HomeMy WebLinkAboutORD 1342ORDINANCE NO.1342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
bw DESERT, CALIFORNIA, AMENDING CHAPTER 3.44 OF THE PALM
DESERT MUNICIPAL CODE PERTAINING TO THE COLLECTION
OF TRANSPORTATION UNIFORM MITIGATION FEES
WHEREAS, the City of Palm Desert, California, ("City") is a member agency of the
Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting
of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the
Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of
Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho
Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the
Coachella Valley (collectively, "Member Agencies"); and
WHEREAS, acting in concert, the Member Agencies developed a plan whereby the
shortfall in funds needed to enlarge the capacity of the Regional System of Highways and
Arterials within CVAG's jurisdiction (the "Regional System") could be made up in part by a
Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial
and industrial development within the jurisdiction; and
WHEREAS, as a CVAG Member Agency, the City participated in the preparation of
the 1987 Coachella Valley Area Transportation Study ("1987 Transportation Study")
prepared pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) and
based on the 1987 Transportation Study, the City adopted and implemented CVAG's model
v TUMF Ordinance as Palm Desert Municipal Code (PDMC) Chapter 3.44; and
WHEREAS, CVAG commissioned Michael Baker International, Inc. to prepare an
updated TUMF study entitled "Transportation Uniform Mitigation Fee (TUMF) 2018 Fee
Schedule Update, Nexus Study Report," and dated March 2018 ("2018 Nexus Study") to
establish updated TUMF levels and program revenue collection targets, which was
approved by the CVAG Executive Committee on April 30, 2018; and
WHEREAS, the 2018 Nexus Study revealed the need to revise certain provisions of
the model TUMF Ordinance to reflect changes in the Mitigation Fee Act which governs the
adoption and implementation of development impact fees and to reflect the findings of the
2018 Nexus Study; and
WHEREAS, by notice duly given and posted, on October 14, 2018, the City Council
conducted a public hearing to consider adoption of this ordinance; and
WHEREAS, at the time and place set for the hearing, the City Council duly
considered the data and information provided by CVAG, City staff and the public relative to
the TUMF and all other comments, whether written or oral, submitted prior to the conclusion
of the hearing; and
!•" WHEREAS, the City Council wishes to accurately collect TUMF fees along with the
other participating jurisdictions within the Coachella Valley, as requested by the CVAG
�+ General Assembly.
GAPIanning\Eric Ceja\Transportation\TUMF\CC Staff Report (I0.25.18).doc
ORDINANCE NO. 1342
NOW, THEREFORE, BE IT ORDAINED THAT THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. Chapter 3.44.010(G) of the PDMC is amended to read:
""Regional System means the regional system of roads, streets, and highways
identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS)
to accommodate growth in the Coachella Valley to the year 2040. Only those
projects scoring above 7.5 points in the TPPS are included for TUMF
consideration."
2. Section 2. Chapter 3.44.040 of the PDMC, entitled "Exemptions" is amended in
its entirety to read:
"3.44.040 Exemptions
The following developments are exempted from payment of the fee required by
this chapter:
A. Low and lower -income residential housing, including single-family homes,
apartments, and mobile homes built for those whose income is no more than
eighty percent of the median income in the San Bernardino -Riverside Standard
Metropolitan Statistical Area and as determined and approved by the legislative
body or its designee. The sales or rental price shall not exceed the affordability
criteria as established under HUD Section 8 guidelines."
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 15th day of November 2018, by the following vote, to wit:
AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SABBY JO M, MAYOR
ATTEST:
L -,
RAC ELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G:\Planning\Eric Ceja\Transportation\TUMF\CC Staff Report (10.25.18).doc