Chapter 14.12
DEDICATION
Sections:
14.12.010 Required dedication for public use or benefit.
14.12.020 Transfer of ownership required for private use or benefit.
14.12.030 Vehicular access rights and abutters’ rights to arterial highways and local streets.
14.12.050 Method of dedication.
14.12.010 Required dedication for public use or benefit.
The advisory agency may require the dedication to the public, to the city, or to such other public agency as may be appropriate of all real property or an interest therein both on and off site which is required for public use or benefit, including, but not limited to, the following:
A. Local streets, arterial highways, and transportation corridors;
B. Alleys;
C. Trails, paths, and pedestrian ways;
D. Flood-control facilities;
E. Parks;
F. Easements for landscaping maintenance;
G. Public utility easements;
H. Public transit facilities;
I. Other public easements. [Ord. 2010-126 § 1 (Exh. A)].
14.12.020 Transfer of ownership required for private use or benefit.
The advisory agency may require that the real property identified in AVMC 14.12.010 be dedicated for private use or benefit to a homeowners’ association or other responsible body. [Ord. 2010-126 § 1 (Exh. A)].
14.12.030 Vehicular access rights and abutters’ rights to arterial highways and local streets.
Whenever specified by the advisory agency, offers of dedication of arterial highways shall include the release and relinquishment of vehicular access rights to and from such arterial highways from any property shown within a final tract or parcel map abutting thereon. When the local agency finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from said street may be required. [Ord. 2010-126 § 1 (Exh. A)].
14.12.040 School sites.
Pursuant to California Government Code Section 66478, the subdivider submitting a tentative tract map may be required to dedicate land to the school district within which the proposed subdivision is located for the construction of elementary school facilities necessary to assure the residents of the subdivision adequate public school service. Whenever the advisory agency imposes such a dedication requirement, it may concurrently approve an alternative tentative map, to be effective in the event the school district affected does not offer to enter into a binding commitment to accept the dedication within 30 days after the dedication requirement is imposed. A dedication pursuant to this section shall only be required at the request of a school district made within 20 working days of the notice given pursuant to the Subdivision Map Act. [Ord. 2010-126 § 1 (Exh. A)].
14.12.050 Method of dedication.
Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the director, when permitted by law and when the subdivider intends to dedicate or offer for dedication real property prior to the approval of a final tract or parcel map. [Ord. 2010-126 § 1 (Exh. A)].
14.12.060 Exceptions.
Dedications required by AVMC 14.12.010 shall not be required for any remainder parcel that is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations, provided the advisory agency determines that such dedications and improvements are not immediately necessary for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements when a permit or other grant of approval for development is issued for the remainder parcel. [Ord. 2010-126 § 1 (Exh. A)].
14.12.070 Utilities.
Dedications required for utility purposes shall be made in fee simple to the utility providing the service, which shall provide the required utility service pursuant to the terms of the appropriate franchise. [Ord. 2010-126 § 1 (Exh. A)].