CC Resolution 2006-127
RESOLUTION NO. 2006-127
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
lA QUINTA, CALIFORNIA INCREASING THE
FRINGE-TOED LIZARD MITIGATION FEE FOR
DEVELOPMENT WITHIN HISTORICAL HABIT AT AS
IDENTIFIED IN THE COACHEllA VAllEY FRINGE-TOED
LIZARD HABITAT CONSERVATION PLAN
WHEREAS, the Cities of the Coachella Valley, County of Riverside,
.Coachella Valley Association of Governments, California Department of Fish and
Game, U.S. Fish and Wildlife Service and The Nature Conservancy cooperated in
the preparation of the Coachella Valley Fringe-Toed Lizard ("CVFTl") Habitat
Conservation Plan ("HCP"), which was. implemented through agreements and other
documents signed by the parties (collectively the "HCP Agreement");
WHEREAS, all new development projects within certain designated
historical habitat areas of the CVFTl as identified in the HCP Agreement
("designated mitigation fee area") will have direct and cumulative impacts on the
CVFTL, its potential habitat or the ecological processes necessary to sustain that
habitat such that mitigation is necessary in order to preserve the species;
WHEREAS, all new development within the designated mitigation fee
area will directly or indirectly benefit by funding a comprehensive approach to
habitat mitigation;
WHEREAS, the HCP Agreement has identified, as a priority, critical
sand source area thl'lt must be purchased for conservation in order to adequately
protect the CVFTL and its habitat;
WHEREAS, each newly developed acre within the designated
mitigation fee area has approximately the same proportionate impact on the loss of
habitat so that each proposed acre to be disturbed is proportionate to the total cost
of acquiring the priority sand source areas identified in the HCP Agreement;
WHEREAS, the HCP Agreement provides for the acquisition and
protection of designated priority sand source areas and provides that acquisition be
funded primarily through a mitigation fee last established at $600 per disturbed
acre, to be collected from land owners who obtain grading or building permits from
the Cities or County for projects within the designated mitigation fee area;
Resolution No. 2006~127
Fringe.Toed Uzard Mitigation Fee Increase
Adopted: December 5. 2006
Page 2
WHEREAS, substantial evidence exists that the current $600/acre fee
is insufficient to acquire all priority sand source areas previously identified as
necessary to insure viable preserves .capable of perpetuating the species;
WHEREAS, an increase in .the fee is needed to insure acquisition of the
priority sand source area needed to adequately conserve the CVFTL;
WHEREAS, an updated Nexus Study has now been completed, a copy
of which has been available for public review for more than ten (10) days, and the
City published a public hearing notice on November 22, 2006; and
WHEREAS, the Nexus Study has considered the remaining acreage of
priority sand source areas to be purchased for conservation, the projected cost of
acquisition, and the anticipated amount of acreage within the designated mitigation
fee area to be developed, which data demonstrates that the mitigation fee must be
increased to $2,371 per disturbed acre in order to meet the above-referenced goals
of the HCP;
WHEREAS, the formula for determining the increase in the mitigation
fee is calculated on a per acre basis relative to each proposed project as its size is
measured in acres such that there is a reasonable relationship between the
increased fee to be charged for each proposed project and the corresponding
impact of that project on the proportionate cost of conservation of priority sand
source area necessary for habitat protection;
WHEREAS, notice of the public hearing on the adoption of this
Resolution has been given as required by law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California that the Fringe-Toed Lizard mitigation fee imposed through
the HCP Agreement shall be raised to $2,371/acre effective February""1, 2007.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council, held this 5th day of December, 2006, by the following vote, to wh:
Resolution No. 2006-127
Fringe-Toed Lizard Mitigation Fee Increase
Adopted: December 5. 2006
pege 3
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
,
~D~Y~
City of La Quinta, California
ATTE?
~~
VERONICA J. N E I ,CMC, City Clerk
City of La Qu nta, California
(CITY SEAL)
APPROVED AS TO FORM: