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HomeMy WebLinkAboutCC RES 2011-17RESOLUTION NO. 2011-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE DEVELOPMENT SERVICES FEE SCHEDULE TO INCLUDE THE MILLS ACT PROGRAM FEES WHEREAS, pursuant to Government Code section 66016 and 66017, the City of Palm Desert proposes to adopt the amended fee schedule for the Development of Building and Safety; and WHEREAS, California Government Code Section 60016 requires notice to be given and data made available at specified times prior to the adoption of increases in existing service fees for use permits and building inspections sometime hereinafter at a public meeting of this City Council; and WHEREAS, the applicant benefiting from such services should primarily bear the cost so that they can be delivered in a timely and effective manner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY APPROVE THE AMENDED DEVELOPMENT REVIEW AND INSPECTION SERVICE FEES AS FOLLOWS: SECTION 1: The City Council has considered all the evidence submitted into the administrative record, which includes the staff report dated March 10, 2011 and the amended Building and Safety Fee Schedule. SECTION 2: In view of all the evidence, and based on the findings and conclusions contained herein, the City Council hereby resolves as follows: 1 That the amount of each fee established and adopted herein may be modified and updated periodically, and annually by resolution of the City Council pursuant to any applicable law, rule or regulation and/or to conform to the findings prepared by or on behalf of the City. SECTION 3: 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 and Development Services Fees upon and 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 findings and the resulting agreement (s) to defer waive or reduce and Development Service Fees shall be subject to approval by the City Council. RESOLUTION NO. 1011-17 SECTION 4: Effective Date. In accordance with Government Code Section 66017, the modified fees set forth in this Resolution shall take effect thirty days (30) after the adoption of this Resolution. The City Council reserves the right to have such fees effective at the time or at such future date as the City Council shall determine. SECTION 5: Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the Resolution as herby adopted shall remain in full force and effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held thisloth day of March , 2011, by the following vote, to wit: AYES: !'Lanni r , HARNIK, KROONEN, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE h(% A Jk ) 0044 M. BENS2, MAYOR ATTEST: CITY OF PALM DESERT, CALIFORNIA