HomeMy WebLinkAboutOrd 1177 Increase Notice of Appeal for TUMF - 15 days to 90 days ���--� CITY OF PALM DESERT
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__ PUBLIC WORKS DEPARTMENT � ,
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STAFF REPORT � �
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REQUEST: Increase Notice of Appeal Period for the Transportation Uni rm �
Mitigation Fee (TUMF) �? �'
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SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works � � u;
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DATE: December 11, 2008 � �� �
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CONTENTS: Ordinance No. 1��� Amending Ordinance No. 573 ,�
Ordinance No. 573
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Recommendation:
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Waive further reading and pass to second reading.
Discussion:
The original TUMF Model Ordinance, prepared in coordination with the adoption of
the original Measure A period beginning in July, 1989, included a section on the
recommended appeal process that provided for an applicant who disputes the TUMF
fee to file a written notice of appeal with the CVAG Executive Committee within 15
days of the imposition of the fee. The appeal process further provides that the
Executive Committee must decide the appeal by a majority vote and within 60 days
of the filing of the appeal. A version of the model ordinance was adopted by each of
the TUMF collecting jurisdictions, including the City of Palm Desert, and the 15-day
appeal period is currently in effect. Any change to this appeal period requires each
jurisdiction to amend its TUMF ordinance in order to become effective.
During the discussion of a recent TUMF appeal hearing by the CVAG Technical
Advisory Committee, a question was raised as to whether the CVAG TUMF appeal
period was in conformance with state law. The California Government Code
presently provides that a protest of the imposition of certain fees may be filed within
90 days of the imposition of those fees on a development project. The Government
Code section further provides that each local agency shall provide to the project
applicant a notice in writing at the time of imposition of the fees that the 90-day
approval period in which the applicant may protest has begun.
Adopt Ordinance Amending TUMF Appeal Period
December 11, 2008
Page 2 of 2
Given that it might be argued that the CVAG TUMF appeal process language
conflicts with the California Government Code, it seems appropriate for CVAG to
amend its appeal process by increasing the TUMF notice of appeal period from 15
days to 90 days.
Fiscal Impact Statement:
The lengthening of the notice of appeal period should not cause any delay in the
receipt of TUMF fees imposed on development projects. The amendment of the
TUMF ordinances by each of the TUMF-collecting jurisdictions may entail legal fees
and staff time costs.
Prepared By: Department Head
iCQ�,�-i.�_ ��..��
Debra Lee Mark Greenwo d, P.E.
Management Analyst Director of Public Works
Appro,�al: ^
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Homer Croy Carlos L. rtega
ACM for De opment Services City Manager
G:\PubWorks\Staff Reports�2008\December 11\Ot Revise TUMF Appeal Period from 15 days to 90 days\staff report TUMF appeal period.docx
ORDINANCE NO. 11��
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING
ORDINANCE NO. 573, INCREASING THE NOTICE OF
APPEAL PERIOD FOR THE TRANSPORTATION
UNIFORM MITIGATION FEE (TUMF) FROM 15 DAYS TO
90 DAYS FROM IMPOSITION OF THE FEE.
The City Council of the City of Palm Desert does hereby ordain as follows:
Section 1. That Section 3.44.060 of the Code of the City of Palm Desert, California, being the
same is hereby amended to read as follows:
"3.44.060 Appeal process.
A. An applicant who disputes the fee may file a written notice of appeal with the
Executive Committee of CVAG within 90 days of imposition of the fee. The
Executive Committee of CVAG must decide the appeal by majority vote and within
sixty days of the filing of the appeal."
Section 2. The City Clerk shall certify the passage and adoption hereof and is hereby directed to
publish this Ordinance in the Desert Sun, a newspaper of general circulation, circulated in the
City of Palm Desert, California, and shall be in full farce and effect thirty(30) days after its
adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting this l lth day of December, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
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ORDINANCE N0. 573
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, ESTABLISHING A TRANSPORTATION
UNIFORM HIITIGATION FEE.
SECTION 1.
WHEREAS the City Council o� the City of Palm Desert
makes the following findings:
(1) The City Council of the City of the Palm Desert
� finds that future development within the City of Palm Desert
and within the Coachella Valley t� the �►ear 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 development, 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.
(4) The City Council finds that exactions from
development will contruct only a portion of the local and
regional facilities and that the adoption of this
Transportation Uniform Mitigation Fee 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 determ�ned the extent to
which the new development 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 nPcessary to
accommodate the traffic volumes generated by such
develvpment.
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(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 Va11ey 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
Study made the following additional findings:
(a) Population and employment within the
Coachella Valley is expected to double by the year 2010 and
would cause Levels of Service E and F (as defined in the
National Academy of Sciences 1964 Highway Capacity Manual
and as updated in the 1985 Highway Capacity Manual, Special
Report 209) on existinq streets and arterials.
� (b) The Coachella Va11ey Area Transportation
S:tudy shows that by the year 2010 the Coachella Valley will
increasingly become a more integrated and inter-dependent
region where 92$ of all daily trips will stay within the
Valley, most as inter-city trips for both residents and
visitors.
(c) The 1987 Coachella Valley Area Transportation
Study modeled and evaluated the effect of projected growth
to the year 2010 on all major streets and highways in the
Coachella Valley and found that without expansion, the
transportation system would �uffer severe congestion .
Further, the Study showed that the recommended
transportation improvements would accommodate the tra�'fic
anticipated in the year 2010 at the desired Level of Service
C.
(d) In the year 2010 , according to the Coachella
valle� Area Transportation Study, the Valley will remain a
self-contained community where jobs and the labor force are
well-balanced. The increase in inter-city travel, however,
will result in an increase in average trip length.
(e) Existing and future sources cf public
revenues are insufficient to fund all the needed
transportation improvements.
(f) The revenues genera�e�3 by this Transportation
Mitigation Fee will pro�Tide the additional funds necessar�
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to construct the transportation improvements anc provide the
additional capacity needed by the year 2010 to accommodate
the traffic generated by the development of land in the City
and in the Coachella Valley.
(g) The Transportation Mitigation Fee is a fair
and equitable method of distributing the cost of
transportation impravements among the developments which
will generate the increased traffic.
(7) The Cit1� Council adopts all findings and
incorporates by reference all findings contained in the
following Reports/Studies, attached hereto as Exhibits:
. Coachella Valley Area Transportation Study, dated
December, i987, Exhibit A herein;
. Transportation Qniform Mitigation Fee Ordinance
Report, dated June, 1988, Exhibit B herein;
. . Transportation Expenditure Plan: Scope and Cost
Review, May, 1988 by Bechtel Civil, Inc. , Exhibit C
herein;
. Institute of Transportation Engineers (ITE) , 3rd
Edition, Exhibit D herein, with the exception as
referenced in this Ordinance, Section 2 (6) .
SECTION 2.
NOW, THEREFORE, the City Council of the City of Palm
Desert, California, does hereby add to Title 3 Revenue and
Finance, of the Municipal Code of the City of Palm Desert,
Chapter 3.44 . Transportation Uniform t4itigation Fees as
follows:
"CHAPTER 3.44
TRANSPORTATION UNIFORM MITIGATION FEE
3.44 .010 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
Unified School District within Riverside County.
(2) ' Reg�enal System' means those streets, arterials,
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and road improvements named in this Ordinance as the
Regional System as set forth ir. Section 9 or as may
subsequently be amended.
(3) The ' Coachella Valley Area Transportation Study'
means that repart published by the Southern California
Association of Governments and dated December, 1987 , attached
hereto as Exhibit A, 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 b� a particuZar land use. The Trip
Generation Rate for each of the followinq 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" ,
attached hereto as Exhibit D, 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 s�udy and approved by the
appropriate general purpose government, but in no case may
the rates be less than the ITE rates calculated upon the
measurment as herein specified. Trip-generation rates sha11
be calculated based upon the following measurement:
Residential
Single-family, Multi-family, Condominiums,
Planned Unit Developments, and Mobile homes
shall be calculated per dwelling unit.
Lodqinq
Hotels, Resort Hote's, and Motels shall be
calculated per room.
Restaurants
:o��; turno��er, sit-down , high turnover, and
dri��e-throuah shall be calculated per 1000
sq. feet gross floor area.
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Retail
Stand-alone convenience store and Shopping
centers, sha'_1 be calculated per 1000 gross
square feet.
Office Space
Office space shall be calculated per 1000
square feet of gross floor area.
Banks
Walk-in, with drive-through, Savings & Loan
and Savings & Loan with drive-through shall
be calculated per 1000 gross square feet.
Liqht Industry/ManufacturinQ
Industrial . Park and manufacturing shall be .
. calculated per 1000 gross square feet.
Medical
Hospitals shall be calculated per 1000 gross
square feet.
Recreation
Golf Courses independent of hotPls shall be
calculated per parking space; Racquet clubs
shall be calculated per court.
Convention Centers
Shall be calculated per 1000 gross square
feet.
(6) 'Development' 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 construct, or change the use of, a building or
property.
. Where development applies to an enlargement of an
existing building, or a change of use of an existing
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building which results in increased vehicle trips, the
average weekday trips shall be only the additional trips in
excess of those associa*ed with the existing use.
(7) 'The Coachella Va11e1 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 . 44 . 020 Applicability.
The provis�ons of this Ordinance shall apply only to
new 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.
, • 3 .44.030 EStablishmer,t of Transportation Mitigation
Fee.
(1) There is herPby established a Transportation
Uniform Mitigation Fee, the proceeds of �,rhich shall be
placed in the trust fund established by CVAG and used to
construct the transportation improvements and provide the
additional capacitl needed by the year 2010 to accommodate
the traffic generated by the 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 as recommended by CVAG. The
Council shall adopt by resolution the fee amount recommended
by CVAG or may adopt a higher �ee amount. The Executive
Commit�ee of CVAG shall annually review and, if necessary,
amend the amount of the recotnmended mitigation fee to insure
that it is a fair and equitable method of distributing the
costs of the improvements necessary to accomodate traffic
volumes generated by future growth.
(3) The Council shall annually review and, if neces-
sary, amend the amount of the mitigation fee to insure that
it is a �air and equitable method of distributing the costs
of the improvements necessary to accomodate traffic volumes
generated by future growth. If the amount of the recommended
mitigation fee is amended by CVAG pursuant to CVAG's annual
review, the Counci.� shall amend its fee amount in accord or
in an amount greater.
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(4) No Tract map, parcel map, conditiona� use permit,
land use permit or other entitlement shal'_ be approved
unless payment of the mitigation fee is a condition of
approval for any such entitlement. The mitigation �ee shall
be paid to the Cit��.
(5) 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.
(6) Mitigation fees shall be imposed and collected by
the City and S�Q11 be transm=tted to CVAG to be placed in
the Coachella Valie�� Transportation Mitigation Trust Fund.
All interest or other .earnings of the Fund shaZl be credited
to the Fund.
3.44 .040 EYemptions.
_ The following dev.elopments are exempted from payment of
the fee� require� b� this Ordinance:
(2) Low and lower-income residential housing,
including single-family homes, apartments, and mobile homes
built for those �ahose income is no more than 80$ of the
median income in the San Bernardino-Riverside Standard
rietropolitan 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) Public buildings, public schools, and public
facilities unless they are primarily for lease to private,
for-profit enterprises.
(3) Buildings used for religious purposes but
excluding other commercial properties or businesses owned by
a religious institution.
(4) The recenstruction 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) �ear from destruction of the building.
3 . 44. 050 Credits.
(1) Where a developer inproves those regional streets
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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
Mitiqation Fee. To receive a credit, the developer shall
obtazn 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 tees 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 c.onstruction. All such construction on
the regional network must have the approval of CVAG as to
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.
3 . 44. 060 A eal Process.
An applicant who disputes the fee may file a written
notice of appeal with the Executive Committee of CVAG within
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15 days of imposition of tlie fee. The EYecutiv� Committee of
CVAG must decide ttie appeal by ma;ority vote and withir, 60
days of the filinC of the appeal.
3 . 44 . 0?0 Severability.
If any c+ne or nore 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 cor�petent ;urisdiction, each and al1 of the
remaining terms, �rovisions, and sections of this Ordinance
shall not be affected thereby and shall be valid and
enforceable.
3. 44.080 �,ist 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 tt�e ��ear 2010 throughout the Coachella
Valley. The. fol'_owing �list of projects shall be annually �
reviewed and may be amended from time to time by CVAG.
Freeway InteYchar,ges:
Gene Autry at I-10
Ramon at I-10
Monterey at I-10
Cock at I-10
Washington at I-10
Jefferson at I-10
Avenue 56 at Highway 86
Ra�lroad Crossings South of I-10
Gene Autry Trial
Famon
Monterey
Cook
Washington
Avenue 56
Major Primary Arterial (involving multiple
jurisdictions)
Mid-Valley Parkway (by segment)
Gene Autry Trail/Palm Drive
Ger.e Autry to rionterey
Palm S�rings Bypass (Whitewater Bypass)
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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
BRIDGES OVER OTHER CHANNELS
48th at All American (2 bridges)
Madison (2 bridges)
Jefferson (3 bridges)
Washington (La 'Quinta Evac Channel)
52nd at P.11 American Canal
Avenue 56 at Coachella Valley Storm Channel
(widen)
Ramon Road at Aaristo Channel
The Uniform Transportation Mitigation Fee shall be solely
used toward funding the engineering and construction of, and
purchasing right-of-��ay for, these Regional Slstem project
and any other Purpose consistent with this Ordinance. The
Fee may not be used �or system maintenance.
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CVAG shall annually establish prioriti�s for the
Regional System projects based on the criteria set forth in
the Uniform Transportation Mitigation Fee Ordinance Report,
Section 4 . 3 , Exhibit B. "
SECTION 3 . EFFECTIVE DATE.
This Ordinance shall be in full force and effect thirty
(30) days after adoption with the following exception: the
portion of this ordinance which imposes a fee upon a single
family or multi-family development prOject shall be
effective sixty {60) days after adoption.
SECTION 4 . PUBLICATION.
The City Clerk shall certify to the passage and
adoption of this ordinance ar.d shall cause the same to be
published once in the Palm Desert Post, a newspaper of
general circulation , printed, published and circulated
within the City of Palm Desert.
Adopted this 25th day of MaY , l9gg,
b� the following vote:
AYES: Benson , Crites, Kelly, Snyder, Wilson
NOES: None
ABSENT: None ;
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�tnl-�-�SON, Mayor
C ' y of Palm Desert, California
ATTEST: '
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- SHEILA GILLIG N, City C " rk
City of Palm �esert, a ifornia
_Fw
�'=,��ictil:i.0
BY RE�OLUTION #,D��_S��
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f�ATED: �,_/
Ordinance No. 573
EXHIBIT A
Coachella Valley Area Transportation Study, dated December, 1987
EXHIBIT B
Transportation Uniform Mitigation Fee Ordinance Report dated June,
1988
EXHIBIT C
Transportation Expenditure Plan: Scope and Cost Review, May, 1988,
by Bechtel Civil, Inc.
EXHIBIT D
Institute of Transportation Engineers (ITE) , 3rd Edition, with the
exception as referenced in this Ordinance, Section 2(6)
ALL EXHIBITS LISTED ABOVE ARE ON FILE IN THE CITY CLERK'S OFFICE