Ione Municipal Code Ch. 16.50 Parks and Recreational Facilities

This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and recreational facilities for which dedication of land and/or payment of fee is required shall be in accordance with the conservation and open space element of the general plan. Land dedication under this chapter shall conform to the city general plan, to any adopted specific plan, and the applicable provisions of Section 66477 of the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

This requirement for land dedication and/or in-lieu fee shall be separate from any park impact fee established by resolution of the city council to address improvements to existing parks and construction of new parks as is necessary to support the increase in population provided through new development.

(Ord. No. 431, § 2, 2-2-2010)

It is found and determined that the public interest, convenience, health, welfare and safety require that no less than five acres of property for each 1,000 persons residing within the city be devoted to local recreation and park purposes.

(Ord. No. 431, § 2, 2-2-2010)

A. When Parkland Dedication Required. Where a recreational or park facility has been designated in the general plan or a specific plan, 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, the subdivider shall dedicate land for a local recreation or park facility sufficient in size and topography to serve the residents of the subdivision.

B. Calculation of Required Parkland Dedication.

1. The amount of land to be dedicated shall be determined according to the formula D x F = A in which:

a. D = The number of dwelling units;

b. F = A "factor" herein described;

c. A = The buildable acres to be dedicated.

2. A buildable acre is a typical acre of the subdivision, with a slope less than ten percent, and located in other than an area on which building is excluded because of flooding, public rights-of-way, easements, or other restrictions.

3. The factors below are constants that, when multiplied by the number of dwelling units permitted in the subject area, will produce five acres per 1,000 population. The factors referred to in subsection (B)(1)(b) are as follows:

FS = .0133 relating to single-family dwelling units;

FT = .0074 relating to two-family dwelling units;

FM = .0079 relating to multiple-family dwelling units;

Fmh = .0117 relating to mobilehome dwelling units.

C. Determination of the Number of Dwelling Units on Multifamily Parcels. Unless the subdivider enters into an agreement with the city for a lower density, the number of dwelling units on multifamily parcels or parcels created by a tentative map that will be further subdivided shall be determined as follows:

1. When a rezoning application accompanies the tentative map, the number of dwelling units shall be calculated according to the highest density of the zoning designation applied for;

2. When a rezoning application does not accompany the tentative map, the number of dwelling units shall be calculated according to the highest density of the existing zoning designation or existing specific plan density designation, whichever allows the highest density.

Provided, however, that if all or a portion of the parkland dedication requirement is satisfied by payment of fees under Section 16.64.040 and, upon completion of build-out of the multifamily parcel or the recording of the final map for the last resubdivision of a parcel created by a master parcel map, the actual number of dwelling units built or number of single-family lots created is less than the number of dwelling units determined under subsections (C)(1) or (C)(2) of this section, then the subdivider may, within five years after payment of the fee, apply for a refund, without interest, of the difference between the fee actually paid and a fee calculated on the basis of the actual density.

D. Determination of the Number of Dwelling Units—Halfplex Units. Where halfplex lots are included in a predominantly single-family subdivision, and the development of the halfplex units will not cause the density of the subdivision to exceed the maximum density allowed in the underlying zoning district, the halfplex units shall be considered two-family dwelling units.

E. Required Improvements on Dedicated Land. The subdivider shall:

1. Provide full street improvements, including but not limited to, curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land which is dedicated pursuant to this chapter;

2. Provide for chain link fencing meeting city standards along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved surface drainage through the site; and

4. Provide other improvements which the designated approving authority determines to be essential to the acceptance of the land for recreational purposes.

(Ord. No. 431, § 2, 2-2-2010)

A. If there is no park or recreational facility designated in the city's general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, and/or where the designed approving authority requires the payment of in lieu fees, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in Section 16.50.030 of this chapter and in an amount determined in accordance with the provisions of Section 16.50.060 of this chapter, such fee to be used for recreational and park facilities which will serve the residents of the area being subdivided.

B. If the proposed subdivision contains ten parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section 16.50.030 of this chapter, and in an amount determined in accordance with the provisions of Section 16.50.060 of this chapter.

(Ord. No. 431, § 2, 2-2-2010)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value as described below, plus 20 percent for off-site improvements such as utility line extensions, curb, gutter, and pavement, and street lights.

For purposes of calculating the in-lieu fee under this section, the fair market value shall be determined in the following manner:

A. The subdivider shall request that an appraisal be prepared pursuant to the procedures set forth below, and shall pay the in-lieu fee based upon the fair market value established in that appraisal.

B. Upon request of the subdivider, the city shall cause an appraisal to be made. The appraisal shall be made at the subdivider's expense, payable to the city in advance, by a person on the city's list of approved appraisers, who will be qualified as a certified general real estate appraiser by the California Office of Real Estate Appraisers, and shall meet the standards specified in the Uniform Standards of Professional Appraisal Practice. The appraiser shall appraise the property at its unencumbered (free and clear) value, as if at the approved Tentative Map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid off in full prior to the date of appraisal. Factors to be considered during the evaluation shall include the following:

1. Conditions of the tentative subdivision map;

2. The general plan;

3. Zoning and density;

4. Property location;

5. Off-site improvements facilitating use of the property;

6. Site characteristics of the property;

7. Existing public improvements.

C. The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value of the property.

(Ord. No. 431, § 2, 2-2-2010)

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. Said fees may also be used for the development of recreational areas and facilities on public school grounds which provide a desirable recreational site and immediate access to a public street.

(Ord. No. 431, § 2, 2-2-2010)

Where the proposed subdivision lies within an area not then but to be included within the city's general plan (e.g., a future growth area), the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city's general plan and in accordance with the provisions of this chapter.

(Ord. No. 431, § 2, 2-2-2010)

Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

A. Recreation and parks plan, and conservation and open space element of the city's general plan;

B. Topography, geology, access and location of land in the subdivision available for dedication;

C. Size and shape of the subdivision and land available for dedication;

D. Feasibility of dedication;

E. Compatibility of dedication with the city's relevant parks master plan(s); and

F. Availability of previously acquired park property.

The determination of the designated approving authority as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. No. 431, § 2, 2-2-2010)

Any fee collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then-record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. No. 431, § 2, 2-2-2010)

A. The city may grant credits for privately owned and maintained open space or local recreation facilities, or both, in planned developments as defined in Section 11003 of the Business and Professions Code, condominiums as defined in Section 783 of the Civil Code, and other common interest developments. Such credit, if granted in acres, or comparable in lieu fees, shall not exceed 25 percent of the dedication or fees, or both, otherwise required under this chapter, and shall be subtracted from the dedication or fees, or both, otherwise required under this chapter, provided:

1. Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be included in private open space and local recreation credit;

2. Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained;

3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the city.

B. Land or facilities, or both, which may qualify for credit towards the land dedication or in lieu fee, or both, will generally include the following types of open space or location recreational facilities; provided, however, that credit for each of the following categories shall not exceed five percent of the dedication or fees, or both, otherwise required under this chapter:

1. Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, including decks, lawned area, bathhouse, or other facilities developed and used exclusively for swimming and diving;

4. Recreation buildings, designed and primarily used for the recreational needs of the residents of the development;

5. Special areas, which are generally defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorcycle/bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake site or river beaches, improved access or right-of-way in excess of requirements, and similar type open space or recreational facilities which, in the sole judgment of the city, qualifies for a credit.

C. The designated approving authority shall grant credit for land dedicated and/or fees paid pursuant to this chapter under a previously approved final map or parcel map in the event a new map is submitted for approval. Such credit shall be subtracted from the dedication and/or fees required under this chapter for the new map; provided, that in no event shall the city be required to return any fees paid or any land dedicated as a condition of a previously approved final map pursuant to this section.

(Ord. No. 431, § 2, 2-2-2010)

The categories for credit for private open space and facilities described in Section 16.50.110 of this chapter shall be given equal weight, each category not to exceed 20 percent of the total which may be granted by the city. The designated approving authority may, however, upon petition of the subdivider, grant additional credit for each of the above categories if there is substantial evidence that:

A. The open space or recreational facilities is above average in aesthetic quality, arrangement or design;

B. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or

C. The open space or recreational facility is situated so as to compliment open space or local recreational facilities in other private or public developments.

(Ord. No. 431, § 2, 2-2-2010)

A. At the time of the hearing on the tentative subdivision map, the planning commission shall recommend to the city council, after reviewing the report and recommendation from the city planner, that land be dedicated or fees be paid, or both, by the subdivider for park or recreational purposes as a condition of approval of the subdivision map. The recommendation by the city planner or his designee shall include the following where applicable:

1. The amount of land to be dedicated;

2. That a fee be charged in lieu of dedication;

3. That both dedication and a fee be required;

4. That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in Section 16.50.110 of this chapter;

5. The location of the park land to be dedicated;

6. The approximate time when development of the park or recreation facility shall commence.

B. At the time of its hearing on the tentative subdivision map, the planning commission or city council shall determine the amount of land required to be dedicated under this chapter and Section 16.50.040 of this chapter, whether or not a fee is to be charged in lieu of any or all of the required dedication, whether a credit is to be given for private recreation facilities, unique natural and special features, or for any other reason provided in Section 16.50.110 of this chapter, and the location of the park land to be dedicated, if any. In making its determination, the city council shall be guided by the standards contained in this chapter where applicable.

C. At the time of the filing of a final map or parcel map including the same amount of land as included in the applicable tentative map, the subdivider shall dedicate the land and/or pay the fees, as previously determined by the planning commission or the city council. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final map.

(Ord. No. 431, § 2, 2-2-2010)

The provisions of this chapter shall not apply to subdivisions:

A. Not Used for Residential Purposes. Provided, however, that a condition shall be placed on the approval of such subdivision that if a building permit is requested for construction of a residential structure or structure on one or more of the parcels within four years of the filing of the map, the owner of each such parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map.

B. To permit separate ownership of two or more existing residential dwelling units when all such units are more than five years old and no new units are added.

(Ord. No. 431, § 2, 2-2-2010)

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the designated approving authority if the authority determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents.

(Ord. No. 431, § 2, 2-2-2010)

If, during the ensuing times between dedication of land for park purposes and the commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as gift of park land or change in school location) by mutual agreement of the subdivider or owner and the city council, the land may be sold upon the approval of the city council with the resultant funds being used for the purchase of a more suitable site.

(Ord. No. 431, § 2, 2-2-2010)

A. At the time of the filing of a final map or parcel map including less land than was included in the tentative map, the city planner shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final map or parcel map.

B. If the designated approving authority determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the payment of a fee and/or that land located within the proposed final map or parcel map be dedicated and the amount of such land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land and/or pay the fees at the time of filing the final map or parcel map.

C. If the designated approving authority determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final map or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A of this section, the city planner shall recommend that the subdivider complete one or more of the following at the discretion of the city planner:

1. Dedicate full title to part of the parksite;

2. Dedicate an undivided partial ownership interest in entire parksite;

3. Dedicate as specified in subsections (C)(1) or (C)(2) of this section and enter into an agreement with the city to reserve the undedicated portion;

4. Solely pay in-lieu fees;

5. Be granted credit(s) in accordance with Sections 16.50.110 and 16.50.120 of this chapter.

If the subdivider concurs with the recommendation of the city planner, the subdivider shall dedicate the land and/or pay the fees in accordance with the recommendation prior to filing the final map or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

If the subdivider objects to the recommendation of the city planner, the city council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credits shall be granted. Prior to filing the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees, as determined by the city council. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

D. Nothing in subsection C of this section shall be construed to:

1. Require the dedication of land located outside the proposed final map or parcel map; or

2. Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A of this section.

(Ord. No. 431, § 2, 2-2-2010)