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HomeMy WebLinkAboutCUP 90-6 Palm Lakes Golf Course Waiver of Fees i (r INTEROFFICE MEMORANDUM TO: City Council and City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director Ramon Diaz, Assistant City Manager/Community Development Director SUBJECT: CONDITIONAL USE PERMIT (C.U.P.) NO. 90-6: PALM LAKES GOLF COURSE ALONG THE WHITEWATER FLOOD CONTROL CHANNEL BETWEEN PORTOLA AVENUE AND COOK STREET - REQUEST FOR WAIVER OF FEES DATE: May 24, 1990 RECOMMENDATION: Deny the request to waive or adjust fees for the subject project. BACKGROUND: The subject development was approved by the Palm Desert Planning Commission on February 20, 1990. As part of the review process, the developer provided a conceptual site plan for the Planning Commission public hearing. Specific engineered grading plans have not been provided to the Public Works Department. On April 3, 1990, the applicant, Mr. Mel Curci , wrote the City Council requesting the drainage, signalization, and fringe toed lizard fees be waived or adjusted. As a result of discussions with the Planning Department, as well as the City Attorney, the Public Works staff can find no rationale for wavering or adjusting the drainage and signalization fees. The overall project area of approximately 56 acres includes approximately 37 acres within the Whitewater Flood Control Channel , with the drainage fee for the project estimated to be $209,200. Although the drainage fee is based upon the area in the flood channel , there is a need to provide a storm drain in Cook Street which will benefit this property as well as those properties north of this area. On that basis, we feel the developer should pay their fair share towards the future Cook Street storm drain. The signalization fee for the proposed structures associated with the golf course will be $0.50 per square foot. Future traffic signal plans call for the installation of a signal located either south at the intersection of Santa Fe Trail and the emergency access to the high school or to the north at either Sheryl or Merle at Cook Street. Either of these locations will provide benefits to users going in and out of the golf course. City Council and City Manager Page 2 May 24, 1990 With regard to the fringe toed lizard fee, the City is not empowered to waive this fee. This fee is the result of the Federal Endangered Species Act. The valley cities, which had fringe toed lizard habitats were required to create a plan to mitigate the elimination of fringe toed lizard habitats by development through the establishment of this fee. Funds generated from this fee are then used to acquire habitat area in the Fringe Toed Lizard Preserve located north of Interstate 10. All private developments are assessed this fee of $600 per acre and it cannot be waived. In addition to the above-mentioned fees, there will be a Transportation Uniform Mitigation Fee (TUMF) for this project that the City is not empowered to waive. The current fee for golf course projects is $549.78 per acre. Based upon a review of these fees by city staff, it is our recommendation that the request to waive or adjust them be denied. RIC ARD J. FOKERS, P.E. REVIEWED AND CONCUR CITY MANAGER RJF/ms CITY COUNCIL ACTION: APPROVED DENIED RECEIVED CT!TER IvVAtir'siiiiNt DATE \ s•`gQ NOES: ABSENT: ABSTAIN: NJE34�_ VERIFIED BY:_�-.��. _ Original on File�-Wi i City Clerk's Offi.