HomeMy WebLinkAbout8/13/2003 - STAFF REPORTS (4) ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES
WHEREAS, Government Code Sections 66000 and 66477 authorizes the City of Palm
Springs ("City") to require the dedication of land or to impose a requirement of the payment of
fees in lieu thereof, or a combination of both (collectively "Park Fees"), for park or recreational
purposes as a condition to the approval of a tentative map or parcel map or as a condition in the
design review process for a residential development which does not require a subdivision; and
WHEREAS, the City of Palm Springs does not presently levy Park Fees; and
WHEREAS, the collection of Park Fees would greatly benefit the City's citizens by
ensuring the expansion of park and recreational facilities within the City in proportion to new
development within the City; and
WHEREAS, over the last several years, the City has experienced a significant increase
in applications for residential development; and
WHEREAS, due to various fiscal constraints, the City is currently unable to exact fees,
compel dedication, expend it own funds or otherwise ensure the preservation of park and
recreational space such that the City is experiencing a general shortage of new park and
recreational space in comparison to surrounding communities, particularly in the developing
areas of the City; and
WHEREAS, the City is precluded from collecting Park Fees until an ordinance has been
enacted and such ordinance has been in effect for thirty days; and
WHEREAS, the City's General Plan contains policies and standards for parks and
recreational facilities to be acquired and the Park Fees will be in accordance with the General
Plan's principles and standards; and
WHEREAS, the creation of a governmental funding mechanism which does not involve
any commitment to any specific project is not a "project" pursuant to the terms of the California
Environmental Quality Act ("CEQA"), such that the adoption of this fee is not a "project" under
CEQA and a Notice of Exemption has been prepared and will be distributed for public review
and comment in accordance with CEQA.
NOW THEREFORE, it is found, determined and resolved by the City Council of the City
of Palm Springs as follows:
Section 1. All of the facts set forth in the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. The "Program for Dedication and Improvement of Park and Recreation
Areas or Payment of In Lieu Fees," as set forth below, is hereby adopted. w
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I. AUTHORITY, PURPOSE AND SCOPE
A. Authority and Purpose. This ordinance is enacted pursuant to the
authority granted by Sections 66000 and 66477 of the Government Code of the State of
California and shall be interpreted to be consistent with the provisions thereof. The park
and recreational facilities for which dedication of land and/or payment of a fee are
required by the terms of this section shall be provided and located in accordance with
the standards, specifications and requirements of the General Plan of the City, any
specific plan adopted pursuant thereto, this ordinance and any other adopted resolution,
policy or standard of the City.
B. Conflict with Other Laws. This ordinance shall be interpreted, insofar as
possible, to be consistent with other ordinances or regulations of the City. In the event
of conflict, this ordinance supersedes all other ordinances or regulations of the City.
C. Exemptions. The provisions of this ordinance shall not apply to the
following:
1. Commercial or industrial development;
2. Condominium or stock cooperative projects which consist of the
subdivision of airspace in an existing apartment building which is more than five
years old when no new dwelling units are added;
3. Proposed development for which entitlements, including building
permits and architectural permits, have already been obtained; or
4. A proposed development for which a tentative map has already
been submitted; or
5. Subdivisions containing less than five parcels and not used for
residential purposes, except that a condition may be placed on the approval of a
parcel map that if a building permit is requested for construction of a residential
structure or structures on one or more of the parcels, the fee may be required to
be paid by the owner of each parcel as a condition of the issuance of the permit.
6. Development of affordable housing projects may be exempted for
that percentage of the development which is restricted to Affordable Units.
Il. DEFINITIONS— PARK AND RECREATION, DEDICATION AND FEES
Words and phrases used herein shall have the following meaning:
A. Affordable Housing/Affordable Units: Shall be defined pursuant to State
and federal law. The City may adopt additional standards only if such standards are
applicable through the community.
B. Dwelling Unit: Shall mean a building or mobilehome designed for
residential occupancy. For purposes of this ordinance, the number of Dwelling Units
created by a land division shall be as follows: One Dwelling Unit per lot created in a
single-family residential zone, one dwelling per unit approved in a multifamily residential
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zone is unknown; the maximum number of Dwelling Units allowed under that zone. For
a condominium project or apartment, the number of Dwelling Units created shall be the
number of units approved.
C. Fair Market Value: Shall mean the value ascribed to land dedicated by
the developer for park and recreation purposes, and shall generally be (1) the value of
the land being subdivided based upon the current assessed value, modified to equal
market value in accordance with the current practice of the county assessor, or at the
option of City, (2) based upon an appraisal by a licensed and qualified appraiser
selected by City after consultation with developer. In the event an appraiser is utilized,
all costs of said appraisal shall be paid or a deposit made therefore by the subdivider
prior to the recordation of any final map or the issuance of any building permit. An
appraiser selected pursuant to this ordinance shall find the fair market value of land to
be equal to the amount of cash or its equivalent that such land would bring if exposed for
sale in the open market under conditions in which neither buyer nor seller could take
advantage of the exigencies of the other, and both the buyer and the seller have
knowledge of all of the uses and purposes to which the land is adapted and for which it
is capable of being used, and of the enforceable restrictions upon those uses and
purposes. The fair market value shall be determined before the final map or parcel map
of a development is filed. With regards to any park and recreation improvements or
equipment provided by the developer, the fair market value shall be the actual cost to
the developer to acquire, construct, and install the improvement or equipment. It shall
be the responsibility of the developer to keep proper records to demonstrate the cost of
all improvements and equipment and to segregate such costs from all other
development costs. Developer shall not allocate profit to such construction.
D. Park: Shall mean a parcel or contiguous parcels of land owned, operated
and maintained by a public agency or private association and which provides
recreational land and facilities for the benefit and enjoyment of the residents of the
development and of persons residing, working or visiting in the City. Parks may be
classified as community parks, including community centers, pavilions, auditoriums,
athletic facilities, large multiuse swimming pools, equestrian centers, bike and trail
systems, picnic areas, water courses, museums, libraries, historic and cultural centers or
similar facilities; public neighborhood parks, including playground equipment, sports
fields, and picnic areas; and private neighborhood parks, generally intended to serve
only the immediate development or specified planned community in which they are
located. Parks may also include desert, canyon and mountain open space areas or
landscaped areas suitable for active or passive uses.
E. Park and Recreational Facilities: Shall mean any public improvements
deemed necessary by the City to develop, improve or rehabilitate land and facilities for
park and recreational purposes. Such improvements may include, but are not limited to,
grading; landscaped areas for active and passive recreational use, open space and
sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for
recreational community gardening; walkways; bicycle and trail facilities; lighting;
playground or other recreational equipment; picnic facilities; equestrian centers,
swimming pools; volleyball, basketball, tennis, racquetball and other courts; a skate
park; historic structure; vehicle driveways and parking areas and any other facilities
which may hereafter be authorized by state law or approved by the City.
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F. Private Open Space: Shall mean privately owned land and facilities for
park and recreation purposes provided within a development and perpetually maintained
and operated by the future residents or owner of the development, which land and
facilities may be credited against the dedication and payment requirements established
in this ordinance, at the option of the City, when the following criteria are met:
1. That the proposed private park land be reasonably adaptable for
use for park and recreational purposes, taking into consideration such factors as
size, shape, topography, geology, access and location of the private park land;
2. That the following areas or development design features shall not
be eligible for private park credit: golf courses, yards, court areas, setbacks,
development edges, slopes, hillside areas, unless the area includes a public trail,
landscaped development entries, meandering streams, land held as open space
for wildlife habitat, flood retention facilities and circulation improvements such as
bicycle, hiking and equestrian trails unless such systems are directly linked to the
City's community-wide system and shown on the City's master plan;
3. That the location of the land provides convenient access to the
residents;
4. That the property be under common private ownership and that
perpetual private ownership and maintenance of the land is adequately provided
for by a recorded written agreement to which the City is a party with the right to
enforce the restrictions;
5. That the use of the private park land is perpetually restricted for
park and recreational purposes which cannot be defeated or eliminated without
the consent of the City Council and in no event without providing equivalent park
and recreational space elsewhere in the development; and
The yards, court areas, setbacks and other open areas required to be
maintained shall not be included in the computation of the private open spaces.
Facilities for which credit is given shall not exceed that which is needed
by the development being served unless it is easily available to the general
public, in which case credit shall be limited to identify park deficiencies for the
general public.
III. DEDICATION OF LAND OR FEE AS A CONDITION TO APPROVAL OF FINAL
MAP OR PROJECT
As a condition of approval of a tentative or final tract map or parcel map for a
residential subdivision, or a new multiple family residential project, the subdivider shall
be required to dedicate land, pay a fee in lieu thereof or both, at the option of the City, in
an amount determined pursuant to this ordinance, for park or recreational purposes,
unless the subdivider is exempted from this requirement by the express provisions of
this ordinance. The dedication of land and/or payment of a fee shall be at the time and
according to the standards and formula contained in this ordinance.
11 Ad
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As a condition of approval imposed .during the entitlement process for an
application made in connection with the construction of new residential development
which does not require a subdivision, such as an apartment building or planned
development, the applicant shall be-required to pay a fee in an amount determined
pursuant to this ordinance, for park or recreational purposes, unless the developer is
exempted from this requirement by the express provisions of this ordinance. The
payment of a fee shall be at the time and according to the standards and formula
contained in this ordinance.
IV. STANDARDS FOR DETERMINING DEDICATION
A. General. If a park dedication is required under the terms of this
ordinance, the park area required shall be determined in accordance with the standards
provided in this Section. Further, the amount and location of land to be dedicated and/or
fees to be paid shall bear a reasonable relationship to the use of the park and
recreational facilities by the future inhabitants of the development.
B. Standard of Park Area to Population. It is found and determined that the
public interest, convenience, health, safety and welfare of the residents of the City
require that the City maintain the level of its existing park stock at a ratio of five (5) acres
of property for every one thousand (1,000) persons projected t0 inhabit the development
be devoted to local and community park and recreational purposes, and that such park
area is necessary to provide for the needs of the current and future persons residing and
working in the City. Said ratio of"5 acres per thousand populations" is hereafter referred
to as the park area standard.
C. Dwelling Unit Occupancy Factor. Based upon the latest available census
data, the dwelling unit occupancy factors shall be 2.05.
This figure may be revised from time to time by resolution of the City Council.
D. Computation of Area of Park to be Dedicated. The dedication of park
land required for any development shall be determined by multiplying the number of
dwelling units in the development for each housing type by the occupancy factor for
each housing type by .005 (i.e., the ratio of the park area standard of five (5) acres to
one thousand population). This is represented as follows:
(#dwelling units) (occupancy factor) (0.005) =Area of park to be dedicated
E. Costs of Acquisition and Development of Land. Recent park
development analysis indicates an acquisition and development cost of two hundred fifty
thousand dollars ($250,000) per acre for park and recreation facilities. This cost applies
to ninety-six (96) acres of new parkland for a total cost of twenty-four million dollars
($24,000,000). The recommended and approved cost recovery level of new residential
projects for park and recreation facilities improvements is seventy-five percent (75%) or
eighteen million dollars ($18,000,000).
qn_57000
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V. FEES IN LIEU OF DEDICATION
The developer, at the sole discretion of the City, may be required to pay to the
City a fee in lieu of making the dedication computed pursuant to Section IV. The in-lieu
fee shall be computed by multiplying the area of park to be dedicated by the Fair Market
Value of the land being developed plus the cost to acquire and improve the property plus
the fair share contributions, less any credit given by the City, as may be reasonably
determined by the City, based upon the formulas contained in this ordinance, as they
may be amended from time to time by City Council.
VI. DETERMINATION OF DEDICATION, FEES OR COMBINATION
A. Dedication Generally Required. Where a park or recreational facility has
been designated in the General Plan of the City or other adopted resolution policy.or
standard of the City, and is to be located in whole or in part within the proposed
development to serve the immediate and future needs of the residents of the
development and other members of the public, the developer shall dedicate land for a
park and provide recreational facilities thereon as provided in this ordinance unless the
City determines that dedication is not desirable as provided in this ordinance. Land
dedicated to the City shall be conveyed in fee simple to the City free and clear of all
encumbrances except those which will not interfere with the use of the property for its
intended purposes and which the City agrees to accept. No deed for dedication of land
shall be accepted unless it is accompanied by a policy of title insurance, secured by the
subdivider, in an amount equal to the value of the land dedicated.
B. Dedication Requirements. Whenever land will be dedicated, the following
provisions shall apply:
(1) Whenever land is dedicated, the developer shall, in the City's
discretion, with full credit, provide the following for the benefit of the land
dedicated:
(a) Full street improvements and utility connections including,
but not limited to, curbs, gutters, relocation of existing public utility
facilities, street paving, traffic control devices, street trees, and sidewalks
to the dedicated land;
(b) Fencing along the property lines of the development which
are contiguous to the park;
(c) Improve the drainage through the park site;
(d) Provide minimal physical improvements, not including
recreational facilities, building, or equipment, which the City determines
are necessary for acceptance of the land for park- and recreational
purposes;
(e) Provide access from the park and recreational facilities to
an existing or proposed public street, unless the City determines that
such access is unnecessary for maintenance of the park areas or use of
the park by the residents of the area;
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(f) Water, sewer, grading and drainage improvements in
addition to those grading, drainage, irrigation and planting improvements
required under other City ordinances. All land to be dedicated and
improvements to be made should be approved by the City prior to the
approval or disapproval of a development;
(g) All grading plans for land to be dedicated shall be reviewed
and approved by the City for conformance with the City's general plan
and any other parks and recreation plans and the needs of the City;
(h) No grading, drainage, irrigation, planting, street or utility
improvements required under this section shall be eligible for a credit
against the land to be dedicated or fees paid under the provisions of this
section.
C. In-Lieu Fees. Where no park or recreational facility, other than excluded
private park features such as those specified in Section II(F)(2), located in whole or in
part within the proposed development is designated in the General Plan of the City or
other adopted resolution policy or standard of the City, the developer shall, in lieu of
dedicating land, pay a fee computed in accordance with this ordinance to be used for
park and recreational purposes to serve the residents of the area being subdivided and
other members of the public.
D. Combination of Land and Fees. The City may accept a combination of
land and fees, with the respective amounts to be determined in the sole discretion of
City, as long as the aggregate Fair Market Value plus in-lieu fees does not exceed the
limits established in this ordinance. If the developer provides park and recreation
improvements to the dedicated land, the value of the improvements together with any
equipment located thereon shall be a credit against the payment of fees and/or
dedication required by this ordinance.
E. Determination of Land or Fee. Whether the City accepts land dedication
or elects to require payment of a fee in lieu thereof, or a combination of both, shall, in the
City's sole discretion, be determined by consideration of the following:
1. The provisions of the City's General Plan, any specific plan
adopted thereto, and any other adopted resolution, policy or regulation of the
City;
2. Topography, geology, access and location of land in the
development available for dedication;
3. Size and shape of the development and land available for
dedication;
4. The feasibility of dedication;
5. Access and location of other park sites to development; and
6. Need of other accessible park sites for development, improvement
and rehabilitation.
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The City has broad discretion in the application of these standards. For example,
the City has no obligation to accept hillside and slope areas not adaptable for developed
parks and fields, nor must the City accept private park areas which are only adaptable
for private use and whose proximity to other neighborhood parks exceed the City's
standards. Accordingly, the determination of the City as to whether land shall be
dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and
conclusive.
F. In-Lieu Fees for Subdivisions of Fifty Parcels or Less. If the development
contains fifty (50) parcels or less, only the payment of in-lieu fees may be required,
except that one (1) lot subdivisions such as condominiums, stock cooperative or
community apartment projects may be required to dedicate land if they have more than
fifty (50) Dwelling Units.
VI I. DEVELOPER CREDITS
A. Public Parks. The developer shall receive a credit against the park
dedication requirement for the Fair Market Value of any land dedicated for park
purposes and for the value of any park and recreation improvements provided by
developer in conjunction with any public park which meets the requirements of this
ordinance. The value of such improvements shall be determined by City based upon
Fair Market Value.
B. Private Park. In conjunction with any planned development, real estate
development, stock cooperative, community apartment or condominium, as defined by
state law, if the developer provides private open space, then the developer may receive
a credit equal to the Fair Market Value of the private open space against the park
dedication requirement of this ordinance, but such credit shall not exceed one-third of
such park dedication requirement. The actual amount of such credit shall be determined
by the City based upon the comparability of the private open space to public park area
and the adequacy of such private open space to serve the needs of the development for
active recreational uses.
C. Application of Credits. The credits provided in this ordinance shall be
applied to reduce the developer's obligation to dedicate and/or pay an in-lieu fee as
required under this ordinance, but only to the extent of such credit. To receive a credit
hereunder, the land or park and recreation improvements must meet the requirements of
this ordinance, and, pursuant to Section VI, the determination of acceptance and
establishment of fee or credit by the City shall be final.
VIII. DISPOSITION OF LAND OR FEES
The amount and location of land to be dedicated or the fees to be paid shall bear
a reasonable relationship to the use of the park and recreational facilities by the future
inhabitants of the development. In accordance with Government Code Section 66000
and 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid
may be for both neighborhood and community parks. Such fees may be also used to
improve or rehabilitate existing parks. Such fees may be used to purchase land,
construct a venue, or rehabilitate a venue where a variety of cultural activities could take
place. Fees paid by a developer pursuant to this ordinance may be spent to develop,
improve and rehabilitate community and neighborhood parks even though such parks
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may be used by nonresidents of the development, so long as the benefit of the park and
recreational facilities to residents of the development is reasonable in relation to the
location of the park and amount of the fees.
IX. RESERVATIONS
As a condition of approval, the developer may be required to reserve real
property to be used for park, recreational facilities, fire stations, libraries or other public
uses pursuant to Government Code Sections 66479 and 66480, as amended.
As a condition of approval, a developer may be required to dedicate real property
for the construction of an elementary school to assure the residents of the subdivision
adequate public school service. The dedication and subsequent repayment to the
developer shall comply with the provisions of Government Code Section 66478.
X. TIME OF DEDICATION OR PAYMENT OF FEES
At the sole discretion of the City, all park fees shall be paid directly to the City
cashier at the time of the payment of fees for building permits pursuant to a development
agreement.
XI. ACCOUNTING FOR EXPENDITURE OF FEES
A. Placement of Fees in Separate City Account. The Finance Director shall
receive all fees paid and place them in a separate Park and Recreation Fund. The
Finance Director shall keep account of all funds received, their source, all expenditures
there from and the purpose of all expenditures. The Finance Director shall prepare an
annual report thereon pursuant to Government Code 66006, and shall periodically
prepare a public report stating: (1) the type of fee in the account, (2) the amount of the
fee, (3) the beginning and ending balance of the account or fund, (4) the amount of the
fees collected and the interest earned, (5) information relating to the public
improvements on which the fees were expended, (6) the approximate date by which the
construction of the improvement will commence if sufficient funds have been collected,
(7) a description of interfund transfers or loans and (8) the amount of any refunds.
The City Council shall review said report at the next regularly scheduled public
meeting not less than fifteen (15) days after the report is made available to the public.
B. Developer's Development Schedule. The development of public park and
recreational facilities requires considerable time for developing a concept plan, public
review and approval, project design, preparation of specifications, public bidding,
contract award and construction. To coordinate this process with the development
project, if developer desires the public project to be coordinated with the development
project, developer shall provide the City with a detailed plan for issuance of building
permits and construction of units (the "development phasing plan") concurrent with
submission of the tentative map, and shall update such plan to keep current.
C. Developer's Park Improvement Schedule. In the event that the developer
improves or develops parks for public or private ownership, developer shall prepare a
schedule specifying when, how and where he will develop the park or recreational
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facilities to serve the residents of the development. This schedule will be required as a
condition of subdivision map approval and must be approved by the City.
D. City's Schedule. The Director of Parks Facilities shall prepare and
maintain a schedule specifying how, when and where the land or fees, or both, which
were dedicated to the City to develop park or recreational facilities will be used. Any
fees collected under this ordinance shall be committed within five years after the
payment of such fees or, provided developer has provided City with its development
phasing plan, the issuance of building permits on one-half of the lots created by the
development, whichever occurs later.
XII. PROCEDURE
A. Approval of Subdivision Map. Unless otherwise expressly provided in this
ordinance, any decision or action required by City pursuant to this ordinance shall be
made after the duly noticed public hearing at the time of approval of the tentative tract
map or parcel map by the advisory body. Such decision or action shall be a condition of
approval of the subdivision map.
B. Entitlement Process. Unless otherwise expressly provided in this
ordinance, any decision or action required by the City pursuant to this ordinance with
respect to the construction of a new residential development which does not require a
subdivision shall be made as part of the entitlement process for said development. Such
decision or action shall be a condition of approval which is imposed as part of the
entitlement process.
C. Appeals. Any person may appeal a determination of the advisory body
made pursuant to this ordinance. Appeals shall be made as provided in the Palm
Springs Municipal Code.
Section 3. SEVERABILITY
It is the intention of the City Council that the sections, subsections, clauses and
phrases of this ordinance are severable, and of any portion of this ordinance is for any
reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity or the remainder of the ordinance, and the City
Council would have enacted such remainder without the portion found to be invalid or
unconstitutional.
Section 4. LEGAL CONSTRUCTION
The provisions of this ordinance shall be construed as necessary to effectively
carry out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety and convenience.
Section 5. CEQA
Adoption of this ordinance is not subject to CEQA by virtue of Public Resources
Code § 21080(b)(9) and CEQA Guideline 15378(b)(4), as the creation of a government
funding mechanism which does not involve any commitment to any specific project is not
a "project." ////�/�.
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Section 6. PUBLICATION
The City Clerk of the City of Palm Springs shall certify to the passage and
adoption of this ordinance, and shall cause the same to be posted and published in the
manner and the time required by law.
ADOPTED AND APPROVED this day of 2003.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By: By:
City Clerk Mayor
REVIEWED AND APPROVED AS TO FORM:
1003/005/23674 vll 11
No.6442,, ment or equipment.11 shall be the responsibility of ty-six(96)acres of new parkland for a total cost of development, real ,estate d
CIFY OF PALM SPRINGS the developer to keep proper records to demon- twenty-four million dollars ($,24,000,000). The tee- cooperative, community aparlr
ORDINANCE NO.1632 slrate the cost of all improvements and equipment ommended and approved cost recovery level of um,as defined by state law,it
AN ORDINANCE OF THE CITY COUNCIL OF THE and to segregate such costs flour all other devel- new residential projects for park and recreation vides private open space,then
CITY OF PALM SPRINGS,CALIFORNIA, opment costs.Developer shall not allocate profit to facilities improvements is seventy-five percent receive a credit equal to the h
ESTABLISHING PARK FEES such construction. (75%)or eighteen million dollars($18,000,000). the private open space against
requirement of this cour re,I
Wi1EREAS,Govemment Cade Sections 66000 and D.Park:Shall mean a parcel or contiguous parcels V.FEES IN LIEU OF DEDICATION not exceed'one-third of silk.
66477 authorizes the City of Palm Springs("City") of land owned,operated and maintained by a pub- requirement.The actual secure
to require the dedication of land of to impose a lic agency or private association and which pro- The developer; at the sole'discretion of fire City, be determined by the City Gas
-
requirement of the payment of fees in lieu thereof, vides recreational land and facilities for the benefit may be required to pay to the City a fee in lieu of lability a, the private open or
or a combination of both(collectively"Park Fees"), and enjoyment of the residents of the development making the dedication computed pursuant to area and me adequacy of such
for park or recreational put poses as a condition to and of persons residing,working or visiting in the Section IV The in-lieu fee shall be computed by to serve the needs of the dev
the approval of a tentative map or parcel map or as City.Parks may be classified as community parks, multiplying the area of park to be dedicated by the recreational uses.
a condition in the design review process for a rest- including commumty Centers, pavilions, audltod- Fair Market Value of the land being developed plus
dential development which does not require a sub- urns, athletic facilities, large multiuse swimming fire cost to acquire and improve the property plus C. Application of Credits. The
division;and / pools, equestrian centers, bike and trail systems, the fair share contributions,less any credit given by this ordinance shall be applied t
picruc areas, water courses, museums, libraries, the City,as may be reasonably determined by the oper's obligation to dedicate at
WHEREAS,the City of Palm Springs does not historic and cultural centers or similar facilities; City, based upon the formulas contained in this fee as required under this orame
presently levy Park Fees;and public neighborhood parks, including playground ordinance,as they may be amended from time to extent of such credit.To receive
equipment,sports fields,and picnic areas;and pri- time by City Council. the land or park and recreation I
WHEREAS, the collection of Pad: Fees would vate neighborhood parks, generally intended to meet the requrements of this o
greatly benefit the City's citizens by ensuring the serve only the immediate development or specified VI.DETERMINATION OF DEDICATION,FEES OR suant to Section VI,the detem
expansion of park and recreational facilities within planned community in which they are located. COMBINATION once and establishment of fee
the City in proportion to new development within Parks may also include desert, canyon and rnourt shall be final.
the City;and tain open space areas or landscaped areas suitable A.Dedication Generally Required.Where a pail[or
for active or passive uses, recreational facility has been designated in the Vill.DISPOSITION OF LAND OR
WHEREAS,over the last several years,the City has General Plan of the City or other adopted resolution
experienced a significant increase in applications E.Park and Recreational Facilities:Shall mean any policy or standard of the City,and is to be located The amount and location of land
for residential development;,and public improvements deemed necessary by the in whole or in part within the proposed develop- the fees to be paid shall bear
City to develop, improve or rehabilitate land and meat to serve the immediate and future needs of tionship to the use of the psi
WHEREAS, due,to various fiscal constraints, the facilities for park and recreational purposes.Such the residents of the development and other mom- facilities by the future inhabiter.
City is currently unable to exact fees,compel ded- improvements may include,but are not limited to, bers of the public, the developer shall dedicate more. In accordance with
ication, expendk(own funds or otherwise ensure grading, landscaped areas for active antl passive land for a park and provide recreational factr,ies Section 66000 and 66477,it is e
the preservation of park and recreational space recreational use,open space and sports fields;irri- thereon as provided in'this ordinance unless the edged that the land to be dedic
such that the City is experiencing a general short- gation and drainage systems; lawn, shrubs and City determines that dedication is not desirable as paid may be For both neighborhr
age of new park and recreational space in compar- trees;facilities for recreational community garden- provided in this ordinance.Land dedicated to the ty packs.Such fees may be also
Iran to surrounding communities,particularly in the ing; walkways; bicycle and trail facilities;lighting; City shall be conveyed in fee simple to the City free rehabilitate existing parks.Such
developing areas of the City;and playground or other recreational equipment;picnic and clear of all encumbrances except those which to purchase land,construct a vei
facilities;equestrian centers,swimming pools;vol- will not interfere with the use of the property for its a venue where a varfeny of cultu
WHEREAS, the City is precluded from collecting leyball, basketball, tennis, racquetball and otherintended purposes and which the City agrees to take place. Fees paid by a devk
Park Fees until an ordinance has been enacted and courts; a skate park; historic Stmcture; vehicle ,accept. No deed for dedication of land shall be this ordinance may be spent to
such ordinance has been in effect for thirty days; driveways and parking areas and any after'facili- 'accepted unless it is accompanied by a policy of and rehabilitate community a
and ties which may hereafter be authorized by state lam title insurance, secured by the subdivider, in an parks even though such parks
or approved by the City, amount equal to the value of the land dedicated nonresidents of the developmer
WHEREAS,the City's General Plan contains poll- benefit of the park and ecreaior
else and standards for parks and recreational facil- F.Private Open Space:Shall mean privately owned R.Dedication Requirements.Whenever land will be idems of gie development is res=
ities to be acquired and the Park Fees will be in land and facilities for pads and recreation purposes dedicated,the following provisions shall apply: to the location of the park and ar
accordance with the General Plan's principles and provided witbia a development and perpetually .
standards;and maintained and operated by dine future residents or (1)Whenever land is dedicated,the developer shall, IX.RESERVATIONS
owner of Jr.development,which land and facilities in the City's discretion,with full credit,provide the
WHEREAS,the creation of a governmental funding may be. credited against the dedication and pay- following for the benefit of the land dedicated: As a condition of approval,the
mechanism which does not involve any commit- ment restatements established in this ordinance,at required to reserve real proper[
moot t0 any specific project is not a"project"pur- the option of the City,when the following criteria (a)Full street improvements and utility connections park„recreational facilities,fire at
scant to the terms of the California Environmental are met: including,bill not limited to,curbs,gutters,reloca- other public uses pursuant to L
Quality Act("C>'OA"),such that the adoption of this tion of existing public utility facilities,street paving, Sections 66479 and 66480,as an
too is not a"piojeru"under CEQA and a Notice of 1.That the proposed private pad:land be reason- traffic control devices,street tress,and sidewa0s diiion of approval,a developer r
Exemption has been prepared and will be distrib- ably adaptable for use for park and recreational to the dedicated land; dedicate real property for the c
uteri for public review and comment in accordance purposes,taking into consideration such factors as elementary school to assure ih-
with CEQA. _ see,shape,topographr,geology,access and Iota- (b)Fencing along the property lines of the develop- subdivision adequate public set
tion of the private park land; rrrenl which are contiguous to the parK; dedication and subsoquem re
NOW THEREFORE, it is found, determined and 2.That the following areas or development design developer shall comply with If
resolved by the City Council of the City of Palm features shall not be eligible for private parkk cretin: (c)Improve the drainage through the park site; Government Code Section 66478.
Springs as follows: golf courses,yards, court areas,setbacks,Bevel-
' opment edges, slopes, hillside areas, unless the (d) Provide minimal physical improvements, not ft.TIME OF DEDICATION OR PAY
SeQOon I_All of die islets set forih.in the above area includes a public trail, landscaped develop- including recreational facilities,building,or equip-
rec ids are true antl career and are incorporated meat entries, meandering streams, land held as meet,which the City determines are necessary for At the sole discretion of the City,
herein by this refer ence. open space For wildlife It, flood retention feel]- acceptance of the land for park and recreational be paid directly to the City cashier
hies and cImUkti0n improvements such as bicycle, Purposes; payment of fees for building perm
Section 2. The "Program for Dedication and hiking and equestrian wells unless such systems development agreement.
Improvement of Park and Recreation Areas or are directly linked to the Ciiy's community-wide (a)Provide access from the park and recreational
Payment of In Lieu Fees," as set forth below, is system and shown an the City's master facilities to an existing or proposed public street, A.ACCOUNTING FOR EXPENDIT
hereby adopted. plan; unless the City determines that such access is
' unnecessary for maintenance of the park areas or A.Placement of Fees in Separate I
1.AUTHORITY,PURPOSE AND SCOPE 3.That the location of the land provides conven- use of the park by the residents of the area; Finance Director shall receive at
ient access to file residents; r place iho nn in a separate Park
A. Authority and Purpose.This ordinance is enact- (f) Water; sewer, grading and drainage improve- Fund.The Finance Director shall
ad pursuant to the auth0nty grantod by Sections 4. That ',he property be finder common private ments in addition to those grading,drainage,triga-, all funds received, their source,
66000 and 68477 of the Government Code of the ownership' and that perpetual private ownership Lion and planting improvements'required under there from and the purpose of ail e:
State of California and shall be interpreted to be and maintenance of die land is adequately p.ovid- other City ordinances.Ail land to be dedicated and Finance Director shall prepare a
consistent with the provisions thereof. The nark ad for by a recorded written agreement to which improvements to be made should be approved by thereon pursuant to Government C
and recreational facilities for which dedication of the City Is a party with the right to enforce the the,City prior to One approval or disapproval of a shall periodically prepare a public r
land and,/or payment of a fee are required by the restrictions; development; the type of fee in the account,(2)U
terms of this section shall be provided and located I fee, (3) the beginning and ending
in accordance with the standards, specifications 5.That tine use of the private park]and is particle- (g)All grading plans for land to be dedicated shall account or fund,(4)the amount a,-
and requirements of'the General Plan of the City, ally restricted for part(and recreational purposes be reviewed and approved by the City for cantor- ed and Elie interest earned,(5)laic
say specific plan adopted pursuant theater this which cannot be defeated or eliminated without mance with the City's general plan and any other to the public improvements on will,
ordinance and any other adopted resolution,policy the consent of the City Council and in no event parks and recreation plans and the needs of the e - -r. the- - -'
_.or ioendard-otma City. - - - —__ _ _ _.___— ...- a-
B.Conflict with Other Laws.This ordinance shall be (h)No grading,drainage,irrigation,planting,street hall OF interfund transleos or Io
Interpreted, insofar as possible, to be consistent The,yards, court areas, setbacks and other open! at utility improvements required udder this secuon amount of any refunds.
with other ordinances or regulations of the City.In areas required to be mainlainad shall not be includ- shall be eligible for a credit against the land to be
the event of conflict,this ordinance supersedes all red in the computation of the private open "dedicated or fees paid under the provisions of The City Council shall review said r
other ordinances or regulations of the City. spaces. this section. regularly scheduled public meetir
fifteen(IS).days after the report i.
C. Exemptions. The provisions of this ordinance Facilities for which credit is given shall not exceed C.In-Lieu Fees.Where no park or recreational facil- to the public.
shall not apply to the following; that which is needed by the development being ity,other than excluded private park features such
served unless it its easily available to the general as those specified in Section II(F)(2), located in S.'Developer's Development Schc
1.Commercial,or industrial development; public,in which case credit shaltbe limited to!den- whole or in part within the proposed development opment of public park and recos
try park deficiencies for the general public. is designated in the General Plan of the City or requires considerable lime for do
2.Condominium or stock cooperative projects other adopted resolution policy or standard of the cept plan, public review and a
which consist of the subdivision of airspace in an III. DEDICATION OF LAND OR FEE AS A CONDI- City,the developer shall,in lieu of dedicating land, design, preparation of specifrcati
existing apartment building which is more than five TION TO APPROVAL OF FINAL MAP OR PROJECT pay a fee computed in accordance with this ordi- ding,contract award and constru,
years old when no new dwelling units are added; nance to be used for park and recreational purpos- note this process with the develo
As a condition of approval of a.tentative or final es to serve the residents of the area being subdi- developer desires flte public prof:
3. Proposed development for which entitlements, tract map or parcel map for a residential subdivi- vided and other members of the public. noted with the development pr
including building permits and architectural per- sion, or a new multiple family residential project, shall provide The City with a c
mils,have already been obtained;or the subdivider shall be required to dedicate land, D. Combination of Land and Fees.The City may issuance of building permits and
pay a fee in lieu thereof or both,at the option of the accept a combination of land and fees, with the units(the"development phasing F
4.A proposed development for which a tentative City,in an amount determined pursuant to this ordi- respccuse amounts to be determined in the sole will submission of time temaiivo
map has already been submitted;or nance,for park or recreational purposes,unless the discretion of City, as long as the aggregate Fair update such plan to keep current.
subdivider is exempted from this mquimmeni by Market Value plus in-lieu fees does not exceed the
5. Subdivisions containing less than five parcels the express provisions of this ordinance.l he dedi- limits established in this ordinance.If the develop- C.Developer's Park Improvement
and not used for residential purposes,except that cation of land and/or payment of a fee shall be at er provides park and recreation improvements to event that the developer imprm
a condition may be placed on the approval of a the time and according to the standards and for- the dedicated land,the value of the improvements parks for public or private owne
parcel map that if a building permit is requested mula contained in this ordinance.As a condition of together with any equipment located thereon shall shall prepare a schedule specifyin
for construction of a residential structure or strut approval imposed during the entitlement process be a credit against the payment of fees and/or ded- where he will develop the pitlk or i
turns on one or more of the parcels,the fee may for an application made in connection with the ication required by this ordinance. hies to serve iha residents of the d
be required to be paid by the owner of each par construction or new residential development which schedule will be regriled as a con
eel as a condition of the issuance of the permit. does not require a subdivision,such as an apart- E.Determination of Land or Fee.Whether the City sion rain approval and must be
ment building or planned development,the appli- accepts land dedication or elects to require pay- City.
G.Development kit affordable housing projects may can[shall be required to pay a fee in an amount ment of a fee in lieu thereof,or a combination of
be exempted for that percentage of the develop-, determined pursuant to this ordinance,for part:or both,shall,in the City's sole discretion,be deter- D.City's Schedule.The Director c
mont which is fashioned to Affordable Units. recreational purposes, unless the developer is mined by consideration of the following: shall prepare and maintain a sch
exempted from this requirement,by the express how, when and where the land
II. DEFINITIONS - PARK AND RECREATION, provisions of this ordinance.The payment of a fee I. The provisions of the City's General Plan, any which were cledicated to the Cih/b
DEDICATION AND FEES shall be at the time and according to the standards specific Bolan adopted thereto, and any other recreational facilities will be used.
Words and phrases used herein shall have the and formula contained in this ordinance. adopted resolution,policy or regulation,of the ad under this ordinance shall he
following meaning: ' City; five years after the payment of s
IV.STANDARDS FOR DETERMINING DEDICATION vided developer has provided City
A.Affordable Housing/Affordable Units:Shall be 2. Topography, geology, access and location of men',phasing plan,the issuance
defined pursuant to State and federal law.The A. General. If a park dedication is required under land in the development available for dedication; nits on one-half of the lots create,
City may adopt additional standards only if such the terms of this ordinance,the park area required ment,whichever occurs lateir
standards are applicable tin Ought the community. shall be determined in accordance with the stan- 3. Size and shape of the development and land
dards'provided in this Section,Further,the amount available for dedication; Y.IL PROCEDURE
B.Dwelling Unit:Shall mean a building or mobile- and location of land to bqq dedicated and/or fees to
home designed for residential occupancy.For pur- be paid shall bear a roasonable relationship to the 4.The feasibility of dedication; A.Approval of Subdivision Map.
poses of this ordinance, the number of Dwelling use of the park and recreational facilities by the expressly provided in this ordmaf
Units created by a land division shall be as follows: future inhabitants of the development. 5.Access and location of other park sites to of action required by City purr.
One Dwelling Unit per lot created in a single-family I development;and nance shall be made after the du
tesidential zone,one dwelling per unit approved in B.Standard of Park Area to Population.It is found hearing at the time of approval of t
a multifamily rosidenial zone is unknown;the max- and determined that the public interest, conven- 5.Need of other accessible park sites for develop- map or parcel map by the nevi
lmum number of Dwelling Units allowed under that fence,health,safety and welfare of the residents of ment,improvement and rehabllltation.The City has decision or action shall be a cone
zone.For a condominium project or apartment,the the City requite that the City maintain the level of its broad discretion in the'application of these stan- of the subdivision map.
number of Dwelling Units created shall be the num- existing part:stock at a ratio of five dards. For example,the City has no obligation to
her of units approved accept hillside and slope areas not adaptable for B.Entitlement Process.Unless at
(5)acres of property for every one thousand(1,000) developed,parks and fields, nor must the City ly provided in this ordinance,any,
C.Fair Market Value:Shall mean the value ascribed persons projected to inhabit the development be accept private park areas which are only adaptable required by the City pursuant to t;
to land dedicated by the developer for park and devoted to local and community pawl and vccre- far prlvate use and whose proximity to other neigh- respect to the construction of ,
recreation purposes,and shall generally be(f),the ational purposes,and;hat such park area is aces- boraood parks exceed the City's standards, development which does not requ
value of The land being subdivided based upon the sary to provide fox the needs of the current and Accordingly, the determination of the City as to shall be made as part of the entitle
current assessed value,modified to equal market future persons residing and working in the City. whether land shall he dedicated,or whether a fee said development.Such decision
value in accordance with tine current practice of the Said ratio of"5 acres per thousand populations"is shall be charged;or a combination thereof,shall be a condition of approval which is it
county assessor,or at the option of City,(2)based hereafter referred to as the park area standard. final and,conclusive. the entitlement process,
upon an appraisal by a licensed and qualified
appraiser selected by City after consultation with C. Dwelling Unit Occupancy Factor. Based upon F.In-Lieu Fees for Subdivisions of Fifty Parcels or C.Appeals.Any person may app
developer.In the event an appraiser is utilized,all the latest available census data,the dwelling unit Less.If file development contains'M y(50)parcels lion of the advisory body made
tests of said appraisal shall be paid or a deposit Occupancy factors shall be,2.05.:Yhis uguis may be or less,only the payment of in-lieu fees may be ordinance. Appeals shall be mac
made therefore by the subdivider prior to the racer- revised from time to time by resolution of the required,except that one(1)lot subdivisions such the Palm Springs Municipal Code,
cation Of any final map or the issuance of any build- City Council. ac condominiums,stock cooperative or commun-
ing permit.An appraiser selected pursuant to this - ty apartment projects may he required to dedicate Bedell 3.SEVERABILITY
ordinance shall find the fair.market value of land to D. Computation of Area of Park,to be Dedicated, land if they have more than fifty(50)Dwelling
be equal to the amount of cash or its equivalent The dedication of park land required for any devel- Units. It is the intention of the City Cou
that such land would bring if exposed for sale in the opment shall be determined by multiplying the tions, subsections, clauses and
open market under conditions.in which neither number of dwelling units in the development for VII.DEVELOPER CREDITS ordinance are severable,and of a
buyer nor seller could take advantage of the ext- each housing type by the occupancy factor for ordinance is for any reason helc
narrates of the other, and both the buyer and the each housing type by.005(i.e.,the ratio of time park A.Public Parks.The developer shall receive a cred- unconsiltudonal by a court of co
seller have knowledge of all of the uses and pur- area standard of five (5) acres to one thousand it against the park dedication requirement for the tion, such decision shall not affc
poses to which the land is adapted and for which it population). This is represented as follows: Fair Market Value of,any land dedicated for park the remainder of the ordim"O
is capable of being used, and of flee enforceable (4 dwelling units)(occupancy factor)(0.005)=Atea purposes and for the value of any pads and retie- Council would have enacted sect
restrictions upon those uses and purposes.The fair of park to be dedicated ation improvements provided by developer in con- out the portion found to be inva
market value shall be determined before the final ' junction with any public park which meets the tional.
map or parcel map of a development its filed.With E.Costs of Acquisition and Development of Land. requirements of this ordinance.The value of such
regards to any park and recreation improvements Recent park development analysis indicates an improvements shall be determined by City based Section 4.LEGAL CONSTRUGTIC
or,equipment provided byrho developer, the fair 4:cgmsltion and clevelopment cost of two hundred upon Farr Market Value.
market value shall be the actual cost to the devel- fifty thousand dollars($250,000)per acre for pavfk The provisions of'this ordinance s
oper to acquire,Garrott net,and install the improve- and recreation facilities.This cost applies to time- B. Private ask. In conjunction with any planned as necessart,to effectively carry
}Y
i
PROOF OF PUBLICATION Purposes,which are hereby found and dec!ared
to be in furtherance of the public health,safety and
(20I5.5.C.C.P) convenience.
SEction 5.CEQA
Adoption of tills ordinance is not subject to CEQA
by vlr,ue of Public Resources Codesec.21080(b)(9)
and CEOA Guideline 15378(b)(4),as the creation of
a government funding mechanism which does not
'involve any commitment to any speciac project is
STATE-O not a"Project."
-- � _ --- -- F`CAliIFORNIA-�— - -
County of Riverside SCehnn 6.PUBLICATION
The City Cleric of the City of Palm Springs shall cer-
illy to the passage and adoption of this ordinance,
and shall cause the same to be posted and pub-
lisped di tire manner and the time required by law.
ADOPTED AND APPROVED this lath day of
August,2003.
AYES:Members Mills,.Reller-Spurgin and Mayor
Kleindiest
NOES:Member Oden
I am a citizen of the United States and a resident of ABSENT:Member Hodges
the County aforesaid;I am over the age of eighteen ABSTENTIONS:None
years,and not a party to or Interested in the ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
above-entitled matter.I am theprincipal clerk of a By:/s/Patricia A.Sanders By;/s/W!Iham G.
Kleindiest
printer of the,DESERT SUN PUBLISHING City Clerl< Mayor
COMPANY a newspaper of general circulation, REVIEWED AND APPROVED AS TO FORM:
printed and published in the city of Palm Springs, PUB:August 19,2003
County of Riverside,and which newspaper has been --
adjudged a newspaper of general circulation by the
Superior Court of the County of Riverside,State of
California under the date of March 24,1988.Case
Number 191236;that the notice,of which the
annexed is a printed copy(set in type not smaller
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
August 191'
-----_----------_--_----------------—--------------------
All in the year 2003
I certify(or declare)under penalty of perjury that the
foregoing is true and correct.
1911,
Dated at Palm Springs,California this--------day
of--------AuAugusttt----------------------------2003
----------------------------------------------------
Signature