§ 22-8 DEDICATIONS AND RESERVATIONS

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, bike paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

Improvements shall be in accordance with Section 22-9 (Improvements) of this chapter.

The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.

All dedications of property to the City for public purposes shall be made in fee title, except that, in the City's discretion, a grant of an easement will be taken for the following purposes: open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City; in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

• a. General. This subsection is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies, principles and standards for park and recreation facilities contained in the General Plan and the Parks and Recreation General Plan.

• b. Requirements. As a condition of approval of a tentative subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this section. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the development generating such dedication or fees, or both.

• c. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three (3) acres of property for each one thousand (1,000) persons residing within the City be devoted to local park and recreational purposes.

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City of Albany, CA § 22-8.4

ALBANY CODE

§ 22-8.4

• d. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan or in the Parks and Recreation Plan, and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:

Acres of Parkland = .003 Acres* Average Number of Persons ________________ _________________________________ Dwelling Unit Person Dwelling

*Based on three acres of parkland per one thousand (1,000) population.

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The following parkland dedication table, based on the above formula, is to be followed:
Dwelling Type or Land Use Average No. Persons/ Dwelling Unit Acre Dwelling Unit
Single Family or Mobile home 3.0 .009
Duplex or Multi-family 2.1 .0063
Assisted Living Unit 1.05 .00315
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Assisted Living Unit shall mean the living area or unit as defined by California Health and Safety Code Section 1771, as may be amended.

For the purposes of this subsection, the number of proposed dwelling units shall be determined as follows: in areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved final development plan. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Planning Director, the Director of Public Works and Parks and Recreation Superintendent in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this subsection shall be construed to provide the land for functional recreation units of local or neighborhood service, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks, playfield, community or district parks and other specialized recreational facilities that may serve the family group and also senior citizen and child care activities. Principal consideration shall be given therefore to lands that offer:

A variety of recreational potential for all age groups;

Recreational opportunities within walking distance from residents' homes;

Possibility for expansion or connection with school grounds;

Integration with hiking, riding and bicycle trails, natural stream and creek bed reserves, the East Bay Shoreline and other open space;

Coordination with all other park systems; and

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City of Albany, CA § 22-8.4

SUBDIVISION

• e. Formula for Fees in Lieu of Land Dedication.

  1. General Formula. If there is no park or recreational facility designated in the General Plan or in the Parks and Recreation Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the City's discretion, either dedicate land in the amount provided in this subsection or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in paragraph d in an amount determined in accordance with the provisions of paragraph g.

  2. Fees in Lieu of Land, Fifty (50) Parcels or Less. Except as provided in paragraph i, if the proposed subdivision contains fifty (50) parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in paragraph d and in an amount determined in accordance with the provisions of paragraph g.

Notwithstanding the above, in the case of a condominium project, stock cooperative, or community apartment, if the proposed subdivision contains more than fifty (50) dwelling units, although the actual number of parcels may be less than fifty (50), the provisions of paragraph f shall apply.

3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to paragraph k for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision including the purchase of necessary land and/or improvement of such land for park and recreational purposes. The money shall be committed within five (5) years after payment thereof or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid 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.

• f. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than fifty (50) parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty (50) dwelling units although the actual number of parcels may be less than fifty (50), the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

  1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of paragraph e., shall be paid for any additional land that would have been required to be dedicated pursuant to paragraph d.

2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to paragraph e above, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to paragraph d. The fee shall be used for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

• g. Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the land being

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City of Albany, CA § 22-8.4

ALBANY CODE

The fair market value shall be as determined by the City at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

For purposes of determining fair market value pursuant to this paragraph, the City and any appraiser shall consider, among other factors:

1. Conditions of approval of the tentative map;

2. The General Plan and zoning requirements for the area;

3. The location and site characteristics of the property; and

4. Off-site and on-site improvements facilitating use of the property.

• h. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by consideration of the following:

  1. Policies, standards and principles for park and recreation facilities in the General Plan and in the Parks and Recreation General Plan;

  2. Topography, geology, access and location of land in the subdivision available for dedication;

  3. Size and shape of the subdivision and land available for dedication;

  4. Feasibility of dedication;

  5. Compatibility of dedication with the General Plan;

  6. Availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.

• i. Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision as permanent open space, partial credit may be given against the requirement of land dedication or payment of fees in lieu of, if the Park and Recreation Commission finds that is in the public interest to do so and that all the following standards are met:

  1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space;

  2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

  3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which

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City of Albany, CA § 22-8.4

SUBDIVISION

4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors such as size, shape, topography, geology, access and location;

5. That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan and the Parks and Recreation Plan.

Before credit is given, the Park and Recreation Commission shall make written finding that the above standards are met.

• j. Procedure.

  1. At the time of the approval or conditional approval of the subdivision map or parcel map, the Planning and Zoning Commission shall determine after a report and recommendation from the Park and Recreation Commission, whether land is to be dedicated or in lieu fees are to be paid by the subdivider or any combination of land and fees.

  2. The Planning and Zoning Commission may approve, modify, or disapprove the recommendation of the Park and Recreation Commission; provided, however, any modification of the proposed recommended condition not previously considered by the Park and Recreation Commission shall first be referred back to the Park and Recreation Commission for a report and further recommendation. The Park and Recreation Commission shall report back to the Planning and Zoning Commission within thirty (30) days. After the receipt of the report, or after thirty (30) days have passed, the Planning and Zoning Commission may adopt the condition.

  3. The recommendation of the Park and Recreation Commission shall include the following:

     • (a) The amount of land required; or

     • (b) That a fee be charged in lieu of land; or

     • (c) That a combination of land and a fee be required; and/or

     • (d) That a stated amount of credit be given for private recreation facilities or unique natural and special features and the like; and

     • (e) The location of the parkland and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

     • (f) The approximate time when the development of the park or recreation facility shall commence.

  4. At the time of the recording of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as determined by the City. At the discretion of the City, fees may be paid prior to issuance of any building permit for any structure in the subdivision.

  5. Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the City prior to approval of the final or parcel subdivision map and, if approved, shall be recorded concurrently with the final or parcel subdivision map. If private park or recreational facilities are to be owned and maintained by a public agency or nonprofit organization, and the public agency or nonprofit organization has policies or procedures that preclude the recordation of such covenants, conditions and restrictions, the public agency or

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City of Albany, CA § 22-8.4

ALBANY CODE

• k. Schedule of Use. At the time of the approval of the final map or parcel map, the City shall develop a schedule specifying how, when and where it will use the land or fees or both to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.

• l. Not Applicable to Certain Subdivisions. The provisions of this subsection shall not apply to the following:

  1. Subdivision containing four (4) or less parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee pursuant to this subsection may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

  2. Commercial or industrial subdivisions.

  3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

• a. General. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one (1) or more subdivisions within one (1) or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service.

• b. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

• c. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

  1. The cost of any improvements to the dedicated land since acquisition;

  2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

  3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

• d. Exemptions. The provisions of this subsection shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

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City of Albany, CA § 22-8.6

SUBDIVISION

§ 22-8.8

• a. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this subsection.

• b. Standards for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown on any specific plan or the General Plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the above specific plan or the General Plan. The reserved area must 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. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or the General Plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

• c. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.

• d. Payment to Subdivider. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

• e. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate.

As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads and similar items which directly benefit the residents of the subdivisions, if:

• a. The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the General Plan or contains one hundred (100) acres or more;

• b. The City determines that transit services are or will, within a reasonable time period, be made available to the subdivision.

The provisions of this subsection do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

• a. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is

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City of Albany, CA § 22-8.8

ALBANY CODE

§ 22-8.10

solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

• b. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

  1. The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

  2. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

  3. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

• c. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council in accordance with the provisions of subsection 22-4.6a and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

• d. In addition to the notice required by subsection 22-4.6a written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notice shall be mailed by the City Clerk at least ten (10) days prior to the date established for the hearing.

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Section 801.5 of the State Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

The Planning and Zoning Commission shall specify the following:

• a. The standards for determining the exact dimensions and locations of such easements.

• b. Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement;

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City of Albany, CA § 22-8.10

SUBDIVISION

The foregoing provisions of this subsection do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.

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City of Albany, CA § 22-9.1

SUBDIVISION

§ 22-9.2