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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-41-15 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON ADOPTING A MITIGATION FEE NEXUS <br />STUDY AND ADOPTING HABITAT MITIGATION FEES <br />FOR FUNDING THE PRESERVATION OF NATURAL <br />ECOSYSTEMS WITHIN THE BOUNDARIES OF THE HUB <br />CITY CENTRE SPECIFIC PLAN AREA IN ACCORDANCE <br />WITH THE WEST VALLEY HABITAT CONSERVATION <br />PLAN <br />WHEREAS, the City Council of the City of Colton (the "City Council") <br />recognizes the need to finance the acquisition of land for the preservation of sensitive species, <br />including the Delhi -Sands Flower Loving Fly to mitigate the impacts on sensitive species caused <br />by new development in the West Valley are of the City of Colton; and <br />WHEREAS, on February 2, 2015, the U.S. Fish & Wildlife Service issued an <br />Incidental Take Permit for the Delhi Sands Flower -loving Fly pursuant to the provisions of the <br />West Valley Habitat Conservation Plan (WVHCP); and <br />WHEREAS, the WVHCP was adopted by the City Council and includes <br />implementing provisions that require the City to prepare a Nexus Study and implement a <br />mitigation fee program to fund actions to acquire, assemble and manage the City's obligation to <br />conserve and manage 50.3 acres of moderate to high quality DSF habitat" (WVHCP Section 5.5); <br />and <br />WHEREAS, the City has caused to be prepared the Delhi Sands Flower -Loving <br />Fly Habitat Conservation Plan Development Impact Fee Calculation and Nexus Report" dated <br />March 9, 2015 ("Nexus Report"), based on appraisals of habitat land conducted in January and <br />February 2015 that will form the basis for the adoption of mitigation fees; and <br />WHEREAS, the boundaries for affected property are contained within the <br />boundaries of the Hub City Centre Specific Plan Area ("SP Area"); and <br />WHEREAS, adoption of the mitigation fees that are analyzed and justified by the <br />Nexus Report require implementing provisions to comply with the WVHCP and assist the City, <br />property owners and developers to coordinate proposed development within the SP Area; and <br />WHEREAS, such implementing measures are contained in Chapter 3.46 of the <br />Colton Municipal Code; and <br />WHEREAS, pursuant to Government Code Section 66000 et seq., the City is <br />empowered to impose fees and other exactions to acquire necessary lands and public facilities <br />necessary to mitigate the impacts of new development on sensitive ecosystems including fees to <br />acquire sensitive habitat land and ecosystems for the purpose of mitigating the loss of habitat land <br />(the "Mitigation Fees"; and <br />23152.06000\9706566.1 - 1 - <br />