HomeMy WebLinkAbout24513 RESOLUTION NO. 24513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING WAIVER
OF FEES FOR ENCROACHMENT PERMITS ISSUED TO
PROPERTY OWNERS PERFORMING REPAIRS TO CITY
STREETS AND SIDEWALKS ADJACENT TO THEIR
PROPERTY
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES:
A. Section 93.19.00 "Property Maintenance Standards" of the City of Palm Springs
Zoning Code establishes that: (1) the economic welfare, residential attractiveness and
community character of Palm Springs are attributable to its unique aesthetic features and
setting, and that proper maintenance of properties is necessary to protect the welfare,
attractiveness and character of the community; (2) a standard of maintenance guards
against unsafe and unhealthful conditions which can cause neighborhood deterioration;
and (3) to insure a proper standard of maintenance, all properties in the city, including all
areas between the extensions of side property lines to the centerline of adjacent streets,
are subject to specific property maintenance standards. Paragraph 3 of Section 93.19.00
establishes property maintenance standards applicable to paving material (including
walkways) which provide a smooth, unbroken surface, unbroken curbs and gutters.
B. Division 7, Part 3, Chapter 22 of the California Streets and Highways Code
establishes regulations for the maintenance of sidewalks. Section 5610 of the California
Streets and Highways Code imposes a legal obligation on property owners to maintain
public sidewalks, and requires that the owners of lots or portions of lots fronting on any
portion of a public street or place when that street or place is improved or if and when the
area between the property line of the adjacent property and the street line is maintained
as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk
will not endanger persons or property and maintain it in a condition which will not interfere
with the public convenience in the use of those works or areas save and except as to
those conditions created or maintained in, upon, along, or in connection with such
sidewalk by any person other than the owner, under and by virtue of any permit or right
granted to him by law or by the city authorities in charge thereof, and such persons shall
be under a like duty in relation thereto.
C. Chapter 14.16 of the City of Palm Springs Municipal Code establishes regulations
related to performing any work within the City's right-of-way, including constructing,
placing, or maintaining any pathway, sidewalk, driveway, or other surfacing. Section
14.16.120 establishes that before a permit is issued the applicant shall deposit with the
city cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges
for field investigation, and the fee for necessary inspection, all in accordance with the fee
schedule established and adopted by the city council.
Resolution No. 24513
Page 2
D. The City Council has adopted a Comprehensive Fee Schedule for Fiscal Year
2018-2019 pursuant to Resolution No. 24408 on May 2, 2018, effective July 2, 2018,
which has adopted a fee for Construction Permits, including an Administration Permit
(Microfilming Fee) of $35.82, and Public Improvements (Encroachment Permit) based on
valuation of the work of $332.43 for work valued up to and not exceeding $2,000, or an
Engineering Special Purpose Fee of $157.82 per hour for miscellaneous inspections.
E. The City's Code Enforcement Division is obligated to ensure property owners'
compliance with various City regulations, including Section 93.19.00 of the Zoning Code,
and has issued Notices of Violation from time to time to owners of property with uplifted,
broken, or uneven sidewalks or street improvements, requiring the property owner to
perform repairs in accordance with applicable City regulations.
F. Section 200 of the Palm Springs City Charter vests the City Council with all legal
authority and powers necessary to protect the health, safety, and general welfare of all of
the citizens of the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . The findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Resolution.
SECTION 2. The City Council hereby authorizes the waiver of fees related to
Construction Permits issued by the Engineering Department to individual property owners
directed to repair public sidewalks or street improvements pursuant to a Notice of
Violation issued by the City, or to individual property owners voluntarily electing to
proceed with repair of public sidewalks or street improvements adjacent to their property.
SECTION 3. It is the express intention of this Resolution to waive fees to individual
property owners as identified in Section 2. The City Council excludes from this fee waiver
any fees for Construction Permits issued to property owners completing public street
improvements in accordance with a discretionary land use entitlement or administrative
approval affecting their property. Except as expressly provided for in this Resolution, all
fees associated with Construction Permits shall remain in full force and effect.
Resolution No. 24513
Page 3
ADOPTED THIS 14TH DAY OF NOVEMBER, 2018.
David H. Ready, Esq., Ph.
City Manager
ATTEST:
Anthony J. ,
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24513 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 the 14'h day of
November, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern 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 1-14'-- day of IY,
nthony J. M is
City Clerk