development Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City, Coachella Valley and surrounding mountains located in central Riverside County which are known to support threatened, endangered or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of 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; and RESOLUTION NO. 08-8 WHEREAS, as a Member Agency of Coachella Valley Association of Governments ("CVAG"), the City participated in the preparation of a certain "Local Development Mitigation Fee Nexus Report", dated January 15, 2007 ("Nexus Report") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act; and WHEREAS, the City has reviewed the Nexus Report, and hereby finds that future development within the City will substantially adversely affect the natural ecosystems and covered species within the City, as identified in the MSHCP, and that unless such development contributes to the cost of acquiring land to preserve these natural ecosystems and covered species, the conservation goals of the MSHCP will not be met; and WHEREAS, the City finds that the Nexus Report proposes a fair and equitable method for distributing a portion of the cost of implementing the MSHCP and mitigate the impact caused by new development; and WHEREAS, pursuant to the Mitigation Fee Act, the City Council adopts the Nexus Report, a copy of which is on file in the City Clerk's office, and the findings contained therein which provide additional support for the fees adopted by this Resolution; and WHEREAS, in addition to the foregoing, the City Council hereby adopts in their entirety the findings contained in Section 2 of the Ordinance and any fees adopted by this Resolution shall be based on these findings; and WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees. Page 2 of 4 RESOLUTION NO. 08-8 NOW, THEREFORE, the City Council of the City of Palm Desert does hereby resolve as follows: Section 1. Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. The findings contained in both the Nexus Report and Section 2 of the Ordinance are also adopted herein as findings in support of this Resolution. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 4 of Ordinance No. 1151 . Section 3. Fee Schedule. There is hereby adopted the following fee schedule for the Local Development Mitigation Fee: (1) Residential, density less than 8.0 dwelling units per acre - $1,284 per dwelling unit (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $533 per dwelling unit (3) Residential, density greater than 14.1 dwelling units per acre - $235 per dwelling unit (4) Commercial - $5,730 per acre (5) Industrial - $5,730 per acre Section 3. CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Public Resources Code section 21166. Section 4. Severability. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. Page 3 of 4 RESOLUTION NO. 08-8 Section 5. Effective Date. This Resolution shall take effect immediately upon issuance of the appropriate permits authorizing take in connection with the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game, including, without limitation, the incidental take permits for covered species pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act and section 2800 of the California Fish and Game Code. However, in no event shall this Resolution take effect prior to sixty (60) days after the date of its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of January, 2008, by the following vote, to wit: AYES: FINERTY, SPIEGEL, and BENSON NOES: NONE ABSENT: FERGUSON and KELLY ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN,CITY CLERK City of Palm Desert, California /dc_ J M. BENSON, MAY Ci of Palm Desert Page 4 of 4