HomeMy WebLinkAbout1960ORDINANCE NO. 1960
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING AND REPLACING CHAPTER
8.90 (TRANSPORTATION UNIFORM MITIGATION FEES)
OF THE PALM SPRINGS MUNICIPAL CODE.
City Attorney's Summary
This Ordinance repeals and replaces the City's current Transportation
Uniform Mitigation Fee (TUMF) Ordinance, Title 8, Chapter 8.90 to be
consistent with the Coachella Valley Association of Governments ("CVAG")
TUMF Model Ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND ORDAINS:
SECTION 1. Title 8, Chapter 8.90 of the Palm Springs Municipal Code addressing
the 'Transportation Uniform Mitigation Fee" is hereby repealed in its entirety and replaced
to read as follows:
Chapter 8.90
Transportation Uniform Mitigation Fee
Section 8.90.010 Purpose, use and findings.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City is a Member Agency of the Coachella Valley Association of Governments
("CVAG"), a joint powers agency consisting of public agencies situated in the Coachella
Valley (collectively, "Member Agencies").
B. Acting in concert, the Member Agencies developed a plan whereby the shortfall in
funds needed to enlarge the capacity of the Regional System of Highways and Arterials
within CVAG's jurisdiction (the "Regional System") could be made up in part by a
Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential,
commercial and industrial development within the jurisdiction.
C. That CVAG commissioned the preparation of various studies ("Fee Studies") which
evaluate population and employment growth, future transportation needs and the
availability of traditional transportation funding sources to establish updated TUMF levels
and program revenue collection targets.
D. That the Fee Studies, as periodically updated, make it possible to determine a
reasonable relationship between the cumulative regional impacts of new land
development projects in the Coachella Valley on the Regional System and the need to
mitigate these transportation impacts using funds levied through the TUMF program.
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E. That the Fee Studies, as periodically updated, establish the purposes of the TUMP,
which may be summarized as a uniform development impact fee to help fund construction
of the Regional System needed to accommodate future growth in the Coachella Valley
for a period of time extending at least 20 years beyond the date of the Fee Studies.
F. That the Fee Studies, as periodically updated, establish that the TUMF proceeds
will be used to help pay for the engineering, construction and acquisition of the Regional
System improvements identified therein. Such improvements are necessary for the
safety, health and welfare of the residential and non-residential users of the development
projects on which the TUMF will be levied.
G. That the Fee Studies, as periodically updated, establish a reasonable and rational
relationship between the use of the TUMF proceeds and the type of development projects
on which the TUMF is imposed.
H. That the Fee Studies, as periodically updated, establish the reasonable
relationship between the impact of new development and the need for the TUMF.
I. That the TUMF program revenues to be generated by new development will not
exceed the total fair share of these costs.
J. That the projects and methodology identified in the Fee Studies, as periodically
updated, for the collection of fees is consistent with the goals, policies, objectives and
implementation measures of the City's General Plan.
K. That the TUMF program complies with the provisions of the Mitigation Fee Act.
Section 8.90.020 Definitions
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them as follows:
"Change of use" means any change in the use of an existing building that results in the
increase of vehicular trips.
"Coachella Valley" means those combined boundaries of the Palm Springs Unified School
District, Desert Sands Unified School District and that part of the Coachella Unified School
District within Riverside County.
"Coachella Valley Association of Governments," hereinafter CVAG, means the legal
entity, which will manage and administer the Transportation Uniform Mitigation Fee in
accordance with the laws of the State of California.
"Development" means any activity which requires discretionary or ministerial action by
the City resulting in the issuance of grading, building, plumbing, mechanical or electrical
permits, or certificates of occupancy issued by the City to construct, or change the use
of, a building or property. Where "development" applies to an enlargement of an existing
Ordinance No. 1960
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building, or a change of use of an existing building that results in increased vehicle trips,
the average weekday trips shall be only the additional trips in excess of those associated
with the existing use.
"Fee Study" means the studies prepared by CVAG and adopted by the City Council, which
supports the fee established by this chapter, and includes all the underlying reports and
documents referenced therein.
"Impact Fee Schedule" means the schedule of development impact fees approved by
resolution of the City Council.
"Mitigation Fee Act" means the law set forth in the California Government Code
(Government Code Section 66000 et seq.) that establishes the criteria for establishing a
fee as a condition of approval of a development project.
"Regional System" means the regional system of roads, streets and highways identified
by CVAG as identified in its latest adopted Transportation Project Prioritization Study
(TPPS) to accommodate growth in the Coachella Valley for a period of time extending at
least 20 years beyond the date of the TPPS. Only those projects with a minimum score
as established by CVAG in its adoption of the TPPS are included for TUMF consideration.
"Transportation Mitigation Trust Fund" means the fund established pursuant to this
chapter.
"Trip generation rate" means the number of average weekday trips generated by a
particular land use. The trip generation rate for each of the following land use categories
shall be the rate published by the Institute of Transportation Engineers (ITE), 10th edition,
or as revised, calculated upon the measurement herein specified. Trip generation rates
shall be calculated based upon the following measurement:
1. Residential. Single-family, multifamily, mobile homes and nursing/congregate care
uses shall be calculated per dwelling unit. Transit Oriented Developments (TOD) shall
receive a 15% discount on the calculated fee. Low Income housing is exempt from
this fee.
2. Non-Residential. Industrial, mini-warehouse, office and retail uses shall be calculated
per 1,000 square feet.
3. Fuel Dispensers for gas and electric. Dispensers for gas and electric shall be
calculated per dispensing unit.
4. Golf Courses. Golf courses shall be calculated per acre.
5. Hotel. Hotels shall be calculated per room.
"TUMF area" means the CVAG and TUMF boundary as established by the CVAG General
Assembly.
Ordinance No. 1960
Page 4
"TUMF" means the Transportation Uniform Mitigation Fee established by this chapter.
Section 8.90.030 Fee Established
A. There is established a Transportation Uniform Mitigation Fee ("TUMF"), which shall
apply to new development yet to receive final discretionary approval and/or issuance of
a building permit or other development right and to any reconstruction or new use of
existing buildings that results in change of use and generates additional vehicular trips.
B. The facilities to be funded by the TUMF are detailed in the Fee Study, which is on
file with the City Clerk.
C. The TUMF is in addition to the requirements imposed by other City laws, policies
or regulations relating to the construction or the financing of the construction of public
improvements within subdivisions or developments.
Section 8.90.040 Fund Established
A. There is established a Transportation Mitigation Trust Fund ("Trust Fund") into
which TUMF proceeds shall be deposited.
B. TUMF proceeds shall be imposed and collected by the City and shall be
transmitted to CVAG to be placed in the Trust Fund. All interest or other earnings of the
Trust Fund shall be credited to the Trust Fund.
C. CVAG shall administer the Trust Fund in accordance with the Mitigation Fee Act.
Section 8.90.050 Calculation and Collection of the TUMF
A. The method of calculating the TUMF shall be described in CVAG's Transportation
Uniform Mitigation Fee Handbook, a copy of which is on file with the City Clerk.
B. The amount of the fees due shall be the amount set forth in the applicable Impact
Fee Schedule in effect at the time each fee is due. The TUMF shall be collected pursuant
to the City's established procedures for the collection of development impact fees.
Section 8.90.060 Use Restrictions
TUMF proceeds shall be solely used for the engineering, construction and acquisition of
the Regional System improvements identified in the Fee Study and any other purpose
consistent with this chapter. TUMF proceeds shall not be used for Regional System
maintenance.
Section 8.90.070 Exemptions
The following developments are exempted from payment of the fee required by this
chapter:
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Page 5
1. Low and lower-income residential housing, including single-family homes, apartments
and mobile homes built for those whose income is no more than eighty percent of the
median income in the San Bernardino-Riverside Standard Metropolitan Statistical
Area and as determined and approved by the City Council or its designee. The sales
or rental price shall not exceed the affordability criteria as established under HUD
Section 8 guidelines.
Section 8.90.080 Appeal Procedures
A. Any developer, who, because of the nature or type of uses proposed for a
development project, contends that application of the TUMF is unconstitutional or
unrelated to mitigation of the burdens of the development, may file a written appeal with
CVAG within ninety days after imposition of the TUMF as a condition of approval or as
otherwise provided by the Mitigation Fee Act.
B. The appeal shall be heard by the CVAG Executive Committee in accordance with
CVAG's established policies and procedures for conducting such matters. The decision
of the Executive Committee shall be final.
Section 8.90.090 Administrative Fee
A. The City may impose an administrative fee in amount computed to cover the
average cost to the City of processing the TUMF. The City shall establish such fee in
accordance with the City's procedures for establishing service-related fees, unrelated to
CVAG's TUMF.
B. The administrative fee authorized by this section shall be in addition to the fee
imposed under Section 8.90.030. The administrative fee, when collected, shall be
retained by the City to recover its costs.
SECTION 2. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision hereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 3. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term is
defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organization or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 4. The Mayor shall sign, and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of applicable law; this Ordinance shall
take effect thirty (30) days after passage.
Ordinance No. 1960
Page 6
SECTION 5. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof or a display
advertisement, duly prepared accordingly to law, to be published in accordance with law.
PASSED, APPROVED, AND ADQ
COUNCIL THIS 20TH DAY OF SEPTEMBE
PALM SPRINGS CITY
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J
CITY CLERK
Ordinance No. 1960
Page 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Ordinance No. 1960 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on September 5, 2018, and adopted at a
regular meeti{i^ held on September 20, 2018, by the following vote:
c ^ "
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 2JjS^ day of •
HONY
CITY CLE