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HomeMy WebLinkAboutRes 2020-70 TUP Waiver of Fees FY 20-21Resolution No. 2020-70 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: August 27, 2020 PREPARED BY: Ryan Stendell, Director of Community Development REQUEST: Consideration of a resolution authorizing a temporary waiver of fees for Temporary Use Permits until the end of Fiscal Year 2020/2021. Recommendation Waive further reading and adopt Resolution No. 2020-70, temporarily waiving fees for Temporary Use Permits (TUP) until the end of Fiscal Year 2020/2021. Strateqic Plan The temporary waiver of fees aids in the following priorities identified in the City's Strategic Plan: • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles. " • Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf-cart, bicycle, and pedestrian). " • Land Use - Priority 4: "Create a mixed-use city core integrating shopping, dining, lodging, and housing." Backaround Analvsis At its regular meeting of June 11, 2020, the City Council reviewed and had a robust discussion related to the EI Paseo pedestrian improvements. Within that discussion, the City Council directed staff to implement a temporary outdoor-dining program consistent with the State Alcohol and Beverage Control (ABC) pandemic requirements. August 27, 2020 - Staff Report TUP Fee Waiver for Outdoor Dining Page2of2 Discussion After receiving direction from the City Council, staff immediately began discussions with the EI Paseo Merchants to solicit input from the restaurant operators. Comments received thus far are summarized below: • Interested restaurants are looking at implementation in mid-September or October as temperatures ease. • Restaurants seem to favor making outdoor-dining plans unique to their circumstance rather than participate in a City-led effort. � Restaurants are asking the City to creatively review traffic safety measures to avoid the look of a"construction zone." • Restaurants have asked that the City make the process as quick and easy as possible. Based on the various stakeholders' input, staff began to streamline several required permits into one TUP application. While City staff has incorporated all requirements into one application, we are bound by a resolution of the City Council to assess an $87 application fee. While the fee is nominal, staff believes the temporary waiver of fees is a small gesture of good faith and partnership towards the business community. Staff recommends extending this gesture beyond restaurants wanting to offer outdoor dining to all events and installations that require TUP's. Fiscal Analvsis There is minimal fiscal impact related to staff's request. In the past three calendar years, on average, the City has issued 64 TUPs at a value of approximately $5,500. Staff believes the streamlined fee-free TUP process is justified during the pandemic period. LEGAL REVIEW N/A Robert W. Hargreaves City Attorney DEPT. REVIEW � c��� sz.d� LL FINANCIAL REVIEW �'�'l. 7'�1oo-w ASSISTANT CITY MANAGER .�lndy ,�'irestine Ryan Stendell Dir. of Community Development �,.� _--�:�. �,� , , �.~�.��v� ,,'=�.�' .�._,�:�.. City Manager, Lauri Aylaian: � Janet Moore Director of Finance Andy Firestine Assistant City Manager ATTACHMENT: 1. Draft Resolution 72500.00011\33122693.1 RESOLUTION NO. 2020-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TEMPORARILY WAIVING FEES FOR TEMPORARY USE PERMITS UNTIL THE END OF FISCAL YEAR 2020/2021 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of August 2020, consider a request by the CITY OF PALM DESERT for approval to waive all fees related to Temporary Use Permits for the balance of Fiscal Year 2020/2021; and WHEREAS, said City Council did find the following facts and reasons to exist to approve the said request: 1. As the easing of the COVID-19 Pandemic restrictions ensues, the City Council desires to encourage the business community to reopen safely and distanced in accordance with the Governor’s Executive Order, which includes the use of temporary dining areas, outdoor displays, or other temporary measures that would aid in their success. 2. The temporary uses described above are typically approved by the issuance of a Temporary Use Permit, pursuant to Palm Desert Municipal Code Section 25.34.080. City Council Resolution 2012-37 provides that the fee for the issuance of a Temporary Use Permit is $87. 3. The benefit to the community of facilitating these uses under current circumstances outweighs the minimal fee collected for Temporary Use Permits for the above-referenced period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2 That the fee for Temporary Use Permits is waived until June 30, 2021. 72500.00011\33122693.1 RESOLUTION NO. 2020-70 2 PASSED, APPROVED, AND ADOPTED by the City Council of the Palm Desert, California, at its regular meeting held on the 27th day of August 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ GINA NESTANDE, MAYOR ATTEST: __________________________________ GRACE L ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA