Loading...
HomeMy WebLinkAboutCC RES 2011-73RESOLUTION NO. 2011-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, 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, maintained and perpetually preserved to prevent future endangerment of the plant and animal species that are dependent upon them; and WHEREAS, adoption and implementation of Ordinance No.1226 (the "Ordinance") and this Resolution will help to enable the City to achieve the habitat conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP"), adopted by the City Council on January 24, 2008, to implement the associated Implementing Agreement executed by the City Council on January 24, 2008, 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 amend the previously established Local Development Mitigation Fee to establish a new portion of the fee dedicated to the conservation of those properties in perpetuity in order to protect the 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. 2011-73 WHEREAS, as a Member Agency of Coachella Valley Conservation Commission ("CVCC"), the City participated in the preparation of a new "Local Development Mitigation Fee Nexus Report", dated May 16, 2011 ("Nexus Report") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act; and WHEREAS, the City has reviewed the new 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 and preserving 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, including the costs of preservation, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Repealed. Resolution 2008-08 is hereby repealed on the effective date hereof and all prior Resolutions adopting the Local Development Mitigation Fee are hereby repealed to the extent that they are inconsistent with the provisions of this Resolution. Section 2. Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. The findings contained in both the Nexus Report G:\Planning\Tony Bagato\Statt Reports\CVAG\MSHCP FEE\Resolution Multiple Species Plan Fee.doc 2 RESOLUTION NO. 2011-73 and Section 2 of the Ordinance are also adopted herein as findings in support of this Resolution. Section 3. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 4 of Ordinance No. 1226 Section 4. 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 - $1,254 per dwelling unit (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $521 per dwelling unit (3) Residential, density greater than 14.1 dwelling units per acre - $230 per dwelling unit (4) Commercial - $5,600 per acre (5) Industrial - $5,600 per acre Section 5. 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 6. 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. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted under the prior Local Development Mitigation Fee Nexus Study G:\Planning\Tony Bagato\Staff Reports\CVAG\MSHCP FEE\Resolution Multiple Species Plan Fee May 18 2011.doc 3 RESOLUTION NO.2o11-73 on January 15, 2007 and the corresponding Ordinance No. 1151, and Resolution 2008- 08 shall each be revived and shall continue for the life of the MSHCP. Section 7. Effective Date. September 25, 2011, 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 14th day of July , 2011, by the following vote, to wit AYES: FINERTY, HARNIK, KROONEN, and SPIEGEL NOES: NONE ABSENT: BENSON ABSTAIN: NONE fOBERT A. SPIEGEL,/MA1 PRO-TEMPORE ATTEST: CHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California G.\Planning\Tony Bagato\Staff Reports\CVAG MSHCP FEE\Resolution Multiple Species Plan Fee.doc 4