HomeMy WebLinkAbout19178 - RESOLUTIONS - 1/7/1998 RESOLUTION NO. 19178
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING ADOPTION OF
THE RULES AND REGULATIONS FOR
ADMINISTRATION OF AREA DRAINAGE PLANS
AND CLARIFICATION OF THE CITY ,
DETENTION/RETENTION POLICY
WHEREAS the City Council, at its meeting of December 11, 1967 adopted Resolution No.
9107 adopting the Master Plan for Flood Control and Drainage for the City of Palms
Springs, and
WHEREAS the original agreement with Riverside County Flood Control and Water
Conservation District (RCFC) required adoption of the "Rules and Regulations for
Administration of Area Drainage Plans" which set the criteria for payment of fees and
manner in which credit could be applied; and
WHEREAS the Planning Commission appointed a subcommittee to address the problem of
additional water runoff. The subcommittee reported that a blanket city-wide policy of
stormwater retention was unwise and unnecessary, that the: Master Plan of Drainage be;
implemented, that RCFC be contacted to help solve problem drainage areas in town, and[
that development in identified problem areas be required to resolve excess drainage flows
resulting from site development including but not limited to retention, detention, stormdrain
improvement and other appropriate engineering solutions at the October 22, 1980 Planning;
Commission meeting; and
WHEREAS the City Council, at its meeting of March 18, 1981, adopted Resolution No.
13724 requiring the Director of Community Development to begin implementation of the:
Master Plan of Flood Control and Drainage imposing conditions on new development
approvals citywide requiring payment of drainage fees and/or construction of drainage;
facilities adjacent to the site per the approved Master Plan of Flood Control and Drainage;,
and
WHEREAS the City Council, at its meeting of March 18, 1981 and October 28, 1981;,
adopted Resolution Nos. 13725 and 14017 respectively amraiding the Comprehensive Fee:
Schedule adding the Vista Chino, Central, South and East sub-drainage: areas; drainage:
fees, based on complete buildout of the City per the Generall Plan; drainage area limits for
the Master Plan of Drainage; and the criteria for credit toward drainage fees; and
WHEREAS the City Council, at its meeting of December 16, 1981, adopted Resolution
No. t4082 amending the basis for applying drainage fees to existing parcels of property
throughout the City and rescinded certain sections of Resolution 14017; and
WHEREAS the California State Legislature, in July 1979, authorized RCFC to levy an '
assessment on each parcel of property within the District and RCFC adopted Ordinance No..
F 82-14 in June 1982 establishing the Zone 6 Benefit Assessment District to supplement
other available revenues to provide for construction of flood control projects in accordance
with the Master Plan of Drainage and respond to emergen6es caused by natural disasters;
and
R19178
Rules & Regulations/Drainage
January 7, 1998
Page 2
WHEREAS the Right-of-Way Task Force report dated April 25, 1984 found that nuisance
water problems Citywide will be resolved when the drainage system is completed and
reduction of nuisance water through other options is necessary; and
WHEREAS the City Council, at its meeting of .Tune 6, 1984, adopted Resolution No.
15067 approving the Revised Master Plan of Drainage as prepared by RCFC; and
WHEREAS the City Council, at its meeting of August 15, 1984, adopted Resolution No.
15189 amending the drainage acreage fees to reflect the cost of construction of the drainage
system based on the Revised Master Plan of Drainage; and
WHEREAS the Planning Commission has approved a more flexible policy for on-site
retention based on hydrologic and hydraulic analysis of downstream drainage capacity at its
meeting of November 26, 1997 via Resolution No. 4561 and recommends adoption of this
resolution by City Council;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
as follows:
SECTION 1. That new development be required to submit hydrologic/hydraulic studies to
the City Engineer. If said study(ies) show downstream capacity does not
exist, as determined by the City Engineer, then on-site retention and/or the
construction of adequate downstream facilities shall be required.
I' SECTION 2. That Resolution 18581 is hereby amended to reflect the following additional
footnotes under Transportation-Engineering fees:
Footnote 7 is amended to read:
7 Drainage fees shall apply to all existing vacant properties which are
not part of an existing subdivision or that are legal lots of record having
been part of a subdivision recorded prior to the effective date of Resolution
No. t4082. Drainage fees shall be required for all developed properties a)
when an addition of impervious surface exceeds 50% of the existing
impervious surface and b) the drainage fee for the property was not paid
previously. The drainage fee shall be paid prior to issuance of the Building
Permit.
Footnote 8 is amended to read:
8 If it is found, upon review and revision of the Master Plan of
Drainage, that the plan can be implemented at lesser cost than that shown on
die current Master Plan of Drainage, the base fee will be lowered, and the
difference between the costs paid and such lowered cost will be refunded to
those developers who paid the higher cost. °R 17XV '°°192'
That credit toward drainage fees, but not exceeding the drainage fee
owed, shall be given for costs (validated by the City) incurred by the
developer associated with on-site and/or offske ten year retention or other
measures to reduce the impact of surface drainage from development if the
City requires on-site retention. 11,1."X,2 '°°'92'
R19178
Rules & Regulations/Drainage
January 7, 1998
Page 3
Where the developer elects to construct drainage improvements, as '
shown in the Master Plan of Drainage, an estimated construction cost credit
shall be given towards the drainage fee otherwise due. The estimated
construction cost credit (including contingencies and engineering) shall be
that shown on the Master Plan of Drainage and shall be adjusted by the City
Engineer using the edition of the Engineering News Record - 20-City
Construction Cost Index current at time of recordation of subdivision. In the
event such costs exceed the fee otherwise due, the provisions in Section IV
of the City of Palm Springs Rules & Regulations for Administration of Area
Drainage Plans shall apply."" I" 'nnm)
SECTION3. That the "Rules and Regulations for Administration or Area Drainage
Plans" which set the criteria for payment of fees and manner in which credit could be
applied, as amended by the Riverside County Board of Supervisors on February 16, 1988
via Resolution No. 88-50, and as amended to comply with City of Palm Springs municipal
code, ordinances, resolutions, and policies be adopted by City Council.
ADOPTED this7th day of January, 1998.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None ,
ATTEST: C TY OF PALMS I CALIFORNIA
� iLy Clerlc ity Manager
REVIEWED & ADOPTED AS TO FORM:
1