HomeMy WebLinkAboutStaff Report 196-08City of Palo Alto
City Manager’s Report
TO:
ATTN:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
APRIL 8, 2008 CMR: 196:08
RECOMMENDATION TO THE CITY COUNCIL TO ADOPT AN
ORDINANCE AMENDING CHAPTER 21.50 (PARK LAND
DEDICATION OR FEES IN-LIEU THEREOF) OF TITLE 21
(SUBDIVISIONS AND OTHER DIVISIONS OF LAND) OF THE
PALO ALTO MUNICIPAL CODE TO SET THE PARK LAND
DEDICATION REQUIREMENT TO FIVE ACRES PER
THOUSAND RESIDENTS
RECOMMENDATION
Staff recommends that the Policy and Services Committee recommend that the City
Council adopt an ordinance amending Chapter 21.50 (Park Land Dedication or Fees In-
Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto
Municipal Code to increase the park land dedication requirement from three acres per
thousand residents to five acres per thousand residents.
BACKGROUND
On June 5, 2006, the City Council approved an ordinance requiring that project
applicants dedicate park land when building condominiums or other types of residential
subdivisions (Ordinance 4907, also see CMR 246:06). The ordinance required three
acres of park land for every thousand residents, and allowed fees to be paid in-lieu for
projects with fifty or fewer units, and for larger projects with City Council approval. The
in-lieu fees are based on the value of the land that would otherwise be required, and are
intended to help the City purchase park land off-site to serve those new residents. To
make administration simpler, the City uses a strategy similar to other cities in the area,
determining the fair market value of land for the purposes of in-lieu fee calculation using
a general appraisal of land value throughout the city. The current land value used for in-
lieu fee calculation is $3.9 million per acre, which yields fees of $28,620 per single-
CMR: 196:08 Page 1 of 5
family unit and $19,620 per multi-family unit. The ordinance only applies to residential
subdivisions and condominiums. It does not apply to commercial subdivisions or
condominiums, home remodeling, construction of second units (except with a
condominium map), or demolition and replacement of existing homes.
DISCUSSION
The State Quimby Act permits cities to require more than three acres of park land per
thousand residents only if the ratio of existing park land to residents is higher, in which
case the city may require up to five acres per thousand residents. Palo Alto’s ratio of
neighborhood park land to residents is just under three acres per thousand, but the City
also maintains a substantial amount of open space for the enjoyment of its residents.
With open space included, the ratio is well above five acres per thousand, which allows
Palo Alto to require dedication of up to five acres of park land per thousand residents
generated by a proposed subdivision.
Park land Dedication Under Current and Proposed Standards
Since the adoption of the park land dedication ordinance, no new large residential
subdivision projects have been submitted, so the efficacy of the ordinance in enlarging
Palo Alto’s park land has not yet been tested. However, based on experience with two
recent projects for which park land was voluntarily dedicated, staff believes that the
three-acre-per-thousand requirement will be insufficient for the City’s needs. The
developers of these projects voluntarily dedicated parks to the City, one at 4249 E1
Camino Real (Summerhill Homes project at the Elk’s Lodge site) and one at 3445 Alma
Street (Alma Plaza). Each park was approximately a quarter-acre, which is what would
have been required by the park land dedication ordinance for developments that size.
While quarter-acre parks fill a need for the City, they are more expensive to maintain per
acre, and less accommodating of changing recreation, relaxation and sport needs. In the
case of these two projects, the size of the parks also made them less accessible to the
general public outside the bounds of the project.
Flexibility is a critical consideration for City park land. Parks in Palo Alto can fulfill a
variety of purposes, depending on size and configuration. Residents and visitors use Palo
Alto parks for active recreation, passive relaxation, and play. Parks also have an
aesthetic value to the city. The largest parks and open space areas are often used for
active recreation, such as field sports, hiking, or other outdoor activities. There is a high
demand for these active recreational spaces. Other parks, such as Heritage Park, are
primarily used for passive relaxation, a place to sit outdoors. Heritage Park also has a
play~ound, and therefore doubles as a play area. The smallest parks fulfill a single
purpose, such as Kellogg Park along Embarcadero Road, which is primarily an aesthetic
green space that breaks up the built environment. The larger parks and open space areas,
by contrast, can serve multiple purposes, offering active recreational areas, passive
recreation, scenic and aesthetic areas, and can even serve as educational resources.
CMR: 196:08 Page 2 of 5
The more functions a park can serve, the more valuable it is to the City and its users. The
smallest parks, which typically serve only a single purpose, are difficult to adapt to the
changing needs of the surrounding residents. Noise is more often a factor because there
is a smaller buffer zone between the active areas of the park and the surrounding homes,
and this further limits potential uses for the park. Maintenance is also more costly on a
per-acre basis. When maintaining a larger park, for example, there are economies of
scale in scheduling work crews, which lowers the maintenance costs per acre. While
small parks can be beneficial, experience has shown that a half-acre park is the smallest
that justifies the maintenance costs.
The smallest development that would generate a half-acre park under the current three-
acre-per-thousand park land standard is 100 units. A 51-unit development, the smallest
development for which land dedication is required under the current ordinance, would
only generate a quarter-acre park. Under a five-acre-per-thousand-resident standard, the
smallest park required would be .42 acres, and a 60-unit development would generate a
half-acre park. The attached ordinance amendment, therefore, will ensure that developers
propose only sizable parks that are cost-effective to maintain and flexible enough for
changing resident needs.
In-Lieu Fees
Raising the park land dedication requirement would also increase the in-lieu fees for
projects that are not required to dedicate park land, projects of 50 or fewer units. The
City currently uses a land value of $3.9 million per acre, based on a survey of
comparables within Palo Alto generated by an appraiser for the Department of Planning
and Community Environment. Based on that land value, the park land dedication in-lieu
fees for multi-family projects will be $32,600 per unit, while the fees for single-family
subdivisions will be $47,600 per unit. Combined with other development fees, the total
fees per unit for multi-family projects will be $35,000 to $37,000, while single-family
subdivisions would incur $51,000 to $54,000 per unit in fees. For comparison, the park
land dedication requirements and in-lieu fees of several other surrounding cities are
shown in Table 1, below. Most are lower than Palo Alto, either because they use a lower
fair market value, have a lower park land standard, or allow credits for private open
space.
Alternatives
When determining in-lieu fees, the City sets the fair market value that will be used to
calculate the fee (subject to challenge by the developer). If the City wished to raise the
land dedication requirements while maintaining the same fees, it could accept a lower fair
market value. A fair market value of $2.35 million would keep fees at the current level,
$19,600 per multi-family unit, and $28,600 per single-family unit.
CMR:196:08 Page 3 of 5
TABLE 1: Comparison of Park land Dedication Requirements
Palo Alto
(existing)
Palo Alto
(proposed)
Redwood
City
Menlo Park
Mountain
View
San Mateo
Sunnyvale
Park land
Dedication
Requirement
3 acres / 1,000 residents
5 acres / 1,000 residents
3 acres / 1,000 residents
5 acres / 1,000 residents
3 acres / 1,000 residents
2 acres / 1,000 residents
1.25 acres / 1,000
residents
Typical Credit for
Private Open
Space
25%*
60%
In-Lieu
Fees Per Unit
(after credit)
$19,600- $28,600
$32,600 - $47,600
$8,100 - $12,300
$45,000- $50,000
$20,000- $25,000
$6,900- 8,600
$9,400-$14,100
Land Value Used
to Calculate Fees
(per acre)
$3.9 million
$3.9 million
$1.9 million
Different for each
project, typically
$3.5 to 4 million
Different for each
project, typically
$3 to 4 million
Different for each
project, typically
$4 to 5 million
$4.2 million / acre
*Redwood City’s ordinance was adopted December 2007. The estimate of typical credit granted is based on very few projects.
POLICY IMPLICATIONS
This ordinance is consistent with Comprehensive Plan policy C-28, which prescribes use
of the National Recreation and Park Association Standards as guidelines for locating and
developing new parks. These guidelines state that neighborhood parks should be at least
two acres in size, supplemented when necessary by parks as small as one-half acre. It
also fulfills program C-23, "Study and recommend methods of private and public
financing for improved park maintenance, rehabilitation, and construction."
RESOURCE IMPACT
With a three-acre-per-thousand-resident park standard, projected fees over the next
twelve years are $15-25 million, or an average of $1.5-2 million per year. Increasing the
standard would mean $25-40 million collected over the next fifteen years, or an average
of $2-3 million per year. If the alternative proposal were adopted setting a lower fair
market value for calculation of the in-lieu fees, there would be no increase in fees
collected even if the parks standard were increased. In either case, revenues would be
highly variable from year to year, depending on whether new subdivisions were proposed
for development in Palo Alto.
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The ordinance could also generate an indeterminate amount of park land, depending on
fluctuating land values, the availability of suitable property for acquisition, whether large
parcels in the City are redeveloped, and whether those parcels are in an acceptable
location for park land. The cost of maintenance must be considered when purchasing or
accepting park land for dedication; current costs are $15,000 per acre annually, per the
2006-07 Service Efforts and Accomplishments Report.
Per the attached ordinance, the fair market value would be increased annually by the
Engineering News Record Construction Cost Index.
ENVIRONMENTAL REVIEW
Adoption of an ordinance setting a requirement for land dedication is not a project under
the California Environmental Quality Act (CEQA).
ATTACHMENTS
A. Ordinance amending Section 21.50 of the PAMC
PREPARED BY:
JQ~ABENDSCHEIN
Ad!ministrator
DEPARTMENT HEAD REVIEW: /~,Z-d~~
/~TEVE E19iSLIE
Director of Planning and Community Environment
CITY MANAGER APPROVAL:
EMILY Iq~RRISON
Assistant City Manager
COURTESY COPIES
Home Builder’s Association
Silicon Valley Association of Realtors
Palo Alto Chamber of Commerce
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