HomeMy WebLinkAbout2000-07-11; City Council; Resolution 2000-2231
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION N0.2oco-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A HABITAT IN-LIEU
MITIGATION FEE.
CASE NAME: HABITAT IN-LIEU MITIGATION FEE
WHEREAS, the City Council of the City of Carlsbad has approved the Habitat
Management Plan (HMP) and submitted the plan to the California Department of Fish and
Game and the U.S. Fish and Wildlife Service for their approval; and
WHEREAS, the HMP proposes a fee program in order to generate funding for
conservation of certain parcels totaling approximately 300 acres which lie in the unincorporated
area to the southeast of Carlsbad and which are essential to the biological viability of the HMP;
and
WHEREAS, the City has caused a study to be prepared analyzing the need for
the fee, the uses of the funds to be derived from the fee, and the relationship between the fee
and the impacts which will be mitigated by the fee; and
WHEREAS, the City Council has considered all pertinent facts and information
regarding the fee that have been brought to its attention by persons or organizations having an
interest in the matter.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council finds:
a. The fee is necessary and appropriate in order to implement the Habitat
Management Plan and to ensure that the plan will adequately provide for the
long-term conservation of wildlife species addressed by the plan, which is a recognized public benefit.
b. The fee will produce adequate revenues to accomplish its intended purposes. c. The fee is based on a clear and logical relationship between the impacts of
development projects and the mitigation for those impacts. d. In the absence of the fee, development projects which would result in
impacts to the habitats addressed by the fee would be required to mitigate
those impacts in other ways.
e. The fee amounts are roughly proportional to the impacts which will be
mitigated by the fee.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. The report entitled “City of Carlsbad Fee Study Report for Habitat Management
Plan Mitigation Fee Program” dated May 16, 2000, and prepared by Onaka Planning and
Economics is incorporated herein by reference and is approved as to its methodology, findings
and recommendations.
4. That staff is authorized to make payment of the fee a condition of approval of all
applicable discretionary projects.
5. That staff is authorized to administer the fee, including establishing any
necessary accounting and implementing procedures.
6. In the event the HMP is not approved, the fee will be rescinded.
7. The fee shall become effective 60 days following the date on which the City
Council adopts this resolution.
8. The amount of the fee shall be automatically escalated annually at one-half the
rate of increase in Consumer Price Index - All Urban Consumers for San Diego County, using
as base the reported index of the last biennial period preceding the date of adoption of this resolution.
9. Based on the foregoing, the City Council of the City of Carlsbad adopts the
Habitat In-Lieu Mitigation Fee.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 11th day Of Julv , 2000 by the following vote,
to wit:
AYES: Council Members Lewis, Hall, Finnila, and Kulchin
NOES: None
ABSENT: Council Member Nygaard
AT-TEST:
KAREN R. KUNDTZ, Assistant City Clerk (SEAL)
-2- 3-