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HomeMy WebLinkAboutORD 328ORDINANCE NO. 328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.48.060 OF THE SUBDIVISION ORDINANCE RELATING TO PARK DEDICATION REQUIREMENTS, A CLASS 5 CEQA CATEGORICAL EXEMPTION. WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of January, 1983, review the proposed amendment as shown in the attached Exhibit A; WHEREAS, said amendment is designed to bring the Subdivision Ordinance into conformance with state law; WHEREAS, the director of environmental services has determined that the amendment is a Class 5 CEQA categorical exemption; and, WHEREAS, said revision would be in the furtherance of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Subdivision Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on the 10th day of February, 1983, by the following vote, to wit: AYES: JACKSON, KELLY, PULUQI, SNYDER & WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA R. GTIXIGAN, Cit le City of Palm Desert, C f nia /lr ORDINANCE NO. 328 EXHIBIT A 26.48.060 Dedication of land and fees for park and recreation purposes. A. For residential subdivisions of greater than 50 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 5 acres per 1000 population projected to inhabit said 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 50 lots or less, the subdivider shall pay a fee equivalent to 5 acres per 1000 population projected in said subdivision. Fees shall be calculated according to procedure set forth in Subsection A. 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. 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. Park and recreation purposes shall include F. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements fo 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 ordinance. 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 in 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.