HomeMy WebLinkAbout10-050 CC Resolution RESOLUTION NO. 10 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE APPLICABLE
MULTIPLE SPECIES HABITAT CONSERVATION
MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR
2010 -11 TO MAINTAIN FEE RATES AT FISCAL YEAR
2009 -10 LEVELS (LR10 -0013)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find
determine and declare that:
A. The City Council passed Ordinance No. 03 -14 on January 13, 2004,
adding Chapter 15.10 to the Temecula Municipal Code establishing a local development
mitigation fee for funding the preservation of natural ecosystems in accordance with the
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and
pursuant to California Government Code Sections 66000 et seq. authorizing the City to
impose the MSHCP fee upon new development.
B. Pursuant to Chapter 15.10 of the Temecula Municipal Code the City of
Temecula imposes the Multiple Species Habitat Conservation Fee in accordance with
State law in order to acquire and preserve vegetation communities and natural areas
within the City and the region which are known to support plant and wildlife species
covered by the Multiple Species Habitat Conservation Plan (MSHCP).
C. Ordinance No. 07 -01 adopted on January 9, 2007 amended Section
15.10.090 of the Temecula Municipal Code to provides for an automatic annual
adjustment of the MSCHP fee based on the percentage change, if any, of the Los
Angeles- Anaheim - Riverside area Consumer Price Index (CPI).
D. Recent changes in the real estate market have created significant
hardships for the development of many types of projects including residential
commercial and industrial projects and the consequent loss of many jobs and
businesses in the City.
E. On May 3, 2010, the Regional Conservation Authority took action to not
implement the automatic annual CPI adjustment for Fiscal Year 2010 -11, thereby
maintaining the same fee schedule as adopted in Fiscal Year 2009 -10.
F. By the adoption of this Resolution the City Council intends to reduce
development costs so as to support the local economy and assist in the creation and
maintenance of jobs and businesses in the City.
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Section 2. The MSHCP fees required to be paid in Fiscal Year 2010 -11
between July 1, 2010 and June 30, 2011, shall remain the same as those in effect in
Fiscal Year 2009 -10. The automatic annual adjustment provisions of Section 15.10.090
of the Temecula Municipal Code shall resume and be in effect for Fiscal Year 2011 -12.
Section 3. Except as specifically provided in this Resolution all other terms of
Section 15.10.090 shall remain in full force and effect.
Section 4. The City Council hereby determines, in accordance with 14 Cal.
Code Reg. Section 15061(b) of the California Environmental Quality Act Guidelines
( "CEQA Guidelines "), that the Multi- Species Habitat Conservation Fees as _described in
this Resolution is not a "project" within the meaning of Section 15378 of the CEQA
Guidelines, and is therefore exempt from the requirements of CEQA. This Resolution,
in conjunction with Chapter 15.10 of the Temecula Municipal Code, establishes a
funding mechanism for acquiring and preserving vegetation communities and natural
areas within the City and the region which are known to support plant and wildlife
species. This Resolution will have no effect on the environment. Pursuant to CEQA
Guidelines Section 15061(d) and 15062, the City Manger is hereby directed to cause a
notice of Exemption to be prepared, executed and filed for the foregoing determination
in the manner required by law, that this is not a project under the California
Environmental Quality Act and therefore, no environmental impact assessment is
necessary.
Section 5. This Resolution shall be effective on July 1, 2010.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of June, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan . Jone MMC
k
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10 -50 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan W. Jones, MMC
City Clerk
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