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Home My WebLink About1/15/2014 - STAFF REPORTS - 2.D. ;OF ppLM Sp4 �Z c V N R ,o ORN�P City Council Staff Report cQ�rF DATE: January 15, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1837 AMENDING THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1837. RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1837, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRPAH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES." STAFF ANALYSIS: On December 18, 2013, Ordinance No. 1837 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text, introduce by title only, and introduce on first reading Ordinance No. 1837, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRAPH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES." Motion Councilmember Lewin, seconded by Councilmember Mills and unanimously carried on a roll call vote. Item No. 2 . D . ADOPTION OF ORDINANCE NOS. 1837 January 15, 2014 Page 2 of 2 AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. s mes Thompson David H. Ready, E City Clerk City Manager /kd h Attachment: Ordinance No. 1837 02 ORDINANCE NO. 1837 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRPAH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES. City Attorney Summary This Ordinance exempts solar energy systems included as a part of a development project or added to existing structures or improvements from public arts fees requirements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS, DECLARES, AND DETERMINES: A. The City Council reaffirms its previous findings and purposes in enacting and implementing Chapter 3.37 of the Palm Springs Municipal Code regarding the City of Palm Springs Public Arts Fee, Fund and Program. B. The City Council supports renewal energy, including the use of solar to reduce onsite utility consumption, and acknowledges its benefits. The City Council desires to exempt solar energy system installations included as an integral part of new building projects or added to existing structures from public arts fees, to encourage the addition of renewable energy to existing and new projects. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The following Definition is added to Section 3.37.030 of the Palm Springs Municipal Code: "Solar Energy System" means a system which is an accessory use added to any residential, commercial, industrial, or public structure, for the purpose of providing solar energy to generate onsite electric power, heating, cooling, or water heating. SECTION 2. Paragraph (9) is added to Subsection (b) of Section 3.37.050 of the Palm Springs Municipal Code(as an exception to the public arts program requirements)to read: (9) The valuation added to works of construction and rehabilitation for existing residential, commercial, and industrial construction for an onsite Solar Energy System. SECTION 3. The City Clerk is authorized and directed to modify the Comprehensive Fee Schedule. SECTION 4. Nothing contained in this Ordinance shall be deemed to create any new fee or charge, or increase any existing fee or charge, to which the procedures specified in Section 66017 of the California Government Code would be applicable. 03 Ordinance No. Page 2 SECTION 5. 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, this Ordinance shall be deemed invalid. The City Council here declares that it would not have adopted this Ordinance if any of the sections or provision thereof may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. 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, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15T" DAY OF JANUARY, 2014. STEPHEN P. POUGNET, 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 December 18, 2013, and adopted at a regular meeting of the City Council held on January 15, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 04 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: January 15, 2014 Subject: Ordinance No. 1837 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on January 30, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary were 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 January 29, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. \W Kathie Hart, MMC Chief Deputy City Clerk a The Desert sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-7784578/Fax 760-778-4731 - State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000404164 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 1/25/2014 �`` ";N4A7I61HA.MCE1 .1 .pp. �4.; I If A, DINQ S'd071 ( �t1CaNa PA PAH of If K 'a acknowledge that I am a principal clerk of the printer ofThe Desert Sun, printed and published weekly in the City " of Palm Springs, County of Riverside, State of California. i` F hipldysuael. The Desert Sun was adjudicated a newspaper of general tlms or' EN circulation on March 24, 1988 by the Superior Court of the I x ='��r nts. County of Riverside, State of California Case No. I j ;'K,' TfF1¢°ATioN, - 19123& I } I declare under penalty of perjury that the foregoing is true o a tifi,, and correct. E ted on this 25th day of January, 2014 in - Palm Spri s,Califo ia. Declar e>�$igrfature - s x ORDINANCE NO. 1837 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRPAH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES. City Attorney Summary This Ordinance exempts solar energy systems included as a part of a development project or added to existing structures or improvements from public arts fees requirements. 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. 1837 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 18, 2013, and adopted at a regular meeting of the City Council held on January 15, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1837 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRPAH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES. City Attomey Summary This Ordinance exempts solar energy systems included as a part of a development project or added to existing structures or improvements from public arts fees requirements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS, DECLARES, AND DETERMINES: A. The City Council reaffirms its previous findings and purposes in enacting and implementing Chapter 3.37 of the Palm Springs Municipal Code regarding the City of Palm Springs Public Arts Fee, Fund and Program. B. The City Council supports renewal energy, including the use of solar to reduce onsite utility consumption, and acknowledges its benefits. The City Council desires to exempt solar energy system installations included as an integral part of new building projects or added to existing structures from public arts fees, to encourage the addition of renewable energy to existing and new projects. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The following Definition is added to Section 3.37.030 of the Palm Springs Municipal Code: "Solar Energy System" means a system which is an accessory use added to any residential, commercial, industrial, or public structure, for the purpose of providing solar energy to generate onsite electric power, heating, cooling, or water heating. SECTION 2. Paragraph (9) is added to Subsection (b) of Section 3.37.050 of the Palm Springs Municipal Code(as an exception to the public arts program requirements)to read: (9) The valuation added to works of construction and rehabilitation for existing residential, commercial, and industrial construction for an onsite Solar Energy System. SECTION 3. The City Clerk is authorized and directed to modify the Comprehensive Fee Schedule. SECTION 4. Nothing contained in this Ordinance shall be deemed to create any new fee or charge, or increase any existing fee or charge, to which the procedures Ordinance No. 1837 Page 2 specified in Section 66017 of the California Government Code would be applicable. SECTION 5. 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, this Ordinance shall be deemed invalid. The City Council here declares that it would not have adopted this Ordinance if any of the sections or provision thereof may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. 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, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15T" DAY OF JANUARY, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1837 Page 3 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. 1837 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 18, 2013, and adopted at a regular meeting of the City Council held on January 15, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 I..`-1 State Of California ns Y, l t _ County of Riverside `I CIj'/ CL77',<�- Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000404164 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 1/25/2014 No 0136 - ORDINANCE 140.1837 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA AMENDING SECTION 3 37 030 dF,AND ADDING PARAGRPAH V)TO SUBSECTION 1eI OF SECTION 33705500 OF, THE PALM SPRINGS MUNICIPAL CODE I acknowledge that I am aprincipal clerk Of the printer of EXEMPTING CERTAIN ON SITE SOLAR IM- PROVEMENTS P PROVEMENTS FROM PUBLIC ARTS FEES The Desert Sun, printed and published weekly in the City city Attorney summery of Palm Springs, County of Riverside, State of California. t This Ordinance exempts solar energy systems cluded as a part of a development project or add- n The Desert Sun was adjudicated a newspaper of general I ,(ad to'exishng structures or improvements from circulation on March 24, 1988by the Superior Court of the '.publicarfsfees requirements County of Riverside, State of California Case No. - !CERTIFICATION: 191236. ;STATE OF CALIFORNIA COUNTY OF RIyERSIDE )) -as. CITY OF PALM SPRINGS 7 I declare under penally of perjury that the foregoing is true DAMES THOMPSON Ci Clerk of the Co of �algl Springs California doTgrebycartN that Or- dinance No 1837 is a full,true and correct cu7y, and correct. E fed on this 25th day of January, 2014 in `and was Introduced at a reeppuler maeun9g of the .PalmI rings City Council one, ember l8 2013. Palm Spri s, Califo ia. 'and..atleptetl eta regular meeting of itha City' :Council held,on Jawary 152014,_by the forbWing Vote rAV�S % Coundlmember Foef;Councilmenlber -. {;Lewin Councilmbmbet Mills, 'Ma PYb Tem Hutcheson end Mayor Pou9net 43 NOES Nona f IABSTA N Nona F ppt .` 'DAMES THOMPSON CfiY CLER I Declar ature l (/� f ", Gf Palm Springs Celdornia .I 1.�J 1� fi [�Publis¢ed 7Y2�/14, _ s