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CC Resolution 1985-013+ RESOLUTION NO. 85-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA PROVIDING FOR MITIGATION OF LOCAL SCHOOL IMPACTION WHEREAS, the Coachella Valley 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 population- tion, and that most of this increase results from construction- tion of new residential housing units within the Coachella Valley 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 services 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 BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02 + WHEREAS, by law all new residential subdivisions as 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 Coachella Valley 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 request from the District on November 29, 1984 regarding the District's need for mitigation and has informally in- dicated its approval of the concept of such mitigation 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 2- BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02 +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 Coachella Valley 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 Plan, 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 3- BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02 +growth with proper mitigation of educational and other impacts can be beneficial to this City1s existing economy and residents. 3. Therefore, this City Council hereby establishes the following policy for the City Planning Commission 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 Coachella Valley 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 and the District which exceeds the number of residential units on said lot or parcel on February 19, 1985, unless or until the applicant for such building permit in addition to payment of any fees or charges otherwise required to be paid to the City of La Quinta) provides 4- BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02 +evidence of payment to the Coachella Valley Unified S?School District, in an amount not t? exceed $628.00 per dwelling unit, to mitigate school impaction caused by such develop- ment 4. Nothing herein shall be construed as a dele- gation of the Council's power and responsibility to deter- nine 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 residential- 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 Coachella Valley Unified School District 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, 5- BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02 +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 February 20, 1985. ADOPTED this 19th day of FeThr??r? 1985. May City 0 uinta ATTEST: City Clerk, City of La Quinta APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY MANAGER 6- BIB] 05-21-1996-U01 09:32:06AM-U01 CCRES-U02 85-U02 13-U02