§ 7.10

The Subdivision Committee 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 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 pedestrianways;

• (d) Flood-control facilities;

• (e) Parks;

• (f) Easements for landscaping maintenance;

• (g) Public utility easements;

• (h) Public transit facilities;

• (i) Other public easements;

• (j) Accessways to the shoreline or to lakes and reservoirs as provided in Sections 7.08.125 and 7.08.130.

(Added by Ord. 95-03, 2/14/95)

The Subdivision Committee may require that the items listed in Section 7.10.010 be deeded for private use or benefit to a homeowners' association or other responsible body. However, in no event shall dedications of a fee interest be made to any public or private utility. Dedications required for utilities shall be made in fee simple to the City, which shall provide for utility service pursuant to the terms of the appropriate franchise.

(Added by Ord. 95-03, 2/14/95)

Whenever specified by the Subdivision Committee, offers of dedication of arterial highways or transportation corridors shall include the release and relinquishment of vehicular access rights to and from such facilities 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 local street may be required. (Added by Ord. 95-03, 2/14/95)

The subdivider submitting a tentative tract map may be required to dedicate land for the

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City of Dana Point, CA § 7.10.025

SUBDIVISIONS

§ 7.10.040

elementary school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act. Whenever the Subdivision Committee imposes such a dedication requirement, it may concurrently approve an alternate tentative map, to be effective in the event the school district affected does not enter into a binding commitment within 30 days to accept the dedication. 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 Section 7.05.020. (Added by Ord. 95-03, 2/14/95)

Dedications required for utility purposes shall be made in fee simple to the City. In no event shall dedications for utility purposes be made to any public or private utility. Such dedications are to be made in fee simple to the City which shall provide for utility service pursuant to the terms of the appropriate franchise.

(Added by Ord. 95-03, 2/14/95)

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. The City shall record a certificate with the County Recorder for that dedicated property except that which is used for open space, parks or schools. The certificate shall be attached to the map and shall contain the following information:

• (a) The name and address of the subdivider dedicating the property;

• (b) A legal description of the real property dedicated; and

• (c) A statement that the City shall reconvey the property to the subdivider if the City makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

The subdivider may request that the City make a determination that the same public purpose for which the dedication was required still exists, after payment of a fee which shall not exceed the amount reasonably required to make the determination. If the City decides to vacate, lease, sell or otherwise dispose of the dedicated property, the City shall give at least 60 days' notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

(Added by Ord. 95-03, 2/14/95)

Dedications required by Section 7.10.010 shall not be required for any remainder parcel which is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations, provided the Subdivision Committee 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 at a later time.

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City of Dana Point, CA

DANA POINT CODE

§ 7.10.040

§ 7.10.040

(Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA § 7.12.010

SUBDIVISIONS