The city council finds and determines that:
A.
The Legislature of the state of California has found and declared that certain species of fish, wildlife and plants are in danger of, or threatened with, extinction due to habitat destruction and exploitation.
B.
The Legislature has further found and declared that these species of fish, wildlife and plants are of historical, economic and scientific value to the people of this state and the conservation, protection and enhancement of these species and their habitat is of state-wide concern.
C.
The Legislature has further found and declared that it is the policy of the state to conserve, protect, restore and enhance the habitat of species that are listed as threatened or endangered, candidates for such listing as well as other species of concern (collectively, listed, candidates for listing and other species of concern shall hereinafter be referred to as "species of concern").
D.
The Congress of the United States has found and declared that the preservation of species of concern is an important national and regional issue which requires the cooperation of cities, counties, the states, the federal government and the owners of property affected by these species.
E.
The listing of the Stephens' Kangaroo Rat as an endangered species has resulted in significant adverse economic impacts upon the city and western Riverside County and is likely to have contributed to the recent decline in property values of not only lands which are occupied, but also lands which are not occupied by that species.
F.
The city and county, together with the cities of Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Perris, Riverside and Temecula and the County of Riverside have formed the Riverside County Habitat Conservation Agency ("RCHCA") whose purpose is to plan for, acquire, administer, operate and maintain land and facilities for ecosystem conservation and the creation of habitat reserves to implement habitat and ecosystem conservation plans and program for the species of concern. The RCHCA, and each of its members, including the city of Moreno Valley have recently adopted "The Habitat Conservation Plan for the Stephens' Kangaroo Rat in Western Riverside County, California" (SKRHCP) and have been issued an incidental take permit from the United States Fish and Wildlife Service and a Management Authorization from the California Department of Fish and Game, all of which documents require certain implementation actions on the part of its members, including the city.
G.
The city council has previously adopted Ordinance 212 and related Fee Resolution 89-92 which imposed an impact and mitigation fee of $1,950 per acre to be used exclusively for the preparation and implementation of a habitat conservation plan for the Stephens' Kangaroo Rat.
H.
The board of directors of the RCHCA has recommended to each of its members that each city and the county amend its ordinance: (1) to enact the implementation measures as set forth in the SKRHCP, the Section 10(a) Permit and the Management Authorization; and (2) to reduce the impact and mitigation fee to $500 per acre. The recommendations of the RCHCA with respect to the impact and mitigation fee is based upon the current cash reserves of the RCHCA, its likely expenditures during the ensuing three years to implement the terms of the SKRHCP, which will benefit many other species of concern, and to negotiate and develop an ecosystem based multiple species habitat conservation plan which will protect all species in order to reduce the likelihood of additional state or federal listings and to support permits to take species of concern should they be listed in the future.
I.
The city council has determined that the benefits accruing to parcels which are occupied by the Stephens' Kangaroo Rat as well as those which are not so occupied are roughly proportional and that a meaningful parcel by parcel evaluation of the benefits which will accrue to those parcels as a result of the implementation of the SKRHCP would not result in a meaningful difference in the amount of the fee so imposed.
(Ord. 502 § 2.1, 1996)