Chapter 26.48

NEIGHBORHOOD AND COMMUNITY PUBLIC FACILITIES

It is the purpose and intent of the provisions of this chapter to require the reservation or dedication of land directly benefiting the regulated subdivision in order to provide for necessary public facilities including, but not limited to, sites for parks and recreational areas, open space, or other public facilities as deemed necessary. In addition to requirements for reservation and dedication of lands, provision is made in this chapter for the payment of fees in lieu thereof for the acquisition of lands outside of the regulated subdivision, which lands will provide equivalent sites for the purposes set forth in this chapter to benefit the regulated subdivision. In each case it is the intent that the subdivision will receive the direct benefit upon which the exaction was postulated.

(Ord. 125 § 1, 1976, Exhibit A § 26.15-1)

The subdivider may be required to reserve sites, appropriate in area and location, for necessary and desirable neighborhood facilities, such as parks and playgrounds. Such sites shall be located in accordance with the principles and standards contained in this chapter or expressed in the general plan. School sites may be required to be dedicated in accordance with the provisions of Section 66478 of the Map Act. Recreation sites shall be dedicated in accordance with the provisions of Section 64477 of the Map Act and the provisions of this code, or in the alternative a fee shall be paid as required in this chapter.

(Ord. 125 § 1, 1976, Exhibit A § 26.15-2)

The neighborhood facilities needed shall be determined on the basis of the estimated number of families in the area to be served by the facilities. (Ord. 125 § 1, 1976, Exhibit A § 26.15-3)

The definition of service areas determining the need for neighborhood facilities at the district or community level shall be based on the general plan. The planning neighborhood will normally provide the basis for estimating the number of families to be served by facilities at the local level. A planning neighborhood shall insofar as possible exhibit the following characteristics:

• A. It is bounded, rather than bisected, by major thoroughfares or other substantial land use or natural barriers to pedestrian traffic.

• B. It is usually not over a mile in extent in any direction.

• C. It contains a minimum of five hundred families.

• (Ord. 125 § 1, 1976, Exhibit A § 26.15-4)

The following principles and standards are intended to serve as a general guide in determining the neighborhood facilities for which sites normally will be required:

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.48.050

§ 26.48.060

• A. Wherever possible, playground and neighborhood recreation areas shall be developed in conjunction with elementary school sites.

• B. Where ravines, including natural waterways, are included within the boundaries of a subdivision, such ravines may, at the discretion of the city, be reserved for public use, including recreation and the disposal of stormwaters. These purposes may be accomplished through dedication and/or storm drainage and scenic easements.

• (Ord. 125 § 1, 1976, Exhibit A § 26.15-5)

• A. For residential subdivisions of greater than fifty lots, the subdivider shall dedicate land or pay a fee, or combination thereof, in such ratio recommended by the commission and approved by the council. Dedication shall be equivalent to five acres per one thousand population projected to inhabit the subdivision. The fee shall be based on the average appraised current market value of the undeveloped land in the subdivision as determined by the county assessor.

• B. For subdivisions containing fifty lots or less, the subdivider shall pay a fee equivalent to five acres per one thousand population projected in the subdivision. Fees shall be calculated according to procedure set forth in subsection A of this section.

• C. Projected population shall be calculated by multiplying the number of units to be constructed by the average household size for the entire city as shown on the latest federal census or a census taken pursuant to Section 40200, Chapter 17 of Part 2 of Division 3 of Title 4 of the Government Code.

• D. All land to be dedicated for park or recreational purposes shall be found to be suitable by the commission and the cognizant recreation agency subject to council approval as to locations, parcel size, and topography for the park. Park and recreation purposes may include active recreation facilities such as playgrounds, playfields, gardens, pedestrian or bicycle paths or areas of particular natural beauty, including canyons, hilltops and wooded areas to be developed or left in their natural state. Also included are land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.

• E. Land to be dedicated may include all or part of a proposed facility. Fees are to be used for the purpose of developing new or rehabilitation of existing park or recreational facilities to serve the subdivision.

• F. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

• G. If the subdivider provides park and recreational 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 or dedication of land required by this section.

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City of Palm Desert, CA

PALM DESERT CODE

§ 26.48.060

§ 26.48.060

• H. Planned developments and real estate developments, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, shall be eligible to receive a credit, as determined by the council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

• I. The provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives 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.

• (Ord. 125 § 1, 1976, Exhibit A § 26.15-6; Ord. 328, 1983)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.49.010

§ 26.49.050