§ 17.50

The purpose of this chapter is to provide local requirements for the dedication, irrevocable offer of dedication, or reservation of real property within a subdivision for various public purposes, in accordance with the Subdivision Map Act (SMA) Sections 66475 et seq. and 66479 et seq.

(Ord. No. 2469, § 14, 11-2-2010)

The subdivider of any proposed subdivision within the city shall dedicate or make an irrevocable offer of dedication of real property for the following purposes, as determined necessary by the final approval authority, based on applicable specific plan, master plan and/or general plan policies and related subdivision and improvement design standards provided in Chapter 17.60 and Chapter 17.70:

1.

Streets and alleys; waiver of access rights and abutters' rights as necessary.

2.

Bicycle paths and pedestrian trails outside the street right-of-way for the use and safety of the residents of the subdivision.

3.

Local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items which directly benefit the residents of the proposed subdivision.

4.

Drainage easements, public-service easements, and other public-facility easements as needed.

5.

Reasonable public access to and along public waterways in accordance with SMA Sections 66478.4 and 66478.5.

6.

The one-hundred-year regulatory floodplain of the Sacramento River and its tributary streams within the boundary of a subdivision, including dedication of any buffer area which may, in the opinion of the approval authority, be necessary for purposes of protecting water quality, riparian vegetation, wetlands, and/or other sensitive habitats.

Dedication of slopes in excess of twenty percent where determined to be integral to the establishment of a public greenway corridor or directly related to a public park.

8.

Dedication for park and recreational purposes in accordance with SMA Section 66477 (Quimby Act) as required in Chapter 17.54.

(Ord. No. 2469, § 14, 11-2-2010)

17.50.030 - Dedications for elementary school purposes.

The requirements and limitations set forth in SMA Section 66478 pertaining to the dedication of real property for elementary school purposes shall fully apply to any proposed subdivision in the city as determined necessary by the affected school district(s) and the final approval authority.

(Ord. No. 2469, § 14, 11-2-2010)

17.50.040 - Acceptance, rejection, and termination of dedications.

A.

Acceptance. At the time the city engineer or city council approves a final map in accordance with Chapter

17.40, it shall also accept, accept subject to improvement, or reject any offer of dedication. The city clerk shall certify on the map the action by the city engineer or city council.

B.

Rejection. If any offers of dedication are rejected in accordance with subsection A, the offer of dedication shall remain open and valid. The city council may, by resolution at any later date and without further action by the subdivider, rescind the initial action rejecting an offer of dedication and accept and open the offered dedication for public use. Such later acceptance resolution shall be recorded in the office of the county recorder.

C.

Termination. Offers of dedication may be terminated by resolution of the city council as prescribed in Section 8300 et seq., Public Streets, Highways, and Service Easements Vacation Law, of the California Streets and Highways Code.

(Ord. No. 2469, § 14, 11-2-2010)

Acceptance of offers of dedication shall become effective on the date an approved final map or resolution of acceptance by the city council is filed in the office of the county recorder.

(Ord. No. 2469, § 14, 11-2-2010)

As a condition of approval of a tentative map for any subdivision, the subdivider may be required to reserve real property within the subdivision site in accordance with SMA Section 66479 et seq. Potential public uses of reserved areas include, but are not limited to, locations for fire stations, electric substations, wells, sanitary sewer lift stations, regional storm-drainage detention basins, recreational facilities, libraries, and other public facilities. Any such reservation shall be based upon adopted specific plan, master plan or general plan policies and standards specifically supporting the intended public use(s).

(Ord. No. 2469, § 14, 11-2-2010)

Chapter 17.54 - PARK AND RECREATIONAL LAND DEDICATIONS AND IN-LIEU FEES

Sections: