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Home My WebLink AboutCC RES 2014-101RESOLUTION NO. 2014- 101 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 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 for 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 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 RESOLUTION NO.2014- 1 o i WHEREAS, the City has previously reviewed the new Nexus Report, and found 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 Coachella Valley Conservation Commission (the "CVCC") is currently processing a Major Amendment to the MSHCP which will, among other things, bring the City of Desert Hot Springs into the MSHCP; and WHEREAS, pursuant to the Nexus Study once the City of Desert Hot Springs is added to the MSHCP the Fee should be reduced by eight percent; and WHEREAS, the purpose of this Resolution is to implement the reduced Fee as described in the Nexus Study once the Major Amendment is adopted; 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 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Repealed. Resolution 2011-73 is hereby repealed on the Effective Date as defined herein 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 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 the Ordinance. Section 4. Fee Schedule. There is hereby adopted the following fee schedule RESOLUTION NO.2014- 101 for the Local Development Mitigation Fee: (1) Residential, density less than 8.0 dwelling units per acre - $1,189 per dwelling unit (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $495 per dwelling unit (3) Residential, density greater than 14.1 dwelling units per acre - $219 per dwelling unit (4) Commercial - $5,308 per acre (5) Industrial - $5,308 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 shai: affact 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 Resolution 2011-73 shall be revived and shall continue for the life of the MSHCP, unless earlier amended. Section 7. Annual Increase. In the event that this Effective Date of this Resolution is after June 30, 2015, the Fees set forth in Section 4, above, shall be adjusted by the percentage of the automatic annual fee adjustment authorized under Section 10 of the Ordinance. Section 8. Effective Date. This Resolution shall take effect 10 days after final action on the Major Amendment of the MSHCP by both the United States Fish and Wildlife Service and the California Department of Fish and Wildlife. RESOLUTION NO.2014- 101 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of December, 2014, by the following vote, to wit: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE —J�o.z SUSAN MARIE WEBER, MAYOR ATTEST: RA ELLE D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA