HomeMy WebLinkAbout2005-12-13; City Council; Resolution 2005-3731 RESOLUTION NO. 2005-373
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REVISED HABITAT
3 MANAGEMENT PLAN MITIGATION FEE.
CASE NAME: HABITAT MANAGEMENT PLAN MITIGATION
4 FEE
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WHEREAS, the City Council of the City of Carlsbad has approved the Habitat
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Management Plan (HMP); and
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WHEREAS, the California Department of Fish and Game, the U.S. Fish and
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Wildlife Service and the California Coastal Commission have also approved the Habitat
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Management Plan and a citywide incidental habitat take permit has been issued to the City; and
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WHEREAS, the HMP proposes a fee program in order to generate funding for
the preservation of habitat in the unincorporated area to the southeast of Carlsbad also known12
as the North County Multiple Habitat Conservation Plan (MHCP) Gnatcatcher Core Area which
is essential to the biological viability of the HMP and the MHCP; and14
WHEREAS, the City has caused a fee 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 the16
fee and the impacts which will be mitigated by the fee; and
WHEREAS, the City Council approved the HMP Mitigation Fee in July of 200018
subject to the approval of the HMP by the Wildlife Agencies and the Coastal Commission; and
WHEREAS, the HMP has now been approved but the fee needs to be updated
-, and revised due to the rising cost of habitat land and changes in the amount of habitat land to
22 be acquired and the amount of money to be reimbursed for prior acquisition; and
2^ WHEREAS, the City Council held a public hearing to consider all pertinent facts
24 and information regarding the fee and testimony, if any, from all persons having an interest in
25 the matter.
26 NOW, THEREFORE, Be It Hereby Resolved by the City Council of the City of
27 Carlsbad, California, as follows:
28 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.
L The fee will produce adequate revenues to accomplish its intended
c purposes.
c. The fee is based on a clear and rational 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
7 impacts to the habitats addressed by the fee would be required to
mitigate those impacts in other ways.
8 e. The fee amounts are proportional to the impacts which will be
mitigated by the fee.
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3. That the revised report entitled "City of Carlsbad Updated Fee Study
Report for Habitat Management Plan Mitigation Fee Program" dated September 9, 2005, and
prepared by Onaka Planning and Economics is incorporated herein by reference and is
approved as to its methodology, findings and recommendations.
12 4. That staff is authorized to make payment of the fee a condition of
,., approval of all applicable discretionary projects.
14 5. That staff is authorized to administer the fee, including establishing any
necessary accounting and implementing procedures.
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6. That the fee shall become effective 60 days following the date on which
16 the City Council adopts this resolution.
17 7. That the amount of the fee shall be automatically escalated annually at
the rate of increase in Consumer Price Index for the City of San Diego, using as base the
18 reported index of the last biennial period preceding the date of adoption of this resolution
(218.3).
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8. Based on the foregoing, the City Council of the City of Carlsbad adopts
0 the Habitat Management Plan Mitigation Fee as set forth in the September 9, 2005 Fee Study.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 17th day of January , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
LORRAINE M. WOOD, City Clerk
(SEAL)