HomeMy WebLinkAboutRes 08-87 Exceptions to Development Services Fees Project in Direct Public BenefitCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Adopt Resolution No. 08- 87 , Authorizing the City Manager to
Grant Exceptions to Development Services Fees for Projects
Resulting in Direct Public Benefit
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: August 28, 2008
CONTENTS: Resolution 04-84
Resolution 06-164
Resolution 07-80
Resolution 08- 87
Recommendation:
Waive further reading and adopt Resolution No. 08- 87 , amending
Resolutions No. 06-164 and 07-80 and their successors and authorizing
the City Manager to grant exceptions, on a case -by -case basis, to
permitting fees when private projects are deemed to provide a direct
benefit to the public.
Background:
The fee schedule used for the Development Services permitting process is established
by City Council resolution. The mechanism currently in place to grant exceptions to City
fees on a case -by -case basis when projects are deemed to offer a direct public benefit
requires approval by the City Council. Obtaining Council approval in each case may
result in an unnecessarily lengthy process that is contrary to the City's philosophy of
providing prompt and responsive service.
Discussion:
On rare occasions a property owner may wish to make improvements to private
property that would provide a direct public benefit. For example, a property owner
wishing to construct a sidewalk on his or her property must be assessed the fees
associated with the necessary permits even though construction of the sidewalk would
provide for increased convenience and safety to the general public. By authorizing the
City Manager to grant an exception and issue "no -fee" permits in this and similar
Resolution Authorizing City Manager to Grant Permit Fee Exceptions
Page 2of2
August 28, 2008
situations in a timely manner, the City will remove what may be perceived as a barrier to
residents wanting to make such improvements.
Another example is found in the City's current Cooperative Conservation Buffer
Demonstration Program. Under this program the City, in partnership with the Coachella
Valley Water District, offers incentives and rebates to private property owners who
retrofit their curbside turf into low -water -use, attractive landscaping that eliminates
problematic "nuisance water" runoff. This type of project requires inspection services
and, in some circumstances, an encroachment permit, both of which are fee -based
services. When the City imposes encroachment permit fees or inspection fees to
residents participating in a City -sponsored program, the City in effect "takes back" at
least a portion of the very incentive offered. This practice may be perceived as
counterproductive.
Therefore, staff recommends that City Council waive further reading and adopt
Resolution No. 08- , amending Resolution Nos. 06-164 and 07-80 and their
successor resolutions in perpetuity, and authorizing the City Manager to grant
exceptions to the established fee schedule for projects deemed to provide a clear and
direct public benefit.
Fiscal Impact: "No -fee" permits will be granted only under specific circumstances;
therefore, it is believed that the City's revenues will not be significantly impacted.
Depart n ea'd:
p � ,
Prepared By:
Alana Townsend
Sr. Management Analyst
Approval:
�y C Qf
Homer Cro '
ACM for De opment Services
(}/)(4,(7/4
Paul S. Gibson
Finance Director
ATT:dhl
Mark Greenvjbod, P.E.
Director of Public Works
David J. Erwin
City Attq'rney
r Carlos L. • rt:. a
City Ma . • er
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2008
XII. RESOLUTIONS
C. RESOLUTION NO. 08-87 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS
RESOLUTION NOS. 06-164, 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.
Rec: Waive further reading and adopt.
Action: Adopted Res. No. 08-87. 5-0
CITY COUNCIL ACTION:
APPROVED �/ DENIED
REC IVED OTHER ,L{cpplied
S . go
MEETING DATE fS• ,,2
AYES: F2l� Guav), hnerly, kd k1,, �QP/.Q/?.'i iZ
NOES: NO/P V
ABSENT: iJ! U n�
ABSTAIN:
VERIFIED BY: /13'llqq'
Original on File witilCity Clerk's Office
� RESOLUTION NO. 04-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
'� DESERT, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND
INSPECTION SERVICE FEES.
WHEREAS, the City Council of the City of Palm Desert, California, did hold a
public hearing to consider approving development review and inspection service fees for
the Building and Safety, Community Development/Planning, Engineering/Public Works
and Fire Departments.
WHEREAS, thsre are a number of services provided by the City when
processing applications, reviewing plans and providing inspection services for the
development of property in the City that are of primary benefit to the applicant; and
WHEREAS, the cost of these services should be borne primarily by the applicant
receiving benefit from such services and so as to insure the timely and effective delivery
of services. The City can account for the actual costs of these services provided to the
appticants as described on the Cost of Services Study, Volume I and II conducted by
Zucker Systems, March 2004.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE AS FOLLOWS:
� SECTION 1. Processing Fees
The processing fees for development p�oceedings in the City of Palm Desert shall be
based on actual in-house processing costs, which are defined as the direct cost required
to review, check, and inspect development applications submitted to the City for approval.
All costs for consultant services, inclusive of any applicable in-house administrative costs,
for development applications which cannot be processed in-house shall be borne by the
applicant. Appticable fees are detailed in the attached Fee Schedule incorporated herein
by this reference as it sets forth in full.
Flat Fees —Where applicable, flat fees have been established for certain services where
the average cost is subject to minimum fluctuation. These flat fees are included in the fee
schedules incorporated into this resolution.
Hourly Charges — Where applicable, hourly charges shall be accumulated for
development processing activities and the applicant shall pay all such costs prior to final
action on the related project or as soon thereafter as such costs may be finally
determined. The payment of such costs may be a condition of approval for any such
� application. If payment is not received within 7 working days after the invoice due date, all
development processing activities will be terminated until payment is received.
RESOLUTION NO. 04-84 *�+
Fees shall be charged according �to the Cost of Services Study, Volume I and II
conducted by Zucker Systems, dated March 2004 and on the attached Fee Schedute, �
referred to as Exhibit"A".
SECTION 2. Deposits
In cases where an hourly rate is being charged, as opposed to a flat fee, each applicant
shall place on deposit with the City the sum detailed by case type in the attached Fee
� Schedule. Deposits have been estimated to represent the minimum amount required to
process each case type. The costs of an individual case may be significantly more than
the initial deposit amount. Costs will be charged against the deposit up to the minimum
deposit amount on account until the development case is closed and all costs have been
paid. Any charges incurred in excess of the initial deposit on a monthly basis.
The department Director or the designee may approve, on a case-by-case basis, a lower
deposit for cases requiring a public hearing. However, the initial deposit may not be less
than the required minimum balance for the case type as specified in Fee Schedule. .
SECTION 3. Refunds
If the amount on deposit pursuant to Section 2 exceeds all accumulated costs at the time �
of the final action on subject application, the excess deposit shall be refunded to the
�
applicant.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council approves the
development review and inspection service fees and becomes effective 60 days after this
approval.
�
.r.r
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' RESOLUTION NO. 04-84
�.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this_8th_day of July , 2004, by the following
vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/Tol�t.�-� �-�
ROBERT A. SPIEG L, y r
City of Pa(m Desert
ATTEST:
�—
�°�- RA H LLE D. KLASSEN, City Clerk
City of Palm Desert, Ca;iforn�a
.. .
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[tESOLLITION NO. p6_164
A RESOLLfTION OF THE CITY COUNCIL OF PALM DESERT,CALIFOItNIA,AMENllING
RESOLUTION 0484 AS IT RELATES TO THE DEVELOPMENT REVIEW AND IVSPF,CTION
SF.RViCE FEES AD.T[.1STMENT.
WHEREAS,pursuant to Government Code sections 66016 and 66017,the Gity of Palm Dcsert proposes to
adopt the Development Review and Inspection Service Fees Adjustment; and
WHEREAS,Government Code Section 66016 provides that any action by the City approve an increase in
an existing fee or service charge shall be taken by resolution or ordinance; and
WHEREAS, the City Council of the City of Paim Desert,California,did on July 8th,2004,approve the
"Cost of Services Study"(a nexus study that Zucker Systems did)as the City's model and policy for all
future service fees' adjustments; and
WHEREAS,the applicant benefiting from such services should primarily bear their cost so that they can be
delivered in a timely and effective manner; and
WHEREAS, the costs associated with service delivery have risen,and increased requirement by the State
of Califomia have further increased costs. The City of Palm Desert will accordingly adjust thc cost of
services based upon Fiscal Year 2004/2005 expenditures and the actual staff times, so that the associated
fees for existing and potential applicants are current and reasonable,and the residents of Palm Desert
continue to receive a high level of quality service.
NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
APPROVE THE DEVELOPMENT REVIEW AND INSPECTION SERVICE FEES ADJUSTMENT
AS FOLLOWS:
SECTION 1. The City Council has considered all of the evidence submitted into the administrative
record,which includes,but is not (imited to,the Updated Comprehensive Cost of Services Study for
Development Processes Volume I&II prepared by Finance Department of City of Palm Desert.
SECTION 2. In view of all of the evidence, and based on the findings and conclusions contained
herein and in the Updated Comprehensive Cost of Services Study, the City Council hereby resolves as
follows:
1. That the Updated Comprehensive Cost of Services Study for Development Departments
is hereby adopted and approved,and including the landscape fees with the Public Works
Department.
2. That the amount of each fee established and adopted herein may be modified and updated
periodically by resolution of the City Council pursuant to any applicable law,rule or
RESOLUTION NO. 06-164
regulation and/ar to conforn�with the findings set fi�rth in the Study or any subsequent
fee study prepared by or on behalf of the City.
3. That, upon the effective date of this Resolution, the City shall impose the user fees
recommended in the Updated Comprehensive C;ost of Services Study as approved herein.
SECTION 3. Effective Date.
In accordance with Government Code Section 66017,the modified fees set forth in this Resolution shall not
take eftect until sixty(60)calendar days following the adoption of'this Resolution.
SECTION 4. Severability.
The City Council declares that, should any provision,section,paragraph,sentence or word of this
Resolution be rendered or declared invalid by any fina!court action in a court of competent jurisdiction or
by reason of any preemptive legislation,the remaining provisions,sections,paragraphs,sentences or words
of this ordinance as hereby adopted shall remain in full force and effect.
PASSED,APPROVED,AND ADOPTED at a regular meeting of the Palm Desert City Council,hcld on
this 14thiay ofDecembg�00b,by the following vote,to wit:
AYES: BENSON, FERG050N, FINERTY, SPIEGEL, and RELLY
NUES: NONE
ABSENT : NONE
ABSTAIN: NONE
�
S. LY, MAYOR
ATTEST:
CH LE .KLAS E ,CITY CLERK
CITY OF PALM DESERT,CALIFORNIA
RESOLUTION NO. 07 80
A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT,
CALIFORNIA, AMENDING THE DEVELOPMENT SERVICES FEE
SCHEDULE TO REFLECT THE ANNUAL UPDATE BASED ON FY2005-
2006 AGTUAL EXPENDITURES.
WHEREAS, pursuant to Government Code sections 66016 and 66017, the City of Palm
Desert proposes to adopt the Development Review and Inspection Service Fees Annual
Adjustment; and
WHEREAS, California Government Code Section 66016 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 City Council of the City of Palm Desert, California, did on July gtn ,
2004, approve the "Cost of Services Study" (a nexus study that Zucker Systems did) as
the City's model and policy for all future service fees' adjustments; and
WHEREAS, This nexus study set forth a mechanism for ensuring that fees adopted by
the City for Development Services rendered do not exceed the reasonable estimated
cost of providing the services; and
WHEREAS, the applicant benefiting from such services should primarily bear their cost
so that they can be delivered in a timely and effective manner; and
WHEREAS, the costs associated with service delivery have risen, and increased
requirement by the State of California have further increased costs. The City of Palm
Desert will accordingly adjust the cost of services based upon Fiscal Year 2005/2006
expenditures and the actual staff times, so that the associated fees for existing and
potential applicants are current and reasonable, and the residents of Palm Desert
continue to receive a high level of quality service.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES
HEREBY APPROVE THE DEVELOPMENT REVIEW AND INSPECTION SERVICE
FEES ANNUAL ADJUSTMENT AS FOLLOWS:
SECTION 1. The City Council has considered all of the evidence submitted into the
administrative record, which includes, but is not limited to, the Comprehensive Cost of
Services Study based on FY 20052006 actual expenditures for Development Processes
Volume I & II prepared by Finance Department of City of Palm Desert.
RESOLUTION NO. 07-80
SECTION 2. In view of all of the evidence, and based on the findings and conclusions
contained herein and in the Updated Comprehensive Cost of Services Study, the City
Council hereby resolves as follows:
1. That the Comprehensive Cost of Services Study based on FY 2005-2006
Actual Expenditures for Development Departments is hereby adopted and
approved,
2. 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 with the findings set forth in the Study or any subsequent fee
study prepared by or on behalf of the City.
3. That, upon the effective date of this Resolution, the City shall impose the
user fees recommended in the Comprehensive Cos#of Services Study as
approved herein.
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 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
resufting agreement (s) to defer, waive or reduce any Development Service Fees shall
be subject to approval by the City Council.
SECTION 4. Effective Date.
In accordance with Government Code Section 66017, the modified fees set forth in this
Resolution shall not take effect until July 1, 2008, following the adoption of this
Resolution. The City Council reserves the right to have such fees effective at that 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 this ordinance as hereby
adopted shall remain in full force and effect.
2
RESOLUTION NO. 07-80
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Paim Desert City
Council, held on this 13th day of December, 2007, by the following vote, to wit:
AYES: FERGUSON, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE r
��
J N M. BENSON, YOR
ATTEST:
H LE . KLASS , CITY CLER
CITY OF PALM DESERT, CALIFORNIA
3
RESOLUTION 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 day of , 2008 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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