HomeMy WebLinkAboutORD 1294ORDINANCE NO. 1294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
... DESERT, CALIFORNIA, ADDING CLARIFYING REFERENCES TO THE
PALM DESERT MUNICIPAL CODE FOR CURRENTLY ASSESSED
FEES
WHEREAS, pursuant to California Constitution article XI, §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;
WHEREAS, 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 XI, §7 and Palm Desert
Municipal Code Chapter 3.16, the city currently charges a "Construction Tax", and;
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 Fee, 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;
WHEREAS, pursuant to California Constitution article XI, §7, California Building
Code Section 109 and Resolution 2013-08, 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 adopt a clarifying amendment to the Palm Desert
Municipal Code to include the Digitization Fee, which amendment is set forth in Section
3 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;
ft.
ORDINANCE NO. 1294
WHEREAS, the city wishes to adopt a clarifying amendment to the Palm Desert
Municipal Code to include Non -subdivision Fees which amendment is set forth in
Section 4 of this Ordinance, and; 3
WHEREAS, pursuant to California Constitution article XI, §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;
WHEREAS, the city wishes to adopt a clarifying amendment to Palm 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 projects whose completion will not
increase the city's employee workforce, which amendment is set forth in Section 5 of
this Ordinance, and;
WHEREAS, pursuant to California Constitution article XI, §7 and Palm Desert
Resolution 90-130 and 04-21, the city currently imposes a "Low 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 "Low 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 XI, §7 and Palm Desert
Resolution 78-58 and 79-55, 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERTCALIFORNIA, DOES HERBYORDAIN AS FOLLOWS:
SECTION 1.
Section 12.20.050 of the Palm Desert Municipal Code is adopted to read as
follows: 3
G:%C tyC1rk%G1a1a Sarrdrez%0RDINANCES\Ord No. 12SK - Curently Assessed Fees.doa
2
ORDINANCE NO. 1294
Section 12.20.050 "Haul Route Wear and Tear Fee."
t.r. "In addition to any other fee or fees prescribed by law, every person constructing
any new residential, commercial, industrial, or tenant improvement project in the city
shall pay a fee to the city in order to cover the cost of street repair necessitated by
damage caused by construction vehicles. The fee amount shall be established in a fee
resolution adopted by the City Council. Such fee shall be paid at the time of issuance of
the grading permit. "
SECTION 2.
Chapter 3.16 of the Palm Desert Municipal Code shall be re -titled "Construction
Fee" instead of "Construction Tax", and Section 3.16.020 of the Palm Desert Municipal
Code is amended to read as follows:
Section 3.16.020 "Construction Fee rate designated"
In addition to any other fee or fees prescribed by law, every person constructing
any new building or addition or trailer space or remodeling or renovating an existing
building or trailer space such that additional habitable building area is created in the city,
shall pay to the city, at the time of issuance of the building permit, a construction fee in
the amount established in a fee resolution adopted by the City Council, and computed
as follows:
A. For dwelling units in a single-family, condominium, apartment complex, multi-
dwelling structure, or in a hotel or dormitory, the fee shall be based on each
gross square foot of building area constructed in or added to a dwelling unit in
a single-family, condominium, apartment complex, multi -dwelling structure, or
in a hotel or dormitory, excluding accessory structures and areas such as
carports, garages or recreation or storage buildings, and areas being
remodeled.
B. Notwithstanding subsection A, no fee shall be payable on account of
construction of space that is added to an existing single-family dwelling which
construction does not exceed two thousand ($2, 000.00) in valuation.
C. For trailer spaces, the fee shall be based on a per -space basis.
D. For any other construction not falling within subsection A or C above, the fee
shall be based on each square foot of gross building area constructed of
added under root"
SECTION 3.
Section 15.02.030 of the Palm Desert Municipal Code is adopted to read as
follows:
G:\0tyCIrkC4orta Sanchez\ORDINANCES\Ord No. 1294 - Currently Assessed Fees.d=
3
ORDINANCE NO. 1294
Section 15.02.030 "Digitization Fee."
In addition to any other fee or fees prescribed by law, every person whose
construction plans have been approved by the city shall pay a Digitizing Fee to the city
for making a permanent copy of the approved building plans. The fee amount shall be
established in a fee resolution adopted by the City Council. Such fee shall be paid at the
time of issuance of the building permit."
SECTION 4.
Section 25.02.060 of the Palm Desert Municipal Code is adopted to read as follows:
Section 25.02.060 "Non -Subdivision Deposits and Fees."
In addition to any other fee or fees prescribed by law the city shall impose fees for
Abandonments and Vacations of Easements and Right -of --Way, Processing of
Applications, Easements and Right -of -Way Dedication, Hydrology Report Plan Check,
Signage and Striping, Street Improvement, and Of ite Drainage for non -subdivision civil
work including but not limited to streets, sidewalks, driveways, paving striping, drainage,
traffic signals. The fee amounts shall be established in a fee resolution adopted by the City
Council. Such fee shall be paid at the time of issuance of the building permit."
SECTION 5.
Section 3.45.060 of the Palm Desert Municipal Code is amended to read as
follows:
Section 3.45.060 "Exemptions and credits."
A. Development of a child care facility shall be exempt from payment of the fee.
B. Nonresidential development that does not add building area or that changes the
use of the building such that fewer workers will be employed shall be exempt
from payment of the fee.
C. A developer may request an offset against any required fee for the construction
of a child care facility, land dedication for a new child care facility, or other
approved improvements or facilities. A developer must apply to the City Council
with a speck proposal regarding obtaining such a credit.
D. Developers or developments that have constructed a child can: facility pursuant
to a development agreement or other agreement with the city may receive a
credit against the required fee but shall not be entitled to be reimbursed for the
cost of the facility that exceeds the fee obligation.
GA0Wrk\GbAa Surdrez\0RDINANCES\0rd No. 1294 - Currently Assessed Fees.d"
4
ORDINANCE NO. 1294
E. 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 6
Section 25.02.070 of the Palm Desert Municipal Code is adopted to read as follows:
Section 25.02.070 "Low Income Housing Fee."
"In addition to any other fee or fees perscribed by law the city shall impose a Low
Income Housing Fee on any commercial construction in the city that adds to or
increases the square footage of an existing commercial building. The fee amount shall
be established in a fee resolution adopted by the City Council. Such fee shall be paid at
the time of issuance of the building permit."
SECTION 7
Section 10.12.050 of the Palm Desert Municipal Code is adopted to read as follows:
Section 10.12.050 "Traffic Signalization Fee."
OMM In addition to any other fee or fees prescribed by law the city shall impose a Traffic
Signalization Fee on all remodels, renovations, or addition projects that increase a
building's square footage, unless there is a change in use that results in a net decrease in
traffic to the building. The fee amount shall be established in a fee resolution adopted by
the city council. Such fee shall be paid at the time of issuance of the grading permit."
UW
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 shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other 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 to 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 (30) days
after its adoption.
G:\CkyCJrMGW& Sendiez\ORDINANCES\Ord No. 1294 - Currently Assessed Fees.d=
5
ORDINANCE NO. 1294
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 22nd day of October 2015, by the
following vote, to wit:
AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Susan Marie Weber, Mayor
ATTEST:
RA-CFwH7tLLE D. KLASSE , OTY CLERK
CITY OF PALM DESERT, CALIFORNIA
M
7
GACllyarfdC404 SancheAOMINAMES\Ord No. 12M - Cunenry Assessed Fees.do=
6