(a) 
The city council finds and determines:
(1) 
There has been increased interest by the development community in the canyon area of the city; however, the need to construct backbone infrastructure including major drainage and flood control facilities to provide one hundred year flood protection, all weather access, and enhanced fire protection is cost prohibitive for any single developer to fund with the hope of being reimbursed by other property owners in the future as adjacent lands develop.
(2) 
Surface runoff occurs from the Palm, Andreas, Dry, and Arenas (north and south) Canyons which are located west of the canyon area. As a result of runoffs from these canyons, the one hundred year peak flows exceed the capacity of the natural drainage ways, as well as existing flood control facilities.
(3) 
Portions of the canyon area are also subject to flooding as a result of sheet flow between Acanto Way and Bogert Trail.
(4) 
The construction of the flood control and storm drainage facilities identified in this chapter is essential to provide adequate drainage for the protection of private property and public infrastructure within the canyon area, including the new construction and development in the canyon area.
(5) 
There is a need to reconstruct a portion of South Palm Canyon Drive which provides ingress and egress to the canyon area. South Palm Canyon Drive is subject to flooding during major storm events leaving certain parcels south of Murray Canyon Drive without a means of access, including restricted access for emergency service providers.
(6) 
A portion of South Palm Canyon Drive must be constructed to ensure access to Murray Canyon Drive during major storm events by emergency service providers and to improve traffic flow. The council finds and determines that without such construction, the ability of police and fire to respond to the canyon area will be severely impaired.
(7) 
In order to provide acceptable response time to residents of the canyon area, a new fire station is needed to serve the vicinity of the canyon area, together with other areas. Approximately fifteen percent of the area that the new fire station would serve would be development in the canyon area.
(8) 
There is a reasonable relationship between the use of the drainage fee, the road and bridge impact fee, and the fire protection impact fee and the type of development projects upon which these fees are imposed because the fees will be used to construct drainage, road and fire protection improvements that are necessary for the safety, health and welfare of residential and commercial users of the development projects on which the fees will be levied.
(9) 
There is a reasonable relationship between the need for the drainage improvements, the road and bridge improvements, and the fire station and the type of development projects upon which these fees are imposed. It will be necessary for the residents and owners in the canyon area to be protected from floods and fires and have emergency providers access the area during emergencies. Such development will benefit from such improvements and the burden of such development will be mitigated in part by payment of the fees.
(10) 
The fees established in this chapter are consistent with the reasonable cost estimates for constructing the improvements and the amount of each fee expected to be generated by new development will not exceed the total fair cost to such development for its fair share of the improvements. The fees established in this chapter are further predicated on allocation of costs based on hydrological studies, current land use entitlements and development densities, local and area benefits, and current and anticipated projects and improvements.
(11) 
The council finds that the improvements proposed to be funded in part by the fees generated under this chapter are consistent with the Canyon Park Resort and Spa specific plan amendment No. 1, dated October 13, 1993, and the Canyon South Specific Plan (amendment to Canyon Park specific plan, No. 1), adopted July 16, 2003, which plans contain policies and standards for drainage and flood control facilities to be constructed in the canyon area and the fees adopted in this chapter will be in accordance with the above referenced plans' principles and standards.
(12) 
The council finds that the improvements proposed to be funded in part by the fees generated under this chapter are consistent with the Indian Canyons master plan, approved in January, 2002 ("Indian Canyons Plan") by the Tribe and the master plan of drainage as required by the city of Palm Springs for the Andreas Alluvial Cone, Dry Canyon, Arenas South and North Canyons and Palm Canyon (one thousand eight hundred feet downstream of Bogert Trail) drainage courses city of Palm Springs, dated April 2001, together with an addendum, dated October 2001.
(b) 
The council finds that with respect to the drainage fee allocable to the canyon area, the reasonable and fair peracre fee to be charged is derived by dividing the total cost of the improvements by the total number of developable (already developed and to be developed) acres. However, the Indian Canyons plan provides that approximately one thousand eighty-four acres of canyon area are identified as heritage park, an area of land that will never be developed and such acres are therefore not designated as developable. The removal of those acres from the "developable" category does not lower the overall cost of the drainage system but does remove the feasible number of acres over which to assess the fee. Since heritage park will not be developed, and its removal from the "developable" category does not remove the flood and drainage burdens, the remaining acreage must bear the burden of the cost of the improvements and contingencies.
(c) 
The council finds that the improvements proposed to be funded in part by the fees generated under this chapter are consistent with all applicable adopted plans and policies of the city.
(d) 
Certain development projects have been recently processed with a condition providing for the payment of fees subject to fee studies being conducted by the city. The provisions of this chapter shall be applied to the calculation of the required fees for such projects.
(e) 
The city council finds and determines that this chapter and the plans and studies prepared in conjunction with the consideration and adoption of the ordinance codified in this chapter, comply with California Government Code Section 66001, and fully provide a reasonable and fair basis for the imposition of fees on new development. The city specifically finds that the plans and studies prepared in conjunction with the consideration and adoption of this chapter:
(1) 
Identifies the purposes of the fees;
(2) 
Identifies the uses to which the fees will be put;
(3) 
Demonstrate a reasonable relationship between the uses of the fees and type of development projects on which each of the fees is imposed;
(4) 
Demonstrate a reasonable relationship between the need for public facilities and the type of development projects on which the fees are imposed; and
(5) 
Demonstrate a reasonable relationship between the amount of the fees and the cost of public facilities or portion of the public facilities attributable to the development on which the fees are imposed.
(Ord. 1681 § 1, 2006)
For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:
"Affordable housing"
means low and moderate income housing as defined by federal and state law.
"B&H study"
means the Palm Canyon Infrastructure Fee Study, dated February 9, 2004, prepared by Berryman & Henigar, Inc., on file in the office of the city clerk
"Canyon Area"
means the area delineated on the map attached to the ordinance codified in this chapter as Exhibit A.
"Development approval"
means any approval or permit from the city, whether discretionary or ministerial, including but not limited to, a development plan, conditional use permit, tentative subdivision map, parcel map, final subdivision map, building permit, or other permit or entitlement for construction or reconstruction.
"Development project"
means any project undertaken for the purpose of development requiring a development approval.
"Finance director"
means the director of finance of the city or such other person as the city manager of the city may designate.
"Net acres"
means the gross area of a development project less major and secondary street rights-of-way and less easements for public utilities, city or public agency property, schools and railroads.
(Ord. 1681 § 1, 2006)
The provisions of this chapter shall not apply to the following:
(1) 
Development projects already constructed as of the effective date of the ordinance codified in this chapter;
(2) 
Proposed development for which development approvals have been obtained, except for developments that have been required by the conditions of approval to pay a legally established fee or which provided for adjustment of the fee pursuant to a legally valid fee study, in which case, the developers of such developments shall pay the fee pursuant to such conditions as provided in this chapter;
(3) 
Land that is restricted or covenanted to remain as open space or to remain undeveloped;
(4) 
Development of affordable housing projects for such dwelling units which are restricted to affordable housing and burdened with affordability covenants; and
(5) 
Public buildings, public schools, and public facilities.
(Ord. 1681 § 1, 2006)
(a) 
Authority and Purpose. All of the fees listed in subsections (b), (c) and (d) of this section are adopted. The fees are enacted pursuant to the authority granted by Sections 66000 and 66001 of the Government Code of the state of California and shall be interpreted to be consistent with the provisions thereof. The purposes of these fees are to finance the increased need for drainage and flood control facilities, a fire station, and roads and bridges within the canyon area caused by new development within the canyon area.
(b) 
Drainage Fee.
(1) 
Use. The drainage fee, consisting of the area benefit fee and the local benefit fee as provided in this subsection and imposed by this chapter, shall be used to construct the improvements described in the B&H study (collectively, the "drainage improvements").
(2) 
Local Improvements—Construction of Local Improvements or Payment of Fee in Lieu as Condition to Approval of a Development Approval. Unless exempt pursuant to Section 9.69.030, the developer of each development project within the canyon area shall construct all local drainage and flood control improvements and shall construct or pay an in lieu fee for all area drainage and flood control improvements; provided that no in lieu fee may be paid in substitution for construction of such drainage and flood control improvements if the failure to construct the improvement would constitute a health and safety hazard for the occupants of the development. The developer of each development project shall be required to construct such improvements in the manner and time required for such development project pursuant to this code.
(3) 
In-Lieu Fee. The city engineer may, in the city engineer's discretion, determine whether the developer of a development project will construct local drainage and flood control improvements or pay the local benefit fee provided for under this subsection. In making such determination, the city engineer shall consider, but not be limited by, the following factors: (A) the percentage of local benefit to a particular development project; (B) whether the improvement completes a "missing link" between two previously constructed improvements; and (C) whether it is the first or last link up or whether it is downstream from other proposed or existing improvements.
(4) 
Standards for Determining Drainage Fee.
(A) 
Computation of Area Benefit Fee. The area benefit fee is calculated by multiplying the number of net acres of the development project by the applicable per acre costs listed below:
Type of Development
Costs/Net Acre
Single-family development
$4,213.00
Hotel development
3,180.00
Golf course/open space
0.00
Commercial/multifamily
0.00
City property
0.00
The area benefit fee has been determined pursuant to the B&H Study and Section 9.69.010 of this chapter by determining the costs of those flood control improvements which show an area wide benefit and prorating such costs based on the ratio of developed and undeveloped land in the study area by land use. These costs take into account the runoff coefficients in the county of Riverside's hydrological manual.
(B) 
Computation of Local Benefit Fee. Each of the twelve flood control improvements described in the B&H study has been determined to specifically benefit property immediately adjacent to such improvement (the local benefit). The local benefit assessed for each of the improvements is described in the B&H study and each development project's proportionate share of such costs shall be determined by the city engineer by reference to such study at the time that the fee is required to be paid. To the extent the developer is required to construct any portion of such local drainage and flood control improvements, the local benefit fee shall be appropriately reduced.
(c) 
Road and Bridge Impact Fee.
(1) 
Use. The Road and Bridge Fee imposed by this chapter shall be used to construct the improvements described in the B&H study, which include improvements to South Palm Canyon Drive and the replacement of the bridge on South Palm Canyon Drive. Such fees have been allocated on a per residential unit basis.
(2) 
Amount of Fees. The road and bridge impact fees shall be paid on a per residential unit basis upon application for a development approval and shall be as follows:
Single-family residence
$2,704.00 per unit
Hotel
0.00 per unit
Golf course/open space
0.00 per unit
Commercial/multifamily
0.00 per unit
(d) 
Fire Protection Impact Fee.
(1) 
Use. The fire protection impact fee imposed by this chapter shall be used to construct the improvements described in the B&H study, which include the construction of a new fire station. The fire protection impact fee is based on the estimated cost to provide the station allocated by the net development acreage of the possible service area and prorated by land use. The canyon area fire protection impact fee would pay for approximately fifteen percent of the estimated construction costs of a new fire station.
(2) 
Amount of Fee. The fire protection impact fee shall be paid on a per acre basis based on land use and shall be as follows:
Single-family residence
$ 469.00 per acre
Commercial/multifamily
1,875.00 per acre
(Ord. 1681 § 1, 2006)
The drainage fee, the road and bridge impact fee, and the fire protection impact fee shall be required as a condition of approval of the issuance of any development approval and shall be paid prior to the issuance of a certificate of occupancy for the project, or such earlier time as permitted by Government Code Section 66007. To the extent such fees are imposed on a per acre basis, such fees may, at the discretion of the city, be divided by the number of units in the development or by some other proportional formula resulting in a payment equivalent to the per-acre fee provided in this chapter.
(Ord. 1681 § 1, 2006)
The finance director of the city shall adjusted annually the fees established by this chapter, to be effective at the beginning of each fiscal year. The adjustment shall be based on the average percentage change over the previous calendar year set for in the Engineering News Record Building Cost Index for the city of Los Angeles.
(Ord. 1681 § 1, 2006)
When a developer is required, as a condition of approval of a development approval within the canyon area, to construct a public facility, and such facility is determined by the city to have size, length, or capacity exceeding that needed for the impacts on drainage, road and bridge and fire facilities of that development provided in this chapter, and when such construction is necessary to ensure efficient, timely construction of the infrastructure, a reimbursement agreement with the developer may be entered into pursuant to which credit against the fee which would otherwise be charged pursuant to this chapter shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the impacts or the burdens created by that particular development, including the local benefit.
(Ord. 1681 § 1, 2006)
(a) 
Placement of Fees in Separate City Account. The finance director shall receive all fees paid and place them in a separate capital facilities account. Within the capital facilities account, the finance director shall create sub accounts for each of the drainage fee, the road and bridge impact fee and the fire protection impact fee. The finance director shall keep account of all funds received, their source, all expenditures therefrom and the purpose of all expenditures. All interest earned on investment of the funds in the capital facilities account shall be deposited in the capital facilities account and the sub-accounts therein and shall be expended only for the purpose for which the fee was originally collected.
(b) 
Annual Report.
(1) 
The finance director shall prepare an annual report thereon pursuant to Government Code Section 66006, and make such report available to the public stating:
(A) 
The type of fee in the account;
(B) 
The amount of the fee;
(C) 
The beginning and ending balance of the account or fund;
(D) 
The amount of the fees collected and the interest earned;
(E) 
Information relating to the public improvements on which the fees were expended;
(F) 
The approximate date by which the construction of the improvement will commence if sufficient funds have been collected;
(G) 
A description of interfund transfers or loans;
(H) 
The amount of any refunds.
(2) 
The city council shall review said report at the next regularly scheduled public meeting not less than fifteen days after the report is made available to the public. Notice of such meeting shall be mailed at least fifteen days prior to the meeting to any interested person who files a written request with the local agency for mailed notice of the meeting pursuant to Government Code Section 66006.
(c) 
Compliance with Government Code Section 66006. The city shall comply with the determinations and requirements of Government Code Section 66006.
(Ord. 1681 § 1, 2006)
This chapter only applies to the improvements described in this chapter and the applicant is responsible for installing all other required public infrastructure improvements in accordance with law and the municipal code.
(Ord. 1681 § 1, 2006)
The city may from time to time restudy its drainage, traffic, fire, and other infrastructure needs in the canyon area. Based upon an appropriate fee study, the city may add, modify, or delete capital facilities, restudy the cost thereof, or otherwise adjust its fee calculations in accordance with current conditions, and modify this chapter to accomplish the purposes hereof.
(Ord. 1681 § 1, 2006)
Any person aggrieved by determination of the city council or city engineer under this chapter, may appeal to the city council as provided in Chapter 2.05 of this code.
(Ord. 1681 § 1, 2006)
(a) 
County Land and Tribal Land. To fully fund the necessary public improvements provided hereunder, the fees must be collected from the development of land, some of which is within the jurisdiction of the city, some of which is within the jurisdiction of the county and some of which is within the jurisdiction of the tribe. The city and the tribe process development projects pursuant to a 1977 Land Use Agreement. The provisions of this section are intended to develop a cooperative program among these entities to provide for a fair allocation of costs to property owners.
(b) 
Cooperation with Tribe and County. The city shall cooperate with the tribe and the county in collecting and administering the fees allocable to the county and the tribe in accordance herewith. The city may enter into any agreements with the county and the tribe to effectuate the purposes hereof. The city may adopt an amendment to this chapter relating to the fee to be assessed on county land and tribal land.
(c) 
Administration. From and after adoption of a resolution or ordinance relating to the fee or an agreement with the city, by the tribe and the county, the city shall, pursuant to the terms of such ordinance, resolution or agreement, administer the fee in accordance with the provisions thereof.
(Ord. 1681 § 1, 2006)