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HomeMy WebLinkAboutORD 576DJE29/17 ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM DESERT, CALIFORNIA, ADOPTING A TRANSPORTATION MITIGATION FEE FOR SINGLE AND MULTIFAMILY DEVELOPMENT PROJECTS AS AN URGENCY MEASURE. WHEREAS, the voters have approved Measure A, imposing a County sales tax increase for the purpose of mitigating the transportation problems of the County; and WHEREAS the sales tax increase is effective July 1, 1989 and Measure A requires the City to adopt a fee for new construction to provide local funds for transportation projects in order to receive Measure A funds; and WHEREAS the City finds that receipt of Measure A funds are necessary to protect the public health, welfare and safety; and WHEREAS on May 25 1989, the City adopted a Transportation Uniform Mitigation Fee in compliance with Measure A, but a portion of such fee which is imposed on single and multi -family development projects will not take effect until July 24 , 1989 pursuant to State law; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1. FINDINGS. (1) The City Council of the City of Palm Desert finds that future development within the City of Palm Desert and within the Coachella Valley to the year 2010 will result in traffic volumes in excess of capacity on the regional system of streets, arterials and highways now existing. (2) The City Council finds that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets and arterials of the regional system. (3) The City Council also finds and declares that in the absence of this Ordinance, imposing a fair -share traffic fee upon new single and multi -family developments, existing and future sources of revenue are inadequate to fund substantial portions of the regional transportation system improvements needed to avoid unacceptable levels of congestion and related adverse impacts. -1- DJE29/17 X (4) The City Council finds that exactions from single and multi -family development will contruct only a portion of the local and regional facilities and that the adoption of this Ordinance will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley. (5) The City Council also finds that the Coachella Valley Area Transportation Study has determined the extent to which the new single and multi -family developments of land will generate traffic volumes impacting the roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such development. (6) The City Council further finds that the regional transportation improvements and the Transportation Uniform Mitigation Fee established by this Ordinance are based on the findings of the 1987 Coachella Valley Area Transportation Study whose policy -committee members represented all nine cities in the Coachella Valley and Riverside County. This Study has established that growth in the year 2010 will affect the entire regional transportation system and therefore the area of impact for future development is the entire Coachella Valley as defined in this Ordinance. The City Council further adopts all findings as made by the 1987 Coachella Valley Area Transportation Study. (7) The City Council further adopts all findings and incorporates by reference all findings contained in the following Reports/Studies, on file with the City Clerk: Coachella Valley Area Transportation Study, dated December, 1987; Transportation Uniform Mitigation Fee Ordinance Report, dated June, 1988; Transportation Expenditure Plan: Scope and Cost Review, May, 1988 by Bechtel Civil, Inc.; Institute of Transportation Engineers (ITE), 4th Edition, or as revised. SECTION 2. DEFINITIONS. (1) "Coachella Valley" means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella 1 -2- DJE29/17 Unified School District within Riverside County. (2) "Regional System" means those streets, arterials, and road improvements named in this Ordinance as the Regional System as set forth in Section 9 or as may subsequently be amended. (3) The "Coachella Valley Area Transportation Study" means that report published by the Southern California Association of Governments and dated December, 1987, or as subsequently amended by the entities/jurisdictions,_.. of the Coachella Valley Association of Governments. (4) "Average Weekday Trips" means the average number of daily vehicle trips to or from a designated land use Monday through Friday. (5) "Change of Use" means any change in the use of an existing building which results in the increase of.vehicular trips. (6) "Trip Generation Rate" means the number of average weekday trips generated by a particular land use. ..The Trip Generation Rate for each of the following land -use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 4th edition, or as revised, as noted in Section VII: 'Trip Generation Land Use Code', calculated upon the measurement herein specified. If a developer is required to prepare a traffic study, the trip -generation rate shall be as determined by that traffic study and approved by the City, but in no case may the rates be less than the ITE rates calculated upon the measurment as herein specified. Trip -generation rates shall be calculated for single family and multi -family developments pax dwelling unit. (7) "Single family and multi -family developmept" means any activity which requires discretionary or ministerial action by the City resulting in the issuance of _.grading, building, plumbing, mechanical, or electrical permits, or certificates of occupancy issued by the City to „qonstruct, or change the use of, a building or property. _ Where development applies to an enlargemeft of an existing building, or a change of use of an existing building which results in increased vehicle -trips, the average weekday trips shall be only the additional_ trips in excess of those associated with the existing use. (8) "The Coachella Valley Association of Governments," hereinafter CVAG, means the legal entity which will manage and administer the Transportation Uniform Mitigation Fee in accordance with the laws of the State of California. -3- DJE29/17 SECTION 3. APPLICABILITY. The provisions of this Ordinance shall apply only to new single family and multi -family development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. The provisions of this Ordinance shall take effect immediately and pursuant to Government Code, Section 65962, shall automatically expire in thirty (30) days unless the City Council extends pursuant to Government Code, Section 65962. SECTION 4. ESTABLISHMENT OF TRANSPORTATION MITIGATION FEE. (1) There is hereby established a Transportation Uniform Mitigation Fee, the proceeds of which shall be placed in the trust fund established by CVAG and used to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic, generated by the single family and multi -family development of land, in the City and in the Coachella Valley. (2) The amount of the mitigation fee shall be based on the trip generation rate and shall be the following amount as recommended by CVAG. Sixty-six dollars ($66) per average daily trip for all non-residential single family and multi -family development. Eighty-three dollars ($83) per average daily trip for all residential single family and multi -family developments. (3) No Tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the City. (4) No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. (5) Mitigation fees shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. 1 -4- 01 DJE29/17 SECTION 5. EXEMPTIONS. The following developments are exempted from payment of the fee required by this Ordinance: (1) Low and lower -income residential housing, including single-family homes, apartments, and mobile homes built for those whose income is no more than 80% 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. (2) The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generates the same or fewer trips as the original building and reconstruction commences within one (1) year from destruction of the building. SECTION 6. CREDITS (1) Where a developer improves those regional streets identified in Section 9 of this Ordinance beyond the requirements established in Section 6(2), the developer shall receive a credit against the Transportation Uniform Mitigation Fee. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system. (2) The fees required by this Ordinance shall be in addition to any fees, conditions or exactions for on -site and off -site improvements imposed upon projects pursuant to state and local laws, ordinances, or administrative policy which may authorize the imposition of conditions, fees or exactions on development and the developer shall not be entitled to any credits for such fees, conditions or exactions. (3) If a developer constructs, or is required by the City to construct, any portion of the regional network as identified in Section 9 of this Ordinance in excess of that required to meet standard street requirements as provided by local ordinances, municipal codes, and the City's General Plan, the developer shall be entitled to a credit for the cost of such excess construction. All such construction on the regional network must have the approval of CVAG as to -5- DJE29/17 b plans and detailed costs estimates. (4) Should the credit exceed the applicant's total fee, the difference may be credited against any of the applicant's future development within five (5) years which would be subject to the fee. The credit may not be refunded in cash. (5) Should a developer provide improvements which benefit adjacent undeveloped land, the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future fees contributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG's rules and regulations. SECTION 7. APPEAL PROCESS. An applicant who disputes the fee may file a written notice of appeal with the Executive Committee of CVAG within 15 days of imposition of the fee. The Executive Committee of CVAG must decide the appeal by majority vote and within 60 days of the filing of the appeal. SECTION 8. SEVERABIITY. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be adjudged invalid, unenforceable, voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 9. LIST OF PROJECTS ON THE REGIONAL SYSTEM. The following transportation projects are those which when completed will together mitigate the traffic impacts of future growth in the year 2010 throughout the Coachella Valley. The following list of projects shall be annually reviewed and may be amended from time to time by CVAG. Freeway Interchanges: Gene Autry at I-10 Ramon at I-10 Monterey at I-10 Cook at I-10 Washington at I-10 Jefferson at 1-10 Avenue 56 at Highway 86 -6- DJE29/17 Railroad Crossings South of I-10 Gene Autry Trial Ramon Monterey Cook Washington Avenue 56 Major Primary Arterial (Involving multiple jurisdictions) Mid -Valley Parkway (by segment) Gene Autry Trail/Palm Drive Gene Autry to Monterey Palm Springs Bypass (Whitewater Bypass) Gene Autry/Palm Drive (North of PS Bypass) Ramon Gerald Ford Frank Sinatra Monterey Cook Country Club 48th Ave. Madison Jefferson Fred Waring Drive 52nd Ave. Date Palm Drive Vista Chino Washington Bob Hope Avenue 56 BRIDGES ACROSS WHITEWATER (Widening or New Bridge) Gene Autry Ramon Frank Sinatra Monterey Cook E1 Dorado Madison Washington Jefferson Fred Waring Drive (2 bridges) Vista Chino Country Club -7- DJE29/17 BRIDGES OVER OTHER CHANNELS 48th at All American (2 bridges) Madison (2 bridges) Jefferson (3 bridges) Washington (La Quinta Evac Channel) 52nd at All American Canal Avenue 56 at Coachella Valley Storm Channel (widen) Ramon Road at Barristo Channel The Uniform Transportation Mitigation Fee shall be solely used toward funding the engineering and construction of, and purchasing right-of-way for, these Regional System projects and any other purpose consistent with this Ordinance. The Fee may not be used for system maintenance. SECTION 10. URGENCY ADOPTION. This ordinance shall be adopted as an interim urgency measure pursuant to Government Code, Section 65962, to be effective immediately, imposing a transportation mitigation fee for single family and multi -family development in order to comply with Measure A requirements and receive Measure A funds to protect the public health, welfare and safety. PASSED, APPROVED AND ADOPTED THIS 22nd June , 1989, by the following vote: AYES: BENSON, CRITES, KELLY, SNYDER, WILSON NOES : NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA GILLIGAU,, Cit City of Palm Desert, ifornia I.RSON, Mayor of Palm Desert, day of lifornia 5:C