HomeMy WebLinkAboutOrd 1294 - Currently Assessed FeesORDINANCE NO. 1294
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WHEREAS, to California Constitution article Xl, §7 and Resolution No..
2012-37 the city currently charges a "Haul Route Wear and Tear Fee" on all residential,
commercial, industrial, and tenant improvements projects to cover the cost of street
repair necessitated by damage caused by construction vehicles, which fee does not
appear in the Palm Desert Municipal"Code, and,_
the city wishes to adopt a clarifying amendment to the Palm Desert
Municipal Code to include the "Haul Route Wear and Tear Fee", which amendment is
set forth in Section 1 of this Ordinance, and;
WHEREAS, pursuant to California Constitution article X1, §7 and Palm Desert
Municipal Code Chapter 3.16, the city currently charges a "Construction Ta `, end;
WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert
Municipal Code Chapter 3.16 to re -title the "Construction Tax" as the "Construction Fee"
and to clarify that the Construction Foe, which is based on the amount of business that
any licensed contractor does in the city during a given year, applies to new construction,
as well as remodels and tenant improvement projects, which amendment is set forth in
Section 2 of this Ordinance, and;
pursuant to California Constitution article X1, 7, California Building
Code Section 109 and Resolution 013-03, the city currently charges a "Digitization
Fee„ to cover the cost to make a permanent record of permitted building plans, which
fee does not appear in the Palm Desert Municipal Code, and;
WHEREAS, the city wishes to adapt a clarifying amendment to the Palm Desert
Municipal Code to include the Digitization'Fee, which amendment is set forth in Section
of this Ordinance, and,
WHEREAS, pursuant to California Constitution article XI, §7 and Resolution NO.
2012-37 the city currently imposes fees for: Abandonments and Vacations of
Easements and Right -of -Way, Processing of Applications, Dedication of Easements and
Right -of -Way, Plan checking Hydrology Reports, Signage and Striping, Street
Improvement, and Offsite Drainage for non -subdivision related civil work including but
not limited to streets, sidewalks, 'driveways, paving striping, drainage, traffic signals
("None -subdivisions Fees") which fees do not appear in the Palm Desert � Municipal
Code and;
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WHEREAS, the city wishes to ,adopt a clarifying amendment to the Palm Desert
inicipal Code to include on -subdivision Fees which amendment is set forth in
Section of this Ordinance, and,
WHEREAS, pursuant to California Constitution article X1,; 7 and Palm Desert
Municipal Code Chapter 3.45, the city currently charges a "Childcare Facilities Impact
Mitigation Fee" on commercial construction projects, which, once completed, will
increase the city's employee workforce, and not to projects that do not result in an
addition of employees to the workforce, and;
the city wishes to adapt a clarifying amendment to Pala Desert
Municipal Code Section 3.45 060 providing that the "Childcare Facilities Impact
Mitigation Fee" applies only to commercial construction projects whose =completion will
increase the city's employee workforce and not to projectswhosecompletion will not
increase the city's employee workforce, which amendment is set forth in Section 5 o
this Ordinance, and;
pursuant to California Constitution article X1, §7 and Palm Desert
Resolution 0-1 0 and 04-21, the city currently imposes a "Lots Income Housing Fee"
on any commercial construction in the city that adds to or increases the square footage
of an existing commercial building, which" fee does not appear in the Palm Desert
Municipal Code, and;"
WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert
Municipal Code to include the "Love Income Housing Fee", ;and to clarify that the Low
Income Housing Fee applies to all commercial construction including any construction
that adds to or increases the square footage of an existing commercial building, which
amendment is set forth Section 6 of this Ordinance, and;
WHEREAS, pursuant to California Constitution article X1, §7 and Palm Desert
Resolution 7 -55 and 7 - 5, the city currently imposes a "Traffic Signalization Fee" on
all remodel, renovations, or addition projects that increase a building's square footage,
unless there is a change in the use that results in a net decrease in traffic to the
building, which fee does not appear in the Palm Desert Municipal Code, and;
WHRERAS, the city wishes to adopt a clarifying amendment to the Palm Desert
Municipal Code to include the "Traffic Signalization Fee," which amendment is set forth
in Section 7 of this Ordinance,'
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PALM
DESERTCALIFORNIA, DOES HERBYORDAIN AS FOLLOWS:
Section 1.20.00 of the Palm Desert Municipal Code is adopted to read as
follows:
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ORDINANCE e 124
D. For any tier construction not falling within subsection A or C above, the fee
shall be based on each square foot of gross building area constructed
added under roof "*
Section 15.02.030 of the Palm Desert Municipal Code is adopted t ► read as
ollows—
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ORDINANCE . 129+
"DigitizationSection 15.02.030 . sr
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Recipients of fee offsets shall enter into agreements with the city, ensuring,that
the mitigation alternatives continue to implement the objectives of this chapter
over the useful life of the subject commercial development"
Section 10.12.050 of the Palm Desert Municipal Cede is adopted to read as follows:
Section . t "Traffic i atati n Fee.";
In addition to any other fee or fees prescribed by law the city shall impose a Traffic.
i nali ation Fee on all remodels, renovations, or addition projects that increase
building's square footage, finless them is a change in use that results in a net decrease in
traffic to the building. The fee arriount shall be established in a fee resolution adopted by
the city council Such fee shall be pairs at the tirne of issuance of the grading pertnit. ,
SECTION 8
Should any .provision of the Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that; determination shell have no effect on any other
prevision of this Ordinance or the application of this Ordinance to any lather person or
circumstance and, to that end, the provisions hereof are severable.
The City Clerk of the City of Palm Desert, California, shall certify to the passage
and adoption of this ordinance and shall cause same o be publish once in the Desert
Sun, a newspaper of general circulation, published and circulated in the City of Palm
Desert, and Riverside County, and shall be in full force and effective `thirty 't gt days
after its adoption.
C.\Planning\Eric Ceja\Cas"e Fles\ZOA\Code Clean Ups (2015)lExhlblt C - Ord.docx
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APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at Its regular meeting held on the 8th day of October 2015, by the
following vote, to wit:
SUSAN MARIE WEBER, MAYOR
GAPlanning\Eric Cefa\Case Files\ZQA\Code Clean Ups (2015)\Exhibit C - Ord.docx 6