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HomeMy WebLinkAboutORD 308ORDINANCE NO. 308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. WHEREAS, the City Council has adopted Ordinance No. 218 which provides for drainage fees by area as set forth in Section 11543.5 in the Business and Professions Code; and WHEREAS, the City Council has heretofor adopted the Master Plans of Drainage which stipulates the drainage fees should be reviewed and adjusted to reflect then current construction costs; and WHEREAS, the City Council has found that construction costs have increased since fees were set on the 27th day of December, 1979. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: That Section 26.49.050, establishment of off -site drainage fees, be amended as follows: 26.49.050 - Establishment of Off -site Drain a a Fees - There is hereby established an off -site drainage fee $71�00 3,200 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 $00 $3,600 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, southerly along Cook Street, and then easterly on Country Club Drive. There is hereby established an off -site drainage fee of M 7p0 $4,800 per acre for land in the drainage area bounded by the southerly boundary described above (for the $ZJ$00 $3,600 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 issuance 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. SECTION 2: 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 thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED on this 2� day of June , 1982, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: 14zFherson, Newbrander, P-Uugi, Snyder & Wilson NOES: None