CC Resolution 2014-022RESOLUTION NO. 2014 - 022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA TO ESTABLISH PROCEDURES AND
REQUIREMENTS FOR IMPLEMENTATION OF THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN /
NATURAL COMMUNITY CONSERVATION PLAN, AS
REVISED BY THE MAJOR AMENDMENT
THE CITY COUNCIL OF THE CITY OF LA QUINTA 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 La Quinta
("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 ("CVMSHCP"), to
implement the associated Implementing Agreement executed by the
City Council on June 3, 2014, 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
Resolution No. 2014-022
CVMSHCP Implementation Agreement
Adopted: June 3, 2014
Page 2
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 support species
covered under the CVMSHCP; 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 CVMSHCP. The further
purpose of this Resolution is to reaffirm the previous Implementing
Resolution adopted by the Plan Permittees and to bring it forward to
reflect the Major Amendment to the Plan approved by Coachella Valley
Conservation Commission in March 2014.
SECTION III. APPLICATION OF REGULATIONS
Except as provided in Section IV, this Resolution shall apply to all land within
the City shown on the CVMSHCP Plan Area Map (which has been revised from the
original CVMSHCP Plan Area Map to reflect the Major Amendment), 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 CVMSHCP shall be
approved by the City, and no City -initiated public project shall be undertaken,
unless the project is consistent with the CVMSHCP 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
Resolution No. 2014-022
CVMSHCP Implementation Agreement
Adopted: June 3, 2014
Page 3
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
A. The City shall ensure compliance with Conservation Area requirements
and measures as set forth in Section 4 of the CVMSHCP.
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 CVMSHCP.
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 CVMSHCP.
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 CVMSHCP.
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 CVMSHCP to the CVCC at least quarterly.
F. The City shall contribute appropriate mitigation for City public projects
as set forth in the CVMSHCP.
G. The City shall participate as a member agency in the CVCC as set
forth in Section 6.1.1 of the CVMSHCP.
H. The City shall participate as a member of the BMOC as set forth in
Section 6.1.3 of the CVMSHCP, as appropriate.
Resolution No. 2014-022
CVMSHCP Implementation Agreement
Adopted: June 3, 2014
Page 4
The City shall participate in the Joint Review Process as set forth in
Section 6.6.1.1 of the CVMSHCP for projects in the Conservation
Areas.
J. The City shall manage CVMSHCP Reserve System lands and
conservation easements owned or leased by the City pursuant to
Sections 8 and 9 of the CVMSHCP.
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 CVMSHCP, 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 CVMSHCP.
SECTION VI. DEFINITIONS
For purposes of this Resolution, the following terms shall have the meaning
set forth herein:
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 CVMSHCP Plan Area.
B. "Conservation Areas" means a system of lands described in Section
4.3 of the CVMSHCP 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 CVMSHCP Reserve System will be
assembled.
C. "CVMSHCP" means the Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan, as amended
by the Major Amendment.
Resolution No. 2014-022
CVMSHCP Implementation Agreement
Adopted: June 3, 2014
Page 5
D. "Map of CVMSHCP" means the map of the area encompassed by the
CVMSHCP 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 at a regular meeting of the La Quinta
City Council, held on this 3'd, day of June, 2014, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
n, �L -
DON ADO LPH, M or
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, CiN Clerk
City of La Quinta, California
(CITY SEAL)
Resolution No. 2014-022
CVMSHCP Implementation Agreement
Adopted: June 3, 2014
Page 6
APPROVED AS TO FORM:
Y
t elyl-N -
M. KATHERINE JENSON,&fty Attorney
City of La Quints, California
I, Susan Maysels, City Clerk of the City of La Quinta do hereby certify that the
foregoing Resolution No. 2014-022 was duly and regularly adopted by the City
Council at a regular meeting thereof, held on June 3, 2014, and that the foregoing
is full, true and correct copy of said Resolution.
G
SUSAN MAYSELgj City Clerk
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