HomeMy WebLinkAbout21774 - RESOLUTIONS - 12/6/2006 RESOLUTION NO. 21774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, INCREASING THE
FRINGE-TOED LIZARD MITIGATION FEE FOR
DEVELOPMENT WITHIN HISTORICAL HABITAT 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"); and
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; and
WHEREAS, all new development within the designated mitigation fee area will directly
or indirectly benefit by funding a comprehensive approach to habitat mitigation; and
WHEREAS, the HCP Agreement has identified, as a priority, critical sand source area
that must be purchased for conservation in order to adequately protect the CVFTL and
its habitat; and
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; and
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; and
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
1 preserves capable of perpetuating the species; and
Resolution No. 21774
Page 2
WHEREAS, an increase in the fee is needed to insure acquisition of the priority sand ,
source area needed to adequately conserve the CVFTL; and
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
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 Two
Thousand Three Hundred Seventy-One Dollars ($2,371) per disturbed acre in order
meet the above-referenced goals of the HCP; and
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; and
WHEREAS a duly notice public hearing on the proposed fee increase was held before
the City Council on December 6, 2006 as required by law.
NOW, THEREFORE, be it resolved by the City Council of the City of Palm Springs that ,
the fringe-toed lizard mitigation fee imposed through the HCP Agreement shall be
increased to Two Thousand Three Hundred Seventy-One Dollars ($2,371)
disturbed/acre effective February 1, 2007.
ADOPTED THIS 6th day of December, 2006.
David H. Rea y, CI onager
ATTEST:
a es Thompson, City Cler<
Resolution No. 21774
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Ss-
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21774 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 6th day of December,
2006, by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tem Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
,t�jes Thompson, City Clerk
ity of Palm Springs, California