The city council finds and determines as follows:
A.
As recognized by both state and local law, child care has become an increasingly important community service that is difficult for many families to secure due to lack of available facilities and spaces and/or because of cost. Good quality child care services are an essential service for working parents and such child care facilities can contribute positively to a child's emotional, cognitive and educational development. The state has acknowledged the need for quality child care facilities in both the Health and Safety Code and the Government Code. Similarly, the city's general plan states that the city should encourage the availability of adequate, convenient, affordable child care that is accessible to all economic segments of the community.
B.
The purpose of this chapter is to create a child care facilities impact mitigation fee that will apply to new, nonresidential development in the city. This fee will further the public health, safety and welfare by funding the construction of needed child care facilities in the city. This chapter is thus consistent with both the state's policy of encouraging quality child care facilities and with the city's general plan. The city has the authority to enact the ordinance codified in this chapter pursuant to Article XI, Section 7 of the California Constitution and in accordance with the Mitigation Fee Act, Government Code Section 66000 et seq.
C.
Based on the findings of the city of Palm Desert, the purpose of the child care facilities impact mitigation fee enacted by this chapter is to fund required capital improvements to create new child care facilities or new spaces or improvements to existing child care facilities in the city that will be available to serve the new employees working in new, nonresidential developments in the city. The city council finds that nonresidential development results in businesses whose employees require child care. This child care facilities impact mitigation fee requires new nonresidential development to pay its reasonable share of the increased need for child care facilities generated by such development.
D.
The city will use the child care facilities impact mitigation fee to construct or cause the construction of new child care facilities or for the expansion or improvements of existing child care facilities in the city. Without limitation due to enumeration, the city shall use the child care facilities impact mitigation fee to construct or cause the construction of new day care centers, new family day care homes and the expansion of existing day care centers and family day care homes. The city's use of the child care facilities impact mitigation fee shall be consistent with the city's child care facilities master plan, which may be updated from time to time. Recipients of child care impact fees shall be required to enter into agreements that secure to the city, over time, the benefits derived from those investments, ensuring that the objectives of this chapter are achieved.
E.
There is a reasonable relationship between the need for the facilities identified in the city's child care facilities master plan and the types of development projects upon which this fee is to be imposed. New, non-residential development in the city generates new businesses that need new employees. Many of these new employees require child care facilities. The city anticipates that nineteen thousand five hundred new jobs will be created through build-out of the parcels with nonresidential land use designations in the city's general plan. As more particularly stated in the city's child care facilities impact fee nexus study, it is estimated that these new jobs generated by this new nonresidential development will create the need for a substantial number of child care spaces in the city. This need created by this new development may be satisfied by the construction of new day care centers or family day care homes or by the expansion of such facilities. Therefore, the facilities to be funded by the child care facilities impact mitigation fee bear a reasonable relationship to the type of development project on which this fee is to be imposed.
F.
The use of the child care facilities impact mitigation fee bears a reasonable relationship to the type of development project on which this fee is to be imposed. The city will use the fee to construct or cause the construction of new, expanded or improved child care facilities. As documented in the child care facilities impact fee nexus study, these new, expanded or improved facilities are needed to address the needs of new employees working at the new, nonresidential developments to which the fee applies. Therefore, the fee's use bears a reasonable relationship to the type of development project on which this fee is to be imposed.
G.
In any action imposing this child care facilities impact mitigation fee as a condition of approval of a development project, the city shall determine how there is a reasonable relationship between the amount of the fee and the cast of the facility or portions of the facility attributable to the development on which this fee is to be imposed.
(Ord. 1101 § 1, 2005)