O-007-15 Adding Chapter 3.46 to Title 3 of the Colton Municipal Code to authorize Habitat Mitigation Fees(6.2.15)

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I ►7 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 0a ORDINANCE NO. 0-07-15 AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF COLTON ADDING CHAPTER 3.46 TO TITLE 3 OF THE COLTON MUNICIPAL CODE TO AUTHORIZE HABITAT MITIGATION FEES FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS WITHIN THE BOUNDARIES OF THE HUB CITY CENTRE SPECIFIC PLAN AREA IN ACCORDANCE WITH THE WEST VALLEY HABITAT CONSERVATION PLAN WHEREAS, the City Council of the City of Colton (the "City Council") recognizes the need to protect the federally endangered Delhi Sands Flower -loving Fly ("DSF") and its habitat, and mitigate the impacts from development, while encouraging economic development and employment opportunities in the City of Colton ("City"); and WHEREAS, on February 2, 2015, the U.S. Fish & Wildlife Service issued an Incidental Take Permit for the Delhi Sands Flower -loving Fly pursuant to the provisions of the West Valley Habitat Conservation Plan (WVHCP); and WHEREAS, the WVHCP was adopted by the City Council the following day and includes implementing provisions that state, "During the first year after permit issuance, the City of Colton will adopt an implementing ordinance that will establish a DSF mitigation fee for local applicants seeking coverage under the Plan. The implementing ordinance will include a Property Action Analysis (PAR) and Nexus Study documenting all required actions assembling and managing the City's obligation to conserve and manage 50.3 acres of moderate to high quality DSF habitat" (WVHCP Section 5.5); and WHEREAS, the City has already caused to be prepared the Delhi Sands Flower -Loving Fly Habitat Conservation Plan Development Impact Fee Calculation and Nexus Report" dated March 9, 2015 ('Nexus Report"), based on appraisals of habitat land conducted in January and 23152.06000\9686953.1