CC Resolution 2008-006
RESOLUTION NO. 2008-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA ADOPTINIG THE LOCAL
DEVELOPMENT MITIGATION FEE SCHEDULE
APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY
OF LA QUINTA
CVMSHCP - DEVELOPMENT MITIGATION FEE SCHEDULE
WHEREAS, the City Council of the City of City of La Quinta ("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 No. 453 (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 16, 2007, to implement the associated Implementing
Agreement executed by the City Council on October 16, 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 natur!ll 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
Resolution No. 200S-006
CVMSHCP - Development Mitigation Fee Schedule
Adopted: February 5, 2008
Page 2
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 Association of
Governments ("CV AG"), 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 and 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 Co~e 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
Resolution No. 2008-006
CVMSHCP _. Development Mitigation Fee Schedule
Adopted: February 5. 2008
Page 3
noticed, regularly scheduled public hearing at which oral and written testimony was
received regarding the proposed fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA QUINTA 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 Ordinance No.453 are also adopted herein as findings in
support of this Resolution.
SECTION 2. DEFINITIONS. The terms of this Flesolution shall have the same
meaning ascribed to them in Section 4 of Ordinance No. 453.
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 sevel'able. 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
Resolution No. 2008-006
CVMSHCP - Development Mitigation Fee Schedule
Adopted: February 5, 2008
Page 4
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.
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 1 O(a) (1 )(8) 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 La
Quinta City Council held on this 5th day of February, 2008, by the following vote:
AYES:
Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES:
None
ABSENT:
None
ABSTAIN: None
fkv~
DON ADOLPH, Mayor
City of La Quinta, California
Resolution No. 2008-006
CVMSHCP - Development Mitigation Fee Schedule
Adopted: February 5. 2008
Page 5
ATTEST:
//
VERONICA J. ONTECINO, CMC, City Clerk
inta, California
(SEAL)
APPROVED AS TO FORM: