Chapter 3.38
DRAINAGE FEE REQUIREMENTS
Sections:
3.38.020 Residential drainage fees required.
3.38.030 Nonresidential drainage fees required.
3.38.040 Drainage fees – Exemptions – Reduction – Deferral.
3.38.010 Finding and intent.
(A) The City Council finds that flooding problems within the City are caused by relatively flat terrain, the absence of well defined natural channels for drainage, and the lack of a developed flood control system. New development will exacerbate this flooding problem by increasing the runoff from currently undeveloped land. In order to mitigate the flooding problem caused by current development, and to prevent future development from creating additional flooding problems, the City must construct regional and local drainage facilities.
(B) It is the intent of the City to require every person who develops land to mitigate the impacts of that development on the City’s drainage facilities. The City will therefore require developers to construct drainage facilities in accordance with the Palmdale Master Drainage Plan per the City of Palmdale General Plan or pay drainage fees that will be used to construct drainage facilities pursuant to the Master Drainage Plan.
(C) The amount of the drainage fees collected pursuant to this chapter shall be limited to the cost of drainage facilities attributable to new development. The amount of drainage fees collected shall not include the cost of drainage facilities attributable to the need for drainage created by existing development. (Ord. 1614 § 4 (Exh. I), 2023; Ord. 795 § 2, 1989)
3.38.020 Residential drainage fees required.
Except as provided in PMC 3.38.040, the required drainage fees for a residential dwelling unit must be paid, in the amount established by resolution of the City Council, when the City inspects the completion of rough grading. (Ord. 1143 § 3, 1999; Ord. 814 § 1, 1989; Ord. 795 § 2, 1989)
3.38.030 Nonresidential drainage fees required.
Except as provided in PMC 3.38.040, the required drainage fees for a nonresidential development must be paid, in the amount established by resolution of the City Council, when the City inspects the completion of rough grading. (Ord. 1143 § 4, 1999; Ord. U-980 § 2, 1992; Ord. 795 § 2, 1989)
3.38.040 Drainage fees – Exemptions – Reduction – Deferral.
(A) A developer shall be exempted from the drainage fee requirements of PMC 3.38.020 and 3.38.030 if the developer enters into a development agreement with the City pursuant to which drainage fees are assessed to the developer, or drainage improvements are implemented by the developer.
(B) The City Manager may grant an exemption of the drainage fee required by PMC 3.38.020 and 3.38.030 if the City Manager makes the following findings: (1) that a development will generate extraordinary economic benefit upon the City, and (2) the initial revenue loss to the City, if any, will be recouped over a reasonable period of time through increased revenues to the City. Factors which the City Manager may consider include whether the proposed development will provide job creation, sales tax, property tax, or redevelopment tax-increment revenues to the City and/or the Community Redevelopment Agency of the City of Palmdale either individually or as part of a larger multiparty development plan; if the proposed development will provide a much needed service to the local community or economy, or encourage the development of businesses or suppliers ancillary to preexisting businesses in the City; or development at the proposed site has been hampered by such impediments as the burden of liens, including assessment, community facility district or County tax liens.
(C) A developer shall be entitled to a reduction in the amount of the drainage fee required by PMC 3.38.020 and 3.38.030 if the developer constructs drainage facilities pursuant to the master drainage plan. The drainage fee shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the City in building those same drainage facilities. The amount of such reduction shall be subject to the approval of the City Engineer prior to construction.
If a developer constructs drainage facilities pursuant to the master drainage plan, and if the City’s engineering and construction costs to install those same improvements would have exceeded the drainage fee assessed to that developer pursuant to PMC 3.38.020 and 3.38.030, then nothing in this section shall prevent the City from entering into a reimbursement agreement with that developer, subject to availability of funds.
(D) Notwithstanding subsection (B) of this section, a developer shall be entitled to a reduction in the amount of the drainage fee required by PMC 3.38.020 and 3.38.030 if the development is located in an assessment district that has been formed to construct facilities pursuant to the master drainage plan. The drainage fee shall be reduced by the amount of the total assessment placed upon the development for engineering and construction costs of drainage facilities. The amount of such reduction shall not exceed the amount of the drainage fee required by PMC 3.38.020 and 3.38.030.
(E) The City Manager may grant a reduction in the amount of the drainage fee required by PMC 3.38.020 and 3.38.030 if the City Manager determines that a development will contribute extraordinary sales tax revenue to the City and thereby confer extraordinary financial benefit upon the City.
(F) The City Manager may authorize the deferred payment of the nonresidential drainage fees required by PMC 3.38.030 if the City Manager determines that a development complies with all requirements for such deferred payment that are set forth in Chapter 3.43 PMC. (Ord. 1276 § 1, 2006; Ord. 1187 § 1, 2001; Ord. 1013 § 2, 1993; Ord. U-980 § 3, 1992; Ord. 795 § 2, 1989)
3.38.050 Fee adjustment.
(A) Any developer subject to the drainage fees required by this chapter may apply to the Director of Public Works for a reduction in those fees based upon the demonstrable absence of a reasonable relationship between the impact of that development on the City’s drainage facilities and either the amount of the drainage fees charged or the type of facilities to be constructed. The application shall be made in writing and filed with the Director of Public Works not later than the time at which the development is conditionally approved by the City. If site plan review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction.
(B) Failure to file a timely application for reduction deprives the Director of Public Works of jurisdiction to consider the application.
(C) The Director shall make a decision on the application for reduction within 30 calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant, postage paid. (Ord. U-980 § 4, 1992; Ord. 795 § 2, 1989)
3.38.060 Use of funds.
All drainage fees paid and collected pursuant to this chapter shall be placed in one or more funds and used solely for the purpose of constructing drainage facilities pursuant to the master drainage plan; provided, however, that if the City Engineer authorizes minor alterations to such plan, including the regional facility priority list contained therein, those alterations shall not affect the ability of the City to use drainage fees collected pursuant to this chapter for the purpose of constructing drainage facilities in accordance with the master drainage plan as altered or amended. (Ord. 795 § 2, 1989)