CC Resolution 1984-014( RESOLUTION NO. 84-14
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA PROVIDING FOR
MITIGATION OF LOCAL SCHOOL IMPACTION
WHEREAS, the Desert Sands Unified School District
provides valuable educational services to the residents
of La Quinta; and
WHEREAS, the Board of Trustees of that District
has taken the public position and has informed this City
Council that its school facilities and educational services
are being seriously impacted by increasing student popula-
tion, and that most of this increase results from construc-
tion of new residential housing units within the Desert
Sands Unified School District; and
WHEREAS, this City Council has been informed
by the District that as the public agency bearing official
responsibility for providing educational service? within
this City, the District's ability to meet the public's
educational needs is now impaired and without additional
financial assistance will deteriorate further, which condi-
tion of inadequacy is called herein impaction"; and
WHEREAS, by law all residential subdivisions
must be consistent with the City's General Plan, which
General Plan has as one of its primary objectives the pro-
vision of adequate school facilities; and
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( WHEREAS? by law all new residential subdivision?
as projects" must have their identified adverse environ-
mental impacts either mitigated or avoided to the satis-
faction of this City Council, or this City Council must
in turn find that specific economic, social or other con-
siderations make such mitigation infeasible; and
WHEREAS, such specific economic, social or other
considerations do not generally override the adverse effects
on the impacted schools of the Desert Sands Unified School
District; and
WHEREAS, by law this City is empowered under
its police power" to provide for the health and general
welfare of its citizens, but it does not now appear that
either of these goals can be adequately met if increased
impaction of public educational facilities and services
is allowed to continue without adequate mitigation; and
WHEREAS, this City Council has received a pre-
sentation from the District on January 16, 1984 regarding
the District's need for mitigation and has informally in-
dicated its approval of the concept of such rnitigation
as enacted by other cities in this area and as embodied
in this Resolution; and
WHEREAS, the area encompassed by the City of
La Quinta has over the past several years increased in
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(population at a rate greater than the average for the State
of California; and
WHEREAS, this increase in population has created
a greater need for new public school facilities, which
need exceeds the District?s ability to provide such faci-
lities; and
WHEREAS, present residential developer interest
in City undeveloped real property indicates that the City
will continue to increase its population at a substantial
rate;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of La Quinta as follows:
1. This Council finds that, in the absence of
substantial assistance from developers of new residential
subdivisions within La Quinta, the De?ert Sands Unified
School District will not have sufficient financial and
other resources to provide adequate educational facilities
and services to this City's residents, and that therefore,
without such mitigating assistance, such new residential
subdivisions would be inconsistent with the City's General
lan, would not comply with the California Environmental
Quality Act, and would be inimical to the health and general
welfare of City residents.
2. This Council also finds that new residential
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(growth with proper mitigation of educational and other
impacts can be beneficial to this City?s existing economy
and residents.
3. Therefore, this City Council hereby establishes
the following policy for the City Planning Corrtrnission and
the City Staff:
A. No tentative tract map, parcel map, con-
ditional use permit, planned unit development or other
project requiring environmental review which provides for
new residential dwelling units shall be approved in the
City unless and until its developers and the Desert Sands
Unified School District have agreed in writing to a means
by which the impaction caused by the construction and
occupation of such project will be adequately mitigated,
and that any such subdivision or other permit for develop-
ment approved by the Planning Commission be so conditioned
to require such mitigation.
B. No building permit shall be issued for
new development of any residential unit upon a lot or par-
cel of property within this City which exceeds the number
of residential units on said lot or parcel on January 16,
1984, unless or until the applicant for such building per-
mit in addition to payment of any fees or charges other-
wise required to be paid to the City of La Quinta) provides
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(evidence of payment to the Desert Sands Unified School
District of the amount determined by that District as
necessary to mitigate school impaction caused by such
development.
4. Nothing herein shall be construed as a dele-
gation of the Council's power and responsibility to deter-
mine the issue of mitigation of adverse environmental effects.
The Council specifically reserves all rights provided to
it by law, including the right to determine from time to
time, by resolution, the maximum dollar amount per residen-
tial unit which may be required to be paid as mitigation
hereunder, and the right to determine any class of residen-
tial units to be exempted from the requirement of such
mitigation because of special factual circumstances.
5. The City Council reserves the right to sus-
pend the operation of this Resolution during any period
in which the Desert Sands Unified School Dist?ict fails;
to a) establish and maintain a separate accounting fund
in which all payments received as mitigation of school
impaction shall be held inviolate until properly expended;
b) expend such funds only for the construction of school
capital facilities; and c) account periodically at least
once every year) for all sums received for school impact
mitigation, all sums expended from such mitigation fund,
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(and all amounts remaining in said fund.
6. The policy established by this Resolution
shall apply to all residential development for which build-
ing permits are issued on or after March 6, 1984.
ADOPTED this 6th day of March 1984.
Mayor, City bf La Quinta
ATTEST
City Cler
La Quinta
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