Chapter 26.49 — DRAINAGE FACILITIES

The city boundaries of the city, including the adopted sphere of influence, are declared to be the drainage area and there is created a separate fund which shall be known as the "planned local drainage facilities fund." All moneys collected pursuant to this chapter shall be deposited in accordance with the laws of the state in the drainage fund. (Ord. 218 § 2, 1979)

No final map shall be approved unless all elements of the master plans of drainage within or contiguous to the 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 which contains a signed conclusion by such engineer as to the flood hazard to property and structures which a twenty-five year frequency storm will inflict for those drainage areas located south of the Whitewater Channel, or which a one hundred year 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. (Ord. 218 § 2, 1979)

The subdivider may be required to construct all elements of the master plans of drainage which lie in or are contiguous to the tract. The cost thereof will be deducted from the off-site drainage charges. Where the cost exceeds the required off-site drainage charges, a reimbursement for the excess may be provided for at the discretion of the city council. (Ord. 218 § 2, 1979)

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 storm frequency, other facilities shall be provided. (Ord. 218 § 2, 1979)

• A. There is established an off-site drainage fee of four thousand dollars per acre for land in the areas of the city designated as Zone 1, one thousand five hundred dollars in Zone 2, by the city's master drainage plan, which is incorporated herein by this reference. There also is established an off-site drainage fee of one thousand dollars per acre for land in the areas of the city designated as Zone 3, by the city's master drainage plan.

• B. The amount of fee shall be calculated on full and partial acres, carried to the nearest one

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City of Palm Desert, CA § 26.49.050

PALM DESERT CODE

§ 26.49.070

hundredth 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).

• C. 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 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, to accept any other proper and valid consideration as may be determined by the city.

• D. 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 or a case-by-case basis where a need for such additional or reduced fee is demonstrated as required by Government Code Section 66001.

• (Ord. 218 § 2, 1979; Ord. 308 § 1, 1982; Ord. 507 § 1, 1987; Ord. 653 § 2, 1992)

Developments or redevelopments of one gross acre or more in size shall be designed to retain the stormwater from a one hundred year, twenty-four hour, duration storm on site. (Ord. 218 § 2, 1979; Ord. 1247 § 3, 2012)

All drainage facilities set forth in the master plans of drainage for the city 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. (Ord. 218 § 2, 1979)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.52.010

§ 26.52.010