ORD 077 ORDINANCE NO. 77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE CITY SUBDIVISION REGULATIONS BY
ADDING THERETO PROVISIONS RELATIVE TO MAJOR THOROUGHFARE
AND BRIDGE BENEFIT DISTRICTS AND PARKLAND DEDICATION OR
FEES.
THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS:
SECTION 1. A new SectiOn 10.26 is added to County of Riverside
Ordinance No. 460, as adopted by the City as its Subdivision Requlations by
Section 16.02.010 of the Municipal Code, to read as follows:
10.26. MAJOR THOROUGHFARE AND BRIDGE BENEFIT DISTRICTS.
10.26 A. Title.
This section shall be known as the "Major Thorough-
and Bridge Benefit District Law" of the City of La Quinta.
10.26 B. Authority.
This section is enacted pursuant to the authority
contained in the Subdivision Map Act, Section 66484 et seq. of
the Government Code of the State.
10.26 C. Purpose.
This section may be used to require the payment of
fees as a condition of the approval of a final map or as a condi-
tion of issuing a building permit for the purposes of defraying the
actual or estimated cost of constructing bridges over waterways,
railways, freeways, or canyons or constructing major thoroughfares.
10.26 D. Reference to the General Plan.
This section shall be applicable and may be used
where the circulation element of the general plan and, in the case
of bridges, to the transportation or flood control provisions
thereof which identify railways, freeways, streams, or canyons for
which bridge crossings are required on the general plan or local
roads and in the case of major thorouqhfares, to the provisions of
the circulation element which identify those major thoroughfares
whose primary purpose is to carry through traffic and provide a
network connecting to the state highway system. The Circulation
Element requiring such major thoroughfares and bridge crossings
shall have been adopted for at least thirty (30) days prior to
the filing of a map or application for a building permit.
10.26 E. Benefit areas.
As directed by the City Council, for any area
requiring the payment of fees for major thoroughfares or bridge
crossings pursuant to this section, the City Engineer shall
propose the formation of a benefit district. The Council shall
adopt for each such area a resolution of intention to establish
such a benefit district. The resolution of intention shall
reference the boundaries of the benefited district and shall
direct the engineer of the work to prepare a report regarding the
proposed costs and the proposed collection of fees.
10.26 F. Public hearings.
Upon the receipt of the report of the engineer, the
Council shall set a public hearing for each area benefited. Notice
shall be given pursuant to Section 65901 of the Government Code of
the State. In addition to the requirements of said Section 65901,
the notice shall contain preliminary information related to the
boundaries of the area of benefit, the estimated costs, and the
method of fee apportionment. The area of benefit may include land
or improvements in addition to the land or improvements which are
the subject of any map or building permit application considered
at such proceeding.
10.26 G. Allocation of costs.
At such public hearing, the Council, by resolution,
shall establish the boundaries of the area of benefit, the actual
or estimated costs, and a fair method of the allocation of costs
to the area of benefit and fee apportionment. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement, except
where the abutting property is provided direct usable access to the
major thoroughfare. A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated
in the resolution. A certified copy of the resolution shall be
recorded with the County Recorder. The apportioned fees shall be
applicable to all property within the area of benefit and shall be
payable as a condition of the approval of a final map or as a
condition of issuing a building permit for such property or portions
thereof. Where the area of benefit includes lands not subject to
the payment of fees, the Council shall make provision for the payment
of the share of improvement costs apportioned to those lands from
other sources.
10.26 H. Thoroughfare fees.
The payment of fees shall not be required unless
the major thoroughfares are in addition to, or a reconstruction of,
any existing major thoroughfares serving the area at the time of the
adoption of the boundaries of the area of benefit.
10.26 I. Bridge fees.
The payment of fees shall not be required unless
the planned bridge facility is an original bridge serving the area
or an addition to an existing bridge facility serving the area at
the time of the adoption of the boundaries of the area of benefit.
Such fees shall not be expended to reimburse the cost of existing
bridge facility construction.
10.26 J. Written protests.
Written protests to the payment of fees may be made
by property owners affected by the proposed collection of fees
up until the close of the public hearing. If, within such time,
there are written protests by the owners of more than one-half (½)
of the area of the property to be benefited by the improvements,
and sufficient protests are not withdrawn so as to reduce the area
represented to less than one-half (½) of that to be benefited, then
the proposed proceedings shall be abandoned, and the Council, for
one year after the filing of such written protest, shall not
commence or carry on any proceedings for the same improvement
or acquisition under the provisions of this section. Any protest
may be withdrawn by the owner making the protest, in writing, at
any time prior to the conclusion of a public hearing held pursuant
to this section.
10.26 K. Deposit of fees.
Fees paid pursuant to this section shall be deposited
in a planned bridge facility or major thoroughfare fund. A fund
shall be established for each planned bridge facility or each planned
major thoroughfare project. If the benefit area is one in which more
than one bridge is required to be constructed, a fund may be so
established covering all of the bridge projects in the benefit area.
Moneys in such fund shall be expended solely for the construction or
reimbursement for construction of the improvement serving the area
to be benefited and from which the fees comprising the fund were
collected or to reimburse the City for the cost of constructing the
improvement.
10.26 L. In lieu considerations.
The Council may accept considerations in lieu of
the payment of fees.
SECTION 2. A new section 10.27 is added to County of Riverside
Ordinance No. 460, as adopted by the City, as its Subdivision Regulations
by Section 16.02,010 of the Municipal Code, to read as follows:
10.27. DEDICATION OF LAND AND PAYMENT OF FEES FOR PARK AND
RECREATION PURPOSES.
10.27 A. Authority and purpose.
This section is enacted pursuant to the authority
of Government Code Section 66477 for the purpose of requiring the
dedication of land or payment of fees, in lieu thereof, for park
and recreational purposes, as a condition to approval of a tenta-
tive map or parcel map.
10.27 B. Requirements.
For residential subdivisions of greater than 50
lots, the subdivider shall dedicate land or pay a fee, or combi-
nation thereof, in such ratio as recommended by the commission and
approved by the council. For residential subdivisions containing
50 lots or less, the subdivider shall pay a fee only. All fees
shall be equivalent to 3 acres per 1000 population projected to
inhabit said subdivision.
All dedications shall be equivalent to 3 acres per
1000 population projected to inhabit said subdivision. All fees
shall be based on the average appraised current market value of
the undeveloped land in the subdivision as determined by the
county assessor. 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.
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.
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.
10.27 C. Use of land and/or fees.
All land to be dedicated for park or recreational
purposes shall be found to be suitable by the commission and the
appropriate 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 "recrea-
tional community gardening", which activity consists of the cultiva-
tion by persons other than, or in addition to, the owner of such
land, of plant material not for sale. Land to be dedicated may
include all or part of a proposed facility. All fees are to be
used for the purpose of developing new or rehabilitation of
existing neighborhood or community park or recreational facilities
to serve the subdivision inhabitants.
10.27 D. Credits.
If the subdivider is required to provide 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.
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.
SECTION 3. This ordinance is intended to provide an alternative
method for providing major thoroughfares and bridges and land for park
and recreation purposes. The city has also enacted Resolution No. 85-26
establishing a community infrastructure fee which contains, in certain
components thereof, fees for similar purposes. To the extent a subdi-
vider provides land or fees for the purposes set forth in this ordinance,
said subdivider shall receive reasonable credits therefore against
payment of said community infrastructure fee, in an amount to be
determined by the city council.
SECTION 4. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such
holding or holdings shall not affect the validity of the remaining
portions of this ordinance. The Council declares that it would have
passed this ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force
and effect thirty (30) days after its adoption.
SECTION 6. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the three
public places designated by resolution of the City Council; shall certify
to the adoption and posting of this ordinance; and shall cause this
ordinance and its certification, together with proof of posting, to be
entered in the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on this 5th day of June, 1985, by the following
vote:
AYES: Council Members Allen, Bohnenberger, Pena, Wolff and Mayor Cox.
NOES: None.
ABSENT: None.
ATTEST:
: APPROVED AS TO CONTENT:
~'~ " '~~NAGER
Y
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 77 which was adopted at a
regular meeting held on the 5th day of June
1985, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
FRANK M. USHE~rk
City of La Quinta, California