Berkeley Municipal Code Ch. 21.36 Dedications and Reservations

The City of Berkeley may impose a requirement of dedication or irrevocable offer of dedication of real property within any subdivision for streets, alleys, including access rights and abutter’s rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in Section 66477.2(c) and (d) of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

In any subdivision containing two hundred or more parcels, as shown on the final map thereof, the subdivider shall 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. (Ord. 5793-NS § 2 (part), 1987)

In any subdivision, as shown on a tentative map, which has the potential for two hundred dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred acres or more, and the City finds that transit services are or will within a reasonable time period be made available to such subdivision, the subdivider shall dedicate or make 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 the subdivision. (Ord. 5793-NS § 2 (part), 1987)

For any division of land for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, the Planning Commission may require, as a condition of approval of the tentative map, the dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought shall have the right to receive sunlight across adjacent parcels or units in the subdivision for which approval is sought for any solar energy system, provided that such easements meet the following requirements:

A. The standards for determining the exact dimensions of locations of such easements shall be:

1. The principal axis of the easement shall be true east-west, and the principal directions of the easement shall be in the direction of the principal axis, both east and west from the boundaries of the parcel or unit for which the solar access easement is provided.

2. The width of the easement, at right angles horizontally to the principal axis, shall be equal to one-half of the length of the longest distance that can be measured in a true north-south direction horizontally between the boundaries of the parcel or unit for which the easement is being provided.

3. A vertical plane, running in the direction of and containing the principal axis, shall pass through the centroid of volume of the enclosed living space as shown on the tentative map, or if living space is not shown, through the geometric center of a plane horizontal projection of the boundaries of the parcel or unit for which the easement is being provided, as determined within an accuracy of one foot. The easement shall lie entirely between two vertical planes parallel to the plane containing the principal axis, lying equidistant on either side. Said parallel easement boundary planes shall be separated by a distance equal to the width of the easement.

4. A vertically projected boundary point is defined as any point lying on the horizontal boundary, within the width of the easement, of the parcel or unit for which the easement is being provided, projected vertically eight feet above the ground surface at said boundary point or to a vertically projected point lying in a horizontal plane which is three feet above a parallel horizontal plane containing the minimum point of elevation of the living space (if shown) of the parcel or unit, whichever is higher.

5. The easement shall exist above every line projected in either principal direction outward from any and all vertically projected boundary line points, at a direction of thirty degrees above the horizontal, to a distance of five hundred feet as measured horizontally from said point, or to a lesser distance such that the easement lies wholly within the vertically projected boundaries of the subdivision for which the tentative map is sought.

B. At the request of the subdivider, the Planning Commission may specify an easement of equal width for which:

1. The parallel easement boundary planes defined in subsection A,3. above and the principal directions are both rotated by not more than ten degrees in either direction and remain parallel to each other, about a vertical line through the centroid of volume or geometric center as defined in subsection A,3. above.

2. The parallel easement boundary planes defined in subsection A,3. above are both translated at right angles to the vertical plane of the principal axis by a distance equal to not more than one third of the width of the easement.

C. In requiring the dedication of a solar access easement as a condition of approval of a tentative map, the Planning Commission may specify an easement of lesser volume or dimensions, provided said easement lies wholly within the boundaries specified in subsections A or B, above.

D. No buildings or other objects with a dimension greater than one foot as measured in a projection at right angles to the principal axis of the easement, shall block such easement.

E. No trees or vegetation shall obstruct the passage of more than thirty percent of the incident sunlight which would otherwise reach the parcel through the path specifically blocked by said trees or vegetation.

F. The solar access easement, after being recorded as part of the final map, may not be terminated or revised except by the Planning Commission, on the showing of overriding public purpose, and with the consent of the owner of said unit or parcel and upon payment to said owner of just compensation for termination. Notice of the termination or revision shall be filed for record with the Alameda County Recorder in the same manner that other easements are recorded.

G. In establishing solar access easements, the Planning Commission shall give consideration to feasibility, contour, configuration of the parcel to be divided, and cost. Such 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 other applicable planning and zoning regulations in force at the time the tentative map is filed.

This section is not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.

Solar access easements shall meet the requirements specified in Section 66475.3 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

For any dedication or offer of dedication of streets provided for by this title, the Planning Commission may require that the dedication or offer of dedication of streets include a waiver of direct access rights to any such street from any property shown on final or parcel map as abutting thereon.

Whenever any such dedication is accepted, any such waiver shall become effective and shall thereafter govern access rights for the subject property. (Ord. 5793-NS § 2 (part), 1987)

As a condition to the approval of a tentative map or parcel map, the City may require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes.

The park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the total City, times the total park area within the City of Berkeley existing at the time of filing of the tentative or parcel map, but in no case less than three acres of park area per thousand persons nor more than five acres per thousand persons who will ultimately reside in the subdivision. The following definitions apply:

A. The ultimate population of the subdivision is based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative or parcel map and the average household size.

B. Total population of the City shall be as shown in the most recent available federal census.

C. Current City park acreage shall be the amount of neighborhood and community park acreage as shown on the records, maps, or reports of the City as of the date of the most recent available federal census.

In lieu of dedication of land, the City may require a fee, equal to an equivalent amount of land as required above, equal to the average value of the total acreage (without improvements) comprising the subdivision. Such value shall be determined by a current appraisal acceptable to the City.

For subdivisions containing fifty parcels or less, only payment of in-lieu fees, as defined above, shall be required.

The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the residents of the subdivision, and the City shall follow applicable requirements of Section 66477 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

The City may require any subdivider to dedicate land for elementary school purposes, in accordance with the provisions of Section 66478 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

The City of Berkeley declares itself to be in support of the legislature’s intent, as detailed in Chapter 4, Article 3.5 of the Subdivision Map Act, that it is essential to the health and well-being of all citizens of California that public access to public natural resources be increased.

The City shall not approve either a tentative, final or parcel map which violates the spirit or intent of Chapter 4, Article 3.5 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

The City may require that any subdivider reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries or other public uses, in accordance with Chapter 4, Article 4 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)