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Home My WebLink AboutORD 175ORDINANCE NO. 175 AN ORDtNANCS OF 'PRE CITY COCNCiL OF "It CITY OF PAW D6'ONW, CALIFORNIA, ADDING CHAVTSR 20.49, ESTABLISHING PROPn "t IMPROVZNENT FIBS TO BZ PAID TO THE CITY FOR TM8 PURPOSE OF MEETING CITY-WIDE DRAINAGE NEEDS. (00ENCY ORDINANCE) VnREAS, the City Council has found by the adoption of the Master Drainage Plan and does again here find that subdivision as well as development of property within the district area requires the con- struction of facilities as not forth in the Waster Drainage Plan: and WRIMS, the City Council has heretofore found by the adoption of the Master Plan of Drainage and does again hereby find that the fees as hereinafter not forth are fairly apportioned within the district area as set forth in the Business and Professions Code of the State of California, more particularly, Section 11543.5. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: That Chapter 26.49, Drainage Facilities, be added as follows: "Chapter 26.43, Drainage Facilities. 26.40.010 - That the City boundaries of the City of Palm Desert are hereby declared to be the drainage area and has hereby dreated a separate fund which shall be known as the "Planned Local Drainage Facilities Fund". All monies col- lected pursuant to this ordinance shall be deposited in accordance with the laws of the State of California in said drainage fund. 26.40.020 - No final map shall be approved and unless all elements of the Master Plan of•Drainage within or contiguous to said tract have been constructed or provision made for such construction, This condition may be modified by the City Zaginoor if the developer secures a drainage study prepared by a California Registered Civil Znginner and Containing a signed conclusion by such Engineer as to the flood basard to property and structures which a twenty-five roar (26) froqusncr storm will infltot. The City Engineer shall thou examine each such development and issue a flood banard report as required by State Law. Said report shall .1. �. 4'".r.�fti to hied *1th the Califorsia state Mal Estate Commission 1A leatift possible flood hazard to structures,and if flood hazard does exist$ it shall be sufficient grounds to deny issnasce of building permits. W-49,130 The subdivider may be required to construct all elments of the Master Plan of Drainage which lie in or are contiguous to the tract. The cost thereof will be deducted from the offsite drainage charges. where the cost exceeds the required offsite drainage charges, a reimbursement for the excess may be provided for at the discretion of the City Council. 26.49.040 - It shall be the responsibility of the subdivider to construct all catch basins, storm drain laterals, junction chambers. and drainage facilities other than the master planned system that are within the boundaries of his subdi- vision and deemed necessary by the City Engineer. where street capacities exceed a ten-year (10) storm frequency, other facilities shall be provided. 26.49.050 - There is hereby established an off -site drainage C fee of $1,500 per gross acre in the case of land to be {` subdivided. or $1,500 per net acre of improvement site, in the case of construction or improvement of subdivided land. The amount of fee shall be calculated on full and partial acres, carried to the nearest 100th•of a percentage. In the case of land to be subdivided, the fee shall apply for any and all uses to which the land may be put. In the case of construction or improvement of subdivided land, the fee shall apply only to new commercial, industrial, professional, group dwelling, or community facility us* (see Section 25.56.080 of the Palm Desert Municipal Code). Said foes shall be collected, deposited, and expended pursuant to Section 11543.5 of the Business and Professions Code of the State of California and all other applicable laws of the State of California. All necessary drainage fees established by the City of Palm Dessrt shall be deposited with the City prior to approval of the final map in the case of land being subdivided, or prior to issuance of a building pera►it in the case of construction or improvement of subdivided .2- f Ordinance No. 178 h land. TM city shall have the right, in lieu of accepting caah, pursuant to this section to accept any other proper and valid consideration as may be determined by them. la.d9.06Q - All drainage facilities set forth in the Master Plan of Drainage for the City of Palm Desert are in addition to present local drainage facilities serving the drainage area. This chapter shall apply to all subdivisions of land as well as developments of land within the drainage area." SECTION Z: Because there is an urgent need for flood drainage fees and because there are projects in the process of being developed and it is necessary that there be a form of regulation of said projects, and because of the necessity of protecting the public health, safety, and welfare of the citizens of the City of Palm Desert, this Ordinance shall take effect upon its adoption. Pursuant to Section 66483A of the Government Code, this Ordinance shall be applicable to all projects filed 30 days after the enactment of this Ordinance. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and 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, and the same shall be in full force and effect as of this date. PASSED, APPROVED, and ADOPTED on this 22nd day of December , 1977, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: McPherson, Ne4rander, Wilson & Mullins NOES: Brush ASSENT: None ABSTAIN: None ATTEST: CITT O1 PALM DEBUT, CALIFORNIA -3-