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Home My WebLink AboutORD 218ORDINANCE NO. 218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 26.49, "DRAINAGE FACILITIES," AND ADDING A NEW CHAPTER 26.49, "DRAINAGE FACILITIES," ESTABLISHING NEW PROPERTY IMPROVEMENT AREA NORTH OF THE WHITEWATER CHANNEL, AND ESTABLISHING A NEW PROPERTY IMPROVE- MENT FEE FOR THE CITY FOR THE DRAINAGE AREA SOUTH OF THE WHITEWATER CHANNEL FOR THE PURPOSE OF MEETING CITY-WIDE DRAINAGE NEEDS. (URGENCY ORDINANCE) WHEREAS, the City Council has found by the adoption of Master Drainage Plans for the drainage area south of the Whitewater Channel and for the drainage area north of the Whitewater Channel and does again here find that subdivision as well as development of property within the district areas required the construction of facilities as set forth in the Master Drainage lans; and, i Jas WHEREAS, the City Council has heretofore found by the adoption of the aster Plans of Drainage and does again hereby find that the fees as ereinafter set forth are fairly apportioned within the district areas as et forth in the Business and Professions Code of the State of California, ore particularly, Section 11543.5. Z az NOW, THEREFORE, the City Council of the City of Palm Desert, California, OES HEREBY ORDAIN as follows: oSECTION 1: That Chapter 26.49, Drainage Facilities, be repealed. SECTION 2: That a new Chapter 26.49, Drainage Facilities, be added follows: "Chapter 26.49, Drainage Facilities. 26.49.010 - Establishment of Planned Local Drainage Fund - That the City boundaries of the City of Palm Desert, including the adopted sphere of influence are hereby declared to be the drainage area and has hereby created a separate fund which shall be known as the "Planned Local Drainage Facilities Fund". All monies collected pursuant to this ordinance shall be deposited in accordance with the laws of the State of California in said drainage fund. 26.49.020 - Application of Master Plans of Drainage - No final map shall be approved and unless all elements of the Master Plans 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 Engineer if the developer secures a drainage study prepared by a California Registered Civil Engineer and contained a signed con- clusion by such Engineer as to the flood hazard to property and structures which a twenty-five year (25) frequency storm will inflict for those drainage areas located south of the Whitewater Channel, or which a one hundred year (100) frequency storm will inflict for those Drainage areas located north of the Whitewater Channel. The City Engineer shall then examine each such development and issue a flood hazard report as required by State Law. Said report shall be filed with the California State Real Estate Commission indicating possible flood hazard to structures, and if flood hazard does exist, it shall be sufficient grounds to deny issuance of building permits. 26.49.030 - In Lieu Construction of Facilities - The subdivider may be required to construct all elements of the piaster Plans 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 descretion of the City Council. 26.49.040 - Required Related Facilities - 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 subdivision and deemed necessary by the City Engineer. Where street capacities exceed a ten- year (10) storm frequency, other facilities shall be provided. ORDINANCE 218 Page -2- 26.49.050 - Establishment of Off -site Drainage Fees - There is hereby established an off -site drainage fee of $2,500 per gross acre for land in the drainage area south of the Whitewater Channel. There is hereby established an off -site drainage fee of $2,800 per gross acre for land in the drainage area bounded by the adopted sphere of influence on the west and east, Interstate 10 on the north, with the southern boundary running from the westerly city limits along Frank Sinatra Drive, South- erly along Cook Street, and then easterly on Country Club Drive. There is hereby established an off -site drainage fee of $3,700 per acre for land in the drainage area bounded by the southerly boundary described above (for the $2,800 per acre district) on the north, the Whitewater Channel on the south, and the adopted sphere of influence on the west and east. 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 use (see Section 25.56.080 of the Palm Desert Municipal Code). Said fees 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 Desert shall be deposited with the City prior to approval of the final map in the case of land being subdivided, or prior to issu- ance of a building permit in the case of construction or improvement of subdivided land. The City shall have the right, in lieu of accepting cash, pursuant to this section to accept any other proper and valid consideration as may be determined by them. 26.49.060 - Required On -site Retention - Developments of 10 gross acres or more shall provide sufficient on -site stormwater retention and/or retardation so as to limit peak runoff during a storm having 25-year intensity to a rate no greater than that which would have otherwise occured under undeve- loped conditions. 26.49.070 - Relation to Existing Facilities - All drainage facilities set forth in the Master Plans 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 3: 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 4: 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 cir- culated 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 27th day of December 1979, by the City --Council of the City of Palm Desert, California, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, NOES: None ABSENT: None ABSTAIN: None ATTE�T: . � C SHEILA R. G IGAN, City/Clerk City of Palm Desert, Ca, fornia Wilson & Mullins EDWARD D. MULLINS, Mayor