HomeMy WebLinkAboutORD 653�I
ORDINANCE NO. 653
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, Section 26.49.050 of the Palm Desert Municipal Code provides for
drainage fees by area, as authorized by Section 66483 of the Government Code; and
WHEREAS, changes in construction costs have occurred since drainage fees
were last adjusted by the City Council on the 9th day of July, 1987; and
WHEREAS, notice of the public hearing at which this ordinance is considered
has been given accordance with Government Code Section 66016(a).
NOW THEREFORE, the City Council of the City of Palm Desert, California,
DOES ORDAIN as follows:
SECTION 1: The City Council finds and determines as follows:
a. The amount of the drainage fees adopted pursuant to this ordinance
does not exceed the estimated cost of providing the services for which
the fees are imposed.
b. The subdivision and development of property within the City's
drainage areas will require construction of the facilities described in
the City's master drainage plan.
C. The fees recommended by the master drainage plan, which was adopted
by the City Council on the 23rd day of January, 1991, are fairly
apportioned within the City's drainage areas both on the basis of
benefits conferred on property proposed for subdivision and on the
need for such facilities created by the proposed subdivision and
development of other property within such areas.
d. The City Council makes these findings based on the estimated cost of
constructing- the facilities for which such drainage fees are imposed
and that, in accordance with Government Code Section 66016(a), this
data has been on file for at least 10 days prior to the public hearing
at which this ordinance is considered.
SECTION 2: That Section 26.49.050 of the Palm Desert Municipal Code be
amended to provide as follows:
"26.49.050 Establishment of Off -site Drainage Fees. There is hereby
established on off -site drainage fee of four thousand dollars ($4,000) per
acre for land in the areas of the City designated as Zone 1, one thousand
five hundred dollars ($1,500), in Zone 2 by the City's master drainage plan,
which is incorporated herein by this reference.
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There also is established an off -site drainage fee of one thousand dollars
($1,000) per acre for land in the areas of the City designated as Zone 3, and
by the City's master drainage plan. 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 this code). Said fees shall be collected, deposited, and expended pursuant
to Section 66483 of the Government 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
or subdivided land. The City shall have the right, in lieu of accepting cash,
to accept any other proper and valid consideration as may be determined by
the City." Fees imposed pursuant to this section are the amounts necessary
for the purposes set forth in the City's master drainage plan. The City may
impose additional or reduced fees on a case -by -case basis where a need for
such additional or reduced fee is demonstrated as required by Government
Code Section 66001.
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 fees imposed by this ordinance shall become effective
sixty (60) days after its adoption.
PASSED, APPROVED, and ADOPTED on the 25th day of June , 1992,
by the City Council of the City of Palm Desert, California, by the following vote,
to wit:
AYES: BENSON, CRITES, SNYDER, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: WILSON
ATTEST:
SHEILA R. GIrLIGAN, City 010k
City of Palm Desert, Callfartiia
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RICHARD S. KELLY, Mayor
City of Palm Desert, Californi