CC Resolution 2006-053RESOLUTION NO. 2006-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA TO ESTABLISH PROCEDURES
AND REQUIREMENTS FOR IMPLEMENTATION OF THE
COACHELLA VALLEY MULTIPLE -SPECIES HABITAT
CONSERVATION PLAN
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA 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
("MSHCP"), to implement the associated Implementing Agreement executed
by the City Council on May 16, 2006, 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 Act ("CESA"), the
California Natural Community Conservation Planning Act ("NCCP Act"), and
other applicable laws.
R, 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
Resolution No. 2006-053
CVMSHCP Implementation Procedures
Adopted: May 16, 2006
Page 2
Coachella Valley and the surrounding mountains located in central Riverside
County which support species covered under the MSHCP; 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 MSHCP.
SECTION III. APPLICATION OF REGULATIONS: Except as provided in Section IV,
this Resolution shall apply to all land within the City shown on the MSHCP Plan
Area Map, 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 MSHCP
shall be approved by the City unless the project is consistent with the MSHCP and
this Resolution. No City -initiated public project shall be undertaken, unless the
project is consistent with the MSHCP 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 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.
Resolution No. 2006-053
CVMSHCP Implementation Procedures
Adopted: May 16, 2006
Page 3
SECTION V. PROCEDURES
A. The City shall ensure compliance with Conservation Area requirements and
measures as set forth in Section 4 of the MSHCP.
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 biological surveys are prepared for the project as required by Sections
4.3 and 4.4 of the MSHCP.
C. 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 MSHCP.
D. The City, at its discretion, may 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 MSHCP. This element of discretion has been discussed
with CVAG, USFWS, CDFG during meetings with the City.
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 MSHCP to the CVCC at least quarterly.
F. The City shall contribute appropriate mitigation for City public projects as set
forth in Sections 13.2, Item C. This Section requires the City toprovide
replacement habitat or pay the required per acre MSHCP mitigation fee prior
to impacts to Cvered Species and these Habitats in the the MSHCP.
G. The City shall participate as a member agency in the CVCC as set forth in
Section 6.1 .1 of the MSHCP.
H. The City shall participate as a member of the BMOC as set forth in Section
6.1 .3 of the MSHCP, as appropriate.
I The City shall participate in the Joint Review Process as set forth in Section
6.6.1 .1 of the MSHCP for projects located in Conservation Areas.
Resolution No. 2006-053
CVMSHCP Implementation Procedures
Adopted: May 16, 2006
Page 4
J. The City shall manage MSHCP Reserve System lands and conservation
easements owned or leased by the City pursuant to Section 8 and 9 of the
MSHCP providing funding is provided by the CVCC. The MSHCP states that
the CVCC will manage lands, including all costs, within the MSHCP Reserve
System pursuant to Section 5.1 .4 and 5.1 .6 of the MSHCP
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 MSHCP, 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 MSHCP.
SECTIONS 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 MSHCP Plan Area.
B. "Conservation Areas" means a system of lands described in Section 4.3 of
the MSHCP 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
MSHCP Reserve System will be assembled.
C. "MSHCP" means the Coachella Valley Multiple Species Habitat Conservation
Plan/Natural Community Conservation Plan.
D. "Map of MSHCP" means the map of the area encompassed by the MSHCP
as set forth in the attached Exhibit " 1 . "
Resolution No. 2006-053
CVMSHCP Implementation Procedures
Adopted: May 16, 2006
Page 5
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 1 6th day of May, 2006, by the following vote to
wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, M64or
City of La Quinta, California
ATTEST:
-,L JUNE S. G ELK, MUI%-1, %-.11Ly
City of La Quinta, California
(CITY SEAL)
Resolution No. 2006-053
CVMSHCP Implementation Procedures
Adopted: May 16, 2006
Page 6
APPROVED AS TO FORM:
M. KA HERINE SON, City Attorney
City of La Quinta, California
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