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HomeMy WebLinkAboutCC RES 08-087RESOLUTION NO. 08-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NOS. 06-164 AND 07-80, AND THEIR SUCCESSORS IN PERPETUITY, AND AUTHORIZING THE CITY MANAGER TO GRANT EXCEPTIONS TO PERMITTING FEES ON A CASE -BY - CASE BASIS WHEN PRIVATE PROJECTS ARE DEEMED TO PROVIDE A DIRECT BENEFIT TO THE PUBLIC. WHEREAS, Resolution No. 04-84 establishes development review and inspection service fees; and WHEREAS, Resolution No. 06-164 amends Resolution No. 04-84 to revise fees for development review and inspection services; and WHEREAS, Resolution No. 07-80 amends Resolution No. 06-164 to reflect the annual update based on actual expenditures; and WHEREAS, Section 3 of Resolution No. 07-80 states that: "Where the City Manager determines that the public interest would be served by such an agreement, the City Manager is authorized to negotiate and execute agreements to defer, waive or reduce any Development Service Fees upon an Applicant for a particular development project, but only if the City Manager determines upon evidence presented by the Applicant, that the development project will provide a general benefit to the health, safety, and welfare of the citizens of the City of Palm Desert, and will not only be of special benefit to an Applicant. Such finding and the resulting agreement(s) to defer, waive or reduce any Development Service Fees shall be subject to approval by the City Council"; and WHEREAS, the City Council of the City of Palm Desert has determined that such approval by the City Council may hinder or delay the process of fee adjustment in cases where the property improvement provides a public benefit; and WHEREAS, the City Council does not wish to unduly impede such process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: 1. Where the City Manager determines that the public interest would be served by such an exception, the City Manager is authorized to grant an exception to defer, waive, or reduce any Development Service Fees upon an Applicant for a particular private property improvement, but only if the City Manager determines, upon evidence presented by the Applicant or RESOLUTION NO. 08-87 appropriate Development Services department, that the improvement will provide a general benefit to the health, safety, and welfare of the citizens of the City of Palm Desert, and will not only be of special benefit to an Applicant. 2. This resolution amends the currently applicable resolution governing the administration of development review and inspection fees and its successors, in perpetuity, until such time as it is knowingly repealed or amended by resolution of the City Council of the City of Palm Desert. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council held on this 28th day of August , 2008 by the following vote, to wit: ATTEST: AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE /ass RACHELLE D. KLiSEN CITY CLERK CITY OF PALM DESERT, CALIFORNIA i`/ /4Vil k_ JE►N M. BENSON, M OR 2