Chapter 14.12.030
Standard Dedications
Sections:
14.12.030.020 Streets and Other Rights-of-Way.
14.12.030.040 Utility Rights-of-Way.
14.12.030.050 Drainage Rights-of-Way.
14.12.030.060 Park and Recreation Facilities.
14.12.030.090 Supplemental Dedications.
14.12.030.010 General.
A developer shall dedicate that portion of the land within the subdivision or development site that is required for public improvements which will serve the subdivision or development. In addition to all the other requirements that arise out of the specific development proposal, and as provided in this division, a developer may be required to dedicate or reserve for future acquisition, that portion of the land within the subdivision or development site which is required to serve properties which are not within the subdivision or development site.
A. Manner of Conveyance.
1. All dedications of land to the City for public purposes shall be:
a. Made in fee title, unless a decision maker allows a grant of easement;
b. Free of liens and encumbrances except for those which the City Engineer finds would not conflict with the intended use; and
c. Free of any contaminants or other hazardous materials, as determined by documentation found acceptable to the City Engineer.
2. The City Engineer may accept an irrevocable offer of dedication, as defined in Section 14.12.010.030, in lieu of a dedication in fee title.
3. Dedications in conjunction with tentative map or parcel map approvals shall normally be made as statements on the final map or parcel map. In unusual circumstances, when determined appropriate by the City Engineer, the dedication may be made by separate instrument in lieu of a statement on the map. If dedications are made by separate instrument, the dedications shall be recorded concurrently with, or prior to, the final map or parcel map being recorded.
4. Dedication required by a land development permit shall be made by a separate, recorded instrument. The dedications shall be recorded concurrently with or prior to the issuance of building permits based on the approved land development permit.
5. All dedications shall be made at no cost to the City unless the City determines that compensation for a supplemental dedication is required pursuant to Section 14.12.030.090.
B. Baseline Minimum Standards. The City has established as a baseline, the minimum standards for the dedication or reservation of properties in conjunction with the approval of a tentative map or land development permit. These standards are based on the concept of equivalent dwelling unit, EDU, as established during the process of the development improvement fees and the utility master plans, and the determination of the City that they are the minimum standards necessary to adequately serve development within the City. These standards will also be used to evaluate whether or not a dedication or reservation will qualify as being supplemental in accordance with Section 14.12.030.090.
1. The decision maker for a proposed development may require that additional property be dedicated or reserved to:
a. Avoid or mitigate significant environmental impacts associated with the development or a change of use of the property; or
b. To make the necessary mandatory findings for approving a specific development proposal.
2. The provisions of Section 14.12.030.090 will be used to determine if the required additional dedication or reservation is supplemental.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.020 Streets and Other Rights-of-Way.
A developer shall dedicate that portion of the land within the subdivision or the development site that is required for streets, including adequate right-of-way for emergency/parking lanes, curb, gutter and sidewalk, alleys, pedestrian ways, bicycle paths, access rights and restrictions, landscaped parkways, local transit facilities, and any other public access easement or rights-of-way. A developer may be required to dedicate a reserve strip for non-access at the end of streets or at the boundaries of a subdivision or development.
A. Public Streets.
|
Residential Development |
50 feet |
|
Nonresidential Development |
60 feet |
B. When a proposed public street lies partially outside the boundaries of a subdivision map or land development, the developer shall dedicate right-of-way on one side of the street as follows:
|
Residential Development |
39 feet |
|
Nonresidential Development |
46 feet |
C. The dedication of right-of-way shall be located wholly within the boundaries of the subdivision or land development, unless the developer acquires the right-of-way from the adjacent property owner.
D. When a single-family residential subdivision backs up to or sides onto an arterial street, an additional five feet of right-of-way shall be provided for landscaping purposes.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.030 Fire Access.
When a subdivision or development abuts an open space area or other lands determined to be a fire hazard by the Fire Chief, the developer shall provide adequate access for fire equipment and emergency vehicles. This access may be provided by abutting public streets, public access easements or publicly owned land, as determined by the decision maker. The location and extent of access shall be determined by the decision maker, based on the recommendation of the Fire Chief and in consideration of such factors as topography, parcel size and configuration, and type of development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.040 Utility Rights-of-Way.
A developer shall dedicate that portion of the land within the subdivision or the development site that is required for public or private utilities, which include, but are not limited to, easements for water lines, sewer lines, storm drainage lines, electrical service, natural gas, cable television, telephone and other communication lines.
A. Utility Easements Adjoining a Public Street.
|
Residential Area |
10 feet |
|
Nonresidential |
15 feet |
B. Utility Easements Not Adjoining Public Street.
|
One Utility |
15 feet |
|
Two Utilities |
20 feet |
|
Three Utilities |
30 feet |
C. Easements for City-owned utilities shall not be placed in side yard or backyard easements, except under unusual conditions, which have the prior approval of the City Engineer. In the case where an exception is granted, the conditions of that approval will be at the discretion of the City Engineer, and would include larger than normal widths, and larger than normal pipes.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.050 Drainage Rights-of-Way.
A developer shall dedicate that portion of the land within the subdivision or the development that is needed to accommodate projected storm water flows through the property, to provide for proper drainage of parcels within the subdivision or development and to provide for bank protection, flood control and maintenance access along creeks and other drainage courses. A detailed engineer’s drainage study, acceptable to the City Engineer, shall be submit in conjunction with any proposed addition to the City’s drainage system.
A. The minimum easement width standard for manmade channels shall be 15 feet plus width of drainage facility.
B. The minimum standard for natural creek channel dedications shall extend 40 feet back from the top of stable bank, as determined by the City Engineer.
C. Designated Creeks.
1. The provisions of this section shall apply to the following major creeks: the natural and improved channels of Alamo Creek, the natural and improved channels of Ulatis Creek, except for the channel along the Green Tree Golf Course, and the channels of Encinosa and Laguna Creeks.
2. Creeks and other drainage channels located within an approved policy plan or specific plan shall be subject to the provisions of the approved plan. If the policy plan or specific plan does not contain provisions addressing the creeks and drainage channels, then the provisions of this section shall apply.
D. Under the following circumstances, the Director of Community Development may approve a variation or reduction in width from the requirement to dedicate the 40 feet along the entire creek or drainage way frontage; provided, that it does not adversely affect flood control, bank protection, access for maintenance, existing trees or other natural resources:
1. Existing building(s) on the property or on adjacent properties preclude the use of the area for flood control maintenance or related public uses; or
2. The Director of Public Works determines that dedication is not needed for flood control access or bank protection, or that the particular property is unsuitable for access due to its topography.
E. In lieu of the dedication of land for creeks and other major drainage channels, the Director of Community Development, in consultation with the Director of Public Works, may accept a drainage and access easement when it is determined:
1. That the provision of an easement will provide for permanent and unlimited public access for maintenance of the drainage channel and protection of the creek bank; and
2. That the proposed use of the site will not reasonably benefit from public access along the creek channel for maintenance and recreation purposes.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.060 Park and Recreation Facilities.
This section is enacted pursuant to the authority granted by the general police powers of the City and the provisions of state law related to development impact fees. The park and recreation facilities for which dedication of land is required by this division are in accordance with the Parks and Recreation Element of the City’s General Plan and the Parks and Recreation Master Plan, and any amendments thereto.
A. Requirements. A developer may be required to dedicate land for park or recreational purposes where a park or recreational facility has been designated in the City’s General Plan and is located in whole or in part within the proposed subdivision or development.
1. The land for a neighborhood park shall be dedicated in sufficient size, location and topography to comply with the standards established by the General Plan. In requiring the dedication, the decision maker shall make a finding that the dedication is reasonably related to serving the immediate and future needs of the residents of the subdivision or development.
2. If a decision maker requires a developer to dedicate land which will provide a park or recreational facility of sufficient size to also serve residents outside the proposed subdivision or development, compensation to the developer shall be determined in accordance with Section 14.12.030.090.
B. Development Impact Fee Credit. When land is dedicated to the City for a neighborhood park or other recreational facilities which would otherwise be funded by park and recreation fees, the value of the land dedicated shall be credited against the neighborhood park portion of those park and recreation development impact fees which are normally due and payable at the time of building permit issuance.
1. At the time of tentative map or land development approval, a condition shall be placed on the development requiring the developer to enter into a fee credit agreement with the City. The form and content of the agreement shall be determined by the Director of Community Development and should address the timing of dedication, the amount of fee credits and the payment of development impact fees when the amount of the fee credits is less than the amount of the park and recreation development impact fees.
2. When a fee credit agreement is required, it shall be executed by the developer and approved by the City Council prior to the recordation of a final map or the issuance of building permits, whichever occurs first.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.070 Open Space.
A developer shall, in conjunction with the approval of a tentative map or development project, preserve open space areas within a project site consistent with the policies of the General Plan.
A. Open space areas shall include:
1. Lands designated as Public Open Space in the General Plan;
2. Lots or remainder parcels, created after July 23, 1998, within the hillside agriculture district unless a smaller site area is approved for development in accordance with the provisions of this title; and
3. Other areas that are determined by the decision maker to be unsuitable for development in order to protect the public health, safety and welfare due to steep slopes of 25 percent or greater, geologic hazard, flood hazard, or water service inadequate to meet the provisions of this title.
B. Method of Preservation. Open space areas may be preserved through a conservation easement or dedication subject to the approval of the decision maker as follows:
1. A conservation easement or other equivalent limitation of development rights may be dedicated to the City subject to the following:
a. Determination by the decision maker that the developer’s plan and financial mechanism for the private, long-term maintenance of the area is viable and adequate; and
b. Approval of the form of the preservation by the City Attorney.
2. Fee title dedication may be granted to the City subject to the agreement of the decision maker.
C. Density Transfer. Areas preserved as open space within the agriculture hillside zoning district shall be eligible for a transfer of density in accordance with the provisions of the General Plan and with Section 14.09.050.030.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.080 Reservations.
A developer may be required to reserve sites, appropriate in area and location, for parks, schools, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this section.
A. Standards for Reservation of Land. Where a park, school, recreation facility, fire station, library, community center or other public use is shown on an adopted specific plan or policy plan, or the City’s General Plan, the developer may be required to reserve sites in accordance with the principles and standards contained in the adopted specific plan, policy plan or General Plan.
1. The reserved site shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
2. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible; and
3. The reserved area shall be consistent with the adopted specific or policy plan or the General Plan and shall be located, and the surrounding areas within the development designed, as to permit the efficient division and development of the reserved area in the event that it is not acquired within the prescribed period.
B. Procedure. A condition of the tentative map or land development approval shall require that the City and the property owner enter into a binding agreement, prior to the approval of a final map, parcel map or the issuance of a building permit, to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.
1. The form and content of the agreement shall be determined by the Director of Community Development and the agreement shall be approved by the City Council.
C. Payment to the Subdivider. The purchase price of the reserved area and the payment schedule shall be established through the mutual agreement of the City and developer and specified within the agreement.
D. Arbitration or Condemnation. In the event that an agreement is not reached within a reasonable time period, then either:
1. City and subdivider shall agree to mutually select a qualified appraiser to arbitrate the price of the property and both shall be bound by the determination of the appraiser; or
2. The City may proceed to condemnation of the land in question.
E. Development Impact Fee Credit. When a reserved site is acquired by the City, the Director of Public Works may determine that all or a portion of the payment for the land shall be in the form of development impact fee credits. The amount of such credits, plus interest, shall be deducted from the applicable development impact fee that would otherwise be due and payable at the time of building permit issuance.
1. At the time of tentative map or land development permit approval, a condition shall be placed on the development requiring the developer to enter into a fee credit agreement with the City to address the timing of acquisition, amount of fee credits and the payment of development impact fees when the amount of the fee credits is less than the amount of the development impact fees.
2. When a fee credit agreement is required, it shall be executed by the developer and approved by the City Council prior to the recordation of a final map or the issuance of building permits, whichever occurs first.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.12.030.090 Supplemental Dedications.
The provisions of this division establish the baseline standards for dedicating property in conjunction with the development of vacant property or the improvement to existing, developed property. As a condition of approval of a tentative map or land development permit, a developer may be required to dedicate a portion of the land within a subdivision or development site, which exceeds the minimum standards established by this division, for public facilities which will serve properties outside the boundaries of the subdivision or development.
A. The following dedications are determined not to be supplemental:
1. Dedications of right-of-way or easements in accordance with the baseline standards established in Sections 14.12.030.020 through 14.12.030.080;
2. Dedications of right-of-way or easements pursuant to a development agreement in accordance with the provisions of Division 14.17; and
3. Dedications of right-of-way or easements in conjunction with an increase in residential density above the base density of a zoning district, in accordance with the provisions of Chapter 14.09.210 of this code.
B. A dedication requirement is supplemental to the extent that it is not reasonably related or roughly proportionate to the impacts of or the public needs generated by the development. The Director of Community Development shall make a determination, following consultation with appropriate City departments, as to whether a dedication requirement is supplemental. This determination shall be based on an analysis of the anticipated demand for public services and facilities of the subdivision or development with respect to the capacity of facilities to be located in the dedication area.
1. If a decision maker for a project finds, at the time of approval of a tentative map or land development permit, that a dedication requirement is supplemental, the approval shall contain a requirement that prior to recordation of a final map or the issuance of a building permit, the amount of compensation for the supplemental dedication requirement and the manner of payment of the compensation shall be established.
a. The form and content of the agreement shall be determined by the Director of Community Development and the agreement shall be approved by the City Council.
2. The purchase price of the supplemental dedication and the payment schedule shall be established through the mutual agreement of the City and developer and specified within the agreement.
3. In the event that an agreement is not reached within a reasonable time period, the City and subdivider shall mutually select a qualified appraiser to arbitrate the price of the property. Both the City and subdivider shall be bound by the determination of the appraiser.
4. When an area of supplemental dedication is acquired by the City, the Director of Public Works may determine that all or a portion of the payment for the land shall be in the form of development impact fee credits and that the supplemental dedication is also included as a future project under the fees. The amount of such credits shall be deducted only from the applicable development impact fee that would otherwise be due and payable at the time of building permit issuance.
C. When an existing or proposed street or easement lies partially outside of the boundary of a subdivision map or land development, the minimum width of the right-of-way or easement shall be one-half of the dimensions stated in Section 14.12.040.030; provided, that at least two full traffic lanes, the necessary parking lanes, and curb, gutter and sidewalk are provided as specified in the City’s standard specifications, except that:
1. More than one-half of the width of the right-of-way or easement may be required to be dedicated when the decision maker finds that such width is necessary:
a. To safely accommodate the traffic volumes projected to be generated by the project as determined by the City Engineer.
b. To safely accommodate the necessary merging and turning movements projected to be generated by the project.
D. Objection to Determination That Dedication Requirement Is Not Supplemental. If a developer disagrees with the determination made by the Director of Community Development that a dedication is not supplemental, the developer may request that the decision maker for the project consider that the required dedication is supplemental, in accordance with the following procedures:
1. Submit a written statement to the decision maker, based on the developer’s review of proposed conditions of approval as contained in the City’ staff report, why the dedication requirement is excessive:
a. The written statement shall include engineering or other factual data to show why the dedication requirement is not reasonably necessary to meet the public needs arising as a result of the subdivision or development;
2. The decision maker shall review and consider the request that the dedication is supplemental in conjunction with the public hearing for the tentative map or land development permit application. Based on the testimony received, the decision maker may approve, deny or modify the determination; and
3. The applicant, Director of Community Development, or any other affected party may file an appeal of the decision maker’s action as provided in Chapter 14.09.030 of this code. The written information as specified in subsection D.(1) of this section shall be incorporated into the appeal application.
E. Manner of Compensation for Supplemental Dedication. When a decision maker determines that a required dedication is supplemental, the method of compensation will be determined at the time of approval of the tentative map or land development permit. Methods of compensation include, but are not limited to, the following:
1. Development incentives or regulatory concessions contained in approval of tentative map or land development permit, when the developer agrees that such incentives or concessions are of equivalent financial value to the cost of the supplemental dedication being provided.
2. Development Impact Fee Credits.
a. At the time of tentative map or land development permit approval, a condition shall be placed on the development requiring the developer to enter into a fee credit agreement with the City to address the timing of acquisition, amount of fee credits and the payment of development impact fees when the amount of the fee credits is less than the amount of the development impact fees; and
b. When a fee credit agreement is required, it shall be executed by the developer and approved by the City Council prior to the recordation of a final map or the issuance of building permits, whichever occurs first;
3. Establishment of a community facilities district, assessment district, benefit district or other similar financing mechanism;
4. Establishment of a benefit district pursuant to Division 14.15; or
5. Any other method of compensation permissible by law.
F. No reimbursement by the City or any other developer shall be required for supplemental dedication unless the decision maker, as part of the project’s approval, determined that the dedication qualified as a supplement dedication in accordance with the provisions of this section.
(Ord. 1972, Repealed and Replaced, 02/22/2022)