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HomeMy WebLinkAbout21622 - RESOLUTIONS - 6/21/2006 RESOLUTION NO. 21622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INCREASE IN THE SEWER FACILITY FEE ASSESSED ON NEW CONSTRUCTION. WHEREAS, in November of 1974, the City Council approved Resolution No. 11247 establishing a Sewer Facility Fee; and WHEREAS, this fee has been used to recover the costs of wastewater infrastructure needed to serve new development, as well as the costs for increasing capacity of existing facilities to serve growth; and WHEREAS, the City Council has suspended full collection of this fee since 2000 to help foster economic development within the community; and WHEREAS, the current fee suspension is scheduled to expire on June 30, 2006; and WHEREAS, the City Council has determined that a comprehensive review of the fees the City charges for sewer services is needed to determine whether these fees adequately recover the costs of capacity in existing infrastructure that will benefit new development, as well as the costs for capacity in future facilities that will be needed to serve growth; and WHEREAS, the City contracted with Bartle Wells Associates for a comprehensive evaluation of the City's existing sewer fees including the Sewer Facility Fee; and WHEREAS, Bartle Wells Associates prepared a study, Wastewater Rate Study and Facility Fee Update ("Study"), in July of 2005, that recommends an increase to the City's Sewer Facility Fee and explains the nexus between the imposition of the fee and the estimated reasonable cost to build additional infrastructure to serve new development or to finance needed sewer plant expansion; and WHEREAS, the City Council desires to increase the Sewer Facility Fee, in accordance with the nexus calculations and recommendations in the Study; and WHEREAS, in compliance with the Mitigation Fee Act (Government Code Section 66000 et seq.), the City Council held a noticed public hearing on June 21, 2006, to solicit public input on the proposed increase in the Sewer Facility Fee. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has considered all of the evidence submitted into the administrative record which includes, but is not limited to, the following: Resolution No. 21622 Page 2 a) The Study prepared by Bartle Wells Associates; b) The staff report and presentation at the public hearing conducted by the City Council; c) Public comments, both written and oral, received and/or submitted at, or prior to, the Board of Directors public hearing supporting and/or opposing the staff recommendation; Section 2. For the period commencing July 1, 2006, the authorized Sewer Facility Fee assessed on new construction shall be as follows: Type of Construction Authorized Fee A. Residential Units (single-family, apartments, $3,000/EDU' co-op apartments, condominiums and mobile home park spaces). B. Commercial and Industrial Units2 $306/Fixture Unit C. Hotel Room3 Without Kitchens $1,290/Unit With Kitchens $1,500/Unit D. Recreational Vehicle Spaces4 $2,340/Space E. Properties Adjacent to City5 $6,000/unit 1 EDU stands for Equivalent Dwelling Unit ' 2 Commercial and industrial customers are assigned EDUs based on the number of commercial plumbing fixture units per account with 1 EDU equivalent to about every 10.2 commercial fixtures. 3 Hotels without kitchens are assessed a fee equivalent to 43% of an EDU; hotels with kitchens are assessed the equivalent of 50%of an EDU. 4 The fee for recreational vehicle parks are based on the number of vehicle/camping spaces and the number of fixture units. Each vehicle space is billed a rate equivalent to 78%of an EDU 5 Customers located outside the City's boundaries pay fees that are 150%of the standard EDU. Section 3. Timing of Fee. A Sewer Facility Fee shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of a certificate of occupancy for the project, or at such earlier time as permitted by law, as set forth in Government Code section 66007. A "development permit" means any permit or approval from the City including, but not limited to, subdivision map, revised final planned development, building permit or other permit for construction or reconstruction. (a) All building permit applications that were received by the City's Building Division on or before July 1, 2006 and based upon the submissions made by that date have been deemed by the City to be accepted for review to determine their compliance with City's requirements, shall be processed on a first-come, first-served basis, in accordance with the City's standard policies and practices, and those permits that are issued on or before ' August 21 2006, shall be subject to the fees that applied prior to adoption of this resolution; (b) Except as provided in subparagraph (a) above, the fees adopted by this resolution shall take effect on August 21, 2006. Resolution No. 21622 Page 3 Section 4. CEQA Finding. The adoption of the Study and the Sewer Facility Fee are categorically exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act guidelines. The intent of the Study and Sewer Facility Fee is to provide one way to fund projects and services that have been identified in environmental analyses of other planning efforts, including the General Plan, and various City master plans, among others. Section 5, Severability. If any action, subsection, sentence, clause or phrase of this resolution or the imposition of the ;Sewer Facility Fee on new development or the application thereof to any person or circumstance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution or other fees levied by this resolution that can be given effect without the invalid provisions or application of fees. Section 6. Effective Date. Consistent with California Government Code Section 66017(a), the fees adopted by this resolution shall take effect sixty (60) days following the adoption of this resolution by the City Council. ADOPTED this 215rday of June, 2006. David H. Ready ty manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) Resolution No. 21622 Page 4 I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that ' Resolution No. 21622 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 21, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat NOES: None ABSENT: Mayor Oden ABSTAIN: None es Thompson, City Clerk C.i y of Palm Springs, California