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Home My WebLink About22953 RESOLUTION NO. 22953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ADOPTING A REVISED LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT WITHIN THE CITY OF PALM SPRINGS, CALIFORNIA UNDER THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. WHEREAS, the City Council of the City of Palm Springs, California ("City") finds that the ecosystems of the City, the Coachella Valley and the 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; and WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; and WHEREAS, special protections for these vegetation communities and natural areas must be established, maintained and perpetually preserved to prevent future endangerment of the plant and animal species that are dependent upon them; and WHEREAS, adoption and implementation of Ordinance 1734 (the "Ordinance') and this Resolution will help to enable the City to achieve the habitat conservation goals set forth in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP"), adopted by the City Council on October 1, 2008, to implement the associated Implementing Agreement executed by the City Council on October 3, 2007, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of applicable laws, which could include the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA") and the California Natural Community Conservation Planning Act ("NCCP Act"); and WHEREAS, the purpose and intent of the Ordinance and this Resolution is to amend the previously established Local Development Mitigation Fee to establish a new portion of the fee dedicated to the conservation of those properties in perpetuity in order to protect the biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City, the Coachella Valley and the surrounding mountains located in central Riverside County which are known to support threatened, endangered or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent Resolution No. 22953 Page 2 open space, community edges and habitat conservation for species covered by the MSHCP; and WHEREAS, as a Member Agency of Coachella Valley Conservation Commission ("CVCC"), the City participated in the preparation of a new "Local Development Mitigation Fee Nexus Report", dated May 16, 2011 ("Nexus Report") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act; and WHEREAS, the City has reviewed the new Nexus Report, and hereby finds that future development within the City will substantially adversely affect the natural ecosystems and covered species within the City, as identified in the MSHCP, and that unless such development contributes to the cost of acquiring land and preserving these natural ecosystems and covered species, the conservation goals of the MSHCP will not be met; and WHEREAS, the City finds that the Nexus Report proposes a fair and equitable method for distributing a portion of the cost of implementing the MSHCP and mitigates the impact, including the costs of preservation, caused by new development; and WHEREAS, pursuant to the Mitigation Fee Act, the City Council adopts the Nexus Report, a copy of which is on file in the City Clerk's office, and the findings contained therein which provide additional support for the fees adopted by this Resolution; and WHEREAS, in addition to the foregoing, the City Council hereby adopts in their entirety the findings contained in Section 2 of the Ordinance and any fees adopted by this Resolution shall be based on these findings; and WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees. NOW, THEREFORE, the City Council of the City of Palm Springs does hereby resolve as follows: SECTION 1. REPEALED. Resolution No. 22124 is hereby repealed on the effective date hereof and all prior Resolutions adopting the Local Development Mitigation Fee are hereby repealed to the extent that they are inconsistent with the provisions of this Resolution. Resolution No.22953 Page 3 SECTION 2. FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Resolution. The findings contained in both the Nexus Report and Section 2 of the Ordinance are also adopted herein as findings in support of this Resolution. SECTION 3. DEFINITIONS. The terms of this Resolution shall have the same meaning ascribed to them in the Palm Springs Municipal Code. SECTION 4. FEE SCHEDULE. (a) There is hereby adopted the following fee schedule for the Local Development Mitigation Fee: (1) Residential, density less than 8.0 dwelling units per acre - $1,254 per dwelling unit. (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $521 per dwelling unit. (3) Residential, density greater than 14.1 dwelling units per acre - $230 per dwelling unit. (4) Commercial - $5600 per acre. (5) Industrial - $5600 per acre. (b) Should an amendment to the MSCHP be approved and implemented, that provides for the City of Desert Hot Springs as a permittee; on the effective date of such amendment, the Local Development Mitigation Fee in Section 4(a) of this resolution shall automatically be adjusted as follows: (1) Residential, density less than 8.0 dwelling units per acre - $1,154 per dwelling unit. (2) Residential, density between 8.1 and 14.0 dwelling units per acre - $479 per dwelling unit. (3) Residential, density greater than 14.1 dwelling units per acre - $211 per dwelling unit. (4) Commercial - $5150 per acre. Resolution No.22953 Page 4 (5) Industrial - $5150 per acre. SECTION 5. CEQA FINDINGS. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Public Resources Code section 21166. SECTION 6. SEVERABILITY. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted under the prior Local Development Mitigation Fee Nexus Study on January 15, 2007 and the corresponding Ordinance No. 1734, and Resolution No. 22124 shall each be revived and shall continue for the life of the MSHCP. SECTION 7. EFFECTIVE DATE. September 1, 2011, however, in no event shall this Resolution take effect prior to sixty (60) days after the date of its adoption. PASSED APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15TH DAY OF JUNE, 2011. ATTEST: D HCFWD MANAGER M Q M z MES THOMPSON, CITY CLERK Resolution No. 22953 Page 4 (5) Industrial - $5150 per acre. SECTION 5. CEQA FINDINGS. The City Council hereby finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Public Resources Code section 21166. SECTION 6. SEVERABILITY. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted under the prior Local Development Mitigation Fee Nexus Study on January 15, 2007 and the corresponding Ordinance No. 1734, and Resolution No. 22124 shall each be revived and shall continue for the life of the MSHCP. SECTION 7. EFFECTIVE DATE. September 1, 2011, however, in no event shall this Resolution take effect prior to sixty (60) days after the date of its adoption. PASSED APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15T" DAY OF JUNE, 2011. '77- ATTEST: DAVID H. READ MANAGER MES THOMPSON, CITY CLERK Resolution No. 22953 Page 5 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. 22953 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 15th day of June 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. MES THOMPSON, CITY CLERK City of Palm Springs, California0bf28'LD I