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DATE: July 6, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1794, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE
FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN
ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1794.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.95 OF
THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT
MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS
IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN."
STAFF ANALYSIS:
At its June 15, 2011, meeting Ordinance No. 1794 was introduced for first reading
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 8.95 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN " by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Item No. 2 . F .
ADOPTION OF PROPOSED ORDINANCE NO. 1794
July 6, 2011
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the ordinance.
This Ordinance shall take effect September 1, 2011, however; in no event shall this
Ordinance take effect prior to sixty (60) days after the date of its adoption.
mes Thompson David H. Read D.
City Clerk City Manage
lkdh
Attachment: Ordinance No. 1794
I? �
PROPOSED ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
8.95 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING A LOCAL DEVELOPMENT MITIGATION
FEE FOR FUNDING THE PRESERVATION OF NATURAL
ECOSYSTEMS IN ACCORDANCE WITH THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN.
City Attorney's Summary
This Ordinance amends and restates a mitigation fee program that will
require new development to fund a portion of the cost of administering
and implementing the Multiple Species Habitat Conservation Plan,
including the acquisition and conservation of private land.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS;
A. The ecosystems of the City, the Coachella Valley and surrounding
mountains located in central Riverside County, and the vegetation communities and
sensitive species they support are fragile, irreplaceable resources that are vital to the
general welfare of all residents.
B. These vegetation communities and natural areas contain habitat value
which contributes to the City's and the region's environmental resources.
C. Special protections and conservation goals for these vegetation
communities and natural areas have been established to prevent future endangerment
of the plant and animal species that are dependent upon them, all as more specifically
set out in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural
Community Conservation Plan ("MSHCP").
D. The MSHCP was adopted by the City Council on October 3, 2008 and the
associated Implementing Agreement was executed by the City Council on October 3,
2007, to preserve the ability of affected property owners to make reasonable use of their
land consistent with the requirements of applicable laws, which could include the
National Environmental Policy Act ("NEPA"), the California Environmental Quality Act
("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered
Species Act ("CESK) and the California Natural Community Conservation Planning Act
(NCCP Act").
I�
Ordinance No. 1794
Page 2
E. In order to further the purposes of the MSHCP, the City previously
established a Local Development Mitigation Fee to assist in the maintenance of
biological diversity and the natural ecosystem processes that support this diversity; the
protection of vegetation communities and natural areas within the City, Coachella Valley
and surrounding mountains located in central Riverside County which are known to
support threatened, endangered or key sensitive populations of plant and wildlife
species; the maintenance of economic development within the City by providing a
streamlined regulatory process from which development can proceed in an orderly
process; and the protection of the existing character of the City and the region through
the implementation of a system of reserves which will provide for permanent open
space, community edges and habitat conservation for species covered by the MSHCP;
F. The findings and studies upon which the Local Development Mitigation
Fee was originally based, including the estimated acquisition costs for such property,
conservation of those properties in perpetuity as required under the MSHCP and the
growth projections for new development have now been updated to reflect the current
market conditions, as set forth in the mitigation fee Nexus report dated May 16, 2011
that was prepared at the direction of the Coachella Valley Conservation Commission
("Commission"), a copy of which is on file in the City Clerk's office;
G. Pursuant to Article 11, Section 7 of the California Constitution, the City is
authorized to enact measures that protect the health, safety and welfare of its citizens.
H. Pursuant to the Mitigation Fee Act, Government Code sections 66000 et
seq., the City is empowered to impose and modify fees and other exactions to provide
funding of public facilities in the form of acquired habitat land preserved as a community
amenity, and the public services required for conservation of this land in perpetuity in
order to mitigate the effect of new development projects.
I. All environmental impacts associated with the acquisition and
conservation of lands were fully and thoroughly analyzed within the Environmental
Impact Report/Environmental Impact Statement prepared and certified for the MSHCP,
and the City Council made all appropriate environmental findings at the time that the
MSHCP and the associated Implementing Agreement were approved on October 3
2007. Accordingly, and pursuant to Public Resources Code section 21166 and State
CEQA Guidelines section 15162, no further environmental analysis is required.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 8.95 of the Palm Springs Municipal Code is amended and
restated to read:
04
Ordinance No. 1794
Page 3
Chapter 8.95
MSHCP MITIGATION FEE
Sections
8.95.010 Short Title
8.95.020 Findings
8.95.030 Administrative Authority
8.95.040 Definitions
8.95.050 Mitigation Fee
8.95.070 Payment of the Mitigation Fee
8.95.060 Imposition of the Mitigation Fee
8.95.080 Refunds
8.95.090 Accounting and Disbursement of Collected Mitigation Fees
8.95.100 Automatic Annual Fee Adjustment
8.95.110 Exemptions
8.95.120 Fee Credits and Waivers
8.95.010 Short Title.
This Chapter shall be known as the "Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan Mitigation Fee Ordinance."
8.95.020 Findings.
The City Council finds and determines:
A. In order to realize the goals and objectives of the Coachella Valley Multiple
Species Habitat Conservation Plan/Natural Community Conservation Plan
("MSHCP") and to mitigate the impacts caused by new development in the City,
lands supporting species covered by the MSHCP must be acquired, monitored
and managed in order to achieve habitat conservation in perpetuity.
B. The Local Development Mitigation Fee (the "Fee") is necessary in order to
supplement the financing of the acquisition of lands supporting species covered
by the MSHCP and related public services, and to pay for new development's fair
share of the cost of acquisition and perpetual conservation.
C. The appropriate source of funding for the costs associated with mitigating the
impacts of new development to the natural ecosystems and covered species
within the City, as identified in the MSHCP, is a fee paid for by residential,
commercial and industrial development. The amount of the Fee is determined by
the nature and extent of the impacts from the development to the identified
natural ecosystems and the relative cost of mitigating such impacts.
D. The Fee does not reflect the entire cost of the lands which need to be acquired
and perpetually conserved in order to implement the MSHCP and mitigate the
05
Ordinance No. 1794
Page 4
impact caused by new development. Additional revenues will be required from
other sources. The City finds that the benefit to each development project is
greater than the amount of the Fee to be paid by that project.
E. The use of the Fee is apportioned relative to the type and extent of impacts
caused by the development.
F. The costs of funding the proper mitigation for natural ecosystems and covered
species identified in the MSHCP which are impacted by new development are
apportioned relative to the type and extent of impacts caused by the
development.
G. The facts and evidence provided to and considered by the City Council establish
that there is a reasonable relationship between the need for acquiring and
conserving in perpetuity the natural ecosystems and covered species identified in
the MSHCP, and the impacts to such natural ecosystems and species created by
the types of development on which the Fee will be imposed; and that there is a
reasonable relationship between the Fee's use and the types of development for
which the Fee is charged. This reasonable relationship is described in more
detail in the mitigation fee nexus report.
H. The fees collected pursuant to this Ordinance are reasonable and will not exceed
the estimated total cost of the acquisition and perpetual conservation of the lands
necessary to protect natural ecosystems and covered species, the plan and
schedules for which are set forth in the MSHCP. Conservation of the land shall
require monitoring and management beyond the life of the MSHCHP permit.
I. The Fee shall be used to finance the acquisition and perpetual conservation of
lands and certain improvements necessary to implement the goals and
objectives of the MSHCP
8,95.030 Administrative Responsibility.
The City Manager shall be responsible for the administration of this Chapter and
shall have the authority to adopt administrative procedures consistent with the
provisions of this Chapter for the purpose of implementing the provisions of this
Chapter.
8.95.040 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
"Certificate of Occupancy" means a Certificate of Occupancy issued by the City
in accordance with all applicable ordinances, regulations, and rules of the City and state
law or such other authorization of the City's Building Official allowing a building to be
occupied.
Ordinance No, 1794
Page 5
"City" means the City of Palm Springs, California.
"City Manager" means the City Manager of the City or the City Manager's
designee.
"Commission" means the Coachella Valley Conservation Commission (CVCC),
the governing body established pursuant to the MSHCP that is delegated the authority
to oversee and implement the provisions of the MSHCP.
"Conservation" means all the actions necessary for the permanent protection of
species, natural communities, and habitat land as required of the Coachella Valley
Conservation Commission under the MSHCP including land acquisition, land
management, biological monitoring, law enforcement and administration.
"Conservation Areas" has the same meaning and intent as such term is defined
and utilized in the MSHCP.
"Credit" means a Credit allowed pursuant to Section 11 of this Chapter, which
may be applied against the Fee paid.
"Development Project" means any project undertaken for the purpose of
development pursuant to the issuance of a building permit by the City pursuant to all
applicable ordinances, regulations, and rules of the City and state law.
"Development Project Area" means the area, measured in acres, from the
adjacent road right-of-way line to the limits of project improvements. Development
Project Area includes all project improvements and areas that are disturbed as a result
of the project improvements on an owner's Gross Acreage, including all areas depicted
on the forms required to be submitted to the City pursuant to this Chapter and/or other
applicable development ordinance or regulation of the City. Except as otherwise
provided herein, the Development Project Area is the area upon which the project will
be assessed the Mitigation Fee.
"Fee" means the Local Development Mitigation Fee adopted pursuant to the
Mitigation Fee Act, Governmental Code Section 66000 et seq.
"Final Inspection" means a Final Inspection of a Development Project as defined
by the building codes of the City.
"Gross Acreage" means the total property area as shown on a land division map
of record, or described through a recorded legal description of the property. This area
shall be bounded by road right-of-way and/or legal property lines.
"Local Development Mitigation Fee" or "Fee" means the development impact fee
imposed pursuant to the provisions of this Chapter.
17
Ordinance No. 1794
Page 6
"Multiple Species Habitat Conservation Plan" or "MSHCP" means the Coachella
Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation
Plan, adopted by the City Council on October 3, 2007, and as may be amended from
time to time.
"Ordinance" means this Ordinance No. 1734 of the City of Palm Springs,
California.
"Project" means any project undertaken pursuant to the issuance of a building
permit or any other approval, ministerial or discretionary development permit, by the
City as required by the applicable ordinances, regulations, and rules of the City and
state law. Projects undertaken by or on behalf of the City are subject to the Fee.
"Project Area" means the area, measured in acres, from the adjacent road right-
of-way line to the limits of project improvements. Project Area includes all project
improvements and areas that are disturbed as a result of the project improvements on
an owner's Gross Acreage, including all areas depicted on the forms required to be
submitted to the City pursuant to this Ordinance and/or other applicable development
ordinance or regulation of the City.
"Residential Unit" means a building or portion thereof used by one family and
containing but one kitchen, which unit is designed or occupied for residential purposes,
including single-family dwelling, multiple-family dwellings, and mobile homes on
permanent foundations, but not including hotels and motels.
"Revenue" or "Revenues" means any funds received by the City pursuant to the
provisions of this Chapter for the purpose of defraying all or a portion of the cost of
acquiring and perpetually conserving vegetation communities and natural areas within
the City and the region which are known to support threatened, endangered or key
sensitive populations of plant and wildlife species.
8.95.050 Local Development Mitigation Fee.
A. To assist in providing Revenue for the Conservation of lands necessary to
implement the MSHCP, the Fee shall be paid for each Project, or portion thereof, to be
constructed within the City.
Five categories of the Fee are defined and include: (1) residential units, density
less that 8.0 dwelling units per acre; (2) residential units, density between 8.1 and 14.0
dwelling units per acre; (3) residential units, density greater than 14.1 dwelling units per
acre; (4) commercial acreage; and (5) industrial acreage. Because there can be mixed
traditional commercial, industrial and residential uses within the same project, for Fee
assessment purposes only, the Fee which is applicable to commercial or industrial
Projects shall be calculated by reference to the Project Area of each parcel upon which
the commercial or industrial portions shall be sited. If the mixed use includes Residential
Units, the Fee applicable to the parcels upon which Residential Units are to be sited
Ordinance No. 1794
Page 7
shall be calculated by reference to the appropriate residential fee category. If the mixed
use occurs on the same parcel, the Fee which is applicable to commercial or industrial
projects shall be calculated by reference to the Project Area of the parcel. A fee
schedule which contains the Fee which is applicable to each of the five Fee categories
shall be adopted and may, from time to time, be amended by resolution ("Resolution").
The amount of the Fee required to be paid for a commercial or industrial Project
shall be based on the Project Area, as calculated by City staff based on the subdivision
map, plot plan, and/or other information submitted to or required by the City.
8.95.060 Imposition of the Mitigation Fee.
Notwithstanding any other provision of the City's Municipal Code, no permit shall
be issued for any Development Project except upon the condition that the Mitigation
Fee applicable to such Development Project has been paid in accordance with the
provisions of this Chapter.
8.95.070 Payment of the Mitigation Fee.
A. The Fee shall be paid in full at the time of the issuance of a building permit
for the Project; provided, however, that if the City's Municipal Code provides for all fees
assessed pursuant to the Mitigation Fee Act to be collected at a later time, then the Fee
collected pursuant to this Ordinance shall be collected at the same time as that
mandated by the City's Municipal Code for the payment of all such other fees.
B. In no event shall a final inspection be made or a certificate of occupancy
be issued prior to full payment of the Fee.
C. The Fee shall be assessed one time per lot or parcel, except in cases of
the construction of additional Residential Units, subsequent development of portions of
a commercial or industrial parcel for which the Fee was not originally collected, or
changes in land use. The additional Fee required to be paid in the case of such
exceptions shall not include the amount of any previously paid Fee for that parcel. No
refunds shall be provided for changes in land use to a lower Fee category. It shall be
the responsibility of the applicant to provide documentation of any previously paid Fee.
D. The Fee required to be paid under this chapter shall be the Fee in effect at
the time of payment.
E. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Fee shall be paid whether or not the Project is
subject to conditions of approval by the City.
F. If all or part of the Project is sold prior to payment of the Fee, the Project
shall continue to be subject to the requirement to pay the Fee as provided herein.
�9
Ordinance No. 1794
Page 8
G. For Projects which the City does not require a permit, final inspection or
issuance of a certificate of occupancy, the Fee shall be paid prior to any use or
occupancy.
H. For purposes of this Ordinance, congregate care residential facilities and
recreational vehicle parks shall pay the commercial acreage Fee.
8.95.080 Refunds.
A. There shall be no refund of all or part of any Mitigation Fee paid under this
Chapter, except in cases of overpayment or miscalculation of the
applicable Fee. Only in cases of overpayment or miscalculation of the Fee
will the person or entity that paid the Mitigation Fee be entitled to a refund.
B. Collection of the fee associated with the Fringe-toed Lizard Habitat
Conservation Plan (FTLHCP) ceased upon issuance of the MSHCP
permit. Projects that paid the FTLHCP fee are required to pay the Local
Development Mitigation Fee, but may obtain a refund of the FTLHCP fee
from CVCC. Refunds shall be granted subject to the rules and regulations
established by the Coachella Valley Conservation Commission.
8.95.090 Collection, Accounting and Disbursement of Local Development Mitigation
Fees.
A. Subject to the provisions of this section, all Fees collected pursuant to this
Ordinance shall be collected, administered and remitted for deposit into the account
established therefor, to the Commission in compliance with all applicable policies and
procedures of the Commission monthly. The Fees will be expended solely for the
purpose of Conservation of the vegetation communities and natural areas within the
City and the region which support species covered in the MSHCP in accordance with
the plan and schedules set out in the MSHCP and the policies that have or may be
adopted pursuant thereto.
B. The City may recover the costs of administering the provisions of this
Ordinance using the Revenues generated by the Fees, in an amount and subject to the
rules and regulations established by the Commission.
8.95.100 Automatic Annual Fee Adjustment.
The Fee established by this Chapter shall be revised annually by means of an
automatic adjustment at the beginning of each fiscal year based on the average
percentage change over the previous calendar year set forth in the Consumer Price
Index for "All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area,
measured as of the month of December in the calendar year which ends in the previous
fiscal year. The first Fee adjustment shall not be made prior to a minimum of ten (10)
months subsequent to the effective date of this Chapter. The Fee, as revised annually,
10
Ordinance No. 1794
Page 9
shall be compiled by the Director of Finance and shall be included in an annual report to
the City Council pertaining to the accounting for the MSHCP Fee as required by
Government Code section 66006.
8.95.110 Exemptions.
The following types of construction shall be exempt from the provisions of this
Chapter:
A. Reconstruction of a residential unit or commercial or industrial building
damaged or destroyed by fire or other natural causes.
B. Rehabilitation or remodeling to an existing residential unit, commercial or
industrial building, and additions to an existing residential unit or commercial or
industrial building.
C. A second Residential Unit, constructed on residential property previously
developed with a single-family dwelling, and meeting all state and City requirements for
such units.
D. Existing improvements that are converted from an existing permitted use
to a different permitted use, provided that no additional area of the property is disturbed
as a result of such conversion.
E. Projects for which the City is restrained by law from collecting the Fee due
to a Development Agreement or vested tentative map entered into with or issued by the
City prior to October 1, 2008.
F. Construction of a family residential unit upon property wherein a mobile-
home, installed pursuant to an installation permit, was previously located prior to the
effect date of this Ordinance.
G. Guest dwellings as defined by the Palm Springs Zoning Code, constructed
on residential property previously developed with a single-family dwelling.
H. Additional single family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications set forth in the Palm
Springs Zoning Code.
I. Kennels and Catteries established in connection with an existing single
family Residential Unit and as defined in the Palm Springs Zoning Code.
J. Projects are exempt from paying the fee provided they meet each of the
following three conditions:
1. Completion of required infrastructure improvements including, but
� 1
Ordinance No. 1794
Page 10
not limited to, underground utilities, exterior project area walls,
streets and curbs and issuance of at least one building permit for a
discrete primary structure, such as a single family home, prior to
October 1, 2008 (date of MSHCP Permit Approval).
2. Continuous construction activity since October 1, 2008 as
demonstrated by issuance of a building permit for a discrete
primary structure and/or a certificate of occupancy permit for a
discrete primary structure in each six month period between
October 1, 2008 and April 1, 2011.
3. City registration of the Project and proposed lots to be exempted, in
accordance with CVCC procedures, by September 1, 2011.
Projects not meeting the standard exemption criteria above, that
made verifiable payments, as part of a legal settlement, to
specifically fund acquisition of habitat for a species listed as
"endangered" under the federal Endangered Species Act are
required to pay the LDMF but are eligible to receive a refund, on a
pro rata per acre basis based on the actual acreage being
assessed the LDMF. Any such Projects and proposed lots to be
exempted must be registered in accordance with CVCC procedures
by September 1, 2011.
8.95.120 Fee Credits and Waivers.
The City may grant to owners or developers of real property, a Credit against the Fee
that would otherwise be charged pursuant to this Ordinance, for the dedication of land
within a MSHCP Conservation Area, provided, however, that no Credit shall be given
unless (A) the dedication is secured by a conservation easement acceptable to a
grantee legally authorized to accept and hold such easements pursuant to Civil Code §
815.3 or pursuant to other legal instrument that ensures the area will be conserved in
perpetuity; (B) the land to be dedicated is appropriate for conservation and dedication
thereof is consistent with and furthers the goals of the MSHCP; and (C) the dedication
and Credit complies with all procedures and policies of the Commission. The amount of
the Credit granted shall be determined by an estimate of the fair market value of the
land dedicated. Any Credit granted by the City shall be given in stated dollar amounts
only.
An applicant for a proposed Project may apply for Credit to reduce the amount of the
Fee required to be paid prior to approval of the Project. Any Credit granted and the
amount of the Fee to be paid shall be included as a condition of approval of the Project.
However, if an applicant has already received approval from the City and has not
previously applied for a Credit to reduce the amount of the Fee required to be paid, an
applicant may apply for such Credit at any time prior to issuance of a grading permit for
the Project and any Credit granted shall in that case be included as a condition of
approval of the grading permit issued for the Project.
12
Ordinance No. 1794
Page 11
SECTION 2. Severability. This Ordinance and the various parts, sections, and
clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid, the remainder of this
Ordinance shall not be affected thereby. If any part, sentence, paragraph, section, or
clause of this Ordinance, or its application to any person entity is adjudged
unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such
part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and
shall not affect or impair any of the remaining provision, parts, sentences, paragraphs,
sections, or clauses of this Ordinance, or its application to other persons or entities. The
City Council hereby declares that this Ordinance would have been adopted had such
unconstitutional or invalid part, sentence, paragraph, section, or clause of this
Ordinance not been included herein; or had such person or entity been expressly
exempted from the application of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall take effect September 1,
2011, however; in no event shall this Ordinance take effect prior to sixty (60) days after
the date of its adoption.
SECTION 4. Amended and Restated. Ordinance 1734 is hereby amended and
restated on the effective date hereof and all prior Ordinances adopting the Local
Development Mitigation Fee are hereby repealed to the extent that they are inconsistent
with the provisions of this Ordinance.
SECTION 5. The Mayor shall sign and the City Clerk is hereby ordered and
directed to codify the passage of the Ordinance, and to cause the same or a summary
thereof to be duly prepared according to law and to be published in accordance with
law.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 67N DAY OF JUNE, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1794
Page 12
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. was introduced at a regular meeting of the
Palm Springs City Council on the 157day of June, 2011, and adopted at a regular
meeting of the City Council held on the 61h day of July, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
14
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: July 6, 2011
Subject: Ordinance 1794
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
July 21, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
1C14dA:Q
Kathie Hart, CIVIC
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 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 July 20, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
k
Kathie Hart, CIVIC
Chief Deputy City Clerk
The Desert Sun Certificate of Publication
750 N Gene Autry Trail RECEIVED
Palm Springs, CA 92262 CITY O F P A S P R i f• G`.
760-778-4578/Fax 760-778-4731
2011 JUL 25 AM 8: 25
JAMES THOHrSO;;
State Of California ss: CITY CLERK
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000271609
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 No 249 -
CITy OF PALM spRl
ORDINANCE No.1794
7/21/2011 AN
CA�IFEORN THE CITY OF PALM
STATING� CHAPTER AMENDING AND RE.
SPRINGS MUNICIpgL 8-95 OF THE
PALM
FUNp ry�EVELOPME MITIGATION FETE FOR THE PRES RVATION OF NATURAL
- ECOSYSTEMS JN q
COACHT C vgLLE MULRDATIPLE WSPECIES
HABITA7 CONSERVA7 N.PLAN
This Ortli City Aadms &Summary p nanm amends
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The Desert Sun, printed and published weekly in the City if'u to
plamendng the of administednp arid kr-
of Palm Springs, County of Riverside, State of California. vatian Plan Ind WWsa��oopla penes HabdpCConsgr-
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JUIY,A71,by theTdbwpc held on the 6M deyof
I declare under penalty of perjury that the foregoing is true ne vde:
AYES: Mantra Fcat, Hutch _
and correct. Executed on this 215t day of July, 2011 in NOES: N aa�M Pro Tern weigM�On•
ABSENT: Ma
Palm Springs,California. ABSTAIN: Maim
JAMES THOMPSON,CITY LERK
City Of Palm Springs,Car
Published:721111
Declarants Sr
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CITY OF PALM SPRINGS
ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
8.95 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING A LOCAL DEVELOPMENT MITIGATION
FEE FOR FUNDING THE PRESERVATION OF NATURAL
ECOSYSTEMS IN ACCORDANCE WITH THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN.
City Attorney's Summary
This Ordinance amends and restates a mitigation fee program that will require new
development to fund a portion of the cost of administering and implementing the
Multiple Species Habitat Conservation Plan, including the acquisition and conservation
of private land.
CERTIFICATION
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1794 was introduced at a regular meeting of the Palm
Springs City Council on the 15th day of June, 2011, and adopted at a regular meeting of
the City Council held on the 6th day of July, 2011, by the following vote:
AYES: Councilmember Foat, Hutcheson, Mills, and Mayor Pro Tem Weigel
NOES: None
ABSENT: Mayor Pougnet
ABSTAIN: None
MES THOMPSO!N, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER
8.95 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING A LOCAL DEVELOPMENT MITIGATION
FEE FOR FUNDING THE PRESERVATION OF NATURAL
ECOSYSTEMS IN ACCORDANCE WITH THE
COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN.
City Attorney's Summary
This Ordinance amends and restates a mitigation fee program that will
require new development to fund a portion of the cost of administering
and implementing the Multiple Species Habitat Conservation Plan,
including the acquisition and conservation of private land.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS;
A. The ecosystems of the City, the Coachella Valley and surrounding
mountains located in central Riverside County, and the vegetation communities and
sensitive species they support are fragile, irreplaceable resources that are vital to the
general welfare of all residents.
B. These vegetation communities and natural areas contain habitat value
which contributes to the City's and the region's environmental resources.
C. Special protections and conservation goals for these vegetation
communities and natural areas have been established to prevent future endangerment
of the plant and animal species that are dependent upon them, all as more specifically
set out in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural
Community Conservation Plan ("MSHCP").
D. The MSHCP was adopted by the City Council on October 3, 2008 and the
associated Implementing Agreement was executed by the City Council on October 3,
2007, to preserve the ability of affected property owners to make reasonable use of their
land consistent with the requirements of applicable laws, which could include the
National Environmental Policy Act ("NEPA"), the California Environmental Quality Act
("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered
Species Act ("CESA") and the California Natural Community Conservation Planning Act
(NCCP Act").
Ordinance No. 1794
Page 2
E. In order to further the purposes of the MSHCP, the City previously
established a Local Development Mitigation Fee to assist in the maintenance of
biological diversity and the natural ecosystem processes that support this diversity; the
protection of vegetation communities and natural areas within the City, Coachella Valley
and surrounding mountains located in central Riverside County which are known to
support threatened, endangered or key sensitive populations of plant and wildlife
species; the maintenance of economic development within the City by providing a
streamlined regulatory process from which development can proceed in an orderly
process; and the protection of the existing character of the City and the region through
the implementation of a system of reserves which will provide for permanent open
space, community edges and habitat conservation for species covered by the MSHCP;
F. The findings and studies upon which the Local Development Mitigation
Fee was originally based, including the estimated acquisition costs for such property,
conservation of those properties in perpetuity as required under the MSHCP and the
growth projections for new development have now been updated to reflect the current
market conditions, as set forth in the mitigation fee Nexus report dated May 16, 2011
that was prepared at the direction of the Coachella Valley Conservation Commission
("Commission"), a copy of which is on file in the City Clerk's office;
G. Pursuant to Article 11, Section 7 of the California Constitution, the City is
authorized to enact measures that protect the health, safety and welfare of its citizens.
H. Pursuant to the Mitigation Fee Act, Government Code sections 66000 et
seq., the City is empowered to impose and modify fees and other exactions to provide
funding of public facilities in the form of acquired habitat land preserved as a community
amenity, and the public services required for conservation of this land in perpetuity in
order to mitigate the effect of new development projects.
I. All environmental impacts associated with the acquisition and
conservation of lands were fully and thoroughly analyzed within the Environmental
Impact Report/Environmental Impact Statement prepared and certified for the MSHCP,
and the City Council made all appropriate environmental findings at the time that the
MSHCP and the associated Implementing Agreement were approved on October 3
2007. Accordingly, and pursuant to Public Resources Code section 21166 and State
CEQA Guidelines section 15162, no further environmental analysis is required.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 8.95 of the Palm Springs Municipal Code is amended and
restated to read:
Ordinance No. 1794
Page 3
Chapter 8.95
MSHCP MITIGATION FEE
Sections
8.95.010 Short Title
8.95.020 Findings
8.95.030 Administrative Authority
8.95.040 Definitions
8.95.050 Mitigation Fee
8.95.070 Payment of the Mitigation Fee
8.95.060 Imposition of the Mitigation Fee
8.95.080 Refunds
8.95.090 Accounting and Disbursement of Collected Mitigation Fees
8.95.100 Automatic Annual Fee Adjustment
8.95.110 Exemptions
8.95.120 Fee Credits and Waivers
8.95.010 Short Title.
This Chapter shall be known as the "Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan Mitigation Fee Ordinance."
8.95.020 Findings.
The City Council finds and determines:
A. In order to realize the goals and objectives of the Coachella Valley Multiple
Species Habitat Conservation Plan/Natural Community Conservation Plan
("MSHCP") and to mitigate the impacts caused by new development in the City,
lands supporting species covered by the MSHCP must be acquired, monitored
and managed in order to achieve habitat conservation in perpetuity.
B. The Local Development Mitigation Fee (the "Fee") is necessary in order to
supplement the financing of the acquisition of lands supporting species covered
by the MSHCP and related public services, and to pay for new development's fair
share of the cost of acquisition and perpetual conservation.
C. The appropriate source of funding for the costs associated with mitigating the
impacts of new development to the natural ecosystems and covered species
within the City, as identified in the MSHCP, is a fee paid for by residential,
commercial and industrial development. The amount of the Fee is determined by
the nature and extent of the impacts from the development to the identified
natural ecosystems and the relative cost of mitigating such impacts.
D. The Fee does not reflect the entire cost of the lands which need to be acquired
and perpetually conserved in order to implement the MSHCP and mitigate the
Ordinance No. 1794
Page 4
impact caused by new development. Additional revenues will be required from
other sources. The City finds that the benefit to each development project is
greater than the amount of the Fee to be paid by that project.
E. The use of the Fee is apportioned relative to the type and extent of impacts
caused by the development.
F. The costs of funding the proper mitigation for natural ecosystems and covered
species identified in the MSHCP which are impacted by new development are
apportioned relative to the type and extent of impacts caused by the
development.
G. The facts and evidence provided to and considered by the City Council establish
that there is a reasonable relationship between the need for acquiring and
conserving in perpetuity the natural ecosystems and covered species identified in
the MSHCP, and the impacts to such natural ecosystems and species created by
the types of development on which the Fee will be imposed; and that there is a
reasonable relationship between the Fee's use and the types of development for
which the Fee is charged. This reasonable relationship is described in more
detail in the mitigation fee nexus report.
H. The fees collected pursuant to this Ordinance are reasonable and will not exceed
the estimated total cost of the acquisition and perpetual conservation of the lands
necessary to protect natural ecosystems and covered species, the plan and
schedules for which are set forth in the MSHCP. Conservation of the land shall
require monitoring and management beyond the life of the MSHCHP permit.
I. The Fee shall be used to finance the acquisition and perpetual conservation of
lands and certain improvements necessary to implement the goals and
objectives of the MSHCP
8.95.030 Administrative Responsibility.
The City Manager shall be responsible for the administration of this Chapter and
shall have the authority to adopt administrative procedures consistent with the
provisions of this Chapter for the purpose of implementing the provisions of this
Chapter.
8,95.040 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
"Certificate of Occupancy" means a Certificate of Occupancy issued by the City
in accordance with all applicable ordinances, regulations, and rules of the City and state
law or such other authorization of the City's Building Official allowing a building to be
occupied.
Ordinance No. 1794
Page 5
"City" means the City of Palm Springs, California.
"City Manager" means the City Manager of the City or the City Manager's
designee.
"Commission" means the Coachella Valley Conservation Commission (CVCC),
the governing body established pursuant to the MSHCP that is delegated the authority
to oversee and implement the provisions of the MSHCP.
"Conservation" means all the actions necessary for the permanent protection of
species, natural communities, and habitat land as required of the Coachella Valley
Conservation Commission under the MSHCP including land acquisition, land
management, biological monitoring, law enforcement and administration.
"Conservation Areas" has the same meaning and intent as such term is defined
and utilized in the MSHCP.
"Credit" means a Credit allowed pursuant to Section 11 of this Chapter, which
may be applied against the Fee paid.
"Development Project" means any project undertaken for the purpose of
development pursuant to the issuance of a building permit by the City pursuant to all
applicable ordinances, regulations, and rules of the City and state law.
"Development Project Area" means the area, measured in acres, from the
adjacent road right-of-way line to the limits of project improvements. Development
Project Area includes all project improvements and areas that are disturbed as a result
of the project improvements on an owner's Gross Acreage, including all areas depicted
on the forms required to be submitted to the City pursuant to this Chapter and/or other
applicable development ordinance or regulation of the City. Except as otherwise
provided herein, the Development Project Area is the area upon which the project will
be assessed the Mitigation Fee.
"Fee" means the Local Development Mitigation Fee adopted pursuant to the
Mitigation Fee Act, Governmental Code Section 66000 et seq.
"Final Inspection" means a Final Inspection of a Development Project as defined
by the building codes of the City.
"Gross Acreage" means the total property area as shown on a land division map
of record, or described through a recorded legal description of the property. This area
shall be bounded by road right-of-way and/or legal property lines.
"Local Development Mitigation Fee" or "Fee" means the development impact fee
imposed pursuant to the provisions of this Chapter.
Ordinance No. 1794
Page 6
"Multiple Species Habitat Conservation Plan" or "MSHCP" means the Coachella
Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation
Plan, adopted by the City Council on October 3, 2007, and as may be amended from
time to time.
"Ordinance" means this Ordinance No. 1734 of the City of Palm Springs,
California.
"Project" means any project undertaken pursuant to the issuance of a building
permit or any other approval, ministerial or discretionary development permit, by the
City as required by the applicable ordinances, regulations, and rules of the City and
state law. Projects undertaken by or on behalf of the City are subject to the Fee.
"Project Area" means the area, measured in acres, from the adjacent road right-
of-way line to the limits of project improvements. Project Area includes all project
improvements and areas that are disturbed as a result of the project improvements on
an owner's Gross Acreage, including all areas depicted on the forms required to be
submitted to the City pursuant to this Ordinance and/or other applicable development
ordinance or regulation of the City.
"Residential Unit" means a building or portion thereof used by one family and
containing but one kitchen, which unit is designed or occupied for residential purposes,
including single-family dwelling, multiple-family dwellings, and mobile homes on
permanent foundations, but not including hotels and motels.
"Revenue" or "Revenues" means any funds received by the City pursuant to the
provisions of this Chapter for the purpose of defraying all or a portion of the cost of
acquiring and perpetually conserving vegetation communities and natural areas within
the City and the region which are known to support threatened, endangered or key
sensitive populations of plant and wildlife species.
8.95.050 Local Development Mitigation Fee.
A. To assist in providing Revenue for the Conservation of lands necessary to
implement the MSHCP, the Fee shall be paid for each Project, or portion thereof, to be
constructed within the City.
Five categories of the Fee are defined and include: (1) residential units, density
less that 8.0 dwelling units per acre; (2) residential units, density between 8.1 and 14.0
dwelling units per acre; (3) residential units, density greater than 14.1 dwelling units per
acre; (4) commercial acreage; and (5) industrial acreage. Because there can be mixed
traditional commercial, industrial and residential uses within the same project, for Fee
assessment purposes only, the Fee which is applicable to commercial or industrial
Projects shall be calculated by reference to the Project Area of each parcel upon which
the commercial or industrial portions shall be sited. If the mixed use includes Residential
Units, the Fee applicable to the parcels upon which Residential Units are to be sited
Ordinance No. 1794
Page 7
shall be calculated by reference to the appropriate residential fee category. If the mixed
use occurs on the same parcel, the Fee which is applicable to commercial or industrial
projects shall be calculated by reference to the Project Area of the parcel. A fee
schedule which contains the Fee which is applicable to each of the five Fee categories
shall be adopted and may, from time to time, be amended by resolution ("Resolution").
The amount of the Fee required to be paid for a commercial or industrial Project
shall be based on the Project Area, as calculated by City staff based on the subdivision
map, plot plan, and/or other information submitted to or required by the City.
8.95.060 Imposition of the Mitigation Fee.
Notwithstanding any other provision of the City's Municipal Code, no permit shall
be issued for any Development Project except upon the condition that the Mitigation
Fee applicable to such Development Project has been paid in accordance with the
provisions of this Chapter.
8.95.070 Payment of the Mitigation Fee.
A. The Fee shall be paid in full at the time of the issuance of a building permit
for the Project; provided, however, that if the City's Municipal Code provides for all fees
assessed pursuant to the Mitigation Fee Act to be collected at a later time, then the Fee
collected pursuant to this Ordinance shall be collected at the same time as that
mandated by the City's Municipal Code for the payment of all such other fees.
B. In no event shall a final inspection be made or a certificate of occupancy
be issued prior to full payment of the Fee.
C. The Fee shall be assessed one time per lot or parcel, except in cases of
the construction of additional Residential Units, subsequent development of portions of
a commercial or industrial parcel for which the Fee was not originally collected, or
changes in land use. The additional Fee required to be paid in the case of such
exceptions shall not include the amount of any previously paid Fee for that parcel. No
refunds shall be provided for changes in land use to a lower Fee category. It shall be
the responsibility of the applicant to provide documentation of any previously paid Fee.
D. The Fee required to be paid under this chapter shall be the Fee in effect at
the time of payment.
E. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Fee shall be paid whether or not the Project is
subject to conditions of approval by the City.
F. If all or part of the Project is sold prior to payment of the Fee, the Project
shall continue to be subject to the requirement to pay the Fee as provided herein.
Ordinance No. 1794
Page 8
G. For Projects which the City does not require a permit, final inspection or
issuance of a certificate of occupancy, the Fee shall be paid prior to any use or
occupancy.
H. For purposes of this Ordinance, congregate care residential facilities and
recreational vehicle parks shall pay the commercial acreage Fee.
8.95.080 Refunds.
A. There shall be no refund of all or part of any Mitigation Fee paid under this
Chapter, except in cases of overpayment or miscalculation of the
applicable Fee. Only in cases of overpayment or miscalculation of the Fee
will the person or entity that paid the Mitigation Fee be entitled to a refund.
B. Collection of the fee associated with the Fringe-toed Lizard Habitat
Conservation Plan (FTLHCP) ceased upon issuance of the MSHCP
permit. Projects that paid the FTLHCP fee are required to pay the Local
Development Mitigation Fee, but may obtain a refund of the FTLHCP fee
from CVCC. Refunds shall be granted subject to the rules and regulations
established by the Coachella Valley Conservation Commission.
8.95.090 Collection, Accounting and Disbursement of Local Development Mitigation
Fees.
A. Subject to the provisions of this section, all Fees collected pursuant to this
Ordinance shall be collected, administered and remitted for deposit into the account
established therefor, to the Commission in compliance with all applicable policies and
procedures of the Commission monthly. The Fees will be expended solely for the
purpose of Conservation of the vegetation communities and natural areas within the
City and the region which support species covered in the MSHCP in accordance with
the plan and schedules set out in the MSHCP and the policies that have or may be
adopted pursuant thereto.
B. The City may recover the costs of administering the provisions of this
Ordinance using the Revenues generated by the Fees, in an amount and subject to the
rules and regulations established by the Commission.
8.95.100 Automatic Annual Fee Adjustment.
The Fee established by this Chapter shall be revised annually by means of an
automatic adjustment at the beginning of each fiscal year based on the average
percentage change over the previous calendar year set forth in the Consumer Price
Index for "All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area,
measured as of the month of December in the calendar year which ends in the previous
fiscal year. The first Fee adjustment shall not be made prior to a minimum of ten (10)
months subsequent to the effective date of this Chapter. The Fee, as revised annually,
Ordinance No. 1794
Page 9
shall be compiled by the Director of Finance and shall be included in an annual report to
the City Council pertaining to the accounting for the MSHCP Fee as required by
Government Code section 66006.
8.95.110 Exemptions.
The following types of construction shall be exempt from the provisions of this
Chapter:
A. Reconstruction of a residential unit or commercial or industrial building
damaged or destroyed by fire or other natural causes.
B. Rehabilitation or remodeling to an existing residential unit, commercial or
industrial building, and additions to an existing residential unit or commercial or
industrial building.
C. A second Residential Unit, constructed on residential property previously
developed with a single-family dwelling, and meeting all state and City requirements for
such units.
D. Existing improvements that are converted from an existing permitted use
to a different permitted use, provided that no additional area of the property is disturbed
as a result of such conversion.
E. Projects for which the City is restrained by law from collecting the Fee due
to a Development Agreement or vested tentative map entered into with or issued by the
City prior to October 1, 2008.
F. Construction of a family residential unit upon property wherein a mobile-
home, installed pursuant to an installation permit, was previously located prior to the
effect date of this Ordinance.
G. Guest dwellings as defined by the Palm Springs Zoning Code, constructed
on residential property previously developed with a single-family dwelling.
H. Additional single family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications set forth in the Palm
Springs Zoning Code.
I. Kennels and Catteries established in connection with an existing single
family Residential Unit and as defined in the Palm Springs Zoning Code.
J. Projects are exempt from paying the fee provided they meet each of the
following three conditions:
1. Completion of required infrastructure improvements including, but
Ordinance No. 1794
Page 10
not limited to, underground utilities, exterior project area walls,
streets and curbs and issuance of at least one building permit for a
discrete primary structure, such as a single family home, prior to
October 1, 2008 (date of MSHCP Permit Approval).
2. Continuous construction activity since October 1, 2008 as
demonstrated by issuance of a building permit for a discrete
primary structure and/or a certificate of occupancy permit for a
discrete primary structure in each six month period between
October 1, 2008 and April 1, 2011.
3. City registration of the Project and proposed lots to be exempted, in
accordance with CVCC procedures, by September 1, 2011.
Projects not meeting the standard exemption criteria above, that
made verifiable payments, as part of a legal settlement, to
specifically fund acquisition of habitat for a species listed as
"endangered" under the federal Endangered Species Act are
required to pay the LDMF but are eligible to receive a refund, on a
pro rata per acre basis based on the actual acreage being
assessed the LDMF. Any such Projects and proposed lots to be
exempted must be registered in accordance with CVCC procedures
by September 1, 2011.
8.95.120 Fee Credits and Waivers.
The City may grant to owners or developers of real property, a Credit against the Fee
that would otherwise be charged pursuant to this Ordinance, for the dedication of land
within a MSHCP Conservation Area, provided, however, that no Credit shall be given
unless (A) the dedication is secured by a conservation easement acceptable to a
grantee legally authorized to accept and hold such easements pursuant to Civil Code §
815.3 or pursuant to other legal instrument that ensures the area will be conserved in
perpetuity; (B) the land to be dedicated is appropriate for conservation and dedication
thereof is consistent with and furthers the goals of the MSHCP; and (C) the dedication
and Credit complies with all procedures and policies of the Commission. The amount of
the Credit granted shall be determined by an estimate of the fair market value of the
land dedicated. Any Credit granted by the City shall be given in stated dollar amounts
only.
An applicant for a proposed Project may apply for Credit to reduce the amount of the
Fee required to be paid prior to approval of the Project. Any Credit granted and the
amount of the Fee to be paid shall be included as a condition of approval of the Project.
However, if an applicant has already received approval from the City and has not
previously applied for a Credit to reduce the amount of the Fee required to be paid, an
applicant may apply for such Credit at any time prior to issuance of a grading permit for
the Project and any Credit granted shall in that case be included as a condition of
approval of the grading permit issued for the Project.
Ordinance No. 1794
Page 11
SECTION 2. Severability. This Ordinance and the various parts, sections, and
clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid, the remainder of this
Ordinance shall not be affected thereby. If any part, sentence, paragraph, section, or
clause of this Ordinance, or its application to any person entity is adjudged
unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such
part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and
shall not affect or impair any of the remaining provision, parts, sentences, paragraphs,
sections, or clauses of this Ordinance, or its application to other persons or entities. The
City Council hereby declares that this Ordinance would have been adopted had such
unconstitutional or invalid part, sentence, paragraph, section, or clause of this
Ordinance not been included herein; or had such person or entity been expressly
exempted from the application of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall take effect September 1,
2011, however; in no event shall this Ordinance take effect prior to sixty (60) days after
the date of its adoption.
SECTION 4. Amended and Restated. Ordinance 1734 is hereby amended and
restated on the effective date hereof and all prior Ordinances adopting the Local
Development Mitigation Fee are hereby repealed to the extent that they are inconsistent
with the provisions of this Ordinance.
SECTION 5. The Mayor shall sign and the City Clerk is hereby ordered and
directed to codify the passage of the Ordinance, and to cause the same or a summary
thereof to be duly prepared according to law and to be published in accordance with
law.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 6T" DAY OF JUNE, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1794
Page 12
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. 1794 was introduced at a regular meeting of the Palm
Springs City Council on the 15th day of June, 2011, and adopted at a regular meeting of
the City Council held on the 6th day of July, 2011 by the following vote:
AYES: Councilmember Foat, Hutcheson, Mills, and Mayor Pro Tern Weigel
NOES: None
ABSENT: None
ABSTAIN: Mayor Pougnet
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California