Indio Municipal Code § 514.05 Determination of Dedication, Fees, or Combination

[Ord. No. 1834, 6-3-2026]

Authority and Purpose.

A.

1. This chapter is enacted pursuant to the authority granted by California Government Code Section 66477, and shall be interpreted to be consistent with the provisions thereof.

2. The park and recreational facilities for which dedication of land and/or payment of a fee is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the city's general plan, any specific plan adopted pursuant thereto, and any other adopted city resolution, policy, or standard.

Conflict With Other Laws.

B.

1. With respect to its subject matter, this Chapter supersedes all other ordinances or regulations of the city.

2. This Chapter shall not supersede other ordinances or regulations of the city, except as expressly stated in this Chapter.

Exemptions.

C.

1. The provisions of this section shall not apply to commercial or industrial subdivisions; nor to condominium or stock cooperative projects, which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.

2. Nonresidential subdivisions containing less than five parcels.

a. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section.

b. However, in that event, a condition may be placed on the approval of a parcel map that, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.

Cross-reference: General dedication requirements, see Section 5.12.02

[Ord. No. 1834, 6-3-2026]

A. As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision or a multiple family residential project, the subdivider/developer shall be required to dedicate land, pay a fee in lieu thereof, or both:

1. At the option of the city;

2. In an amount determined pursuant to this Chapter;

3. For park or recreational purposes, unless the subdivider/developer is exempted from this requirement by the express provisions of this Chapter.

B. 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 Chapter.

Cross-reference: General dedication requirements, see Section 5.12.02

[Ord. No. 1834, 6-3-2026]

General.

A. If the park dedication is required under § 5.14.02, the park area required shall be determined in accordance with the standards provided in this section.

Standard of Park Area to Population.

B.

1. It is found and determined that the public interest, convenience, health, safety and welfare of the residents of the city require that three acres of property for every 1,000 persons residing within the city 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.

2. Said ratio of three acres per thousand population is hereafter referred to as the park area standard.

Dwelling Unit Occupancy Factor.

C.

1. Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows:

2. These figures may be revised from time to time by resolution of the City Council.

Computation of Area of Park to Be Dedicated.

D. The dedication of park land required for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by 0.003 (i.e., the ratio of the park area standard of three acres to 1,000 population). This is represented as follows: (number of dwelling units) (occupancy factor) (3/1,000) = area of park to be dedicated

Qualification of Land Being Dedicated.

E. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the criteria specified in § 5.14.05D(1).

F. Costs of acquisition and development of land per the Fee Schedule adopted by the City Council and as amended periodically.

[Ord. No. 1834, 6-3-2026]

A. Pursuant to § 5.14.05, the subdivider/developer may pay the city a fee in lieu of making such dedication.

B. The fee shall be set by City Council.

C. The subdivider/developer shall have the option to submit a fair market appraisal report prepared by a licensed real estate appraiser in the State of California to establish a project specific Quimby in-lieu of fee. This report shall be prepared in conformance with this Chapter. The Director of Community Development shall have the authority to review and accept or reject the fee specified in the report, provided, that if there is 10% or less difference in the fee specified in the appraisal report and the adopted fee, the Director shall accept the appraisal report fee.

[Ord. No. 1834, 6-3-2026]

Dedication Generally Required.

A.

1. 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 subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the subdivider shall dedicate land for a park and provide recreational facilities thereon as provided in this Chapter, unless the city determines that dedication is not desirable as provided in this section.

2. 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 subdivider shall pay the difference.

In-Lieu Fees.

B.

1. Where no park or recreational facility located, in whole or in part, within the proposed subdivision is designated in the general plan of the city or other adopted resolution policy or standard of the city, the subdivider shall, in lieu of dedicating land, pay a fee computed in accordance with § 5.14.04B.

2. In-lieu fees shall be used for park and recreational purposes, serving the residents of the area being subdivided and other members of the public.

Combination of Land and Fees.

C. The city may accept a combination of land and fees, with the respective amounts to be determined at the sole discretion of city, so long as the aggregate fair market value plus in-lieu fees does not exceed the limits established in this Chapter.

Determination of Land or Fee.

D.

1. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be at the city's sole discretion, and shall be determined by consideration of the following:

a. The provisions of the city's general plan, any specific plan adopted thereto, and any other adopted city resolution, policy, or regulation;

b. The topography, geology, access, and location of the land in the subdivision available for dedication;

c. The size and shape of both the subdivision, and of the land available for dedication;

d. The feasibility of dedication;

e. The access and location of other park sites to the subdivision; and

f. The need to develop, improve and rehabilitate other accessible park sites.

2. 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.

In-Lieu Fees for Subdivisions of 50 Parcels or Less.

E. If the subdivision contains 50 parcels or less, only the payment of in-lieu fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.

Cross-reference: General dedication requirements, see § 5.12.02

[Ord. No. 1834, 6-3-2026]

Public Parks.

A. The subdivider 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 subdivider in conjunction with any public park. The value of such improvements shall be determined by the city based upon fair market value.

Private Parks.

B.

1. In conjunction with any planned development, real estate development, stock cooperative, community apartment or condominium, as defined by State law, if the subdivider provides private open space, as defined in Chapter 5.02, then the subdivider may receive a credit equal to the fair market value of that space against the park dedication requirement of this Chapter, but such credit shall not exceed one-third of such requirement. This land and facilities can be credited against the dedication and payment requirements established in this Chapter, when the following criteria are met:

2. That the private park land meets a minimum size requirement equivalent to one-third (0.33) acre per 20 parcels;

3. That the proposed private park land is open and accessible to the public;

4. That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as its size, shape, topography, geology, access, and location;

5. That the following areas or subdivision design features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, meandering streams, flood retention facilities, and circulation improvements, such as bicycle, hiking, and equestrian trails;

a. That the location of the land provides convenient access to housing and schools;

b. That retention basins shall not be used for recreation and will not be considered private parks;

c. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and

d. That the use of the private park land is perpetually restricted for park and recreational purposes that 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 subdivision.

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 subdivision for active recreational uses.

Application of Credits.

C. The credits provided in this section shall be applied to reduce the subdivider's obligation to dedicate and/or pay an in-lieu fee as required under this Chapter, but only to the extent of such credit.

[Ord. No. 1834, 6-3-2026]

A. 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 subdivision.

1. In accordance with California Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid may be for both neighborhood and community parks.

2. Such fees may be used to improve or rehabilitate existing parks.

3. Such fees may be used to purchase land, construct a venue, or rehabilitate a venue where a variety of cultural activities could take place.

B. Fees paid by a subdivider pursuant to this Chapter may be spent to develop, improve and rehabilitate community and neighborhood parks, even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the park and the amount of the fees.

[Ord. No. 1834, 6-3-2026]

At the sole discretion of the city, all fees shall be paid directly to the City Cashier at the time of building permit issuance, or at the city's discretion pursuant to a development agreement.

[Ord. No. 1834, 6-3-2026]

City's Schedule.

A.

1. The Community Development Director 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.

2. Any fees collected under this Chapter shall be committed within five years after the payment of such fees or the issuance of building permits on 1/2 of the lots created by the subdivision, whichever occurs later.

Subdivider's Schedule.

B.

1. In the event that the subdivider improves or develops parks for public or private ownership, he or she shall prepare a schedule specifying when, how and where the park or recreational facilities serving the residents of the subdivision will be developed.

2. This schedule will be required as a condition of subdivision map approval.

[Ord. No. 1834, 6-3-2026]

Approval of Subdivision Map.

A.

1. Unless otherwise expressly provided in this Chapter, the advisory body shall make any decision or action required by the city pursuant to this Chapter, after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map.

2. Such a decision or action shall be a condition of approval of the subdivision map.

Appeals.

B.

1. Any person may appeal a determination of the advisory body made pursuant to this Chapter.

2. Appeals shall be made as provided in § 30.89 of the Indio Municipal Code.