HomeMy WebLinkAbout10/1/2008 - STAFF REPORTS - 2.K. CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(a
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council
Meeting Date: October 1, 2008
Subject: Ordinance Nos. 1734 and 1750
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that summary for Ordinance Nos. 1734 and 1750, adopted by the City
Council on October 1, 2008, was published in the Desert Sun on October 11, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
L a
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that the summary and a copy of Ordinance Nos. 1734 and 1750 was posted
at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal
notice posting board and in the Office of the City Clerk on October 8, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
�4-�
Kathie Hart, CMC
Chief Deputy City Clerk
PROOF OF PUBLICATION This Is space for County Clerk's Piling Stamp
(2015.5_1
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United Stales 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 cleric of a
printer of the,DES CRT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Riverside,State of No 3474 CITY OF PALM SPRINGS
California under the date of March 24,1988.Case ORDINANCE NO.1734
Number 191236;that the noel of which the
annexed is a printed copy(set in type not smaller AN ORDINANCE C CE OF THE CITY CH PAI.h
SPRINGS, CA4FORNIA ADDING CHAPTEF
than non parfel,has been published in each regular CODE ESTABLISHING APRINGS LOCAL DEVIELOP
and entire issue of said newspaper and not in any PF,ESEFVATION OF NATURATiONl FEE AL ECOSYSTEMS
supplement thereof on the following dates,to wit: IN ACCORDANCE WITH THE COACPIEIJl
VALLEY MULTIPLE SPECIES HABITAT CON
SERVATION PLAN
October 11d',2008 Cdy Alloni Summary
-- ------- - -�_--,•Y--_-- -- --T-- This Ordinance establishes a mNgalron rrp pro•
gram 111,11 will require new development to fund c
ponion of thu tact or aerninlstering and Imple-
menting the Multiple Species Haddad Pon:,,Nvlor
------------- ............--- Plen,includiing the acquisition and conservation at
All in the year 2008 pnvate land.
I James Thanlpe^Cty Claik of the Cityry of Palm
Springs, California do hereby conily %j a1 Ordl-
I certify(or declare)tinder penalty of perjury that the nanCC No.1734 was Introduced at a regular mccl-
ing of the Palm Spprings City Council on the gin
foregoing is true and correct. day of January 2008 and adopted at a iegulsr
moe6n9 of Ina Llry Council held on the 1st day of
October 2008 by ha fallowing vote.
Dated at Palm Springs,California this---13"', --day AYES Counclimembers Hutcheson, Mill..,
Weigel Mayor Pro Tam Po3t and Mayor Pougnat
NOES. None
of--------- October - r- -----------,2008 ABSENT None
ABSTAIN None
Jdmpa Thompcon
City Clerla
/ Published:10111/08
--_--�----"""' /------------ ---- --T
Ch 'i nature
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CITY OF PALM SPRINGS
ORDINANCE NO. 1734
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 8-95 TO 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 Summate
This Ordinance establishes 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.
I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 1734 was introduced at a regular meeting of the Palm Springs City
Council on the gth day of January, 2008 and adopted at a regular meeting of the City
Council held on the 15Y day of October, 2008 by the following vote,-
AYES: Councilmembers, Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and
Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
?esThompson
erk
Ordinance No. 1734
AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING
CHAPTER 8.95 TO 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 establishes 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 ORDAINS AS FOLLOWS:
Section 1. Chapter 8.95 is added to the Palm Springs Municipal Code to read:
Chapter 8.95
MSHCP MITIGATION FEE
Sections
8.95,010 Short Title
8.95,020 Findings
8.96.030 Administrative Authority
8.96,040 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.
City Council finds and determines.-
A- In order to implement the goals and objectives of the Coachella Valley Multiple
Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP") and to
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mitigate the impacts caused by new development in the City, lands supporting species covered
by the MSHCP must be acquired and conserved.
B. The Mitigation Fee (the "Fee") provided in this Chapter is necessary in order to
supplement the financing of the acquisition of lands supporting species covered by the MSHCP
and to pay for new development's fair share of this cost.
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 mitigation 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 in
order to implement the MSHCP and mitigate the 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 MSHCP and Mitigation Fee Nexus Report, a copy of which is on file in the
City Clerk's office, provide the basis for the imposition of the Fee on new developments.
F. The use of the Fee is apportioned relative to the type and extent of impacts
caused by the development.
G. 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.
H. The facts and evidence provided to and considered by the City Council establish
that there is a reasonable relationship between the need for preserving 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 MSHCP and
Mitigation Fee Nexus Report.
I. The fees collected pursuant to this Chapter shall be used to finance the
acquisition of the lands to protect natural ecosystems and covered species, as set forth in the
MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs.
J. The Fee shall be used to finance the acquisition of lands and certain
improvements necessary to implement the goals and objectives of the MSHCP.
K. To ensure fair implementation of the development impact fees established in this
Chapter, it may be necessary for the City to defer or waive such fees in special cases as may
be permitted in accordance with procedures and guidelines established by the Coachella Valley
Conservation Commission.
L. Even though second units on existing single family lots may also contribute to the
need for acquisition of lands necessary to implement the MSHCP, the City refrains from
imposing the Fee on such development at this time, and in this regard finds that second units:
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(1) provide a cost effective means of serving development through the use of existing
infrastructure, as contrasted to requiring the construction of new costly infrastructure to serve
development in undeveloped areas; and (2) provide relatively affordable housing for low and
moderate income households without public subsidy.
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.
"City Manager" means the City Manager of the City or the City Manager's designee.
"Coachella Valley Conservation Commission" means the governing body established
pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions
of the MSHCP.
"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.
"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.
"Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the
provisions of this Chapter.
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"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, 2007and as may be amended from time to time..
'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 preserving 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 Mitigation Fee.
A. To assist in providing Revenue to acquire and conserve lands necessary to
implement the MSHCP, the Fee shall be paid for each Residential Unit, Development Project or
portion thereof to be constructed within the City. Five categories of the Fee are defined and
include: (1) Residential Units, density less than 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 unites 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 development projects shall be applied to the whole project based upon the existing
underlying zoning classification of the property at the time of issuance of a building permit. The
fees are calculated using an Equivalent Benefit Unit methodology. A fee schedule which
contains the Fee which is applicable to one of the five Fee categories shall be adopted by
resolution ('Resolution").
B. The amount of the Mitigation Fee for a commercial or industrial development
project required to be paid shall be based on the acreage to be developed and shall be
calculated on the basis of the Development Project Area, in accordance with the following:
1. The Development Project Area shall be determined by City staff based on
the subdivision map, plot plan, and other information submitted to or required by
the City.
2. If the difference between the net acreage, as exhibited on the plot plan,
and the Development Project Area is less than one-quarter acre, the Fee shall be
paid on the full Gross Acreage.
3. An applicant may elect, at his or her own expense, to have a
Development Project Area dimensioned, calculated, and certified by a registered
civil engineer or licensed land surveyor. The engineer or land surveyor shall
prepare a wet-stamped letter of certification of the Development Project Area
dimensions and a plot plan exhibit thereto that clearly delineates the
Development Project Area. Upon receipt of the letter of certification and plot plan
exhibit, the City shall review the submitted documents. If the Development
Project Area dimensions, the letter of certificate and the plot plan are acceptable
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to the City, the City shall calculate the Mitigation Fee required to be paid based
on the certified Development Project Area. If the Development Project Area
dimensions, the letter of certification, or the plot plan are not acceptable to the
City, the applicant shall perform such actions as directed by the City in order to
resolve any deficiencies perceived by the City.
4. Where construction or other improvements on Development Project Area
are prohibited due to legal restrictions on the Development Project Area, such as
Federal Emergency Management Agency designated floodways or areas legally
required to remain in their natural state, that portion of the Development Project
Area so restricted shall be excluded for the purpose of calculating the Mitigation
Fee.
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 Mitigation Fee shall be paid in full at the time a Certificate of Occupancy is
issued for the Residential Unit or development project or upon Final Inspection, whichever
occurs first. No Final Inspection shall be made, and no Certificate of Occupancy shall be
issued, prior to full payment of the Fee. However, this section shall not be construed to prevent
payment of the Fee prior to the issuance of an occupancy permit or Final Inspection.
B. The Mitigation Fee shall be assessed one time per lot or parcel, except in cases
of changes in land use. The Fee required to be paid when there is a change in land use shall
be reduced by the amount of any previously paid fee for that property. 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.
C. The Mitigation Fee for commercial and industrial development projects shall be
paid in its entirety for the Development Project Area and shall not be prorated.
D. The Mitigation Fee required to be paid under this Chapter shall be the Fee in
effect at the time of payment.
E. There shall be no deferment of the Fee beyond Final Inspection or issuance of
certificate(s) of occupancy.
F. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Mitigation Fee shall be paid whether or not the Development
Project is subject to conditions of approval by the City imposing the requirement to pay the Fee.
G. If all or part of the Development Project is sold prior to payment of the Mitigation
Fee, the Project shall continue to be subject to the requirement to pay the Fee as provided
herein.
H. For development projects which the City does not require a Final Inspection or
issuance of a Certificate of Occupancy, the Fee shall be paid prior to any use or occupancy.
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I. For purposes of this Chapter, congregate care residential facilities and
recreational vehicle parks shall pay the commercial acreage Fee.
8,95.080 Refunds.
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.
8.95.090 Accounting and Disbursement of Collected Mitigation Fees.
A. All fees paid pursuant to this Chapter shall be deposited, accounted for, and
expended in accordance with Section 66006 of the Government Code and all other applicable
provisions of law.
B. Subject to the provisions of this section, all Fees collected pursuant to this
Chapter shall be remitted to the Coachella Valley Conservation Commission at least quarterly,
and will be expended solely for the purpose of acquiring and preserving vegetation communities
and natural areas within the City and the region which support species covered in the MSHCP
in accordance with the provisions of the MSHCP.
C. The City may recover the costs of administering the provisions of this Chapter
using the Revenues generated by the Fees, in an amount and subject to the rules and
regulations established by the Coachella Valley Conservation 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, 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. Secondary Residential Units, constructed on developed residential property and
meeting all state and City requirements for such units.
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improvements that are converted from an existing
D. Existing imp g permitted use to a
different permitted use, provided that no additional area of the property is disturbed as a result
of such conversion.
E. Development within a Development Project Area that was being improved or had
been improved prior to the effective date of this Chapter-
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
Chapter.
G, Guest dwellings as defined in Palm Springs Zoning Code-
H. Kennels established in connection with an existing single family Residential Unit
and as defined in the Palm Springs Zoning Code,
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 Chapter, for the dedication of land determined
to be necessary for inclusion in the MSHCP Conservation Area. 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 development may apply for Credit to reduce the amount of the Fee required to be
paid prior to approval of the development. Any Credit granted and the amount of the Fee to be
paid shall be included as a condition of approval for the development. If an applicant has
received the development 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 prior
to issuance of a grading permit for the development. Any Credit granted and the amount of the
Fee required to be paid shall be included as a condition of approval on the grading permit
issued for the development.
Section 2, 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. This Ordinance and the fee provided herein shall be deemed an
amendment of the provisions of the Fringe Toed Lizard Fee, including without limitation
Resolutions 14751, 15330, 15439, 15832, 15860, 16048, and 19920, and the Fringe Toed
Lizard Fee shall be deemed amended and superseded by the fee provided in this Ordinance.
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Section 4. This Ordinance shall take effect immediately upon issuance of the
appropriate permits authorizing take in connection with the MSHCP by the U-S. Fish and
Wildlife Service and California Department of Fish and Game, including, without limitations, the
incidental take permits for covered species pursuant to Section 10(a)(1)(B) of the Federal
Endangered Species Act and section 2800 of the California Fish and Game Code or on the
sixty-first (61") day after adoption, whichever event occurs last.
PASSED AND ADOPTED THIS 1st DAY OF October, 2007.
CERTIFICATION
I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 1734 was introduced at a regular meeting of the Palm Springs City
Council on the gth day of January, 2008 and adopted at a regular meeting of the City
Council held on the 1" day of October, 2008 by the following vote:
AYES: Councilmembers, Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and
Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
James Thompson
City Clerk
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