HomeMy WebLinkAbout7/16/2003 - STAFF REPORTS (19) DATE: July 16, 2003
TO: City Council
FROM: Director of Planning and Zoning
CASENO.5.0967: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
REQUIRING THE DEDICATION OF LAND AND/OR TO IMPOSE A REQUIREMENT FOR THE
PAYMENT OF FEES IN-LIEU THEREOF, OR A COMBINATION OF BOTH, FOR PARK AND
RECREATIONAL PURPOSES AS A CONDITION TO THE APPROVAL OF RESIDENTIAL
DEVELOPMENT.
RECOMMENDATION
That the City Council conducta publichearing on the ordinance request,in regards to the dedication
of land and/or the imposition of fees in-lieu thereof, or a combination of both, for park and
recreational purposes (park fees) as a condition to the approval of a tentative or parcel map for
residential development (pursuant to the authority granted by Section 66000 and 66477 of the
Government Code),and other new residential development entitlements,where a subdivision map
is not required.
1. That the City Council approve the attached Park Land and In-lieu Fee Ordinance as
proposed (Exhibit A).
2. Direct Staff to continue working on the Capital Improvement Plan for City Park Land for
further consideration and possible incorporation into the subject Ordinance.
Based upon a detailed review of Quimby Act and City procedures, there is little advantage to
adopting an urgency ordinance.
SUMMARY:
There are three(3)main components of the Park Fee ordinance: 1)park land dedication; 2)park
land fee in-lieu of dedication; and 3) combination of No. 1 and 2 with limited credit on fee.
The Non-urgency Ordinance would be in effect 30 days after its second reading on July 23, 2003.
Once adopted, the City can collect park fees 30 days thereafter on all applicable new residential
development,as a condition to the approval of a tentative or parcel map(pursuant to the authority
granted by Sections 66000 and 66477 of the Government Code), or as a condition in the design
review process for a residential development which does not require a subdivision.
BACKGROUND:
Park Impact Fees:
The City of Palm Springs does not currently levy park fees for the purpose of acquisition and
improvement of new parks,as well as preservation of its existing parks. Within the last few years,
the City has experienced a significant increase in applications for residential development and usage
of its existing parks;and due to various fiscal constraints the City is unable to expend its own funds
or otherwise expand and preserve park and recreational space.
The Department of Planning and Zoning, the Department of Parks and Recreation, and the City
Attorney have been reviewing the options for achieving future park and recreational needs,as well
Page 2 of 3
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
as possible upgrades of aging parkfacilities. On June 18, 2003, ajoint Planning Commission and
Parks and Recreation Commission meeting was held to discuss existing parks and future needs
in relation to the General Plan policies. There was a general consensus thatthere is an immediate
need for a one(1)or two(2)20 to 30 acre community type park,to augment recreational activities
at Demuth Park.
In accordance with the Palm Springs General Plan Policies(Policy 10.1.1, 10.2.1, 10.2.3, 10.2.4a,
10.2.4b, 10.2.4c, 10.7.1, 10.8.6, 10/c(3) ) staff realized the timing was appropriate to consider
adoption and implementation of a Park Land Dedication Ordinance with in-lieu fee provisions for new
residential development (Quimby Act).
It is stated in the General Plan that specialized parks provide a backbone for the proposed City
Bikeway and horse trail plans. Community parks provide the large,high-investment type of facilities,
such as lighted ball fields,craft and recreation buildings,amphitheaters and bandshells,community
centers,where planned,and provide local neighborhood requirements. Neighborhood parks are to
be evenly distributed throughout the community and may contain a range of facilities and amenities.
Quimby Act:
Staff has drafted a Parks and Recreation Fee Ordinance along with a detailed fee analysis. The
proposed parks and recreation fee ordinance is consistent with the General Plan Parks and
Recreation Element, Implementation Program 10/C(3), to adopt and implement a parkland
dedication ordinancewith in-lieu fee provisions,and pursuantto Government Code Section 66477
(Quimby Act), and Government Code Section 66000.
The Quimby Act(§ 66477)authorizes cities and counties to require the dedication of parks and
recreation land,orthe payment of in-lieu fees,as a condition of tentative subdivision map approval.
The Quimby Act can only be invoked when the City "has adopted a General Plan...containing
policies and standards for parks and recreation facilities." These exactions are limited to the
impacts caused by new residential development,and they must bear a reasonable relationship to
the use of the park and recreational facilities by the future inhabitants of the area (§66477(e)).
Please refer to Exhibit B, for additional Quimby Act provisions.
The project is composed of requestto amend the Palm Springs Municipal Code,Title 3, Revenue
and Finance,to levy parkfees forthe purpose of acquisition and improvement of new parks,as well
as preservation of its existing parks.
Page 3 of 3
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
AMENDMENT TO THE MUNICIPAL CODE - TITLE 3, REVENUE AN FINANCE
Analysis:
The proposed Ordinance follows theformatand prescribed components specified by Government
Code Section 66477. Specifically, the proposed Ordinance establishes the following:
1. Computation of area of park to be dedicated. The dedication of park land required for any
development will be determined by multiplying the number of dwelling units in the
development by the occupancy factor and .005(i.e., the ratio of the park area standard of
five (5) acres to one thousand population (1,000)). This is represented as follows:
(# dwelling units) (occupancy factor) (0.005) = Area of park land to be dedicated
• City of Palm Springs current park land acreage: 279 acres
• City of Palm Spring population (2000 Census): 42,848
• Current park land ratio: 6.5 acres per 1,000 residents.
(231.62 acres of park land x 42,848(2000 census population))
• Current City Owned/Operated Parks:
- Desert Highland Park = 17.58 acres
-Victoria Park = 7.67
- Ruth Hardy Park = 21.31
- Sunrise Plaza Park = 37.17
- DeMuth Park = 62.00
- Baristo Park = 1.36
- Frances Steven Park = 3.58
- Dog Park = 1.5
- Village Green = .5
- Lykken Equestrian Trail Head = 1.13
- Bikeway facilities = 13.52
- Desert Riders Park = 2.1
- Tahquitz Canyon Interpretive Ctr. = 3.0
-Tennis Center = 7.8
- JPA for School Sites = 98.40
Total =278.62 acres
• The proposed Ordinance includes a park ratio of 5.0 acres per 1,000 population.
This ratio is permissible under the Quimby Act when the current ratio of
neighborhood and community parks exceeds three(3)acres per 1,000 population,
but shall not exceed 5.0 acres per 1,000 population.
Based upon existing conditions the City mayadopt a park land ratio offive(5)acres
to 1,000 population.
4?A 3
Page 4 of 3
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
2. Dwelling unit occupancy factor(or average household size). Based upon the latestavailable
census data(2000 Census), the occupancy factor is 2.05, overall City average household
size (Staff Recommendation).
• This figure may be updated from time-to-time by resolution of the City Council based
on the latest available census figure.
3. Cost of acquisition and development of park land. The Ordinance includes factors for
determining cost of acquisition and development of park land planned for in the current
General Plan and an estimated total cost estimate for future park facilities.
a. Acquisition Cost.
• The acquisition cost was determined by averaging the per acre cost of
"vacant"residential land in Palm Springs,which according to recent market
profiles, ranges from $25,000 to $150,000 per acre. For purposes of
estimating total future park acquisition cost,$50,000 per acre was utilized in
the example listed in this report. Actual revenue will depend upon the
number of units constructed and land values.
b. Development Cost.
• $150,000 per acre for basic park and recreation facilities, such as
landscaping and tot lot.
• $200,000 per acre for the basic park and recreation facilities plus larger
facilities,such as a waterfeature and athletic field. Staff has recommended
this higher amount to justify a reasonable park development cost component.
Staff recommends using this figure due to the current/existing level of park
amenities, and based upon General Plan policies to provide substantial
improvements, amenities, and facilities at existing and future parks.
• General Plan park land need: 96 acres
(48 acres of community parks, and 48 acres of neighborhood parks)
Park Type/General Location: Acres:
1. Community Park
A. Gene Autry/Mesquite 30
B. Expand Desert Highland 18
2. Neighborhood Parks
A. Tramway/N. Palm Canyon 12
B. N. Indian Canyon Drive 12
C. N. Sunrise Way 12
D. Vista Chino/Cerritos 12
Total Acres: 96
Page 5 of 3
July 16, 2003, City Council Meeting
Case No. 6.0967, Ordinance - Park Fees
• Estimated costof acquisition and development($50,000 est.land value per
acres + $200,000.00 development cost per acre x 96 acre park need):
$24,000,000.00
• The Ordinance also includes a recommended cost recovery level for
acquisition and developmentof 75%of the calculated value,which reduces
the estimate to $18,000,000.
• City currently budgets$300,000 per yearfor parks facilities or roughly30%
of this total over a 20 year period.
• Sources of revenue to augment the future cost of acquisition and
development include, state and federal park grants, private donations,and
Measure-Yfunds. Measure Y funds currently generate$400,000 per year for
library and park facilities.
4. 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. The in-lieu fee is
computed as follows:
(# dwelling units)(occupancy factor)(0.005) = Area of park land to be dedicated
(Area of park land to be dedicated)(fair market value per acre)+( fair share cost
recovery)/(units) = Fee per unit in lieu of dedication
Sample Project:
• 60 units single family detached residential project
• Occupancy factor of 2.05 average household size
• Land value of $50,000 per acre
• $200,000/acre park acquisition
Total fee per unit = '$1,944.00
Notes: 1
(60)(2.05)(0.005) = .43 acres of park land required
(.43)($50,000)+($18,000,000/12,608 x 60)=$116,659.90 total park fee
($116,659.90)/(60) = $1,944 per unit
Page 6 of 3
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
5. Developer Credits. The Ordinance proposes a credit for any land dedicated for park
purposes and for any park improvements provided by the developer.
• The value of such improvements shall be based on fair market value.
• No credit will be given to a developer for more than 50% of the required land
dedication or in-lieu fee.
• No credit is proposed for golf course development because it does not serve the
general public's recreational needs.
6. Affordable housing exemption. Staff recommends that development of affordable housing
may be exempted for the percentage of the development which is restricted to affordable,
housing.
Park Fee Revenue Potential:
Based on the amount of vacant residential land available for development including Palm Hills
Specific Plan (not including Conservation areas)and applying a minimum and maximum density
factorallowable underthe General Plan, it is conceivable that a total of 9,800to 16,800 units could
be constructed at General Plan build-out. Applying the occupancy factor of2.05 average persons
per households,the City could plan on an additional 20,000 to 34,000 plus, people using its parks
and recreational facilities.
Applying the proposed park land dedication ratio(.005 to 1,000 population),the City could anticipate
101 to 172 acres of newpark land to be dedicated. In terms of in-lieu fees,the amount is dependent
on a couple of variables, such as the fair market value of land being subdivided. Assuming a
sample 60 unit residential project and land values from $25,000 to$150,000 per acres,the range
of park fees per unit could be $1,686 to $2,978.
In accordancewith the QuimbyAct,funds collected underthe Ordinance mustbe committed within
five(5)years after the payment, or issuance of building permits or paid back to the owners of the
subdivision without any deductions.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION
The Cityof Palm Springs has determined thatthe proposed Ordinance pertaining to parkfees could
not have an impact on the environment,and is exemptfrom the California Environmental Quality Act
(CEQA)provisions, the State CEQA Guidelines(Section 15378, (b)(4), creation of governmental
funding mechanism not a project), and the City's CEQA procedures contained in the City's CEQA
Guidelines, and a Notice of Exemption has been prepared.
q111-6
Page 7 of 3
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
Director g(*lanning and Zoning
Approved:
i
City Manager
EXHIBITS:
A. Ordinance (Park Fee)
B. Quimby Act Provisions summary (City Council handout dated May 14, 2003)
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PALM SA City of Palm Springs
AO
City Council
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May 14, 2003
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LIFO
FORN
Quimby Act Provisions
(Government Code Section 66477) -
Park and Recreation, Dedication, and Fees
Purpose: The Act authorizes the City to require by ordinance the dedication of land or payment of fees for
park or recreational purposes. To achieve this purpose the following criteria in summary must be met:
1. An ordinance must be in place 30 days prior to filing a tentative or parcel map.
2. The ordinance must include definite standards fordetermining proportion of land to be dedicated and
amount of fee. The dedication or payment shall not exceed a proportionate amount to provide 3 acres
of park land per 1,000 subdivision residents with certain exceptions.
3. Land or fees to be used only for new or rehabilitating existing park or recreational facilities to serve
subdivision. The size, location and fee shall be proportional to the use of the park and recreational
facilities.
4. The City must have General Plan or Specific Plan policies and standards for park and recreational
facilities.
5. The City shall develop a schedule (such as a Capital Improvement Plan, and Park Master Plan),
specifying how,when,and where it will use the land and fees or both to develop park or recreational
facilities. Fees collected shall be committed within five years after payment. Fees unallocated shall
be paid back proportionally to each record owner of the subdivision.
6. The payment of fees may only be required for subdivisions containing 50 or fewer parcels.
7. The Act does not apply to commercial and industrial subdivisions, or condos or stock coops that
consist of air space in an existing apartment building more than 5 years old when no new units are
added.
8. Planned developments, community apartment, condos, and stock coops with private recreational
open space shall be eligible for credit as determined by the City.
9. Subdividers that provide parks and recreational improvements to the dedicated land,shall be credited
against the payment of fees and dedication of land as required by the ordinance.
Page 1 of t ��
M1 04 PALM S,►c
City of Palm Springs
Department of Planning &Zoning
II11A1• ,`'
C'�IIFoVL MEMORANDUM
Date: July 16, 2003
To: City Council
From: Director of Planning & Zoning via City Manager
Subject: Quimby Act— Municipal Code Amendment— Park Fees
Attached please find the following:
1. Revised Ordinance of City of Palm Springs establishing park fees. Minor changes were
made and references to Urgency Ordinance were deleted.
2. Revised staff report pages — both are in legislative draft format.
Page 1 of 7
DATE: July 16, 2003
TO: City Council
FROM: Director of Planning and Zoning
CASE NO. 5.0967: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, REQUIRING THE DEDICATION OF LAND AND/OR TO IMPOSE A REQUIREMENT
FOR THE PAYMENT OF FEES IN-LIEU THEREOF, ORA COMBINATION OF BOTH, FOR PARK
AND RECREATIONAL PURPOSES AS A CONDITION TO THE APPROVAL OF RESIDENTIAL
DEVELOPMENT.
RECOMMENDATION
That the City Council conduct a public hearing on the ordinance request, in regards to the
dedication of land and/or the imposition of fees in-lieu thereof, or a combination of both, for park
and recreational purposes (park fees) as a condition to the approval of a tentative or parcel map
for residential development (pursuant to the authority granted by Section 66000 and 66477 of the
Government Code), and other new residential development entitlements,where a subdivision map
is not required.
1. That the City Council approve the attached Park Land and In-lieu Fee Ordinance as
proposed (Exhibit A).
2. Direct Staff to continue working on the Capital Improvement Plan for City Park Land for
further consideration and possible incorporation into the subject Ordinance.
Based upon a detailed review of Quimby Act and City procedures, there is little advantage to
adopting an urgency ordinance.
SUMMARY:
There are three (3) main components of the Park Fee ordinance: 1) park land dedication; 2) park
land fee in-lieu of dedication; and 3) combination of No. 1 and 2 with limited credit on fee.
The Non-urgency Ordinance would be in effect 30 days after its second reading on July 23, 2003.
Once adopted, the City can collect park fees 30 days thereafter on all applicable new residential
development, as a condition to the approval of a tentative or parcel map (pursuant to the authority
granted by Sections 66000 and 66477 of the Government Code), or as a condition in the design
review process for a residential development which does not require a subdivision.
BACKGROUND;
Park Impact Fees:
The City of Palm Springs does not currently levy park fees for the purpose of acquisition and
improvement of new parks, as well as preservation of its existing parks. Within the last few years,
the City has experienced a significant increase in applications for residential development and
usage of its existing parks; and due to various fiscal constraints the City is unable to expend its own
funds or otherwise expand and preserve park and recreational space.
The Department of Planning and Zoning, the Department of Parks and Recreation, and the City y�q
Page 2 of 7
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
Attorney have been reviewing the options for achieving future park and recreational needs, as well
as possible upgrades of aging park facilities. On June 18, 2003, ajoint Planning Commission and
Parks and Recreation Commission meeting was held to discuss existing parks and future needs
in relation to the General Plan policies. There was a general consensus that there is an immediate
need for a one (1) or two (2) 20 to 30 acre community type park, to augment recreational activities
at Demuth Park.
In accordance with the Palm Springs General Plan Policies (Policy 10.1.1, 10.2.1, 10.2.3, 10.2.4a,
10.2.4b, 10.2.4c, 10.7.1, 10.8.6, 10/c(3) ) staff realized the timing was appropriate to consider
adoption and implementation of a Park Land Dedication Ordinance with in-lieu fee provisions for
new residential development (Quimby Act).
It is stated in the General Plan that specialized parks provide a backbone for the proposed City
Bikeway and horse trail plans. Community parks provide the large, high-investment type of
facilities, such as lighted ball fields, craft and recreation buildings, amphitheaters and bandshells,
community centers,where planned, and provide local neighborhood requirements. Neighborhood
parks are to be evenly distributed throughout the community and may contain a range of facilities
and amenities.
Quimby Act:
Staff has drafted a Parks and Recreation Fee Ordinance along with a detailed fee analysis. The
proposed parks and recreation fee ordinance is consistent with the General Plan Parks and
Recreation Element, Implementation Program 10/C(3), to adopt and implement a parkland
dedication ordinance with in-lieu fee provisions, and pursuant to Government Code Section 66477
(Quimby Act), and Government Code Section 66000.
The Quimby Act (§ 66477) authorizes cities and counties to require the dedication of parks and
recreation land, or the payment of in-lieu fees, as a condition of tentative subdivision map approval.
The Quimby Act can only be invoked when the City "has adopted a General Plan...containing
policies and standards for parks and recreation facilities." These exactions are limited to the
impacts caused by new residential development, and they must bear a reasonable relationship to
the use of the park and recreational facilities by the future inhabitants of the area (§66477(e)).
Please refer to Exhibit B, for additional Quimby Act provisions.
The project is composed of a request to amend the Palm Springs Municipal Code,Title 3, Revenue
and Finance, to levy park fees for the purpose of acquisition and improvement of new parks, as
well as preservation of its existing parks.
01
011 \
Page 3 of 7
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
AMENDMENT TO THE MUNICIPAL CODE -TITLE 3, REVENUE AN FINANCE
Analysis:
The proposed Ordinance follows the format and prescribed components specified by Government
Code Section 66477. Specifically, the proposed Ordinance establishes the following:
1. Computation of area of park to be dedicated. The dedication of park land required for any
development will be determined by multiplying the number of dwelling units in the
development by the occupancy factor and .005 (i.e., the ratio of the park area standard of
five (5) acres to one thousand population (1,000)). This is represented as follows:
(# dwelling units) (occupancy factor) (0.005) =Area of park land to be dedicated
• City of Palm Springs current park land acreage: 279 acres
• City of Palm Spring population (2000 Census): 42,848
• Current park land ratio: 6.5 acres per 1,000 residents.
(231.62 acres of park land x 42,848(2000 census population))
• Current City Owned/Operated Parks:
- Desert Highland Park = 17.58 acres
- Victoria Park = 7.67
- Ruth Hardy Park = 21.31
- Sunrise Plaza Park = 37.17
- DeMuth Park = 62.00
- Baristo Park = 1.36
- Frances Steven Park = 3.58
- Dog Park = 1.5
-Village Green = .5
- Lykken Equestrian Trail Head = 1.13
- Bikeway facilities = 13.52
- Desert Riders Park = 2.1
- Tahquitz Canyon Interpretive Ctr. = 3.0
- Tennis Center = 7.8
- JPA for School Sites = 98.40
Total =278.62 acres
• The proposed Ordinance includes a park ratio of 5.0 acres per 1,000 population.
This ratio is permissible under the Quimby Act when the current ratio of
neighborhood and community parks exceeds three (3) acres per 1,000 population,
but shall not exceed 5.0 acres per 1,000 population.
Based upon existing conditions the City may adopt a park land ratio of five(5) acres
to 1,000 population.
Page 4 of 7
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
2. Dwelling unit occupancy factor (or average household size). Based upon the latest
available census data (2000 Census), the occupancy factor is 2.05, overall City average
household size (Staff Recommendation).
• This figure may be updated from time-to-time by resolution of the City Council
based on the latest available census figure.
3. Cost of acquisition and development of park land. The Ordinance includes factors for
determining cost of acquisition and development of park land planned for in the current
General Plan and an estimated total cost estimate for future park facilities.
a. Acquisition Cost.
0 The acquisition cost was determined by averaging the per acre cost of
"vacant" residential land in Palm Springs, which according to recent market
profiles, ranges from $25,000 to $150,000 per acre. For purposes of
estimating total future park acquisition cost, $50,000 per acre was utilized
in the example listed in this report. Actual revenue will depend upon the
number of units constructed and land values.
b. Development Cost.
• $150,000 per acre for basic park and recreation facilities, such as
landscaping and tot lot.
• $200,000 per acre for the basic park and recreation facilities plus larger
facilities, such as a water feature and athletic field. Staff has recommended
this higher amount to justify a reasonable park development cost
component. Staff recommends using this figure due to the current/existing
level of park amenities, and based upon General Plan policies to provide
substantial improvements, amenities, and facilities at existing and future
parks.
• General Plan park land need: 96 acres
(48 acres of community parks, and 48 acres of neighborhood parks)
Park Type/General Location: Acres:
1. Community Park
A. Gene Autry/Mesquite 30
B. Expand Desert Highland 18
2. Neighborhood Parks
A. Tramway/N. Palm Canyon 12
B. N. Indian Canyon Drive 12
C. N. Sunrise Way 12
D. Vista Chino/Cerritos 12
0�111\
Page 5 of 7
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
Total Acres: 96
• Estimated cost of acquisition and development($50,000 est. land value per
acres + $200,000.00 development cost per acre x 96 acre park need):
$24,000,000.00
• The Ordinance also includes a recommended cost recovery level for
acquisition and development of 75% of the calculated value,which reduces
the estimate to $18,000,000.
• City currently budgets $300,000 per year for parks facilities or roughly 30%
of this total over a 20 year period.
• Sources of revenue to augment the future cost of acquisition and
development include, state and federal park grants, private donations, and
Measure-Y funds. Measure Y funds currently generate $400,000 per year
for library and park facilities.
4. 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. The in-lieu fee is
computed as follows:
(# dwelling units)(occupancy factor)(0.005) = Area of park land to be dedicated
(Area of park land to be dedicated)(fair market value per acre)+( fair share cost
recovery)/(units) = Fee per unit in lieu of dedication
Sample Project:
• 60 units single family detached residential project
• Occupancy factor of 2.05 average household size
• Land value of$50,000 per acre
• $200,000/acre park acquisition
Total fee per unit = '$1,944.00 $1,988
Notes: 1
(60)(2.05)(0.005) _ .43 acres of park land required
(.43)($50,000)+($18,000,000/12,608 x 60) _ $116,659.90 119,296 total park fee
($116,659.90 119,296)/(60) _ $4-,W 1,988 per unit
k�i�1
Page 6 of 7
July 16, 2003, City Council Meeting
Case No. 5,0967, Ordinance - Park Fees
5. Developer Credits. The Ordinance proposes a credit for any land dedicated for park
purposes and for any park improvements provided by the developer.
• The value of such improvements shall be based on fair market value.
• No credit will be given to a developer for more than 50% of the required land
dedication or in-lieu fee.
• No credit is proposed for golf course development because it does not serve the
general public's recreational needs.
6. Affordable housing exemption. Staff recommends that development of affordable housing
may be exempted for the percentage of the development which is restricted to affordable
housing.
Park Fee Revenue Potential:
Based on the amount of vacant residential land available for development including Palm Hills
Specific Plan (not including Conservation areas) and applying a minimum and maximum density
factor allowable under the General Plan, it is conceivable that a total of 9,800 to 16,800 units could
be constructed at General Plan build-out. Applying the occupancy factor of 2.05 average persons
per households, the City could plan on an additional 20,000 to 34,000 plus, people using its parks
and recreational facilities.
Applying the proposed park land dedication ratio (.005 to 1,000 population), the City could
anticipate 101 to 172 acres of new park land to be dedicated. In terms of in-lieu fees, the amount
is dependent on a couple of variables, such as the fair market value of land being subdivided.
Assuming a sample 60 unit residential project and land values from$25,000 to$150,000 per acres,
the range of park fees per unit could be $-1f861,732 to $2 97-8 3,013.
In accordance with the Quimby Act,funds collected underthe Ordinance must be committed within
five (5) years after the payment, or issuance of building permits or paid back to the owners of the
subdivision without any deductions.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION
The City of Palm Springs has determined that the proposed Ordinance pertaining to park fees
could not have an impact on the environment, and is exempt from the California Environmental
Quality Act (CEQA) provisions, the State CEQA Guidelines (Section 15378, (b)(4), creation of
governmental funding mechanism not a project), and the City's CEQA procedures contained in the
City's CEQA Guidelines, and a Notice of Exemption has been prepared.
Page 7 of 7
July 16, 2003, City Council Meeting
Case No. 5.0967, Ordinance - Park Fees
Director of Planning and Zoning
Approved:
City Manager
EXHIBITS:
A. Ordinance (Park Fee)
B. Quimby Act Provisions summary (City Council handout dated May 14, 2003)
Palm Springs Investment Company
July 15, 2003
City Council
CITY OF PALM SPRINGS
3200 East Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, California 92663-2743
Re: Case No. 5.0967 — Quimby Act — Municipal Code Amendment— Park Fees
Dear Council:
This letter is in response to the City's Proposed Municipal Code Amendment requiring
park fees, in conformance with California Government Code Section 66477. We
certainly support the City's efforts to provide additional parkland for existing and future
residents of Palm Springs, but feel that the Draft Ordinance as it is currently written
contains two provisions that are far more excessive than those required by other
jurisdictions.
Park Area Standard
The current Draft Ordinance proposes a park area standard of five (5) acres of parkland
for every one thousand (1,000) persons projected to inhabit the development. While
state law does permit the exaction of up to five acres per one thousand population for
those cities that currently provide a minimum of five acres per one thousand population,
the majority of cities that were researched, require three (3) acres of parkland for every
one thousand (1,000) persons. Growing jurisdictions requiring three acres per thousand
include:
Ranch Mirage
La Quinta;
Riverside County
Rancho Cucamonga;
Orange County; and
Laguna Niguel.
These communities are representative of amenity-oriented life styles that are also
represented in Palm Springs. The five-acre requirement is more appropriate for
communities that exhibit a more conventional suburban lifestyle than Palm Springs
offers. The amount of private recreation available in Palm Springs is extensive so there
is less pressure on public parks. This is demonstrated by the current ratio of public park
land to population in Palm Springs, which is 3.1 acres per thousand population as
stated in the General Plan.
(,�®
A Park Ordinance requiring three (3) acres of public parkland per one thousand would
maintain the current standard established in the City and would place an equitable
burden on new residents.
Private Park Credit
Our plans for the Classic incorporate a very extensive recreation program including a
championship golf course; an amenity that has a high priority for the community as
stated by the City's General Plan (Policy 10.2.5.b—Encourage and support the
development of new golf courses as part of major projects within a specific plan area).
Our residents will have little more to desire and certainly will have a low demand for
public park space because of the options in their community and Palm Springs overall.
The current Draft Ordinance permits credit for private parks, but the credit shall not
exceed one third of the park dedication requirement. Again, a review of other
jurisdictions shows that this provision is more restrictive than that required by other
cities. Park standards in growing communities usually permit at least 50% credit for
private recreation where the developer takes on the challenge of serving the residents
with active recreation. Rancho Mirage, Irvine and Laguna Niguel allow up to full credit
for private parks under certain circumstances. Riverside County, Indian Wells and
Yorba Linda permits up to one-half credit for private parks a minimum of three acres in
size. These private parks provide the majority of the recreational requirements of the
residents of these planned communities, who therefore are not creating as much
additional impact to existing facilities.
We would support an ordinance that was more in line with those of other resort
jurisdictions as well as the current City standard at 3 acres of public parks per 1000
residents. We also support a requirement that would allow up to one-half credit towards
the park dedication requirement for private recreation facilities. This will allow planned
developments to receive appropriate credit for highly amenitized recreation facilities
within their developments, and also provide additional fees at an equitable level for the
City to use to expand the existing public parks system.
Vie appreciate the opportunity to address this issue, and would be happy to discuss it
further at your convenience.
Very truly yours,
d
Pat Blew
Cc: David Ready
Doug Evans
David Aleshire
Van Stephens
FROM LINDA HOLMES FAX NO. : 760 31802BG Jul. 15 2003 11:09AM R1
Linda Holmes
501 North Phillips Road
Palm Springs, CA 97262
July 1.5, 2003
Mayor and City Council
City of Palm Springs
Via Fax: (760) 332-8332
Dear Mayor and Members of the City Council:
Subject: Sunport for the Quimby Act for Park Development
1 read in today's issue of The Desert Sun that the Council will be discussing the
Quimby Act at the July 16 City Council meeting. This letter is to request your
support for a city ordinance to enact the Quimby Act.
I am a retired City Manager and have worked for six cities in Southern California,
all of which had the Quimby Act. Most California cities use the Act, and I was
amazed to read that Palm Springs has never incorporated it into the City Code.
Developers have probably been pleasantly surprised that some Coachella Valley
cities, including Palm Springs, don't use the Quimby Act. California developers
expect cities to have the Quimby Act and generally have no complaints because
it's a normal operating expense for them.
In two cities, I performed as Park Development Coordinator and administered the
Quimby Act funds for park development projects, In basically built-out cities such
as Palm Springs, there may not be the huge of amount of funds available from the
Act as in developing cities, but the funds never-the-less can be substantial enough
to provide excellent park projects to benefit the community.
I urge your support for adopting an ordinance enacting the Quimby Act in the City
of Palm Springs.
Sincerely,
Linda Holmes
NOTICE OF CITY COUNCIL MEETING
CITY OF PALM SPRINGS
Case No. 5.0967
An Ordinance of the City Council of the City of Palm Springs,
requiring the dedication of land and/or to impose a requirement of the payment
of fees in-lieu thereof, or a combination of both, for park and recreational
purposes as a condition to the approval of residential development.
Applicant: City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of July 16, 2003. The City Council meeting begins at 7:00 p.m. in the Council Chamber
at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case No. 5.0967, an Ordinance by the City of Palm Springs in
regards to the dedication of land and/or the imposition of fees in-lieu thereof, or a combination of both, for
park and recreational purposes (park fees) as a condition to the approval of a tentative or parcel map for
residential development (pursuant to the authority granted by Section 66000 and 66477 of the Government
Code).
The collection of park fees will greatly benefit the City's citizens by ensuring the expansion of park and
recreational facilities within the City in proportion to new development. The City is currently in the process
of conducting such an impact study to determine the appropriate level of the park fee reasonably required
to meet the demands created by proposed new development projects.
The City of Palm Springs has determined that the Ordinance pertaining to park fees could not have an impact
on the environment,and is exemptfrom the California Environmental Quality Act(CEQA)provisions,the State
CEQA Guidelines (Section 15378, (b)(4), creation of governmental funding mechanism not a project), and
the City's CEQA procedures contained in the City's CEQA Guidelines.
Related documents and CEQA Notice of Exemption are available for public review daily. Members of the
public may view these documents in the Department of Planning and Zoning, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs, and submit written comments at or prior to the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Lawrence A. Mainez, Principal Planner, at (760) 323-8245.
PATRICIA A. SANDERS
City Clerk
Publish: July 4, 2003
The Desert Sun
PROOF OF PUBLICATION This Is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA - - - - --
County of Riverside
INo 5047
NOTICE OF CITY COUNCIL MEETING
CITY OF PALM SPRINGS
Case Nothe. 5.0967
An City Ordinance
PalmfSpringsty council requrrng the he
dedication of land and/or to impose a
I am a citizen Of the United States and a resident Of dedication
requirement of
combl payment
both,for park
hereof, r
the County aforesaid;I and over the age of eighteen and recreational purpoaes as e condition to
years,and not a party to or interested in the the approval of residential development
above-entitled matter.I am the principal clerk of a Applicant: City of Palm Springs
printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the City Council
of the Clay of Palm Springs,California, will hold a
COMPANY a newspaper of general circulation, public hearing at its meeting of July 16,zoos.The
City Council meeting begins at 7:00 p.m. in the
printed and published in the city of Palm Springs, enmmll Chamber at City Hall,3200 Past Tanquitz
Palm Springs Way,
County of Riverside,and which newspaper has been Canyon �
adjudged a newspaper of enerid circulation b the The ppurppose of the hearing Is to consider Case
gg y No. 5.0967, an Ordinance by the City of Palm
Superior Court of the Count of Riverside,State of Springs in regards to the dedication of land
p y and/or the imposition of fees in-lieu thereof, or a
California under the date of March 24, 1988.Case combination of both, for park and recreational
purposes(park fees)as a condition to the approv-
Number 191236;that the notice,of which the al of a tentative or parcel map Per residential de-i
annexed is a printed copy(set in type not smaller ve aIio� n Y ( ursuana to the ofthe
granted by
Sea 66800 and to the authority the Government
than non pariel,has been published in each regular code)
and entire issue of said newspaper and not in any The collection of park fees will greatly benefit the
City r,citizens by ensuring the ex Anson of park
supplement thereof on the following dates,to wit: and recreationa�factlrties within the City in pro-
portion to new development,The Cily is ammittly
m the p[oeess of conducting such 2n impact
study to determine the appropriate level of the I
park fee reasonably required to meet the de-
July 4d' mends created by proposed new development
protects.
The City of Palm Springs has deter mined of
an in that the I
Ordinance pertaining to on s
---- ______ _________—---------______,_____________-
act on the environment andldisnexempt
—
fromvir
he CaliforniaCaions, t e State
of CLl Quality Act
All in the year 2003 (CEGA) provisions, the State of CEQA Guidelines
Soong mechanism
(m dri creation project),
of governmental
f certify(or declare)under penalty of perjury that fire unding meedur sin not i ed in th and me calla
foregoing is true and correct. CEQA procedures contained in the Cdy's CE A
g g ' Guidelines.
a.
8 Related documents and CEQA Notice of Exemp-
Dated at Palm Springs,California this---------day ton are available for public review daily Members
of the public may view these documents in the
July Deppartment of Planning and Zoning, City Hall,
Ot----------- ------- 2003 3200 East Tahquitz Canyon Way, Palm Springgs,
--'-- ------, and submit written comments at or prior to tfre
City Council hearing
If any group challenges the action In court,issues
raised may be limited to only those issues raised
at the public hearing described in this notice or in
written correspondence at, or prior to the City
----------------------------- ---------^- Council hearing. An opportundy�will be given as
Signature said heannpp For all Interested persons to be
g heard. Ouestrous regarding this case nr be if
reefed to Lawrence a. Wittier, Principal Planner,
at(760)323-8245.
PATRICIA A. SANDERS
City Clark
PUB: July 4, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING THE
DEDICATION OF PARK LAND OR TO IMPOSE A
REQUIREMENT FOR THE PAYMENT OF PARK FEES IN
LIEU THEREOF
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 terns of the California
Enviromnental 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 colu vent in accordance with CEQA.
NOW THEREFORE, it is found, determined and resolved by the City Council of the City
of Palm Springs as follows:
1003/005/23674 v8
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.
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. Condominimn 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 obtained; 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 strictures 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:
qD:;
1003/005/23674 v8
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 Irnprovement of Park and Recreation
Areas or Payment of In Lieu Fees," as set forth below, is hereby adopted.
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 terns 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 shalt be interpreted, insofar as
possible, to be consistent with other ordinances or regulations of the City. hi 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 pen-nits, have already been obtained; or
4. A proposed development for which a tentative map has already
been obtained; 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 pennit 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:
t003/005/23674 A ��
i
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
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.
1003/005/23674 v8 �
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.
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,
1003/005/23674 0 ��
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.
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 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 developer 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.
IV. STANDARDS FOR DETERMINING DEDICATION
A. General. If a park dedication is required under the terns 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 maybe revised from time to time by resolution of the City Council.
t003/005/23674 v8 9 UP
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).
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 fonmulas 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 filture 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. If the fair market value of
the park and recreational facilities provided pursuant to City specifications is less than
that required hereunder, no additional fees shall be required, otherwise, the developer
shall pay the difference.
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:1003/005/23674 v8 %7
iL�...
� J 1
)��
(1) Whenever land is dedicated, the developer shall, in the City's
discretion, without 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;
(e) hnprove 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;
(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.
1003/005/23674 vS
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.
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 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 dwelling
units.
VII. 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
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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, comm amity 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. No credit shall be given to a
developer for more than fifty percent(50%) of the required land dedication or in-lieu fee.
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 Sections 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 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.
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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 fiends received, their source, all expenditures there from
and the propose 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 constriction 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. hi 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
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 pen-nits on one-half of the lots created by the development,
whichever occurs later.
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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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