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HomeMy WebLinkAbout1752 - ORDINANCES - 10/1/2008 ORDINANCE NO. 1752 AN INTERIM URGENCY 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'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. This interim urgency ordinance is adopted pursuant to the City's authority over matters of local concern as a charter city. Section 2. The City is a member of the Coachella Valley Conservation Commission ("CVCC"), a joint powers authority that is responsible for the administration and implementation of the Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP"), a critical planning document that is intended to mitigate the impacts caused by new development. One of the approaches to mitigation provided in the MSHCP is the acquisition and conservation of real property. The acquisition and conservation efforts are proposed to be funded by fees levied by each of the member agencies of the CVCC. This interim urgency ordinance will provide for a fee program to be levied on new development to fund the acquisition and conservation program. The City Council intends to adopt a permanent MSHCP fee program but such fees will not be effective for 60 days unless this interim urgency ordinance is adopted. The levy of an interim fee will ensure that all development pays its full fair share of the costs of this program. Section 3. Chapter 8.95 is added to the Palm Springs Municipal Code to read: Chapter 8.95 MSHCP MITIGATION FEE Sections 8195,010 Short Title 8.95.020 Findings 8.95.030 Administrative Authority 8,95,040 Definitions Ordinance No. 1752 Page 2 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 mitigate the impacts caused by new development in the City, lands supporting species covered by the MSHCP must be acquired and conserved. 13. 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. Ordinance No. 1752 Page 3 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: (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_ Ordinance No. 1752 Page 4 °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. "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. Ordinance No. 1752 Page 5 "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 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 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 to the City, the City shall calculate the Mitigation Fee required to be paid based on the certified Ordinance No. 1752 Page 6 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. Ordinance No. 1752 Page 7 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. 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. Ordinance No. 1752 Page 8 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. 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. 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 Ordinance No. 1752 Page 9 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 4. 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 5. 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. Section 6. 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 (61s) day after adoption, whichever event occurs last. Section 7. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect until the Ordinance No. 1734 becomes effective and shall thereafter be of no further force and effect. PASSED, APPROVED, AND ADOPTED THE 1ST DAY OF OCTOBER, 2008. �, - --�-�/"•-ems STEPHEN P. POUGNE , MAYOR ATTEST, ES THOMPSON, CITY CLERK Ordinance No. 1752 Page 10 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 the foregoing Ordinance No. 1752 was introduced, adopted, and passed as an interim urgency ordinance at a regular meeting of the City Council held on the 1" day of October, 2008 by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet NOES: None. ABSENT: None- ABSTAIN: Non _ jt2es Thompson, City Clerk of Palm Springs, California