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HomeMy WebLinkAbout9/5/2007 - STAFF REPORTS - 1.E. .s.�� PkLM s�ti i n v r" C�OFOBN City Council Staff Report DATE: September 5, 2007 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE, CENTRAL BUSINESS DISTRICT AND AMENDING COUNCIL RESOLUTION NO. 21952,THE COMPREHENSIVE FEE SCHEDULE. FROM: David H. Ready, City Manager BY: Community and Economic Development SUMMARY The City Council adopted Ordinance No. that authorizes the City Council to establish an alternative park fee for residential development in the City's Central Business District in lieu of park land dedication as otherwise required under the provisions of Ordinance No. 1632. This Resolution establishes an alternale fee schedule for the development of each residential unit constructed in the Central Business district. RECOMMENDATION: 1) Open the Public Hearing and accept public testimony. 2) ADOPT RESOLUTION No. `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE'. STAFF ANALYSIS: In 2003 the City Council adopted a Park Land and In-Lieu Fee Ordinance that provided for park land dedication and/or park land fee in-lieu of dedication as a required condition of approval of residential development in the City. The original Ordinance provided a process for determining dedication and fee requirements for standard, suburban residential development, but was not easily adapted to mixed-use projects. Pagel or2 \ � ITEM NO._�l.t Page 'I of 2 The newly amended Ordinance enables the Council to adopt an alternative method of establishing park land dedication fees for residential units on property zoned "C-B-D" Central Business District, property that is generally urban in character and potentially capable of being developed for mixed-uses. An alternative park fee requirement for residential development in the Central Business District will encourage and promote the development of mixed-use projects in the area of the City intended for compact, lively, active, and intensive uses that will cater to pedestrians and allow the urban environment recognized by the City's General Plan to flourish. Residents of homes in the Central Business District will support and use the amenities and activities associated with an urban downtown environment. Staff proposes the following fee schedule as an alternate fee schedule for the development of each residential unit constructed in the City's Central Business District- Number of Bedrooms Amount of Fee Studio/One Bedroom Unit I $ 750.00 Two Bedroom Unit I $ 1,000.00 Three or more Bedroom Unit $ 1,500.00 Final Director Review: FISCAL IMPACT: Establishing an alternative park fee for residential development in the Central business District may result in a reduction in the amount of funds collected for park land acquisition from that which could have been collected under the current provisions of the City's park land dedication Ordinance. The program, however, will not impact the City's general fund. Joh Ray on irector CorkToty & onomic Development David H. Ready, City M Thomas J.Wil ,AssistantCityManager Attachments: Proposed Resolution Page 2 of 000002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AND AMENDING COUNCIL RESOLUTION NO. 21952, THE COMPREHENSIVE FEE SCHEDULE. The City Council of the City of Palm Springs finds: A. The City Council has adopted Ordinance No._ that allows the City Council to establish an alternative park fee requirement for residential development in the City's Central Business District in lieu of park land dedication as otherwise required under the provisions of Ordinance No. 1632. B. It is the desire of the City Council to adopt an alternative park fee for residential development in the City's Central Business District- C. The fee established in this resolution does not exceed the cost of providing park lands and park services to the residents of residential development in the Central Business District. Now, therefore, the City Council of the City of palm Springs resolves: 1. The City Council adopts the following fee schedule as an alternate fee schedule for the development of each residential unit constructed in the City's Central Business District: Number of Bedrooms Amount of Fee Studio / One Bedroom Unit $ 750.00 Two Bedroom Unit $ 1000.00 Three or more Bedroom Unit $ 1500.00 2. The fee provided in the Resolution shall be paid at the time of issuance of building permits. 3. The City Clerk shall incorporate the provisions of this Resolution into the City's Comprehensive Fee Schedule, Resolution No. 21952, and such resolution shall be deemed amended as provided in this Resolution. 4. This Resolution shall become effective on the 615t day after adoption or the date on which Ordinance No. becomes effective, whichever event occurs last. 000003 ADOPTED this 25"' day of July, 2007. David H. Ready, City Manager 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, hereby certify that Resolution No. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000004 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: September 5, 2007 Subject: ESTABLISHING AN ALTERNATE PARK FEE REQUIREMENT FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to the person on the attached list on August 20, 2007, in a sealed envelop, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (1 notice mailed) I declare ,`under penalty of perjury that the foregoing is true and correct. 4 & Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on August 20, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary AFFIDAVIT OF PUBLICATION 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on August 22, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. W�20 Kathie Hart, CMC Chief Deputy City Clerk OD0005 Mr. Fred Bell, Executive Director Building Industry Association 77-570 Springfield Lane, Suite E Palm Desert, CA 92211 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS ESTABLISHING PARK FEES IN LIEU OF DEDICATION FOR RESIDENTIAL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 5, 2007. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider establishing an alternate park fee requirement for residential development in the Central Business District and amending City Council Resolution No. 21952, the Comprehensive Fee Schedule. REVIEW OF INFORMATION: The staff report and other supporting documents regarding this is available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THE PROPOSED PARK FEES: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Thomas Wilson, Assistant City Manager— Development Services, (760) 323-8270. Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs puede hablar con Nadine Fieger telefono (760) 323-8245. ames Thompson,-City Clerk D000�96 PROOF OF PUBLICATION This is space for County ClerMs 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 ego of cighteca ................................ years,and not a party to or interested in the above-enritled matter-f am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper a of general circulation, No.2b.yt P P g NOTICE or PUBLIC NEARING printed and published in the city of Palm Springs, CITY COUNCIL CITY OF PALM SPRINGS County of Riverside,and which newspaper has been ESTABLISHING PARK FEES adjudged a newspaper of general circulation by the IN LIEU OF DEDICATION Superior Court of the County of Riverside,Stare Of FOR RESIDENTIAL DEVELOPMENT p ty IN THE CENTRAL BUSINESS DISTRICT California under the date of March 24,1988.Case NOTICE IS HEREBY GIVEN that the City Council Number 191236;that the notice,of which the of the City of Palm Springs, Caldornia,will hold a pu6hc hearing at Its mei;4ng of September 5 annexed is a printed copy(set in type not smaller p007. "File C1Cy Council meotin begins at 6.00 than non parcel,has been published in each regular Eat Tahquls Canyon way,P.M�l Slp`Ingall, a2gg and entire issue of said newspaper and not in any The purpd%•n of this hearing Is to consider estab- su lement thereof on the following dates to wit: luhinp an alternate pack fee regwromonl for resi- PP g dantlaI development in the Ccntml Business DIs- trlct and amending City Council Resolution No. 7.1952.tho Comprehensive Fee Schedule. Aiii 22vet 2007 REVIEW OF INFORMATION:The staff report and ^-^^^---- ocher supporting documents Iegardinp this i,; available Tor public review at City Hall between the hours of 8:00 a.m. and 5:DC p.m. Monday ^_^^_^^^^^^_^^^_^^^. through Friday Please contact the ONCL of the City Clark at(760)323-6204 If you would like to All in the year 2007 a.heduie an appointment to review these docu- ments. COMMENT ON THE PROPOSED PARK FEES: I certify(or declare)under penalty of perjury that the Response to thL notice may be made verbally at the Punpc Nlennnq and/or in writing before tee foregoing is true and correct. he-MMnq. Written comments may be made to the City Council by letter (tor mid or hand delivery) to: Dated at Palm Springs,California this--22nd,--day James Thompson, City Clerk 3200 E. Tahgwt% CMyon Way of---- Augtisr -- 2007 Palm Springs, CA 92262 Any challenge of the proposed in court may be Iim�Icd to rumn only those Issues raised aI the -- public hearing described In this notice,or in wnb tan correspondence dellvered to the City Clerk at, or prior,to the public liLaring (Government Code Section 650091e1[2]), An opportunity will be given at sold hearing for all Signature Interested persons to be heard Questions rcppard- ng this case may co directed to Thomas Wlson �si`lant Cityy Manager • Development Servicer, (760) 323-8270. 81 neceslta syude can o,ia carta,porfavor Ilame a is Ciudad de Palm Springs Y suede habisr con Nadine Eloper teiefono(780) 32 -3243. lames Thompson City Clerk Published:8/2W2007 000007 PROOF OF PUBLICATION Tins is 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 of eighteen --- years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Pnlm Springs, No 2041 County of Riverside,and which newspaper has been NOTICE CITYOF PUBLIC D LI CI HEARING adjudged a newspaper of general circulation by the CITY OF PALM SPRINGS Superior Court of the County of Riverside,State of ESTABLISHING PARK FEES IN LIEU OF DEDICATION California under the date o£March 24,1938.Case FOR RESIDENTIAL DEVELOPMENT Number 191236;that the notice,of which the IN THE CENTRAL BUSINESS DISTRICT annexed is a printed copy(set in type not smaller NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs California,will hold a than non pnricl,has been published in each regular ppenile hearing at Its meetlnq of.September 5 2007 The Cll,y Council Mee inqq begins at 5:o0 �ast Tahqultz Canyon Way, Palm Springs. and entire issue of said newspaper and not in any m. in the Council Chamber a} Cdy Hill, 3200 supplement Iheteof on the fallowing dates,to wit: Il purpose of this hearing Is to consider r real- li5hmg an allopme part fee requirement for real- August 22"d,2U07 dontial development in the Control nusiness No. g trlct and a amending City a Fee lied lutlan No. 21952 the Comprehensive Fee Schedule. REVIEW OF INFORMATION:The staff ieporr and other supporting documents regarding [hi:' Is --.�---.........- _---r.,�--� available loi public review at City Hall botwccn All in the year 2007 the hour:' of 5:00 a m. snd 5.0 p m. Monday Y through Friday. Ploasa conl5el the 011ice of the City uleik at (/60)323-8204 if you would Ilkc la schedule an appointment to review these dace• I Certify(or declare)under penalty of perjury that the mi foregoing i3 true and collect. COMMENT ON THE PROPOSED PARK FEES; Response to till,notice may be made verbally at me Punlic Hearing and/or In writing before the Dated at Palm S rin s California this—22"',—da hcadnq, written comments may be made to the p g , y city Council by letter (for mail or hand delivery) to, of----- Au at ---- ,2007 _ dames Thompson city Clerk ' _ zonn r_ T:d+qui=Za en_Way—.--- �l Palm Springs, CA U2262 Any ch:dlrngii of the proposed In court may be limited to raising cnl irioen Issues raised at ilia Y public hearing described in this noliro,or in writ- fen correspondence delivered to the City Clcrt it, or prior,to the public hearing. (Government Codur a An opportunity will be given at sale hearing for all Interested persona to be heard.Ouostions rutivd- Inn lgls case maybe directed to Thomas Wi son, (760j ant 011y0Mariager - Development Services 51 necesrta syuda con esta calla,parfavor Ilamo a la Ciudad it,, Palm Sprinp y puede hablar con I-'I, I A i(y � u� Nadine Farrar VANOnc (7 0)323-9245. i James Thompson, City Clerk Pudliuri 0/42/2007 Ill, *i ir0]7 v i7 it v I : ' / I +'Nx .r'1 IJ,,O �10 I4uilJi nt Thomas J. Wilson.Asslslant City\-4anager AUQUSt 27, 2007 ui Soulheni hlLnNr1 1••nr7440n L.hifi+rui.v City of Palm Springs s-o ti:,n rrld t , - James Thompson. City Clerk Srin, 3200 East Tahquitz Canyon Way Palm 1)er rr,Cshloi ma Sr-'Y1 I Palm Springs. 92262 '°0 3o0 2't,o f.n-6(17-3 3.3-) +�a u Dix:ICi up:cr.;.om Dear Mr. Wilson. ! )l.tii 11 gUcinCisen rr torn Thank you for providing the Building Industry Association, Desert Chapter with the Draft Resolution to Amend Resolution No. 21952. the Comprehensive Fee Schedule. We understand that the City- of Palm Springs is interested in developing multipurpose projects in the Central Business District with some incentives, but ncc manner in which the City- suggests to do this leaves a shortfall in fees for park construction. There is no mention as to what would be the shortfall. Without the City offsetting this loss, from other funds or revenue streams, imposes an undue strain on single family residential construction. The current fee for parks is based on. among other things, a shared burden of costs for parks based on population. Whether or not the City determines, at a later date. to impose a higher fee to single family residential construction to offset the loss is yet to be seen- But, if the City maintains the current course.those That pay -full fare' will receive less park for their buck: a reduced level of service standard. This was not identified when the City adopted the Park Land and In-Lieu Fee Ordinance in 2003. To unfairly burden with an excessive fee or reduce facilities to one group paying 'full fare' is a violation of the 1Vlitiganon Fee .act- In the end one group of the new population will not receive what they paid for. The Building Industry Association requests that the City of Palm Springs withdraw from pursuing this resolution amendment and seek alternative incentives to entice multipurpose development in the Central Business District. Sincerely. Fred Ben Executive DirecTor cc: City Manager David Ready Mayor and City Council \11M-pli:11,of the v:❑ionaltiw!alon,or l Iona Blitldrr•.oiJ IlW('.I I i Gmmr 6widinv Lvl I i.i r. \.eucial ion OO OV