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Home My WebLink About11/15/2006 - STAFF REPORTS - 2.E. O�pgLM sA4 iy ti c� V y City Council Staff Report i; �lionY¢o,n c9<I FOR��Px DATE: November 15, 2006 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1704, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITY'S ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1704. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1704, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITY'S ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE." STAFF ANALYSIS: At its November 1, 2006, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. ;*es Thompson David H. Ready ;,,City Clerk City Manager At ' Ordinance No. 1704 Item 2 . ED PROPOSED ORDINANCE NO. 1704 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITYS ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE. City Attorney's Summary The City Council previously adopted an uncodified ordinance establishing a transportation uniform mitigation fee program. This Ordinance codifies essential provisions of the uncodified ordinance as a part of the Palm Springs Municipal Code and allows the Council to implement, amend, and administer the fee program from time to time by resolution. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 8.90 is added to the Palm Springs Municipal Code to read: Chapter 8.90 TRANSPORTATION UNIFORM MITIGATION FEE Sections: 5.30.010 Purpose and Gntent 5.30.020 Establishment of Transportation Uniform Mitigation Fee 5.30.030 Exemptions 5.30.040 Credits 5.30.050 Appeal Process 8.90.010 Purpose and Intent. It is the purpose and intent of this Chapter to codify the Transportation Uniform Mitigation Fee program previously adopted by the City Council for the purpose of imposing a fair-share traffic fee on new development to fund regional transportation improvements. The provisions of this Chapter shall apply to any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, certificates of occupancy, or change the use of, any building or property and which results in change of use and generates additional vehicular trips. Ordinance No. 1704 Page 2 8.90.020 Establishment of Transportation Uniform Mitigation Fee. A. There is hereby established a Transportation Uniform Mitigation Fee, the proceeds of which shall be placed in the trust fund established by the Coachella Valley Association of Governments ('CVAG) and used to construct the transportation improvements and provide the additional capacity needed to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. B. The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG from time to time and as adopted by the Council by resolution. C. The Council shall annually review and, if necessary, amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG's annual review, the Council shall amend its fee amount in accord with the amount recommended or in an amount greater consistent with all applicable provisions of law. D. No Tract map, parcel map, conditional use permit, land use permit, building permit, change of occupancy, or any other discretionary or ministerial entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the City. E. No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. F. Mitigation fees shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Find. All interest or other earnings of the Fund shall be credited to the Fund. 8.90.030 Exemptions. The following developments are exempted from payment of the fee required by this Ordinance: A Low and lower-income residential housing, including single-family homes, apartments, and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the legislative body or its designee. The sale or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines. B. Public buildings, public schools, and public facilities unless they are primarily for lease to private, for-profit enterprises. Ordinance No. 1704 Page 3 C. Buildings used for religious purposes but excluding other commercial properties or businesses owned by a religious institution. D. The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generates the same or fewer trips as the original building and reconstruction commences within one (1) year from destruction of the building. 8.90.040 Credits. A. Where a developer improves those regional streets identified in a resolution implementing the provisions of this Chapter beyond the requirements established in subsection B of this Section, the developer shall receive a credit against the Transportation Uniform Mitigation Fee. To receive a credit, the developer shall obtain, in advance, an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system. B. The fees required by this Ordinance shall be in addition to any fees, conditions or exactions for on-site and off-site improvements imposed upon projects pursuant to state and local laws, ordinances, or administrative policy which may authorize the imposition of conditions, fees or exactions on development and the developer shall not be entitled to any credits for such fees, conditions or exactions. C. If a developer constructs, or is required by the City to construct, any portion of the regional network as identified in a resolution implementing the provisions of this Chapter in excess of that required to meet standard street requirements as provided by local ordinances, municipal codes, and the City's General Plan, the developer shall be entitled to a credit for the cost of such excess construction. All such construction on the regional network must have the approval of CVAG as to plans and detailed costs estimates- D. Should the credit exceed the applicants total fee, the difference may be credited against any of the applicants future development within five (5) years which would be subject to the fee. The credit may not be refunded in cash. E. Should a developer provide improvements which benefit adjacent undeveloped land, the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future fees contributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG's rules and regulations. 8.90.050 Appeal Process. An applicant who disputes the fee may file a written notice of appeal with the Executive Committee of CVAG within 15 days of imposition of the fee. The Executive Committee of CVAG must decide the appeal by majority vote and within 60 days of the filing of the appeal. Ordinance No. 1704 Page 4 SECTION 2. The City Council specifically finds that this Ordinance is declaratory of existing laws, ordinances, and policies of the City. The City Council further finds that this ordinance is a codification of Ordinance No. 1334, an existing ordinance and program of the City, and that this Ordinance does not create or establish a new fee. Ordinance No. 1334 not be in force or effect upon the effective date of this Ordinance; SECTION 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. 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 law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 2006. Ron Oden, Mayor ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a ' regular meeting of the City Council held on by the following vote: ' AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California of?P,LM5.0 v` N City of Palm Springs * Office of the City Clerk * �`'Raow....... ° 3200 E. Taligwic Canyon Way • Palm Springs,California 92262 Tel. (760)Db-8204 • Fax: (760) 322-8332 • Wcb.www.ci.palm-springy.ca us q�r�oe� SUMMARY OF PROPOSED ORDINANCE NO. 1704 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL. CODE, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITY'S ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE,. CityAttorney's Summary The City Council previously adopted an uncodified ordinance establishing a transportation uniform mitigation fee program. This Ordinance codifies essential provisions of the uncodified ordinance as a part of the Palm Springs Municipal Code and allows the Council to implement, amend, and administer the fee program from time to time by resolution. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that the forgoing ordinance was duly introduced at a regular meeting of the City Council on the 1" day of November, 2006, by the following vote: AYES: Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden NOES: None ABSENT: Councilmembers McCulloch and Mills -- d CS THOMPSON - ity Clerk HAUSERS\C-CLK\KATHIE H\Ord Summary\Ord 1704 Sum-1.doc Post Office Box 2743 • Palm. Springs, California 92263-2743 PROOF OF PUBLICATION Thn zs space for County Clerk's filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of proof of Publication of the County aforesaid, I am over the Age 0! eighteen _ --- "--— . years,;Ind not a party to or inrerested in the above-entitled matter. 1 am the principal cleric of printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of generll circulation, printed and published in the city at Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24, 1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller No."0525' than nun pariel,has been published in each regular City of palm spprv,.gge - and entire issue of said newspaper and not in SU an MMARY OF PRDIP y ORDINANCE NM 1704 supplement thereof on the following dates,to wit; AN ORDINANCE OF THE CITY OF PALM SPRINGS. THE PALIM SERING�IA AMUNICIPAL CO15E Rt November 4a',2006 LAYING TO THE CODIFICATION AND AMtND- MENT OF THE CI7Y'S ADOPTED TRANSPORTA- TION UNIFORM MITIGATION FEE. ___ __ The Ciry CoCnY fppraV aus1Y Sdopt�eo trncodiped """""-"�— --"""""""`-- """""�`-- romance estst)ishing a rgnsportstlon unllorm All in the year 2006 mitigation fee rogram, Th/s (�rd/ngnce coo//res a possirt p/i�u�A ns or the uncodi/led ordinance as Palm Spdnps Mun(dpal Code And a/lows the Councll to Itralnant, errreno, end ad- foregoing Certify(or declare)under penalty of perjury that the minister the ros progr4m fmm time to Arne Oy a - foregoing is true and correct. olu(ton. PalJames 5 do hs mpp"on, City Clark of the City of Dated at Palm Springs,California this---6"', --day fa Palm s ordma celtyea duihereby certify that the regu- lar meeting of the City Council onthe I9t d f NOvomber, 2006. by the following Vate; uG--------Novcm '------ ----......-------2006 AYES; COuncllmember Pougneq Mayor Pro Tem Fast and Mayor Oden NOES;Nona ABSENT:Councllmpmbprs McCulloch anq Mllls I - JAMES THOMPSON ?- -- — --- ----- CITY Cleric S' nature Published: 11/41200, Lrl=°. C7 — v PROOF OF PUBLICATION I Ills is space for County Clcrk's Filing Slan,p (2015.5.C.C.P) STATE OF CALIFORN[A County of Riverside 1 am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen __....... .-._........ years,and not a party to or interested in the above-entitled matter. I am tire principal cleric of a printer of tile,DESERT SI7N PUBLISIfING COMPANY a newspaper of general circulation, No. 3711 city of Palm Springs printed and published in the city of Palm Springs, ORDINANCE NO.noa County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the AN ORDINANCE OF THE CITY OF PALM SPRINQS, CALIFORNIA ADDING CHAPTER Superior Court of the County of Riverside,State of COPE RELATING L T&IIOpIFl MUNICIPAL UNI IANL California colder the date of March 24,1988.Case AME9DMVNT OF THE CITY'S ADOPTED Number 191236;that the notice,of which the TRANSPORTATION UNIFORM MITIGATION annexed is a printed copy(set in type not smaller FEF. City An`v`as's Summary than hall pariel,has been published ill each regular Tho Clry Counal pmV�ously odopled an uncodlfled ordinance v,tahllshinp 9 tr*nyp0,tatlon unifotm and entire issue of Said newspaper and not ill any mdlgation fec•pro9ram. Yhls prdmance vodtfic'. supplement thereof on the following dates, esscntlal rovlsans of the uncodI I ordinance as r.s to wit: p a part of the Palm Springs cnt, amend, Coded an allows the CoUncd to Imp spring amend, . November 25"',2006 minister the fee program from time ro time oy res� olutlon. Of I, JAMES THOMPSON._CltyoCnerabf ccr[Ifylih rt Palm Sprin ' Callforma, dd --_----YY` Ordlnance a. 1704 was Ignxraduce at a regular ^-----. . --- meeting of me Palm SX111 Clry Counftd on No- All in the year 2006 vcmber 1, 2006 and adapted at a regular mecl- Y Ing of the City✓reunell held on November 15, by ;he following voto. I certify(or declare)under penalty of perjury that the AYES. Councllmembers McCulloch, Pougnet,Msyor Pro Tam Foal and Mayor Coen foregoing is true and correct. NOLS: None ABSENT: Councilmember Mills ABSTAIN: None, Dated at Palm Springs,California this----27u',---day James Thompson, City CIerK Published: 1112W2000 of--------No -- ..------- ---,2006 --- �' Sign rc