Chapter 17.86
Dedications and Exactions
Sections:
17.86.030 Reservations of Land for Public Facilities
17.86.040 Right-of-Way Dedications
17.86.010 - Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval. This Chapter shall not govern the review and approval of coastal development permits.
17.86.020 - Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of fees.
B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the Tentative Map.
17.86.030 - Reservations of Land for Public Facilities
As a condition of approval of a Tentative Map, the City may require the subdivider to reserve sites appropriate in area and location for fire stations, libraries or other public uses, pay an in-lieu fee or both at the option of the City in compliance with this Section.
A. Standards for reservation of land.
1. Location of land. Where a fire station, library, or other public use is shown in the General Plan or applicable Specific Plan, the subdivider may be required by the City to reserve sites as determined by the City in compliance with the standards in the applicable plan.
2. Configuration. The reserved area shall be of a size and shape that will permit the balance of the property to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by Subsection B.
B. Procedure for reservation of land. The public agency for whose benefit an area has been reserved shall at the time of approval of the Parcel or Final Map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.
C. Purchase price of reserved land. The purchase price shall be the market value of the land at the time the Tentative Map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.
D. Termination of reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in Subsection B. (Procedure for Reservation of Land), the reservation shall automatically terminate.
17.86.040 - Right-of-Way Dedications
A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements.
B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters’ rights, in compliance with the City’s improvement standards.
C. Rights-of-way, generally. Rights of way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a City-maintained road of insufficient width, or when the existing right of way is not deeded, the subdivider shall dedicate right of way sufficient for the ultimate facility.
D. Limited access designation. Whenever the review authority finds a safety hazard would be created as the result of direct access from any parcel to any existing or proposed street, the review authority may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to the street from any property shown on a Final Map as abutting the street, and that if the dedication is accepted, the waiver shall become effective in compliance with the provisions of the waiver of direct access. The review authority may also require waivers of access to an existing street already dedicated which abuts the subdivision.
E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision may be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if deemed necessary by the City Engineer, and if, in compliance with Map Act Section 66475.2:
1. The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and
2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.
F. Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plans, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.