HomeMy WebLinkAbout23040 RESOLUTION NO. 23040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING AN IN-
LIEU PARKING FEE INCENTIVE PROGRAM IN THE
CENTRAL BUSINESS DISTRICT AREA AS ESTABLISHED
BY RESOLUTION NO. 21578, AS AMENDED
(COMPREHENSIVE FEE SCHEDULE).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The City Council of the City of Palm Springs recognized that properties in
the City's Central Business District (CBD Zone) have a unique difficulty meeting the
parking requirements of the Zoning Code because the downtown area is characterized
by lot subdivisions and development which pre-date the advent of automobile travel,
and adopted Section 93.06.00 of the Zoning Code to establish an In-Lieu Parking Fee.
B. The current in-lieu parking fee program is available to properties in the
CBD Zone, and Resolution No. 21578, as amended, (Comprehensive Fee Schedule)
establishes in-lieu parking fees at $12,867 per space between Ramon Road and
Tahquitz Canyon Way and $2,145 per space between Tahquitz Canyon Way and Alejo
Road.
C. The City of Palm Springs relies on new development and redevelopment
in the City, including the Central Business Zone to stimulate the local economy and
provide direct and indirect benefits to the City and its residents and businesses by
creating jobs, and new tax bases and revenues to the community,
D. Due to recent adverse changes in economic conditions throughout the
nation, including the City of Palm Springs, construction of development projects
previously approved, or in the process of being approved, by the City of Palm Springs
have slowed down due to such economic conditions.
E. The City Council has determined due to the economic conditions and
investment climate in the downtown area, a temporary change to the program through
an incentive program temporarily reducing in-lieu parking fees can spur development.
F. All of the findings and determinations made herein were based upon
careful consideration and analysis of all relevant evidence.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Notwithstanding any provision within Resolution No. 21578 to the
contrary, for any project in the CBD Zone subject to the in-lieu parking requirements that
receives a building permit within the period of November 20, 2011, and December 31,
Resolution No. 23040
Page 2
2012, the in-lieu parking fee shall be in the amount of $2,145 per space. Parking
Spaces in existence on the date of this Resolution shall not be eliminated or reduced as
a result of such project.
SECTION 2. All in-lieu parking fees due for any such project shall be eligible for
a deferred payment program, whereby no payment shall be due at permit issuance or
for the first year after issuance, with 25% of the payment due each year after the end of
the first year, for the next four years.
SECTION 3. The deferral of fees pursuant to Section 2 of this Resolution shall
be evidenced and secured by a covenant and payment schedule recorded against the
property on which the eligible project is located, approved by the property owner. Such
covenant shall be released upon full payment of the in-lieu fees.
SECTION 4. DEFERRAL OF COST INDEX INFLATORS.
Notwithstanding any other provision in Subsection D of Section 2 of Resolution
No. 21578, as amended, adopting a comprehensive fee schedule, the City Manager
shall not adjust Parking In-.Lieu fee as provided in Section 1 of this Resolution by the
cost index inflator.
SECTION 5. This Resolution shall automatically expire and be of no force and
effect on December 31, 2012, unless the City Council shall have first acted to extend or
otherwise alter the provisions of this Resolution prior to that time.
SECTION 6. Nothing contained in this Resolution shall be deemed to authorize
or permit the deferral of payment of any fee or charge imposed within the City except
for those Fees expressly enumerated in Sections 1 and 2 of this Resolution.
SECTION 7. Nothing contained in this Resolution shall be deemed to create any
new fee or charge, or increase of any existing fee or charge, to which the procedures
specified in Section 66017 of the Government Code of the State of California would be
applicable.
SECTION 8. If any section or provision of this Resolution 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 Resolution shall be deemed invalid. The
City Council hereby declares that it would not have adopted this Resolution if any of the
sections or provisions thereof may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 9. The City Manager or his designee is hereby authorized to execute
all necessary documents to implement and administer this Program.
Resolution No. 23040
Page 3
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 19TH DAY OF OCTOBER, 2011.
DAVID H. READ MANAGER
ATTEST:
MES 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, hereby
certify that Resolution No. 23040 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 October 19,
2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California µ/6y`�jYf