Chapter 16.20 — DEDICATIONS

• A. All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final map or parcel map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary must be processed by separate instruments.

• B. Whenever a secondary highway or higher classification is designated on the circulation element of the Comprehensive General Plan of the City of Wildomar as requiring an ultimate right-of-way of 88 feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be offered for dedication to the City or otherwise restricted. The note "Access Restricted" shall be shown along the highway frontages on the final map or parcel map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the Director of Transportation. However, access control to commercially zoned property may be postponed to the development stage as approved by the Director of Transportation.

• C. Whenever a subdivider is required to dedicate roadways to the public, he or she may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map or parcel map thereof, contains 200 or more parcels.

• D. The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if: (1) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted General Plan or contains 100 acres or more; and (2) the governing body finds that transit services are or will within a reasonable time period be made available to such subdivision.

• E. The provisions of this section do not apply to condominium projects. (Ord. 18 § 2, 2008, RCC § 16.20.010)

• A. Authority. This section is adopted pursuant to Section 66477 of the Government Code, which authorizes the legislative body of a city to require, by ordinance, the dedication of land or the payment of fees in lieu thereof, or a combination of both, for park and recreational facilities as a condition of approval of a tentative map or parcel map.

• B. Dedication or Fee Required. Whenever land is proposed to be subdivided for residential use, the property owner shall be required, as a condition of approval of the subdivision, to dedicate to the City for park purposes three acres of land for every 1,000 residents of the subdivision, or pay an equivalent fee, or a combination of both, consistent with this section.

  1. For subdivisions containing 50 parcels or less, only the payment of fees may be

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City of Wildomar, CA § 16.20.020

SUBDIVISIONS

§ 16.20.020

required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50.

2. Nothing in this section shall prevent the City from accepting the voluntary dedication of land by a developer for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section.

• C. Exemptions. This section shall not apply to the following land divisions:

  1. Commercial or industrial.

  2. Condominium projects or stock cooperatives which consist of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added.

  3. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years of the approval of the final map, the owner of each parcel on which construction of a residential structure is proposed must pay a fee in lieu of park land dedication as a condition to the issuance of a building permit.

• D. Dedications of Land. Whenever land is dedicated pursuant to this section the following provisions apply.

  1. The amount and location of property to be dedicated shall be as approved by the City. In determining whether to require a dedication of land, the City may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways and the compatibility of dedication with the City's General Plan.

as approved by the City. In determining whether to require a dedication of land, the City may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways and the compatibility of dedication with the City's General Plan.

2. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City agrees to accept. All deeds shall be delivered to the City before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the developer, the deeds shall be returned to the developer. If the final map is approved, the deeds shall be recorded by the City at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the developer, in an amount equal to the value of the land dedicated.

3. The amount of land to be dedicated shall be based on the residential density of the subdivision, and shall be determined by multiplying the number of dwelling units in the subdivision by the average number of persons per household by type of dwelling unit by 0.003. The average number of persons per household by dwelling unit type shall be the same as that disclosed by the most recent available federal census.

4. Whenever the actual amount of land to be dedicated is less than the amount of land

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City of Wildomar, CA § 16.20.020

WILDOMAR CODE

§ 16.20.020

required to be dedicated as calculated under subsection (D)(3) of this section, the developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

5. Whenever a park or recreational facility is to be located in whole or in part within the proposed subdivision, the land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

6. Whenever land is dedicated, the developer shall, without credit, provide the following for the benefit of the land dedicated:

   • a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;

   • b. Fencing along the property lines of the subdivision which are contiguous to the park;

   • c. Improve the drainage through the park site;

   • d. Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines are necessary for acceptance of the land for park and recreational purposes, including, but not limited to, grading, drainage, irrigation and planting improvements;

• e. Provide access from the park and recreational facilities to an existing or proposed public street, unless the City determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the subdivision.

• E. Payment of Fees. Whenever fees are imposed pursuant to this section, the following provisions apply.

  1. The fee shall be paid prior to the time stated in the conditions of approval for the subdivision. No Certificate of Occupancy shall be issued by the City for a dwelling unit within subdivision conditioned to pay fees pursuant to this section unless and until the fee for that dwelling unit has been paid.

  2. The fee shall be based on the fair market value of the land which would otherwise be required to be dedicated, as determined by the City Council. The City Council may, by resolution, determine a fixed fair market value that will apply to all fee calculations pursuant to this section. The fee shall be calculated by multiplying the product of the calculation stated in subsection (D)(3) by the fair market value of one acre of land.

  3. Whenever fees are paid pursuant to this section, the City shall deposit them into a separate fund.

• F. Credits. A developer may receive a credit against dedication or fee requirements as follows.

  1. A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the developer. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map. The

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City of Wildomar, CA § 16.20.020

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2. A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, and will be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50% of the requirement of land dedication or fees at the discretion of the City Council; provided that the City Council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

   • a. That yards, court areas, setbacks, and other open space areas, required to be maintained by Title 17 of this Code, the building code and other regulations, shall not be included in the computation of such private areas;

   • b. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and that the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and

   • c. That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

   3. "Active recreational uses" means, for the purposes of this subsection F, recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks.

• G. Use of Land and Fees.

  1. The City shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities.

  2. All fees collected by the City may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision. Notwithstanding the foregoing, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision is located, if all of the following requirements are met:

     • a. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

     • b. The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds three acres per 1,000 persons.

     • c. The legislative body holds a public hearing before using the fees pursuant to this

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City of Wildomar, CA § 16.20.020

WILDOMAR CODE

• d. The legislative body makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

  - e. The fees are used within a specified radius that complies with the City's or County's ordinance adopted pursuant to subsection (G)(2)(a), and are consistent with the adopted General Plan or specific plan of the City or County. For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the City or County, that otherwise meets the requirements of this section. 
  

  3. All fees collected pursuant to this section shall be committed by the City for a specific project within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

• H. Subsequent Subdivisions. Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

• (Ord. 18 § 2, 2008, RCC § 16.20.020; Ord. 93 § 2, 2014)

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City of Wildomar, CA § 16.24.010

SUBDIVISIONS