Chapter 16.22
DEDICATIONS

Sections:

16.22.010    General requirements.

16.22.020    Offer to dedicate easements to remain open.

16.22.030    Waiver of direct street access.

16.22.040    Parkland dedication—Requirement.

16.22.050    Parkland dedication—General standards.

16.22.060    Parkland dedication—Exceptions and in-lieu fees.

16.22.070    Parkland dedication—Partial credit for school sites and private open space.

16.22.080    Parkland dedication—Fees in lieu of land dedication.

16.22.090    Parkland dedication—Procedures.

16.22.100    Parkland dedication—Specific plan provisions.

16.22.110    Title insurance for dedication.

16.22.010 General requirements.

The subdivider, as a condition of approval of a tentative map, in conjunction with approval of a parcel or final map, shall grant whatever land or easements the city determines are necessary to fulfill the purposes of these regulations, in accordance with the Subdivision Map Act, the general plan, and adopted standards. Such dedication of parcels or easements and improvements may be required for the following uses:

A. Streets and alleys, including future streets;

B. Private streets (conditional dedication);

C. Pedestrian and bicycle paths;

D. Bus stops;

E. Public utilities;

F. Natural watercourses together with a riparian buffer zone, storm drains and flood-control channels, open space and agricultural resources;

G. Public access, including access for maintenance or fire protection;

H. Protection of scenic and environmentally sensitive lands;

I. Street trees;

J. Parks and recreation facilities;

K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas;

L. School sites as may be necessary in accordance with the Subdivision Map Act;

M. Sites to be preserved for public use as provided in the Subdivision Map Act;

N. Such other public purposes as the city may deem necessary, provided the amount of property required to be dedicated bears a reasonable relationship to the increased need for public facilities created by the subdivision;

O. Cultural resources. (Ord. 1490 § 3 (part), 2006)

16.22.020 Offer to dedicate easements to remain open.

If, at the time the parcel or final map is approved, any of the easements set out in Section 66477.2 of the California Government Code are rejected, the offers of dedication shall be irrevocable and the council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open any of those easements for public use. The acceptance shall be recorded in the office of the county recorder. (Ord. 1490 § 3 (part), 2006)

16.22.030 Waiver of direct street access.

The city may require that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 1490 § 3 (part), 2006)

16.22.040 Parkland dedication—Requirement.

As a condition of approval for a residential subdivision, the subdivider shall dedicate land, pay a fee in lieu of dedication, or both, at the option of the city, for park purposes as prescribed in the standards set forth in Sections 16.22.050 through 16.22.100. (Ord. 1490 § 3 (part), 2006)

16.22.050 Parkland dedication—General standards.

A. In order to implement the park and recreation element of the general plan and provide a reasonable amount of space for outdoor public recreation use, each new subdivision shall dedicate land equivalent to five acres for each one thousand residents expected to reside within the subdivision, except as provided in Sections 16.22.060, 16.22.070 and 16.22.100. In some subdivisions additional parkland dedication may be required as a discretionary action if a nexus between the subdivision and the need for additional parkland is justified. In no case shall the requirement exceed ten acres per one thousand residents.

B. The land to be dedicated shall be of sufficient size and suitable topography to meet the local park needs of the immediate and future residents of the subdivision. The expected population of the subdivision shall be determined by the city using the most recent census results for the type and size of dwellings proposed for the subdivision. (Ord. 1490 § 3 (part), 2006)

16.22.060 Parkland dedication—Exceptions and in-lieu fees.

The requirement to dedicate land may be waived when the city determines that:

A. The size of the subdivision, in terms of the number of proposed or potential dwellings, would result in the dedication of a land area less than the minimum area for neighborhood parks recommended in the general plan; or

B. The local park needs of the area to be subdivided have been satisfied, according to the park size and location criteria of the general plan, and further land area would not benefit present and future users of previously established parks; or

C. The subdivision contains fifty or fewer parcels. Units within condominium or cooperative projects shall be considered parcels. In these cases, the subdivider shall pay in-lieu fees as provided in Section 16.22.080. (Ord. 1490 § 3 (part), 2006)

16.22.070 Parkland dedication—Partial credit for school sites and private open space.

A. When the city determines that either a school site dedicated by the subdivider or a private recreation facility approved as part of the subdivision would provide permanent open space and facilities comparable to those customarily found in local parks, up to one-half the parkland dedication or in-lieu fees otherwise required may be waived.

B. The remaining part of the requirement shall be satisfied by the land dedication, in-lieu fees, or both.

C. The city shall determine the extent to which dedicated school sites or private open space fulfills the usual functions of public local parks. (Ord. 1490 § 3 (part), 2006)

16.22.080 Parkland dedication—Fees in lieu of land dedication.

A. When the dedication of land is not required or when land dedication partially fulfills the required contribution of the subdivider to meeting additional local park demand resulting from the subdivision, in-lieu fees shall be paid. The amount of such in-lieu fee shall be the fair market value of the land which otherwise would be required to be dedicated according to Section 16.22.050.

B. The fair market value shall be determined by a qualified, independent appraiser. It shall be based on the portion of the land proposed to be subdivided which is intended for development and shall reflect the market value at the time the tentative map is approved.

C. Fees collected in lieu of land dedication shall be used for creating new parks or enlarging or improving local parks within the city.

D. The requirement for in-lieu fees may be satisfied by the subdivider making improvements to a park, with the approval of the council, when (1) the value of the improvements is equal to the required in-lieu fee, (2) the park is within a reasonable distance of the proposed subdivision and will serve the residents of the proposed subdivision, and (3) the improvements are consistent with the parks and recreation element of the general plan. Such improvements may, but need not be made within a park area dedicated by the subdivider.

E. The council may, by resolution, establish additional criteria for determination and procedures for collection and use of in-lieu fees, including a maximum fee per dwelling, to the extent such additional requirements do not conflict with these regulations or the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)

16.22.090 Parkland dedication—Procedures.

A. At the time of approval of the tentative map, the council shall determine the amount of land to be dedicated and/or fees to be paid by the subdivider.

B. The land shall be dedicated and the fees shall be paid at the time the final subdivision map is filed with the city unless the body which approved the application approves a schedule for deferred dedication, payment of in-lieu fees, or improvement.

C. Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded at the same time as the final map. Any agreement between the city and school district concerning joint use of school sites for local park purposes, in accordance with Section 16.22.070, shall be executed prior to approval of the final subdivision map.

D. When the council approves the final subdivision map, it shall specify when development of the local park will begin. (Ord. 1490 § 3 (part), 2006)

16.22.100 Parkland dedication—Specific plan provisions.

Notwithstanding any other provisions of this section and Sections 16.22.040 through 16.22.090, the city may require dedication of an entire local park area in conjunction with approval of a single subdivision map when the subdivision and the parkland implement a specific plan with a definite phasing program relating increments of development and provision of public facilities, including parks. In such cases both the subdivision and parkland dedication shall be in accordance with the specific plan. (Ord. 1490 § 3 (part), 2006)

16.22.110 Title insurance for dedication.

Before the final subdivision map is recorded, or if dedication and offers of dedication are supplemented by a separate instrument, before such instrument or instruments are recorded, a policy of title insurance shall be issued for the benefit and protection of the city. Any expense involved in complying with the provisions of this section shall be borne by the subdivider. (Ord. 1490 § 3 (part), 2006)