HomeMy WebLinkAbout10/1/2008 - STAFF REPORTS - 3.A. �PALM 5p
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CITY COUNCIL STAFF REPORT
c4<I FORN�P
DATE: October 1, 2008 LEGISLATIVE
SUBJECT: ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE
INTERIM URGENCY ORDINANCE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE
WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN ("MSHCP")
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The request is to establish the development mitigation fee associated with the recently-
approved Coachella Valley Multiple Species Habitat Conservation Plan ("MSHCP").
The interim urgency ordinance would establish the fee and the resolution would
establish the fee amount. An interim urgency ordinance is required to be passed in
advance of the issuance of the Department of Fish and Game Permit which is expected
the first week of October 2008.
RECOMMENDATION:
Introduce, waive reading of, and adopt Ordinance No. "AN INTERIM
URGENCY 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."
BACKGROUND:
As a Permittee under the Coachella Valley Multiple Species Habitat Conservation Plan
("MSHCP") the City recently approved the MSHCP, the Implementing Agreement ("IA")
and the CEQA Responsible Agency Findings to effectuate the Plan. The next step in
implementing the MSHCP is to approve the Local Development Mitigation Fee (LDMF,
or "Fee") on new development in order to meet the conservation goals set forth in the
MSHCP.
Item No. 3 • A •
City Council Staff Report October 1, 2008
CVAG Multiple Species Habitat Conservation Plan--Interim Urgency Fee Ordinance Page 2 of 4
The Fee will be the primary source of funding for the MSHCP's habitat acquisition
program. The Fee is a development impact fee under California Government Code
Section 66000 et seq. which allows cities and counties to charge new development for
the costs of mitigating associated impacts. The legal and policy basis to support the
Fee's adoption by local agencies was provided in the Local Development Mitigation Fee
Report, ("Nexus Study"), dated January 15, 2007, and prepared by MuniFinancial for
CVAG. The Fee is also necessary because the Wildlife Agencies' require that sufficient
funding be provided to support implementation of the MSHCP. The Fee will only be
used for land acquisition and related costs.
New development affects the environment directly and cumulatively, through
construction activity and the activities of development-related population growth. The
MSHCP has demonstrated that all new development projects on vacant or partially
vacant lands — regardless of location — will have direct and cumulative impacts on 1)
species, 2) existing or potential habitat and 3) natural communities. New development
also creates a demand for, and benefits from, new public infrastructure. Finally,
according to the MSHCP, no further habitat conservation would be needed in the Plan
Area, except to mitigate the impacts of new development. Consequently, there is a
reasonable relationship between the need for habitat conservation and residential and
nonresidential development throughout the Plan Area.
The MSCHP has calculated a proposed Local Development Mitigation Fee of $5,730
per acre, with a per unit fee for residential development based on average densities per
acre. For example, the residential fee per unit for a density of 0 8 units per acre would
be $1,284. The fee schedule in 2008 dollars is as follows:
Cost Per Average
Acre Lot Size Fee
Residential
0 - 8 Units Per Acre S5,730 0.22 S1,284
8.1 - 14 Units Per Acre 5,730 0.09 533
14.1+ Units Per Acre 5,730 0.04 235
Cost Per Average
Acre Lot Size Fee
Nonresidential
Commercial S5,730 NA $ 5,730
Industrial $ 5,730 NA $ 5,730
The proposed fee schedule presented above represents a reasonable approach to the
fair allocation of costs across all new development. The Coachella Valley Conservation
US Fish and Wildlife Service, California Department of Fish and Game
City Council Staff Report October 1, 2003
CVAG Multiple Species Habitat Conservation Plan—Interim Urgency Fee Ordinance Page 3 of 4
Commission (CVCC) will monitor the implementation of the residential fee approach
overtime and propose adjustments to the categories if conditions warrant.
The fee ordinance provides for an annual CPI adjustment based upon 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. There is also a provision for the fee to be reevaluated and revised should it
prove to be insufficient in mitigating the impacts of new development. As required by
state law, the CVCC will update the Nexus Study at least every five years and more
often, if necessary, to ensure that the Local Development Mitigation Fee is adequate
over the life of the acquisition program to fund the necessary land acquisition and land
improvement.
All LDMF revenue and habitat acquisition expenditures will be accounted for in a Land
Acquisition & Improvement Fund, managed by the CVCC. The projected revenue from
the Local Development Mitigation Feez is anticipated to be approximately $516,802,000
(nominal dollars) over the first 50 years of Plan implementation3. Local Permittees,
including the City of Palm Springs, intend to generate funds for Plan implementation
from sources in addition to the Local Development Mitigation Fee. These sources may
include limited to landfill tipping fees, transportation project mitigation from CVAG,
Caltrans and other agencies, and mitigation funds for regional infrastructure projects.
CVAG and CVCC staff will be available to assist the Local Permittees with development
of administrative guidelines for the LDMF program.
FISCAL IMPACT:
Implementation of the MSHCP is designed to be self-funding from the Local
Development Mitigation Fee, tipping fees and infrastructure mitigation payments from
CVAG, Coachella Valley Water District, Caltrans, and Imperial Irrigation District. No
assessments are required of the Permittees.
The projected revenue from the Local Development Mitigation Fee will be approximately
$516,802,000 over the first 50 years of Plan implementation, based on the January
2007 Nexus Study. Local Permittees intend to generate funds for Plan implementation
from additional sources, as described above. Assuming an annual increase in land
value of 3.29%, the total cost for the land acquisition program over 30 years is
estimated to be $526,705,000, CVCC proposes to complete the acquisition program in
30 years to minimize costs and potential land use conflicts.
2 Table 5-2b of the MSHCP
3 For purposes of projecting revenue, the MSHCP assumes that the fee increases 3.29% annually (Table
5-3c of the MSHCP).
3
City Council Staff Report October 1, 2008
CVAG Multiple Species Habitat Conservation Plan—Interim Urgency Fee Ordinance Page 4 of 4
C ing, AICP4 Thomas J. Wj�on,
S Dire of Plannin rvices Assistant City Manager
.� David H. Rezdy
ity Manager
ATTACHMENTS:
Interim Urgency Ordinance to Establish the MSHCP Local Development Mitigation Fee
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ORDINANCE No.
AN INTERIM URGENCY 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. 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
8.95.010 Short Title
8.95.020 Findings
3.95.030 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
$.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.
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
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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.
"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.
"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"),
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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 Cross 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 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.
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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.
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
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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-
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 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.
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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)(13) 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.
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. becomes effective and shall thereafter be of no
further force and effect.
PASSED, APPROVED, AND ADOPTED, this day of 2008 by the
following:
Stephen P. Pougnet, Mayor
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
S
!i
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: Interim Urgency Ordinance No. 1752
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 No. 1752, adopted by the City Council on
October 1, 2008, was published in the Desert Sun on October 10, 2008.
1 declare under penalty of perjury that the foregoing is true and correct.
�Lll un�
Kathie Hark, 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 No. 1752 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
o.3a47 fbtia NMI
s'rocaf3o ago estnpmn o g
ORDINANCE NO. 1752 property. fiis area shall be amended by road
rlght•of•way anNor legal property,line,
AN INTERIM LIRGENGY ORDINANCE OF THF� Mitigation Fee"or"Fee'means the development
CITY OF PALM SPRINGS ADDING CHAPYE g P
8.95 YD THE PALM SPRINGS MLINIGIPA IrttPef fee Imposed puaunnt to the pmv(sj m,0^
CODE ESTABLISHING A LOCAL DEVELOP elic Chapter.
MENT MITICATIGW FEE FOR FUND)NG TN 'Mua, la Species Habitat Conserva{on Plan" o
PRFSERVATION OF NATURAL ECOSYSTEM pp
IN ACCORDANCE WITH THE COACHELIII,,,111��� MSHCP' means the Coachella Volley Multiple
VALLEY MULTIPLE 5PECIeS HABITAT CON{ Species Habitat Conservation PlanMatural Com-
SERVATIONPLAN mu", Conservation Plan, adopted qyy the C
Council on October 3 2007end as maybe amen
.PROOF OF PUBLICATION C,IyAfrome S51a rma , ad from time to time.
This Oromanc'e es s $ipa e rrilf ilpn toe pro{ •Reeldamlal Unit" means p bujidjn or odiv
rr�01 c•5-C-C P\ mom that Ill[require new deveoring a to luntl A q P
lfi 1 J l.. 1 portion or file tear ore dowel wing end fund thereof tided by one family and cardswidin?fig but on
men6nq the Multiple 5pelgs Habitat Cpdservatb kitchen,which unit is designed or pace led for me�
Plan,includng?he acquisition end conservation o identlal purposos,including sing)u•temlly dwonepg,l
prtvefe/(Mr! mulllpld•fdmily dwelllnifs, and mobile homes ortbt
permanent foundations, but not including hotald
THE CITY COUNCIL OF THE CITY OF PAL and motels,
SPRINGS ORDAINS AS FOLLOWS: 'Revenue" or 'Revenues" means any funds r
Suction 1. This interim urrggency Ordinance ceived by the City pursu3nl to the previsions o
adopted pursuant to the C) S aulliOriry over mat this Chapter for the Purpose of delta all or a
tera of IIca(concern as a Charter city portion of the Mgt of acquinnrgg an preserving
vegetation Communities anU naluml areas withu)
Section 2 The City Is a member of the Coachell the City and the radian which are known to sup,
STATE OF CALIFORNIA Valley Conservation Commission CVCC') ajom) Pon threatened,Ondanpnrad or key sensitive pop,
pawpis authority that is responsi6t9 for the admen uWons of plant and we il?Q species.
County of Riverside tat on and implementation of the Coecnetla Pia @ 95 050 Mitigation j
ley MuNvle Species habitat Conservabon Plea gation Fee.
("MSHCP`) a cnAdilplanningg docUmsntthat le In A. To assist in tended to rtuti ate the Imm a Caused by paw tle- providing Revenue to Ad-
velo meat. One of me,ap aches IO mltfpAfoggq gm and conserve lands necaeaay.to implement
provided in the MSHCP is the scgWsibon end con{ tha MSHCP,the Fee shall be paid for each Rea,+
servaon of real property The acqulsMon and BantleUne.Devefaprnon(Project or Donlon lheraae{{{
conservation efforts,are propmsed to be landed by of to be Mnstrad,d within the C I Frva cat Z
ovs levied by oath of the member agencies of Ih des Of we(--us are cleared and include' 1)R,ei
CVCC. This Mae dm urganCy ardmanes will pro dentist Links density loss that 6.0 a a fig una
I am a ciIJ Of the United States and a resident Of vide(pr a�e�program o be levied an new davel I rl acre: -0 dwelling
Unl t, Oenity between
cpmart to fund Ihhu acquisltlun and conservsaO 1 and,de dwelling units n 1 acre'(3i117Reardon•
The County,aforesaid;I am over the age of eighteen program. 7ry0 CIry Council Intends to adopt a Wf� Uaf(lolls,density grantor 14 i dwp I untied
'an 1.MSHCP Yee Program but such Ides wil gar acre'({)commercial acreage;antl(5)jMueM�
Years,and not a party to or interested in the sot be effective for 60 daya unless this interim ur a!acreage,6ewuae there Cnn a mlxetl raddton•
above-entitled matter,1 am the principal clerk of a saucy o rdinance Is adopted The leW of an That- of commercial indusmaf and maideniaf uses with
IT lea if enure that all development payS Its tut in the same proeecl,for Fee assessment purpose
printer of the,DESERT'SUN PUIILiS111NC lair share of the cpals vl this program , only 1he Fea w ich js eppitcaDIU to commercial 0
Indusirlal developmentproloclsshalt he appliud l9
COMPANY x newspaper o5 general circulation, Section 3, Chapter 8.95 is added to the Pal the whale project basedd upon the axiOnj underry
Springs Munldical Code to read: in¢zaning classification of the prglHrry et the llmq
printed and published in the city of Palm Springs, of issuance of a bulldlna permit.Tha laps are cal
Court of Riverside,and which newspaper has been ensptAr 5,95 custood Mktg an EquNdInt Benefit Unit Machado){{
County I MSHCP MITIGATION FEE nay.A tea schedule which contains the BeF whlcti
adjudged a newspaper of general circulation by the Is applicabm to one ofthe five Foe catagorlas shall
Semons I be adopted by resolution('Resolutlon')
Superior Court of the County of Riverside,State of 8,95 010 Short Tile B. The amount of the Mel atlon Fee for
California under the date of March 24,1988,Case 8.95.020 Findingqse 9
$95.030 AdmlItIons ve Auchohry, Commeo b or d shall b based
Be a is
8.95.050 Doigations qulred to be paid she be based on the ecra 9a to
Number 191236;that the notice,Of which C11e 8.95050 Mitigation Kpe be developed and shall be calculated ad ma tiee{a
annexed is a printed copy(set is type not smaller 0,95.070 Payment of the Mm soon Fee of the Development Pm)ect Arab, jn eccortlance�
896060 Imposition of the Mlfigatdm Fee with the fallowing:
than non pariel,has been published in each regular 8.95,081] Refunds
095.090 Accpynli and Dltwreament of 1. Tile Development Project Area and
and entire issue of said newspaper and not in any Collecta l Itlgation Fees be determined by CIry stall based on ins 3ubdlvi
supplement thereof on the following dates,to wit: 8.95,100 Auomalle Annual Fee Adjustment awn map,plat plan,and other Inlormauon aubmlt
8.55110 Exemppacre led to or required by the City
8.95.120 Fve Eradiate end Waivers
p, If the III seance hetwoon the tit ecta�
d, I age as exhibited on the plot plan and the Devil•
October 1 ,2008 8.B501p Short Title, opmanl ProjectArea iglo3cthan one me Be
Iho Feeshallhopajtl onthelull Gross Acreage.
This Chapter shall be km as th
"COecnolla Valleyy Multiple Species Hebdt Can 3. An eppnca0l may elect,At his Or her
-v........�--�-- -�___—�,."_.-�_- sorvation Plan/Nattol Community Conservalto own expense, to have a Devolopment PYOlAc
Plan MW9atlon Fee Ordinance• Area dfmensioned,calculated and opnitl,d try
registered civil an Ingot or keened land surveyor
All in the yearZ008 8 95 020 FlndingS as engineer or land surveyor5hall prepare awol•i
etemp,d[after of cetfication of the bevolopmerq
City Council finds and dotermmes: Project Area dimensions and a plat plan exhiN
y(or are 1 certify declare)under penally d perjury that the thereto that cis y dellnnatu.: the Devalppmmn
A, InordartoimpMmMtthego gSzoe PrpJead Area.Upon receiptM me lacer of cortffltau
foregoing is true and correct. 1Ocbvus of the Coachella Valley Multlpl,Speci ban and plot plan exhibit me City shall review In
Habitat Conservation PlanMatural Commend sutxnitted documents.II the vela meet Prate
Conservation Plan("MSHCP`)and to mill d Arad dimensions ins feller of as cafe and th
-day Impacts caused b n ryM en ere ed4 able o rho CI
Dated at Palm Springs,California this—Uft',--- Y v now development in the e �calculate the Miti�abl 0 ra u redrelo pm II
lands supponiaq species covered by the MSHC q Pp
must be acquired and conserved, based on the con Ids Development PmJpct Area
If the Development Project Area dimensions m
-,200$ loner of conil cation,or the plot plan are not Gci
Of— OCtob4r •—� --'"--- ---"- ad m tuts ChaplpMislgnecessary�p orde to)supplo MPfobld_rO me City, me applicant shall purfommm��t,,
meal Ina Imancing of the Acquisition ill lands sup- such act (nit ea directed by Iho Clry In order to
Purling species cov0rod by me MSHCP and to pay? solve any de cmncies perceived by the CIry,
for nw vdWpment's lair snare of[his coat. 4 Where construction or other improve
C, The eppPropriafe source pI Iundinpp for mans on Oevetopmpnt Project.Aron are pronbd
-_.- — ---- • -"�" the coats aseoclaletl with ml11ge11ng Ina impacts o} ad due to legal reetdctlons On the Davelopman
new development to the natural eeosyl,=Dn ands Prelact Area, such as Federal Emergency Man-
$rgrtature coveted 5pecies within the City,as Identified in h Again
need Agency dosigneted tic ways or area..
'— C17 l` MSHCP-fsa mltigallan lee paid for by residential Isgaily requlled to remain intheir netureI stao,l
cwnmamlel and industrial developpmeat. Tnl� feet, d shelf the
Developers
udetl o�ihe pglryact oaa o coltld{
OD 1'Y amount of the Fee Is determined b the iltur pulebn ma Mitigation Fee.
and extent of the Impacts from the deyvadamant
to g
LU the identllled natdml ecosystems and the refuse,�� a-95 060 Imposition of the Mitigation Fee.
custotmjhguling such impacts.
^"J _U D, The Fop time not railed the entir Notwithstanding any other provision of the Cly'd
t.� cost of the lands which need to be acquired In pr{ Municipal Cade no permit shall be Issued for any,
C] T der to implement the M$HGP and mftlgate the Im DavofopmenI ProI et except upon the candala�
LLr 2 1— ./1 N„ Pa4l caused by new development. Additions that
man(Project has beenppaiid in accordance with
Lt. L•2� Revenues will a re cored team Omer AcAnc P I
e1 � .Iy U Mont City
is grit tar than the amours of he Fape� the provisions of his Chapter.
i� o aS to be paid by that prolecL 695.070 Payment of Iho Mitigation Fsd
E. The MSHCP and Mltjaoften Fe A, The Mitigation Fee shall be paid In tut(
N Noxua RappOn,a copy of which IS on Ala In ma CA atthe time a Candidate of Occupancy Is Issued for'
Clerk's olflcb,provide the basis or the ImpDSitl me Residential Unit yr dev aid pmant broleCt 0
Of the Foe on new aevelopmenta. u n Final Inspection,whlcnovor ocall first. N
Final Inspection shell by rgada and no CeAV t
LF�. The use of the Foe Is Bodonloned rota,{ Oat�uparlcy antl tie issued,prior tolul payman to the type antl extent of Impacts Causedh mf the Fea. Now hih(p s,ctfun shall not development,
Lon,rued-rv.prevanhpayrrwnl of the Pao pnor.l�
the resuMGa of an occupancy penult or nul In-
G �c�_,,•_rN.. I.a..�....o,.....,.,;-fnl'figei - units.
lion fof natural emystems all covered speceq B The Mitigation Fa.0.,hall be asses%e
Idcntified in the MSHCP which are impeclleo bYYII 9 D Existing Improvements that are con-
new development ere appportioned reteevo to thl me ame per lot or panel except In clews 0^^ vaned from an existing em11110d use to A different
typo and extent of Impacta caused by the dovela cnangBs in land use. The Fee Iaqulmd to ba paid ppermlded use,provldeothat no additional area
meat when there Is a�hangqn In land use shell be roldll Iha pmpody IS disturbed as a result of such con i
deter press amaunl f any mrall,u%ly pale foe Iv
H. The facts and avl0anp pmvlded 1 that Dropsdv No refund,sryall bo pmvlded to velvon_
and considered by the CIIqq Council eatal all Ina changpes In land use to a lower lee category, II E. Development within a Devehpmen
there la a reasonable relatlonahlp b,moon Ih shell De line resoonalblllry OI the eppllCanl to pro Project Area that was being Improved Or hatl bee
need for preserving the natural erneyeteme and Ice documentation of any pravlOusly paid Fee. Impmvad prof to the effective date of this Chap
covered species Idgntillod in the MSHCP and to ter.
Impacts 10 such natural ecosystems and specie C. The Mitigation Fee for commercial and,
creGlod by the types of development on which ifi industrial development projects sryall be paid in Its F. Construction of a family Residentia
Fee will he Imposed,and that there Is a reeaon I entirely for the Development Project Area an Unit upon ro d Wryarem a mobile-home,Instal
ble relallonshl0 between the Fee's use anA Ih shell not be prorated p P Y
p rp led pursuant pr an installation A polmlh was Areal
ed a This reasonable relationship is Fee
-_ 1 D• The Mit, lion Foe required to be poi ter. looted prior to the effect date of this the
more detall In the MSHCP and Mitigation Fe under this Chaplar shall be the Fee In etlaet at me, ter.
Nexus Report lima of payment G. Guest dwellings as defined In Pal
I. The used collected pursuant to E. Thom shell par no deferment Of the
Springs Zoning Cade.
the ter shall be used to rat ecosystems
the acquisitionnp O Fart beyond Final Inspection or issuance O
certificate occupancy. H. Kennels aslabllsne0 In Connectlo
the soda ie ,mead natural ecosystems antl Fee (a)01 octu ant. as an existing,Pitq In family Residential de. an
Bred spores,Be set loth xc a the th MSHCP,ere ree F. Notwlthstanding'anything in Ihe,G%S as defined m the P91m Springs Toning Cade.
.enable and will not exceed Ilea reasonably aetl Municipal Coati,or art vlhher written documen a
mated total of those costs. P y � 8,D5120 Fee Credits and Waivers.
lion to the contrary,Iha Mltlgallon Foe shell b
J. The Fee Shell be used to finance try paid whether or not the Development Protect The CI in rantto owners or developers Of m
acquisition of lands and cedaln ImprovomaFitgqgg sublecI to conditions of approval by the Clly Im ry y g
necessary ro Im lament the goals and Ob active pDs rig the raqulramen[to pay file Fua. DI pmpetlyy,a Cradlt against the Fee the,woul
of the MSHCP, P j otherwise La charged pursudnl to this Cneptef,fo
G ff all or part of the Devolopmont Proj- the dedication of land determined to be necessa
K. To ensure role Implementation of in ect is sold prior to payment of the Mmpanon Fee for inclusion in Ina MSHCP Cenaervetlon Area
darvelo meal linear fees as We In this of the Project Shall Continue to be dubjecl to The to The amount of the Credit granted shall bu deter
p P ulromant to a Na Fee as provided herein. mined by an eGht'l O Of IfiB ialr market value v
ter,It may be narcoses for the City to defer a q pay the lend dedicated. Any Credit granted I the CI
we Na such fees In Sp at cesee as may be per H. For development projects which III shell be gIvan In stated dollar amounts only. An
mined In aceordance win procedures antl gulch P P a Ilcanl for a proposed development mayy apply
ling usW6lished by the Ccecryella Valley Goner City dabs not require a Final In ipactivn or Issu IorpCredll to reduce the amount a the FBis re
vatlon Commlcglon ante of a Certificate of Occupancy the Fee Sllal
be paid price to any use or occupancy, quirotl to be paid prior to approval OF the develop
L. Even though second untie on exletln mend. Any Credit pfamod and the amount of th
g g Fee to be aid shall be included as a call o
single femll�tote may also contribute to I need I For purposes pl this Cheerer congre approval for me development if an applicant he
for so u1sh on of lands necessary to Implement1 pate care raSltlenhul facilities and recreational vP received Iha devol0pment approval from the CI
the MSHCP, the Glty retrains Irgm Imposing Ih P,iClp parks shall pay the commercial acrvaga Fee. and has net previously applied for a Credit to r
Foe on such lop ant at this Ilme and In this E.95.o60 Refunds ddCO me amount OI the Fee required to be paid
repaN find,Inal second unite,(1)provide a Coe an applicant may apply for Such Credit pFlat O is
effective means of serving development three There shell be no intend.Of all or art of an M suence of a radio elmil for the deveI mom
the use of Is In Infraslrusure,as contrasted to p Y IX g 9 P F i
requiring tea conelmdIOn ot new coolly Infield CJ 9ahOn Fae paid under NIe Chapter,except m tat Any Credit granted and the amount OI the ear far
ture to aOrvo dovela an In undevely ed areas{ es of ovarpaymeat Or mlecelculndon of the spell quired to be paid shall be included as a conddiv
P P a of approval on the grading pomin issued for in
and (2) provide relet I affordable housin to GrI a Fee. city In cggcs CI overyeyment or mis
y 9 development.
low cent silly. to Income houeehdds wl outrelculhe Mitigation
the Fee mil the ppereon or Bn111yy the
public subaldy. DSItl the MIIlgatlOn Fee be still to to a retuntl. SBdlen A. d clauses
usesOrdinancethere and the hereby
pads
8.96.090 Accounting end Disbursement of Cal ectiose,and le.If anmaft, are hereby deolara
E.95.030 Administrative Reeponalbllly, 9 m be severable.If any earl,sentence,Paregreoh
laded Mitigation Fees. gggtloq,Or reuse I,a ludded uncons dutlane 0
The City Menappnr shall be responsible for the aU I invalid,the remainder o lane Ordinance shall no
ministration ot,hle Chapter and,hall nave the au A. All lees paid pursuant to this Chapter be affected thereby,if any ud,Sortencn,pare
inertly to adopt adminmeartlye procedures conela Shall be deposited,accounted for,and exppends pp
tent with the provisions of this Chapter for the pu In accordance well Suction 66006 of the GovOen application to oily parson entlryOIsrdaojudga I sun{
pose of Implementing the provisions of this Chap mant Coca and all other applicable provisions O constitutional or Invalid,such untOn5ldu11 nallry O
ter invalidity shall affect only such pad, sentence
8.95.040 Definitions. B. Subject to the provlsionS of this sec- paragraph,section,of clause of this Ordinance,O
lion all Fee,collected Oursuant to this ChB re person or entry'and shell not affect or impair an
C p Ol the mmalmllg provision,parts,sentences,pare
As used In mug Chapter the following mom.:Ghat ,hall by mm ism n the st Ukea Valley Censer p g yallOn CommiealOn et least eared and will h gpraphs,sections,or clauses yr of mis Ordinance O
have the following meanings: q Y Cl apppllcallon 10 other ppeefa that
or enOrdi,to
expended solely tar the pmmunI it acquiring an CI Cvundl agrahy see ma Ws Ordlnenc
'CertlLcfllO of Occupancy"means a Cedlficete o 'a in vegetation communlUee and natural would have been adopted had seta unCon%!n
OCeupency issued by the City in accordance wit areas within the Cary and me ion which suppo li0eel or Invalid pert sentence pare reph,Garton
all a Ilcabbla ordinances,regulations,and rules q a else covered In he MSHCP in accordance with q
pp g of clause of this Ordinance not Seen include
the CIN and Slate law or Such otter Suite,, NO me prove ions of the
MSHCP. .herein;or had such person or oallly been expre
of InB CIIyye Building Official allowing a building ly exempted From the application of this Ordl
I no cocupfard. C The Cryy may recover the costs of ad nonce.
minlelorinq the provldlona of this Cie for using the, -
'City Mane r" means the City Manager of N Revenues Mated UY the Fees,In an amours
Y gherein 5. This emed an and the tea the Pa
City or the L81ry ManflgeYe designee. and y thJece colas end regulations establish- herein Shall be deemed an amendment of the pro{
I ad Stony Ito Cvachelle Valley Conservation Commis visions of the Fringe Toad Ul Fee, Includln
"Coachella Valley Conservation commission without limitation Resolution, 14751 153
means fhe ovemingg body established pursuant 15439,15632,15860,1601E and 19920 antl In
the MSHCP that IS dolagaled Ne aulhorlty log" 8.95.100 Aulomalic Annual Fee Adjustment Fringe Toad Llxertl FBe snail be deemed amend
area end Implement the provisions M me MSHCP. The Fee eatebllshed by this Chapter shell be r ad and superseded by the foe provided in This Or
'Conservation Areas'has the same meenln an vlsed annually by moans of an automatic adjust• dlnance.
intent as sued term is defined and Waltzed Pn themart at the beginning of seen fiscal year based o Sorption 6, This Ordinance shall lake effect Imme
MSHCP. the average percentagge Change over the pprevbu dlately upon Issuance of the apppropriate penult
calendar yyear Sol forth In the Consumer Phco in aUlaoelxln take In connection WIN the MSHCP h
'Credit'means a Credit allowed pursuant to Sec sax 1gr'All Urban COneumere"In ins L05 Anpales g
Anaheim-Rlverelde Area measured as of m the U.S.Fish aqd Wanda Service and Cetiloml
lion 11 he rhea Che ter, which may be applle Department of Fish and Game,Including,artificial
against the Fee pal month Of December in Iha calendar year wink IimltetlOne the Incidental take permits la Covered
ends In ins Shall
netprevious fiscal year.The first Fee Ad d
Development pro eel"means en project under uatmenl Shall net be made rlor to a minimum o V.oar l ppursuant e goal 10(a)(and a Ih
P j Y 4 P Federal Entlen eretl Species Act end a or arl
taken for the purpose of developmunl purauanr 1qq{{'II' en(10)menthe subsequen to Iha effeca dat� 2900 of the OWmile.Fish and Game Code or vq
the issuance of a building parmX by the Cky pgf{ of this Chapter The Fee are ravleetl annually the soet 1 rat(91%t)day after adoption,whichever
suant to all a likable trollencee, WelivnI shall be compiled by the Director of Finance an y"
pb fee event Occurs last.
anal rules of the try and stets law shall bar included In an annual report g the City
Council pertaining as
to the accounting t theSuellen 7. This Interim urgency ordinance she;
"Development Projed Arse' meene ins area. MSHCP Fea as required by Government Cod take ImM0,11 u n Its moptlon by a
moasurgd In acres,from 1119 adjacent-mad ri tit eodlOn 66006. yy
g four-fifths(4/6)vote of the Iry Council, This Inter
of-wale line to the limits W pmJecf Im rovement5 im ur oncy ordinance shall continue in effect unb
Development Pro ed Aree Includes aPI project In 6.95110 Exemptions. qq
the Ordlnanoo No. becomes andeffectivema an
provof i nls end Breed that arm disturbed o a The following ,hall thereafter be at no er IerCe,atl effect
eft of the project I in all
on I owner a Noes 01 construction this C a shall he ox
Grose Acraag0.1ndudmg ell areas deplGlaE on snot from the provisions of this ChaplBC - CERTIFlCATION
forms to it 0 be cup We to the pur-Ciryry A. Reconstruction of a flaraldentlEl Unit o
suant ut this ChapICr and/or omer applice 0 do. I James Thompson,CI Clark Of the City OI Pal
veld mast Ordinance Or elation of the ClEx commercial or industrial building damaged or d ry
P rsg ry• �prings,Cahmml9,do hereby caNly that Interim
cool us otherwise provided herein,the DevalO slroyed by fire Or other n9lulal causes. Urgent Ordinance N0.1752 was Introduced end
mans Project Area IS ins area upan whmh the prof 6 Rehabilitation or remodeling,v an ex adopIs at a reggular meeting of Iha _,ly round
act will OB asseased the MSlgatlorl Fes, g her on Ito 1st tlay of Ocnber,2008 by the follow
ishnpp Residential Unit, commercial or Industrial Ing vote'
'Final Inspection'moans a Final Inspection of bull ng,and additions to an Bxlsting 110111 nlia1
Development Project as defined by the buildln Unit or commercial or Industrial building. AYES: Coun rnmelbers, Hutcheson, Mills
coded of the Cry. C Secondary Residential Units, con- Walgel Mayor Pro Tom Feet and Mayor paugnet
Grose Acre means rile total property area as� sbucted on developed residential property and NOES: None
allow _oll-o iplif i lyismn map of r� J..0r deem m@011BflJlLslede-and Ofry_r3A4UAmn9nl+ l¢rEuch ABSENT: None
p ABSTAIN None
- -- - --- -'-' Jame..Thompson City Clerk
ORDINANCE NO. 1752
AN INTERIM URGENCY 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. 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
8.95.010 Short Title
8.95.020 Findings
8.95.030 Administrative Authority
1
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.
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.
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.
2
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.
8.95.0A0 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
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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.
"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.
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"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 an 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
Development Project Area. If the Development Project Area dimensions,
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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.
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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.
8.95.110 Exemptions.
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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 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.
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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 (615) 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. becomes effective and shall
thereafter be of no further force and effect.
CERTIFICATION
I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify
that Interim Urgency Ordinance No. 1752 was introduced and adopted at a regular
meeting of the City Council held on the 15t 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
—yi r
J mes Thompson, City Clerk
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