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Home My WebLink AboutA3436 - LAFCO ANNEXATION 26 County of Riverside Annexation 26 Mrr Amend 1 of A3436 ' i �i' MO 7721 07-20-05 � A' r ) ? E City ®f Palm Springs . , r David H. Ready, City Manager 3200 Tahquia Canyon Way 4 Palm Springs,California 92262 001 r TEL*(760)323-8201 •FAX (760)323-8207 • TDD.(760)864-9527 July 22, 2005 Riverside County Administrative Center 4080 Lemon Street Riverside CA 92501-3651 Attention: Larry Parrish, CAO Dear Mr. Parrish: The Palm Springs City Council has amended Agreement No. 3436 of the Annexation 26 Agreement with the County of Riverside, and has directed the Palm Springs Fire Chief to assume fire services in Fire Protection Area 2. This area is currently receiving its fire protection service from the Riverside County Fire Department. This amendment is based on ARTICLE 10 of the Annexation Agreement which allows the City to assume fire protection, fire prevention/code enforcement, and BLS services for Fire Protection Area #2. If it does, the City may cease making the annual payment to the County. This letter is to advise you that the City wishes to exercise its option to provide fire protection services in Area #2 beginning on September 1, 2005, and be relieved of our financial obligation to the County Fire Department on that date. In order to effectively make this transition in the delivery of fire services, our fire departments have tentatively scheduled to meet on August 171h, 10 AM at the Palm Springs Fire Department Headquarters located at 300 N. El Cielo Road in Palm Springs. The chief officers of each department should meet to determine a transition plan so that the change can be as efficient as possible. The Palm Springs Fire Department and the Riverside County Fire Department have a long history of cooperation by providing automatic aid and mutual aid services to each other, and it is our desire that this spirit of cooperation will continue. Sincerely, _ n ;vid ?✓.Blake G. Goetz, Fire Chie H. Ready, City Man CO: Michael O'Connor, Deputy County Executive Officer Craig Anthony, Riverside Co. Fire Chief Attachments: Minute Order #7721 Annexation Maps Annexation Agreement Post Office Box 2743 0 Palm Springs, California 92263-2743 MINUTE ORDER NO. 7721 APPROVING THE AMENDMENT NO, I TO AGREEMENT NO. 3436 WITH THE COUNTY OF RIVERSIDE AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE COUNTY OF RIVERSIDE AS IT RELATES TO FIRE SERVICES (ARTICLE 10), AND AUTHORIZING THE FIRE DEPARTMENT TO INCREASE DAILY STAFFING AT FIRE STATION 443 FROM TWO PERSONS TO THREE PERSONS (CAPTAIN, ENGINEER, AND FIREFIGHTER). I, James Thompson, City Clerk of the City of Palm Springs hereby certify that this Minute Order, Approving Amendment No. 1 to Agreement No. 3436 with the County of Riverside and the Community Redevelopment Agency of the County of Riverside providing for the City to assume fire services in the Fire Protection Area 2N; and Authorize increased staffing at Fire Station No. 443 to three persons (Captain, Engineer, and Firefighter) in the First Quarter of 2006 and direct staff to prepare the appropriate amendment to the Allocated Positions Resolution A3436, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20th of July, 2005. mes Thompson, City CI rk 8TH AVE i F - - 87' '6T 4TH-9T- 6T - ra31 O .CDESERT VIEWAVE-- '� . "- *� rAa ''- . '� ' - ''- '; A 3 P_Q _ ..-a e _ C 137 AVE } U I� HACIENDA DR �.. THQfiAAS /E: ^I i '•p • _ - s' - , 'a% .� 's .-`3-. .t�.• - -J.. - S`_. +.t '4,- 1�';. w r. • -- . 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IY CLERK CrrY OF PALM SPFINaB BOXZ7a7 ANNEXATION AGREEMENT _ Pr"' � ftlNCS,CA."= THIS ANNEXATION AGREEMENT ( "Agreement " ) is entered into as of the effective date hereof , by and between the County of Riverside ( "County" ) , the Community Redevelopment Agency of the County of Riverside ( "County Agency" ) , and the City of Palm Springs ( "City" ) . This Agreement is entered into in consideration of the following: R E C I T A L S A. County is a political subdivision of the State of California, with the responsibility of providing governmental and public services to all unincorporated areas within its boundaries . B . The City is a municipal body, corporate and politic, with the responsibility of providing government and public services and controlling municipal affairs for all areas within its boundaries . C. County Agency is a community redevelopment agency, duly formed and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. , with jurisdiction over areas which include territory impacted by the Annexation which is the subject of this Agreement . D . City presented an application to the Riverside County Local Agency Formation Commission, seeking an amendment to its sphere of influence and seeking annexation of various property more specifically described herein. County originally opposed the Sphere of Influence Amendment and the Annexation Application. After discussion and negotiation with the City, however, County and City have identified the bases for resolving the issues which led to the County' s opposition. E . The Riverside County Local Agency Formation Commission approved City' s Sphere of Influence Amendment, and Application for Anne aticn on October 28 , 1993 . LAFCO designated the City of Palm Springs as the conducting authority for carrying out further proceedings , and the City' s conducting authority proceedings are currently pending. F. City, County, and County Agency now wish to enter into this Agreement, to define their various respective responsibilities for the provision of public services in the Annexed Area and surrounding areas, for allocation for revenues therefrom, and to define the parties ' intentions rewarding potential future annexation activities . F82\15910140&.O01V2086563.14 L9/id194 _ - NOW, THEREFORE, in consideration of all the foregoing, the parties to hereby agree as follows ; ARTICLE 1 . DEFINITIONS . As used in this agreement, the terms set out below shall have the meaning as indicated in the following definitions . 1 . 01 Annexation . "Annexation" means the annexation of the Annexed Area, as initiated by resolution of application from the City of Palm Springs to LAFCO, commonly known as Annexation No . 26 to the City of Palm Springs , and designated by LAFCO as LAFCO No . 93 -28 -3 . 1 . 02 Annexed Area. "Annexed Area" means approximately ' 13 . 5 square miles of area which is the subject of the Annexation, and which is more specifically described in Exhibit A hereto. 1 . 03 Citizen Advisory Committee . "Citizen Advisory Committee" means a committee which will be formed by the City from representatives of the Communities cf West Garnet, North Palm Springs, Palm Springs Oasis , and Snow Creek, to be formed pursuant to the provisions of Article 11 below. 1 . 04 Citv. "City" means the City of Palm Springs . 1 . 05 City Aaencv. "City Agency" means the Community Redevelopment Agency of the City of Palm Springs. 1 . 06 Fire Protection Area #1. "Fire Protection Area #1" means an area including Belle Monte/Para Andreas , the boundaries of which are more specifically described in Exhibit "B" hereto, in which the City will provide fire protection services pursuant to an agreement to be entered into with the County, as provided in Article 10 below. 1. 07 Countv. "County" means the County of Riverside. 1 . 08 Fire Protection Area #2 . "Fire Protection Area #2 " means all those portions of the Annexed Area and the Potential Annexation Area not included within Fire Protection Area #1, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "C, " in which the County will provide fire: protection services pursuant to an agreement to be entered into with the City, as provided in Article 10 below. 1 . 09 Countv_A4enc•v. "County Agency" means the Community Redevelopment Agency of the County of Riverside . 1 . 10 Effective Date . "Effective Date" means the date on which this Annexation Agreement is executed on behalf of the City of Palm Springs . P5Z159101408A.001814086563.14 )9/28194 - 1 . 11 Implementina Permit . "Implementing Permit " means permits for facilities necessary to construct and place in operation any wind energy conversion system contemplated in a WECS Permit . Implementing Permits include , but are not limited to, building permits , electrical permits, and grading permits . 1 . 12 LAFCO . "LAFCO" means the Local Agency Formation Commission of Riverside County. 1 . 13 Police Protection Area. "Police Protection Area" ; means the unincorporated communities of. West Garnet, Palm Springs Cas:is , and surrounding areas, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "D . " 1 . 14 Potential Annexation Area. "Potential Annexation Areal" means those areas not included within the Annexation Area, including the communities of Garnet, West Garnet, North Palm Springs, and Overture, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "E . " 1. 15 Protect Area . "Project Area" means any redevelopment project area of the County whose area lies either wholly or partly within the Annexed Area. 1 . 16 WECS Ordinance. "WECS Ordinance" means the ordinance of the City governing the permitting of wind energy conversion systems in the form which may be approved by City Council, and which shall, when approved, be attached to this Agreement as Exhibit "F. " 1 . 17 WECS Permit . "WECS Permit" shall mean a discretionary land use approval , whether by conditional use permit or otherwise, which permits the development of a wind energy conversion system. ARTICLE 2 . EXHIBITS . The following are the Exhibits to -this Agreement, each of which is incorporated by reference, as though fully set forth herein. EXHIBIT A: Map of Annexed Area EXHIBIT B : Map of Fire Protection, Area #1. EXHIBIT C; Map of Fire Protection Area #2 . EXT4121T 0 : Map of Police Protection Area EXHIBIT E : Map of Potential Annexation Area EXH2327 F WECS Ordinance of City of Palm Springs n TB I" G : City resolution No . 13682 . F52U591014084.0018120E5563.14 /9123194 - ARTICLE 3 . TERM. The term of this agreement shall commence on the Effective Date , and shall continue until such time as City annexes the Potential Annexation Area, or until terminated by mutual agreement of the parties . ARTICLE 4 . PROCESSING AND COMPLETION OF ANNEXATION. City agrees to use its best efforts to promptly and diligently prosecute all conducting authority proceedings on the Annexation, and to otherwise perform all acts necessary or beneficial to the successful completion of the Annexation. County agrees that it will support the Annexation through all administrative and other ' proceedings , which shall include, but not be limited to, refraining from expressing any written or oral protest to the Annexation on behalf of itself or any other party, refraining from joining with or assisting any other party, directly or indirectly, for the purposes of bringing any protest to or opposition to the Annexation, refraining from bringing or joining with or assisting any other party in bringing any judicial proceeding challenging the Annexation or any aspect of it, and expressing public support through all administrative or other proceedings regarding the Annexation. County' s obligation to support the Annexation shall continue until the Annexation is completed and final and any litigation or other proceeding challenging the validity of the Annexation or any aspect of it has been fully and finally resolved, or the time for bringing any such challenge under applicable statutes of limitations have passed, and no such legal action or other proceeding has been brought. Nothing in this Article 4 shall be :read or understood to prevent LAFCO from performing any of its statutory duties in connection with the processing of the Annexation. ARTICLE S . CITY CONSIDERATION OF ANNEXATION OF POTENTIAL ANNEXATION AREA. City agrees that, during the term of this Agreement, it shall explore the possibility of annexing the Potential Annexation Area. City' s efforts in this regard shall include conducting at least one public hearing regarding the question of annexing the Potential Annexation Area to the City. City shall provide written notice to County of the conduct of any such public hearing, no less than twenty (20) days prior to the date of the hearing. In addition., City shall provide notice of the hearing to residents of the Potential Annexation Area, by publication, posting of notices in conspicuous public places , or such other manner as City deems appropriate and effective to inform the residents of the Potential Annexation Area of the pendency of the hearing. At the hearing, the City shall consider any and all views expressed regarding the annexation of the Potential annexaticn Area to the City, whether `torn residents of the Potent_al Annexation area, residents of the City, or the County, and sra'_'_ consider any and all evidence 9521159101a0Bi-I%118\20865fi3.1+ tM726/9� " y - submitted regarding the question of the Annexation or the Potential Annexation Area . After consideration at the public hearing, City shaLl determine whether it shall pursue a resolution of application initiating proceedings with LAFCO for the annexation of the Potential Annexation Area . ARTICLE 6 . ALLOCATION OF COUNTY TU LEVY. After the Annexation is complete , County shall allocate and cause to be paid to the City the revenues from various allocations to the County of tax revenues, as more specifically set forth in City Resolution No . 13682 , a copy of which is attached as Exhibit ARTICLE 7 . COUNTY SERVICE AREAS AND MAINTENANCE DISTRICTS . County agrees to fully cooperate with the City in the City' s efforts to obtain revenues from any taxes or assessments levied by or on behalf of any county service area, road maintenance district, or other similar service area or special district whose boundaries include the Annexed Area, in the proportion that the cost of providing services within the Annexed Area bears to the cost of providing services to the full area of the county service area, road maintenance district or other similar special district or special assessment area. County' s agreement to support City' s efforts in this regard includes, but is not limited to, supporting any requests for such revenues or allocation of revenues before LAFCO. ARTICLE S . CITY RELATIONSHIP WITH COUNTY AGENCY. 8 . 01 County Aaencv Pass-through Agreement . In the event that the allocation of tax increment to the County Agency from the Annexed Area results in a fiscal burden or detriment to the City in the provision of services to the Annexed. Area, County Agency shall consider, and use its best efforts to pursue and enter into, a 'pass- through agreement with the City. The pass-through agreement shall allocate all or a portion of the tax increment revenues attributable to the Annexed Area in an amount demonstrated by the City to be necessary for the proper and adequate provision of services to the Annexed Area. 8 . 02 Assumnticn by City of Jurisdiction Over Annexed Areas . It is the intention of the City, City Agency, County, and County Agency, that City and City Agency will assume full jurisdiction over those areas annexed to the City. In addition, it is recognised that certain County redevelopment project areas ( "Project Area" ) established pursuant to the Community Redevelopment Law lie partially within and without the Annexed Area. If a substantial portion of such Project Area is within the Annexed Area, then the parties agree that it is their intent that the entire Project Area be administered under the Community Redevelopment Law by the City Agency. Toward this end all -parties agree that they will cooperate fully and witsi reasonable dispatch P52\139\0140SJ.00I B\20E55fi]J� Y3129/9� - - to utilize the procedures of Health and Safety Code Section 33216 to complete the transfer of full jurisdiction of the Project Area to the City Agency whenever all or a substantial part of any Project Area or any sub-area of any Project Area is annexed to the City. Cn an interim basis , until the actual change in jurisdiction occurs , the City Agency shall serve as an advisory body to the County Agency with respect to any portions of a Project Area which are within the boundaries of the Annexed Area or the Potential Annexation Area and all matters in any way affecting such portions of a Project Area shall be referred to the City Agency for review and comment at least 45 days before any action is taken by the County Agency. The County Agency shall consider any comments received by City or City Agency prior to taking action. The notice to be given by County Agency shall state the time limits for review ;; and comment , and shall reference this Agreement . ARTICLE 9 . POLICE SERVICES . The County shall continue to be the agency legally responsible for providing police services in the Police Protection Area, but Citv shall offer those additional police services specified in this Art:Lcle to the Police Protection Area. The services to be offered by the City shall include police response by City police forces in the Police Protection Area, and cooperation with other law enforcement agencies having jurisdiction over the Police Protection Areal. City' s responsibilities for providing police services to the Police Protection, Area shall, other than performing routine patrols , include traditional uniformed police services . The need . for follow-up police services shall be determined by the City/County law enforcement personnel . ARTICLE 10 . FIRE SERVICES . County shall continue to provide fire protection, fire prevention/code enforcement, and Basic .Life Support (BLS) services within Fire Protection Area #2 . City shall provide fire .. -protection, fire prevention/code enforcement, and Basic Life Support (BLS) services in Fire Protection Area #1. From and after the time the tax shift described in Article 6 is fully approved and implemented, and the City actually receives such shifted tax revenues , City shall pay twenty-five percent (25a) of the County' s reasonable, actual operating cost of the North Palm Springs Fire Station. County shall annually provide City with written notice of such costs, and the amount due from the City based thereon, ne later than sixty (60) days after the close of the County' s fiscal year. In the event City assumes fire protection, fire prevention/code enforcement , and BLS services for Fire Protection Area #2 at some future date , City' s obligation to make the payment provided for in this Article 10 shall thereupon cease . ARTICLE 11 . =TZEN ASV=SCR`_' COW_TTTEE . Cit_,, sha_1 fora a Citizen Advisory Committee to advise and address t:ie C- ry on all Cit;r acti,r<tias which affect or ctaar"q se M11591014084-00I M0S6563.14 091:319i - o- impact the duality of life in Potential Annexation Area . The Citizen Advisory Committee shall be composed of four (4 ) members , with one resident representative from each of the communities of West Garnet , North Palm Springs , Palm Springs Oasis , and Snow Creek. The Citizen Advisory Committee will also consult with, and advise, the City on the permitting and development of wind energy conversion systems within the Annexation Area. Members of the Citizen Advisory Committee shall be selected by such method as City may determine, in consultation with the County, and consistent with state law . ARTICLE 12 . WECS ORDINANCE AND WECS PERMIT PROCESSING. 12 . 01 WECS Ordinance. All parties agree the WECS, Ordinance appended to this Annexation Agreement as Exhibit F, including such amendments as City may adopt from time to time, shall be fully applicable to the Annexed Area as the standards under 'which any and all discretionary land use permit applications for the development or operation of a wind energy conversion system shall be governed. 12 . 02 WECS Permits . The parties agree that upon the Effective Date, responsibility for and jurisdiction over the processing and approval of any WECS Permits or implementing permits for wind energy conversion systems within the Annexation Area shall lie: with the City. Notwithstanding the foregoing, to the extent that the County has accepted any permit applications for WECS Permits or implementing permits which are substantially complete on the Effective Date, County may continue to process. such applications if the applicant on such application so desires . In processing such applications , the County shall apply those ordinances , rules , and regulations of the County in effect at the time of County processing of the applications . In the processing of any and all such applications, County shall serve as the designated agent of the City. City shall recognize the validity of any, and all WECS Permits and implementing permits granted by the - - County pursuant to such processing, including any and all terms and conditions imposed thereon, as though such WECS Permits or Implementing Permits were issued in the first instance by City . County shall retain any and all application or processing fees paid by any- applicant pursuant to any such application. ARTICLE 13 . COORDINATION OF PLANNING ACTIVITIES . County agrees that prior to considering any application for any discretionary land use approval for any property included within the Police Protection Area, Fire Protection Area nl, or the Potential Annexation Area, County will forward the plans for any improvement, constructicn, or other development proposed pursuant to such application to City for City' s review and comment . City' s review and comment shall include review by City' s Fire Department , Police Department , Department of Building, and Planning Department . The mur7ose of Cit"I' s review and comment will be to inteurate to the ma:,imum extent aosstbl= all proposed devPlopment in the City F5111591014084.0018\.096563.:4 Fire Protection Area and the Potential Annexation Area with surrounding actual or proposed land uses in City, and with City' s overall development standards for the type of land use proposed by the application. Any comments City has to the proposed plans sha11 be forwarded in writing to County no later than thirty (30) days after County forwards such plans to the City, unless the parties agree in writing to a longer period. All plans so forwarded by the County shall be stamped or otherwise clearly marked to reflect the time limits for City' s review and comment , and shall specifically reference this Agreement . County shall consider all comments forwarded by City regarding the application before taking any action on such application. ARTICLE 14 . INDEMNITY. This Section shall govern any liability incurred by one party through the fault of any other party. 14 . 01 Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or jurisdiction delegated to the County or County Agency or under this Agreement . It is also understood and agreed that, pursuant to Government Code Section 895 . 4, County and County Agency shall fully indeemnify, defend, and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810 . 8) occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or ;jurisdiction delegated to County or County Agency under this Agreement . 14 . 02 Neither County nor County Agency, nor any officer or employee of County or County Agency shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to the City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895 .4, City shall fully indemnify, defend, and hold County 'and County Agency harmless from any liability imposed for injury (as defined by Government Code Section 810 . 8) occurring by reason Of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement . ARTICLE 15 . MISCELLANEOUS . 15 . 01 Severability. If any provision of this Agreement is adjudged invalid, void, or unenforceable, that provision shall not affect , imnair, or invalidate the remainder of this agreement , unless such judgment renders it impossible for the parties to perform under the remainder of the agreement . 1.5 . 03 Notice . Any nctice required or permitted to be given by one party to the other under this agreement shall be in F52\159\014054-0018R086563.14 09M/94 writing, and delivered personally to the party, or mailed with postage fully prepaid, registered or certified mail , return receipt- requested, addressed as follows : IF TO COUNTY: Robert T. Anderson Administrative Center Administrative Office, Twelfth Floor 4080 Lemon Street Riverside, California 92501-3651 Attention: Chief Administrative Officer IF TO COUNTY AGENCY: County of Riverside Redevelopment Agency P .O . Box 1180 Riverside, California 92502-1130 Attention: Executive Director IF TO CITY: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager WITH A COPY TC: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Attorney or such other address as the parties' may designate from time to time: in writing to each other. 13 .03 Authority to Execute . The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party; (iii) by so executing this Agreement such party is formally bound- to the provisions of this Agreement; (iv) the entering into of this Agreement does not violate any provision of any other agreement to which that party is bound; and (v) there is no litigation or legal proceeding which would prevent the parties from entering into this Agreement. 15 . 04 Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes all previous negotiations , discussions , and agreements between the parties . No parel evidence Of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement . ENTERED =0 as of the Effective Date stated herein. COUNTY OF RT_VERSIDE FS411590140U-L018\2056563.14 0122194 - 9 - COUNTY OF RIVERSIDEf By: Its : _Chairman ; Board of Supervisors KAY CENICEROS APPROVED AS TO FORM: �, ATTEST: By: 1�� GERALO MALONEY, Clerk County counsel 6 G2(/YGR,. CEP(Iiy COUNTY AGENCY Its ; airman, Redevelopment Agency KAY CENICEROS APPROVED AS TO FORM: ATTEST: GERALD ALONEY, Clerk By: L u k. Counsel for County Agency DEPUTY ATTEST: CITY 0 ALM SPRING By: --L�;Zit•y Clerk Its : APPROVED AS TO FORM: BY: . Da,)-id �. Aleshi , City Attorney City of Palm Springs APPR•OYEI? BY THE CITY COUNCIL BY RES. IN(D. 'Y• to I HEREBY CERTIFY that the foregoing Agreement ® an the City of Palm Springs and the County of !� 3 �3G side was duly adopted' by the City Council of the ){ Palm Springs , in a meeting held on the 5th day tober 1994, and that same, has not been amended or altered. , this 11th1day of October, 1994. �—�Pa`trtci'a�A. Sanders Deputy City Clerk 57115910140M-I)71 e170Lh5L9.14 09/1E/RI _� - i1AAys 7, Jay Thompson From: Jay Thompson Sent: Tuesday, March 28, 2006 12:20 PM To: Blake Goetz Subject: MIA Agreement No. A3436 Blake: On July 20 the City Council approved Amendment No. 1 to Agreement No. 3436 with County of Riverside to assume fire services in Fire Protection Area 2N. e�ave 6e!ver been providdec an agreement to process. Please advise. THANKS, Jay p i.g Q tea✓ /� —ak ` —a 4/5/2006 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA '• FROM: ECONOMIC DEVELOPMENT AGENCY SUBMITTAL DATE: September 29, 1994 SUBJECT: Palm Springs Annexation Agreement Riverside County Annexation #26 RECOMMENDED MOTION: AGREEMENT #3436 R18486, 10-5-94 That the Board of Supervisors approve the attached Annexation Agreement between the County of Riverside, the Riverside County Redevelopment Agency and the City of Palm Springs. BACKGROUND: On October 28, 1993, LAFCO approved Annexation No. 26 of the City of Palm Springs (LAFCO No. 93- 28-3). The annexation was conditioned upon the execution of an agreement between the City and the County for the provision of law enforcement and fire services to incorporated "pockets" created by the annexation. (continue on next page) Brad ey J. Hud; n, xecutive Director FINANCIAL DATA: CURRENT YEAR COST: $_ ANNUAL COST: $ NET COUNTY COST : S IN 'CURRENT YEAR BUDGET: YES NO BUDGET ADJUSTMENT: YES NO FOR FY: COMPANION ITEM ON BOARD OF DIRECTORS AGENDA: YES X NO .SOURCE OF FUNDS: +RECOMMENDATION: APPROVE. 1� ifl.�'•_ �,' � Administrative Officer Signature Q 1 o J, S li MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Larson, seconded by Supervisor Ceniceros and duly carried, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Dunlap, Ceniceros , Larson and Younglove Noes : Buster Gerald Malon y Absent : None C r he § ' Date : October 4 , 1994 y: xc : EDA, Co .Co . , Auditor Deputy Prev. Agn. ref. Dist. 3 and 4 AGENDA NO. FORM 11 (Rev. 1/92) ATrA WENTS (FILED 2 ;) WITH THE CLERK OF THE 5WD 1 3 0 L.� Palm Springs Annexation Dement September 29, 1994 — Background: (continued) The attached agreement is structured to meet this requirement and to provide for orderly planning and community input into decisions affecting the unincorporated residents impacted by the annexation. The primary features of the Agreement are as follows. 1. Provides for cooperation and coordination between the Riverside County Redevelopment Agency and the City for project areas and sub-areas that are annexed into the City. 2. Requires the City to provide enhanced law enforcement services to the Garnet, West Garnet and other areas as shown on Exhibit "D" to the Agreement. 3. Requires the City to provide fire services to certain unicorporated areas and to reimburse the County of Riverside for 25% of the cost of operating the North Palm Springs fire station. 4. Establishes an advisory committee comprised of unincorporated residents to advise the City on issues which affect the unincoporated areas adjacent to the annexation. 5. Provides for the coordinated processing of land use applications in the annexation area. FORM 11 (Rev. 1/92) *CLERKS COPY/ ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ( "Agreement" ) is entered into as of the effective date hereof, by and between the County of Riverside ( "County" ) , the Community Redevelopment Agency of the County of Riverside ( "County Agency" ) , and the City of Palm Springs ( "City" ) . This Agreement is entered into in consideration of the following: R _E, C I T A L S A. County is a political subdivision of the State of California, with the responsibility of providing governmental and public services to all unincorporated areas within its boundaries . B. The City is a municipal body, corporate and politic, with the responsibility of providing government and public services and controlling municipal affairs for all areas within its boundaries . C. County Agency is a community redevelopment agency, duly formed and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. , with jurisdiction over areas which include territory impacted by the Annexation which is the subject of this Agreement. D. City presented an application to the Riverside County Local Agency Formation Commission, seeking an amendment to its sphere of influence and seeking annexation of various property more specifically described herein. County originally opposed the Sphere of Influence Amendment and the Annexation Application. After discussion and negotiation with the City, however, County and City have identified the bases for resolving the issues which led to the County' s opposition. E. The Riverside County Local Agency Formation Commission approved City' s Sphere of Influence Amendment, and Application for Annexation on October 28, 1993 . LAFCO designated the City of Palm Springs as the conducting authority for carrying out further proceedings, and the City' s conducting authority proceedings are currently pending. F. City, County, and County Agency now wish to enter into this Agreement, to define their various respective responsibilities for the provision of public: services in the Annexed Area and surrounding areas, for allocation for revenues therefrom, and to define the parties' intentions regarding potential future annexation activities. F52\759\014084-0018\2086563.14 09/28/94 OCT 0 4 t994 -1- J 2,Z NOW, THEREFORE, in consideration of all the foregoing, the parties to hereby agree as follows : ARTICLE 1. DEFINITIONS . As used in this agreement, the terms set out below shall have the meaning as indicated in the following definitions . 1 . 01 Annexation. "Annexation" means the annexation of the Annexed Area, as initiated by resolution of application from the City of Palm Springs to LAFCO, commonly known as Annexation No. 26 to the City of Palm Springs, and designated by LAFCO as LAFCO No. 93-28-3 . 1 . 02 Annexed Area. "Annexed Area" means approximately 13 . 5 square miles of area which is the subject of the Annexation, and which is more specifically described in Exhibit A hereto. 1 . 03 Citizen Advisory Committee. "Citizen Advisory Committee" means a committee which will be formed by the City from representatives of the Communities of West Garnet, North Palm Springs, Palm Springs Oasis, and Snow Creek, to be formed pursuant to the provisions of Article 11 below. 1 . 04 City. "City" means the City of Palm Springs . 1. 05 City Agency. "City Agency" means the Community Redevelopment Agency of the City of Palm Springs . 1. 06 Fire Protection Area #1. "Fire Protection Area #111 means an area including Belle Monte/Part Andreas, the boundaries of which are more specifically described in Exhibit "B" hereto, in which the City will provide fire protection services pursuant to an agreement to be entered into with the County, as provided in Article 10 below. 1. 07 County. "County" means the County of Riverside. 1 . 08 Fire Protection Area #2 . "Fire Protection Area #211 means all those portions of the Annexed Area and the Potential Annexation Area not included within Fire Protection Area #1, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "C, " in which the County will provide fire protection services pursuant to an agreement to be entered into with the City, as provided in Article 10 below. 1. 09 County Agency.. "County Agency" means the Community Redevelopment Agency of the County of Riverside. 1. 10 Effective Date. "Effective Date" means the date on which this Annexation Agreement is executed on behalf of the City of Palm Springs . PS2\159\014084-0018\2086563.14 09/28/94 -2- 1 . 11 Implementing Permit . "Implementing Permit" means permits for facilities necessary to construct and place in operation any wind energy conversion system contemplated in a WECS Permit . Implementing Permits include, but are not limited to, building permits, electrical permits, and grading permits . 1. 12 LAFCO. "LAFCO" means the Local Agency Formation Commission of Riverside County. 1 . 13 Police Protection Area. "Police Protection Area" means the unincorporated communities of West Garnet, Palm Springs Oasis, and surrounding areas, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "D. " 1. 14 Potential Annexation Area. "Potential Annexation Area" means those areas not included within the Annexation Area, including the communities of Garnet, West Garnet, North Palm Springs, and Overture, the boundaries of which are more specifically indicated on the map attached hereto as Exhibit "E. " 1 . 15 Project Area. "Project Area" means any redevelopment project area of the County whose area lies either wholly or partly within the Annexed Area. 1 . 16 WECS Ordinance. "WECS Ordinance" means the ordinance of the City governing the permitting of wind energy conversion systems in the form which may be approved by City Council , and which shall, when approved, be attached to this Agreement as Exhibit "F. " 1. 17 WECS Permit. "WECS Permit" shall mean a discretionary land use approval, whether by conditional use permit or otherwise, which permits the development of a wind energy conversion system. ARTICLE 2 . EXHIBITS . The following are the Exhibits to this Agreement, each of which is incorporated by reference, as though fully set forth herein. EXHIBIT A: Map of Annexed Area EXHIBIT B: Map of Fire Protection Area 41 . EXHIBIT C; Map of Fire Protection Area #2 . EXHIBIT D: Map of Police Protection Area EXHIBIT E: Map of Potential Annexation Area EXHIBIT F: WECS Ordinance of City of Palm Springs EXHIBIT G: City Resolution No. 13682 . BS2\159\014084-0018\2086563.14 09/28/94 -3- ARTICLE 3 . TERM. The term of this agreement shall commence on the Effective Date, and shall continue until such time as City annexes the Potential Annexation Area, or until terminated by mutual agreement of the parties . ARTICLE 4 . PROCESSING AND COMPLETION OF ANNEXATION. City agrees to use its best efforts to promptly and diligently prosecute all conducting authority proceedings on the Annexation, and to otherwise perform all acts necessary or beneficial to the successful completion of the Annexation. County agrees that it will support the Annexation through all administrative and other proceedings, which shall include, but not be limited to, refraining from expressing any written or oral protest to the Annexation on behalf of itself or any other party, refraining from joining with or assisting any other party, directly or indirectly, for the purposes of bringing any protest to or opposition to the Annexation, refraining from bringing or joining with or assisting any other party in bringing any judicial proceeding challenging the Annexation or any aspect of it, and expressing public support through all administrative or other proceedings regarding the Annexation. County' s obligation to support the Annexation shall continue until the Annexation is completed and final and any litigation or other proceeding challenging the validity of the Annexation or any aspect of it has been fully and finally resolved, or the time for bringing any such challenge under applicable statutes of limitations have passed, and no such legal action or other proceeding has been brought. Nothing in this Article 4 shall be read or understood to prevent LAFCO from performing any of its statutory duties in connection with the processing of the Annexation. ARTICLE 5 . CITY CONSIDERATION OF ANNEXATION OF POTENTIAL ANNEXATION AREA. City agrees that, during the term of this Agreement, it shall explore the possibility of annexing the Potential Annexation Area. City' s efforts in this regard shall include conducting at least one public hearing regarding the question of annexing the Potential Annexation Area to the City. City shall provide written notice to County of the conduct of any such public hearing, no less than twenty (20) days prior to the date of the hearing. In addition, City shall provide notice of the hearing to residents of the Potential Annexation Area, by publication, posting of notices in conspicuous public places, or such other manner as City deems appropriate and effective to inform the residents of the Potential Annexation Area of the pendency of the hearing. At the hearing, the City shall consider any and all views expressed regarding the annexation of the Potential Annexation Area to the City, whether from residents of the Potential Annexation area, residents of the City, or the County, and shall consider any and all evidence F52\159\014084-0018\2086563.14 09/28/94 -4- submitted regarding the question of the Annexation or the Potential Annexation Area. After consideration at the public hearing, City shall determine whether it shall pursue a resolution of application initiating proceedings with LAFCO for the annexation of the Potential Annexation Area. ARTICLE 6 . ALLOCATION OF' COUNTY TAX LEVY. After the Annexation is complete, County shall allocate and cause to be paid to the City the revenues from various allocations to the County of tax revenues, as more specifically set forth in City Resolution No. 13682 , a. copy of which is attached as Exhibit 11G11 . ARTICLE 7. COUNTY SERVICE AREAS AND MAINTENANCE DISTRICTS . County agrees to fully cooperate with the City in the City' s efforts to obtain revenues from any taxes or assessments levied by or on behalf of any county service area, road maintenance district, or other similar service area or special district whose boundaries include the Annexed Area, in the proportion that the cost of providing services within the Annexed Area bears to the cost of providing services to the full area of the county service area, road maintenance district or other similar special district or special assessment area. County' s agreement to support City' s efforts in this regard includes, but is not limited to, supporting any requests for such revenues or allocation of revenues before LAFCO. ARTICLE B . CITY RELATIONSHIP WITH COUNTY AGENCY. 8 . 01 County Agency Pass-through Agreement . In the event that the allocation of tax increment to the County Agency from the Annexed Area results in a fiscal burden or detriment to the City in the provision of services to the Annexed Area, County Agency shall consider, and use its best efforts to pursue and enter into, a pass-through agreement with the City. The pass-through agreement shall allocate all or a portion of the tax increment revenues attributable to the Annexed Area in an amount demonstrated by the City to be necessary for the proper and adequate provision of services to the Annexed Area. 8 . 02 Assumption by City of Jurisdiction Over Annexed Areas . It is the intention of the City, City Agency, County, and County Agency, that City and City Agency will assume full jurisdiction over those area: annexed to the City. In addition, it is recognized that certain County redevelopment project areas ( "Project Area" ) established pursuant to the Community Redevelopment Law lie partially within and without the Annexed Area. If a substantial portion of such Project Area is within the Annexed Area, then the parties agree that it is their intent that the entire Project Area be administered under the Community Redevelopment Law by the City Agency. Toward this end all parties agree that they will cooperate fully and with reasonable dispatch FS2\159\014084-0018\2086563.14 09/28/94 -5- to utilize the procedures of Health and Safety Code Section 33216 to complete the transfer of full jurisdiction of the Project Area to the City Agency whenever all or a substantial part of any Project Area or any sub-area of any Project Area is annexed to the City. On an interim basis, until the actual change in jurisdiction occurs, the City Agency shall serve as an advisory body to the County Agency with respect to any portions of a Project Area which are within the boundaries of the Annexed Area or the Potential Annexation Area and all matters in any way affecting such portions of a Project Area shall be referred to the City Agency for review and comment at least 45 days before any action is taken by the County Agency. The County Agency shall consider any comments received by City or City Agency prior to taking action. The notice to be given by County Agency shall state the time limits for review and comment, and shall reference this Agreement . ARTICLE 9 . POLICE SERVICES . The County shall continue to be the agency legally responsible for providing police services in the Police Protection Area, but City shall offer those additional police services specified in this Article to the Police Protection Area. The services to be offered by the City shall include police response by City police forces in the Police Protection Area, and cooperation with other law enforcement agencies having jurisdiction over the Police Protection Area. City' s responsibilities for providing police services to the Police Protection Area shall, other than performing routine patrols, include traditional uniformed police services . The need for follow-up police services shall be determined by the City/County law enforcement personnel . ARTICLE 10 . FIRE SERVICES . County shall continue to provide fire protection, fire prevention/code enforcement, and Basic Life Support (BLS) services within Fire Protection Area #2 . City shall provide fire protection, fire prevention/code enforcement, and Basic Life Support (BLS) services in Fire Protection Area #1 . From and after the time the tax shift described in Article 6 is fully approved and implemented, and the City actually receives such shifted tax revenues, City shall pay twenty-five percent (256) of the County' s reasonable, actual operating cost of the North Palm Springs Fire Station. County shall annually provide City with written notice of such costs, and the amount due from the City based thereon, no later than sixty (60) days after the close of the County' s fiscal year. In the event City assumes fire protection, fire prevention/code enforcement, and BLS services for Fire Protection Area #2 at some future date, City' s obligation to make the payment provided for in this Article 10 shall thereupon cease. ARTICLE 11. CITIZEN ADVISORY COMMITTEE. City shall form a Citizen Advisory Committee to advise and address the City on all City activities which affect or otherwise FKW9\014084-0018\2086563.14 09/28/94 -6- impact the quality of life in Potential Annexation Area. The Citizen Advisory Committee shall be composed of four (4) members, with one resident representative from each of the communities of West Garnet, North Palm Springs, Palm Springs Oasis, and Snow Creek. The Citizen Advisory Committee will also consult with, and advise, the City on the permitting and development of wind energy conversion systems within the Annexation Area. Members of the Citizen Advisory Committee shall be selected by such method as City may determine, in consultation with the County, and consistent with state law. ARTICLE 12 . WECS ORDINANCE AND WECS PERMIT PROCESSING. 12 . 01 WECS Ordinance. All parties agree the WECS Ordinance appended to this Annexation Agreement as Exhibit F, including such amendments as City may adopt from time to time, shall be fully applicable to the Annexed Area as the standards under which any and all discretionary land use permit applications for the development or operation of a wind energy conversion system shall be governed. 12 . 02 WECS Permits . The parties agree that upon the Effective Date, responsibility for and jurisdiction over the processing and approval of any WECS Permits or implementing permits for wind energy conversion systems within the Annexation Area shall lie with the City. Notwithstanding the foregoing, to the extent that the County has accepted any permit applications for WECS Permits or implementing permits which are substantially complete on the Effective Date, County may continue to process such applications if the applicant; on such application so desires . In processing such applications, the County shall apply those ordinances, rules, and regulations of the County in effect at the time of County processing of the applications . In the processing of any and all such applications, County shall serve as the designated agent of the City. City shall recognize the validity of any and all WECS Permits and implementing permits granted by the County pursuant to such processing, including any and all terms and conditions imposed thereon, as though such WECS Permits or Implementing Permits were issued in the first instance by City. County shall retain any and all application or processing fees paid by any applicant pursuant to any such application. ARTICLE 13 . COORDINATION OF PLANNING ACTIVITIES . County agrees that prior to considering any application for any discretionary land use approval for any property included within the Police Protection Area, Fire Protection Area #1, or the Potential Annexation Area, County will forward the plans for any improvement, construction, or other development proposed pursuant to such application to City for City' s review and comment . City' s review and comment shall include review by City' s Fire Department, Police Department, Department of Building, and Planning Department . The purpose of City' s review and comment will be to integrate to the maximum extent possible all proposed development in the City FS2\159\014084-0018\2086563.14 09/28/94 -7- Fire Protection Area and the Potential Annexation Area with surrounding actual or proposed land uses in City, and with City' s overall development standards for the type of land use proposed by the application. Any comments City has to the proposed plans shall be forwarded in writing to County no later than thirty (30) days after County forwards such plans to the City, unless the parties agree in writing to a longer period. All plans so forwarded by the County shall be stamped or otherwise clearly marked to reflect the time limits for City' s review and comment, and shall specifically reference this Agreement . County shall consider all comments forwarded by City regarding the application before taking any action on such application. ARTICLE 14 . INDEMNITY. This Section shall govern any liability incurred by one party through the fault of any other party. 14 . 01 Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or jurisdiction delegated to the County or County Agency or under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895 .4, County and County Agency shall fully indemnify, defend, and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810 . 8) occurring by reason of any acts or omissions on the part of County or County Agency under or in connection with any work, authority, or jurisdiction delegated to County or County Agency under this Agreement . 14 . 02 Neither County nor County Agency, nor any officer or employee of County or County Agency shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to the City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895 .4, City shall fully indemnify, defend, and hold County and County Agency harmless from any liability imposed for injury (as defined by Government Code Section 810 . 8) occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement . ARTICLE 15 . MISCELLANEOUS . 15 . 01 Severability. If any provision of this Agreement is adjudged invalid, void, or unenforceable, that provision shall not affect, impair, or invalidate the remainder of this agreement, unless such judgment renders it impossible for the parties to perform under the remainder of the Agreement. 15 . 02 Notice. Any notice required or permitted to be given by one party to the other under this Agreement shall be in F52\159\014084-0018\2086563.14 09/28/94 -8- writing, and delivered personally to the party, or mailed with postage fully prepaid, registered or certified mail, return receipt requested, addressed as follows : IF TO COUNTY: Robert T. Anderson Administrative Center Administrative Office, Twelfth Floor 4080 Lemon Street Riverside, California 92501-3651 Attention: Chief Administrative Officer IF TO COUNTY AGENCY: County of Riverside Redevelopment Agency P.O. Box 1180 Riverside, California 92502-1180 Attention: Executive Director IF TO CITY: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Manager WITH A COPY TO: City of :Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 Attention: City Attorney or such other address as the parties may designate from time to time in writing to each other. 15 . 03 Authority to Execute. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party; (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement; (iv) the entering into of this Agreement does not violate any provision of any other agreement to which that party is bound; and (v) there is no litigation or legal proceeding which would prevent the parties from entering into this Agreement . 15 . 04 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes all previous negotiations, discussions, and agreements between the parties . No parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. ENTERED INTO as of the Effective Date stated herein. COUNTY OF RIVERSIDE FS2\159\014084-0018\2086563.14 09/28/94 -9- By: Its : cMI11RNPN OF IME BOARD OF SOR6RVISIM KAY CENICEROS APPROVED AS TO FORM: ATTEST: B � 1 �, GERAL ALONEV, Clerk Y: c�?� s \C _ J County Counsel D PUlf COUNTY AGENCY By: �� Its"-Chairmar' Economic-Development Agency KAY CEMCEkZOt; APPROVED AS TO FORM: ATTEST. By: L GERALD ALONEY, Clerk Counsel for County Agency DERV ATTEST: CITY PALM SP S By City Clerk Its• Citv Manager APPROVED AS TO FORM: David'-Z[Lj Aleshire, City Attorney City of Palm Springs APPROVED BY THE CITY COUNCIL BY RES. NO. io -S-nf y 7A,0,€ L)OyC;UbOLN i TI, ?,2l-39U€ THIS OE RTIFICNnE IS hSTAC;!FD uS d FRTIF€ED TCi €3E irk FULL., TRUE AMD CO!",'%ECI T C01PY IMF T{,E OI;IC I1',IAL O4 j FILE MiD OF RECOM IFl i6' t;lFRCE. A D 0I^rk d the DoLmA of Superiwors ;vlanq/- `s C21vrr:,idcTE C�ihiornw FS2\159\014084-0018\2086563.14 09/28/94 -1 0- as . ''�-..�._r l'_ .....rr L•" ., . .� W --r - _; -�-- 'ter I I I ,- — Ly. _ + i.��: ira:�:.u:-. 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V�Y�lyl `` ' I ., I-,n,!, .��I,��illi,�{i�l�i r.�%'�/.i•r.{�; 4 ' I11 ' � lIr•'3I 1f�JJ I 1.1�.'•'/-_I��__ I�j�li�t..:el�:�i,1�yl�l.I I��I_'.— � ' - �'•�Y�11��'J\� EWIT F ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9404.00H (CONDITIONAL USE PERMITS) OF THE ZONING ORDINANCE IN REGARD TO WIND ENERGY CONVERSION SYSTEMS. THE CITY COUNCIL OF IRE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9402.00H. of the Zoning Ordinance is amended with the addition of the following: "8. Co megcial Wiwi Energy Conversion Systems (WECS) a. Purpose. A Conditional Use: Permit for a Commercial Wind Energy Conversion System (WECS) is intended to regulate and provide for the installation of commercial WECS which are .made feasible by the strong prevailing winds within certain areas of the City designated by the General Plan. The conditions of the permit are meant to ensure that a safe and beneficial environment, for both the WECS development and the adjacent properties, is provided. b. Applicability. Commercial (WECS or WECS arrays, and all other uses listed in subsection c. below, are permitted in the following zone classifications provided the General Plan designates the lot within the Wind Energy Overlay and a Conditional Use Permit is granted pursuant to this Section: (1) Watercourse Zone (W) (2) Open Land Zone (0-5) (3) Energy Industrial Zone (E-I) (4) Manufacturing Zone (M-2) C. Uses Permitted with a Conditional Use Permit (1) Commercial WECS and WECS arrays with no limit as to rated power output (2) Meteorological towers tinder 200 feet high (3) Accessory uses. Parcels may be used for accessory uses provided such uses are established on the same parcel of land, are incidental, or supplemental, to a permitted use, and do not substantially alter the character of any permitted use. Accessory uses include, but are not limited to: (a) Storage of trucks and other vehicles. (b) Storage of materials, inventory, tools and machinery. (c) Offices and maintenance shop structures. (d) Caretaker dwellings provided no compensation is received for the use of any such dwelling and the size of such dwelling is no greater than 2000 sq. ft. (e) Overhead and underground transmission and communications lines and facilities, including transformers, substations, 1 control rooms, switching facilities and microwave tower's. (f) Structures necessary for the conservation and development of water resources, such as dams, pipelines and pumping facilities, and aquaculture. (g) Cogeneration facilities. ' (h) Solar collectors and photovoltaic panels. (i) Energy storage facilities. d. Application. Every application for a Conditional Use Permit shall be made in writing to the Planning Commission on the forms provided by the Department of Planning & zoning and shall be accompanied by the filing fee set forth by City Council resolution. Applications shall be reviewed by the Planning Commission for conformance with this section. The application shall include the following information: (1? Name and address of the applicant. (2) Evidence that the applicant is the owner of the property involved or - has written permission of the owner to make such application. (3) A plot plan and development plan drawn in sufficient detail to clearly describe the following: (a) Physical dimensions of the property (b) Location and physical dimensions of existing and proposed structures (c) Location of electrical lines and facilities (d) Existing topography (e) Proposed grading and removal of natural vegetation (f) Wind characteristics and dominant wind direction at the site. Dominant wind direction is the direction from which 50 percent or more of the energy contained in the wind flows. (g) Setbacks (h) Circulation (i) Ingress and egress (j) Utilization of the property under the requested permit (4) Utility interconnection data and a copy of written notification to the utility of the proposed interconnection. (5) A photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed perspective drawings showing - the site fully-developed with all proposed WECS and accessory structures. (6) Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of each model of WECS. (7) Specific information on the type, height, material and safety of each model of tower. 2 (8) A site preparation and installation schedule. (9) A geotechnical report. (10) A vicinity map or aerial photograph describing the location, including distances from existing and proposed WECS, of all residences and other structures which are within one (1) mile of any property proposed for WF,CS installation. (11) Drawings which show phase spacings, configurations and grounding practices of any proposed electrical distribution lines. (12) An application including any WECS which is located within 20,000 feet of the runway of any Airport shall be accompanied by a copy of written notification to the Federal Aviation Administration. (13) If the application includes any WECS which requires the approval of a height limit greater than that allowed in Section 8.e. (1) (a) , a Variance application, pursuant to Section 9406.00 of the Zoning Ordinance, shall be filed concurrently. (14) An application including any WECS with a rated power output of 100kW or larger which is located within a State-designated Alquist- Priolo Act Special Study Zone shall be accompanied by a detailed fault hazard report prepared by a California registered geologist which shall address the potential for rotor tower failure calculated for the vertical and horizontal accelerations reasonably expected on the site in the event of a design earthquake. (15) An application including any WECS which is located within two (2) miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link or evidence that no WECS are located in the microwave path. (16) An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the Zoning Map, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and such report(s) shall propose mitigation measures for such impacts to the extent that such impacts are caused by the proposed WECS. (17) Such additional information as shall be reasonably required by the Director of Planning & Zoning. e. Standards & Develooment Criteria (1) Height limits (a) No commercial WECS shall exceed 200 feet in height, measured at the top of the blade in the twelve o'clock position. Where unusual conditions warrant, a lower 3 0 0 height limit may be imposed as a condition of a Conditional Use Permit. (b) No other building or structure shall exceed 30 feet in height, except for meteorological towers permitted by Section B.c. (2) . (2) setbacks. All- commercial WECS shall meet these general setback requirements as well as the other setbacks set forth below. (a) No building or structure shall be located closer than 50 feet from any lot line. ,(b) No WECS shall be located closer than 1200 feet from any residence, hotel, hospital, school, library or convalescent home unless the owner of such structure waives, in writing, the setback requirement. (c) Notwithstanding the 12D0' setback requirement specified above, a lesser setback may be permitted where due to factors of topography or the characteristics of the proposed WECS project, the approving entity finds that the noise, aesthetic or other environmental impacts of the project on adjacent properties will not be any more significant than if the 1200' setback were applied. In the case of the replacement of WECS, pursuant to subsection f (3) , the standard for determining whether a reduction shall be approved is whether the replacement WECS will have a substantially reduced cumulative impact on surrounding property, as compared to the existing project, and whether adhering to the 1200' setback will be an unreasonable economic hardship to the applicant. Wherever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices, and, if granted, the WECS permit shall specifically state the required setback. (3) Safety Setbacks (a) No commercial WECS shall be located where the center of the tower is within a distance of 1.25 times the total WECS height from any above-ground electrical transmission line of more than 12kV. (b) No commercial WECS shall be located where the center of the tower is within a distance of 1.25 times the total WECS height from any public highway or road, railroad or off-site building. The setback herein specified shall be measured from the boundary of the public . • right-of-way or railroad right-of-way. (c) No commercial WECS shall be located where the center of the tower is within a distance of 1.25 times the total WECS 4 height from any lot line. No commercial WECS shall be located where the center of the tower is within a distance of 200 feet from any lot line of a lot which contains a dwelling. (d) Notwithstanding the provisions of subsections b & c above, the setbacks therein specified may be reduced to less than 1.25 times the total WECS height if the Planning Commission determines that the topography of, or other conditions related to, the adjacent property or right-of-way eliminates or substantially reduces the potential safety hazards. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the Conditional Use Permit, and, if granted, the Conditional Use Permit shall specifically state the required setback. (4) Wind Access Setbacks3 (a) No commercial WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction. (b) Notwithstanding the provisions of subsection a, above, such setbacks from lot lines do not, apply if the application is accompanied by a legally enforceable agreement or waiver for a period of 25 years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the Planning Commission determines that the characteristics of the downwind property eliminate the ability to develop said downwind property with commercial WECS. (5) Scenic Setbacks (a) No commercial WECS shall be located where the center of the tower is within 1315 feet (-,,( mile) of State Highway 62 and of that portion of Interstate 10 between State Highway 62 and the Whitewater River, commonly known as the Whitewater Grade. (b) No commercial WECS shall be located where the center of the tower is within 500 feet of Indian Canyon Drive/Indian Avenue. (c) No commercial WECS shall be located where the center of the tower is within Soo feet of Interstate 10, except as specified in subsection (a) above. (d) No commercial WECS shall be located where the center of the tower is within 3472 feet (2/3 mile) of State Highway 111. 5 (e) No commercial WECS shall be permitted south of State Highway 111. (f) No commercial WECS shall be located where the center of the tower is within 1.25 times the total WECS height from Dillon Road. (g) The setbacks specified in the subsections above shall be measured from the nearest boundary of the public right-of-way. (h) Notwithstanding the provisions of the subsections above, the setbacks therein specified may be reduced if the Planning commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback. (6) Safety & Security (a) Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS or WECS array. (b) Guy wires shall be distinctly marked. (c) Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and at reasonable intervals on fences or barriers. (d) Horizontal-axis WECS. The lowest extension of the rotor of a horizontal- axis WECS shall be at least 25 feet from the ground. (e) Vertical-axis WECS. A fence or other barrier shall be erected around a vertical-axis WECS whose rotors are less than 15 feet from the ground. (7) Seismic Safety (a) All WECS shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project. (b) Control facilities for commercial WECS or WECS arrays shall not be located within 660 feet of any fault within a state- designated Alquist-Priolo Act Special Studies Zone. (8) Fire Protection. Upon .recommendation of the City Fire Department, commercial WECS and WECS arrays may include fire control and prevention 6 measures including, but not limited to, the following: (a) fireproof or fire-resistant building materials (b) buffers of fire-retardant landscaping (c) an automatic fire-extinguishing system (d) fire breaks (9) Interconnection & Electrical Distribution Facilities. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission. (10) Unsafe & Inoperable WECS. ` (a) Whenever any existing commercial WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable, or abandoned or for which the permit has expired shall be removed by the owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the Director of Planning & Zoning, or other appropriate form of security, in a form approved by the City Attorney, may be required to cover the cost of removal and site restoration. (b) Every unsafe or inoperable commercial WECS and every commercial WECS which has not generated power for 12 consecutive months is hereby declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. The appropriate abatement method shall be determined by the Director of Planning & Zoning based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section following abatement. A commercial WECS which has not generated power for 12 consecutive months shall not be considered a public nuisance provided the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date. If a commercial WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted utility, the period of curtailment shall be added to the minimum period defined above. (11) Interference with Navigational Systems. No commercial WECS shall be installed which do not comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation. 7 (12) Site Disruption. Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off. (13) Certification (a) The foundation, tower and compatibility of the tower with the rotor and rotor- related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the City. (b) The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code that have been adopted by the City. (c) The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms with good engineering practices. (14) Noise A commercial WECS or WECS array shall not be operated inconsistent with the provisions of Chapter 11.74. (Noise Ordinance) . (15) Electrical Distribution Lines (a) To the extent economically prudent, as determined by the Planning Commission, electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation. (b) Any electrical distribution line of less than 34kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one (1) mile of State Highways 62 and 111, or within one mile of the portion of Interstate 10 commonly known as the whitewater Grade (between State Highway 62 and the Whitewater River) shall be installed underground if such installation is feasible, - as determined by the Director of Planning & Zoning. (c) Electrical distribution lines shall be governed by the latest edition of `Suggested Practices for Raptor Protection on Powerlines' on file with the Bureau of Land Management. Use of this information should be made to design the proposed facilities with proper grounding, phase spacing and configuration such that it will prevent, 8 • to the best of the design engineer's ability, the electrocution of raptors. The use of designs other than those included in 'Suggested Practices' that are, in the opinion of the Director of Planning & Zoning, raptor safe, shall be permitted in public rights-of-way. The cost for review of such alternate designs shall be at the applicant's expense. (16) Monitoring (a) Upon reasonable notice, and subject to the applicant's safety and security procedures, City officials or their designated representatives may enter a lot on which a Conditional Use Permit has been granted for the purpose of monitoring noise and other environmental impacts. Twenty-four hours advance notice shall be deemed reasonable notice. (b) The holder of a Conditional Use Permit shall report to the City Department of Planning & Zoning all dead birds found within 590 feet of a WECS and all sightings of the Coachella Valley Fringe- Toed Lizard on the WECS site. (c) The holder of a Conditional Use Permit may be required to submit periodic monitoring reports containing data on the operations and environmental impacts. (d) A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions. (17) Time-Related Conditions. Where no operating data for the proposed turbines is available, the granting of a Conditional Use Permit may be conditioned upon the installation and operation of one or more WECS for a period not to exceed six months in order to demonstrate performance characteristics of the WECS. If such a monitoring condition is imposed, the permit shall specify the standards which must be met in order to continue development. If a standard is not being met at the expiration of the required monitoring period, the applicant and the City may agree to an extension. The time within which the permit must be used shall be extended for the period of required monitoring. (18) Development Tmoacts. A one-time or periodic fee and a requirement to provide public works or services may be imposed as a condition of a Conditional Use Permit. Such exactions must be related to the public need created by the wind energy development. The purposes for which the permit exaction may be used include, but are not limited to, providing roads required by the wind development and establishing and operating a monitoring system. 9 (19) Signs. No advertising sign or logo shall be placed or painted on any commercial WECS. Unless otherwise approved by the Planning Commission, the conditional use permit may permit the placement of no more than one (1) project identification sign relating to the development on the project site, but no such sign shall exceed 5o square feet in surface area or eight (8) feet in height. (20) Color & Finish of WECS. All commercial WECS shall. be either light environmental colors (such as off-white,, gray, beige or tan) or darker fully-saturated colors (such as dark blue or green, maroon or rust red)' or galvanized. All commercial WECS shall have a' matte or galvanized finish unless the Director of Planning determines that such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish. (21) Contingent Approval. A commercial WECS may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities. (22) General Conditions. The City may impose conditions on the granting of a Conditional Use Permit in order to achieve the purposes of this Ordinance and the General Plan and to protect the health, safety or general welfare of the community. (23) Notification. Upon approval of a Conditional Use Permit, the City shall provide written notice to the California Public Utilities Commission, the California Energy Commission and the concerned utility. f. Use of Permit (1) Any Conditional Use Permit that is granted shall be used within two (2) years from the effective date thereof, or within such additional time as may be set in the conditions or approval., which shall not exceed a total of five (5) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five (5) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. An extension of time may be granted by the Commission upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the permit. The term -use- shall mean the beginning of substantial construction of the use that is authorized, which construction must: thereafter be pursued diligently to completion. (2) Life of Permit. A Conditional Use Permit shall be valid for the useful life of the WECS included in the permit. The life of the 10 x permit shall be determined at the time of approval and shall not exceed 30 years, (3) Replacement (a) Individual commercial WECS which have been installed pursuant to a Conditional Use, or other WECS, Permit may be replaced with approval of a Land Use Permit provided the replacement WECS meets the standards of subsection E.e. above. Such determination shall be made by the Director of Planning & Zoning according to Section 9402.01 (Land Use Permits) . (b) WECS arrays which have been installed pursuant to a Conditional Use, or other WECS, Permit may be replaced with approval of a Land Use Permit provided two (2) or more individual WECS shall be removed for each replacement WECS installed and the resultant array meets the standards of subsection 8.e. above. Such determination shall be made by the Director of Planning & Zoning according to Section 940:2.01 (Land Use Permits) . (c) WECS replacements not meeting the criteria above require approval of a subsequent Conditional Use Permit. (d) Any WECS on which the cost of alteration, restoration, repair or rebuilding in a 12-month period exceeds 75k of the replacement cost and shall be subject to subsections (a) - (c) above. (e) Existing WECS, upon adoption of this section, shall be considered to hold a valid Conditional Use Permit under the conditions by which such WECS was originally approved; such WECS shall not be considered nonconforming by virtue of the provisions of this section. " SECTION 2, EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of 1993. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED & APPROVED: 11 EXHIBIT G RESOLUTION NO. 13682 OF THE CITY COUNCIL OF THE CITY OF PALE SPRINGS, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM SPRINGS RELATING TD FUTURE ANNEX- ATIONS TO THE CITY OF PALM SPRINGS. WHEREAS from time to time the City of Palm Springs enters into proceedings to annex adjacent areas into Its City lipids; and WHEREAS the Revenue and Taxation Code, Section 99. as adopted by AB-8, requires that for any annexation to a city, there must be negotiations between the City and county to arrive at agreement on the property tax transfer associated with the aAne.xation; and WHEREAS Section 99(d) as amended by SB 180 provides that the County and local agency may develop and adopt a Plaster Property Tax Transfer Agreement � which may be revised from time to time by both parties upon mutual agreement: and WHEREAS representatives of the agt4lcies within Riverside County have met and negotiated an exchange of property tax revenue with the County of Riverside to become effective for tax purposes the first tax period In3nediately following completion of the annexation, NOu THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section i. That the Council hereby agrees to the negotiated exchange of property tax revenue as follows: a. The City of Palm Springs shall assume the service respon- sibility for the suppression and prevention of structural fires in the area to be annexed, for which purpose it maintains a fire department. and For such service assumption shall receive 100% of that portion of the property tax revenue generated within the territory to be annexed that is presently collected by the County of Riverside as a structural fire protection tax- b. The City of Palm Springs shall assume, the service responsi- bility for the provision of library services for which purpose it maintains a library system, and for such service assumption shall receive 100% of that portion of the property tax revenue generated within the territory to be annexed that is presently collected by the County of Riverside for provision of library services. c. the City of Palm Springs shall assume the responsibility for all other general amnicipal services to the area to be _ annexed as are required by law or presently provided through- out the City, and for such service assumption shall receive 25S of that portion of the property tax revenue generated within the territory to be annexed under the ad valorem tax rate established by Article XIII A of the constitution of the State of California, that represents the County of Riverside's share of such property tax revenue. 9 b i Res. No. t3662 ' Page 2 d. The County Auditor shall convert the above-established percentage figures Into actual dollar figures and thereafter allocate such property tax revenue in accord with the provisions of Section 95 et. seq. of the Revenue and Taxation Code. Section 2. That the City Clark is hereby directed to transmit a cer- tified copy of this Resolution to each affected agency, to the Executive Office of the local Agency Formation Coamission and to the Auditor or the County of Riverside - pursuant to Section 99 of the Revenue and Taxation Code_ ADOPTED this 4th day of Fobruary AYES: Cnuncilmeml. rs Reivieh. Pield. Ortvr ,, Rome and Nayur Doyle NOES: None AHSENT:None ATTEsr: CITY OF H SPRINGS, CALIFORNIA + pu lty C-- iercr =''= I� r REVIEWED & APPROVED