HomeMy WebLinkAbout7/30/2003 - STAFF REPORTS (19) 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.
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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.
II. 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.
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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 to 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).
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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:
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