Bishop Municipal Code Ch. 16.36 Reservations and Dedications

As a condition of approval of a tentative map, the subdivider may be required to reserve sites, appropriate in area and location, for parks and recreational facilities, fire stations, libraries or such other public uses according to the standards and formula contained in this title.

(Prior Code, § 17A-135; Code 1985, § 16.36.010)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are intended for public use for streets; alleys, including access rights and abutters' rights; drainage; public utility easements and other public easements, except as set forth in section 16.36.050. In addition, the subdivider shall improve or agree to improve all streets, alleys and other improvements as set forth in chapter 16.32.

(Prior Code, § 17A-136; Code 1985, § 16.36.020)

The planning commission may require, as a further condition to approval of a final map, that the subdivider dedicate such additional land as may be necessary and feasible to provide bicycle paths, but subject to the limitation of Government Code § 66475.1. The subdivider may be required to improve or agree to improve such bicycle paths.

(Prior Code, § 17A-137; Code 1985, § 16.36.030)

A. The planning commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon when the planning commission finds that a safety hazard would be created as a result of direct access. The waiver of direct access rights may be for vehicle only or for both vehicles and pedestrians depending on the importance of the street and the safety hazard involved.

B. The planning commission may also impose, as a condition of approval of a final map or parcel map, a requirement for a waiver of access to an existing street already dedicated which abuts the subdivision under the same conditions as in subsection A of this section.

(Prior Code, § 17A-138; Code 1985, § 16.36.040)

With the approval of the city council, any street, highway or way which is intended to be kept physically closed to public travel or posted as a private street, at all times, may be shown as a private street. But in any such case, the final map shall contain a conditional offer of dedication or in the case of a parcel map shall be accompanied by a conditional offer of dedication pursuant to section 16.28.070 which may be accepted by the city council at such time as the street ceases to remain so physically closed or posted and has been opened to public travel for a period of one year or more. Any such private street shall be shown on such map by heavy dash lines. The same data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this title for public streets.

(Prior Code, § 17A-139; Code 1985, § 16.36.050)

As a condition of approval of a final 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 title.

(Prior Code, § 17A-140; Code 1985, § 16.36.060)

It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes as recommended by the National Park and Recreation Association.

(Prior Code, § 17A-141; Code 1985, § 16.36.070)

The amount of land required to be dedicated by a subdivider pursuant to this title shall be based on the following formula based on the number of proposed dwelling units:

Dedication of the land shall be made in accordance with the procedures contained in sections 16.36.060 through 16.36.140.

(Prior Code, § 17A-142; Code 1985, § 16.36.080)

A. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to section 16.36.080.

B. Fair market value shall be determined as of the time of filing of the final map or parcel map in accordance with the following:

1. The fair market value as determined by the city council based upon the then weighted assessed full market value of all the land in the subdivision, divided by the total acres of land in the subdivision multiplied by the number of acres otherwise required for dedication pursuant to the formula established in section 16.36.080; or

2. The city and subdivider may agree as to the fair market value.

(Prior Code, § 17A-143; Code 1985, § 16.36.090)

A. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit not to exceed 50 percent may be given against the land required to be dedicated for park and recreation purposes, as set forth in section 16.36.080, or the payment of fees in lieu thereof, as set forth in section 16.36.090, provided that the planning commission on the recommendation of the parks and recreation commission finds it is in the public interest to do so, and that the following standards are met:

1. That yards, court areas, setbacks and other open areas required to be maintained by city zoning regulations, as amended, and regulations implementing such ordinance, shall not be included in the computation of such 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 covenants which run with the land in favor of the then and future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the city;

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

5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and approved by the planning commission; and

6. That the minimum amount of open space for which credit may be given is three acres and which must provide all, but not less than any five, of the local park basic elements listed below, or a combination of such other recreational improvements that will meet the specific recreation park needs of the then and future residents of the area:

B. Before credit is given, the planning commission shall make written findings that the standards set forth in subsection A.6 of this section are met.

(Prior Code, § 17A-144; Code 1985, § 16.36.100)

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

A. Subdivider. At the time of filing a tentative or parcel map for approval, the subdivider shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, or whether the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative tract map as submitted.

B. Action of city. At the time of approval of the tentative or parcel map, the planning commission shall determine as a part of such approval whether to require a dedication of the land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

C. Time of dedication. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land or pay the fees as previously determined by the planning commission.

D. Open space covenants. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Prior Code, § 17A-145; Code 1985, § 16.36.110)

A. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Recreational element of the city's 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. The feasibility of dedication;

5. Availability of previously acquired park property.

B. The determination of the planning commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive on the subdivider.

(Prior Code, § 17A-146; Code 1985, § 16.36.120)

In subdivisions of over 50 lots, the subdivider shall dedicate land and pay a fee in lieu thereof, in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed on the park and recreation master plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee, computed pursuant to the provisions of section 16.36.090, shall be paid for any additional land that would have been required to be dedicated pursuant to section 16.36.080.

B. 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 remaining portion shall be dedicated and a fee computed pursuant to provisions of section 16.36.090 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to section 16.36.080, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(Prior Code, § 17A-147; Code 1985, § 16.36.130)

At the time of approval of the final subdivision map, the planning commission shall specify when development of the park or recreational facilities shall be commenced.

(Prior Code, § 17A-148; Code 1985, § 16.36.140)

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Bishop Union Elementary School District shall dedicate to the school district such lands as the city council deems necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school services, but subject, however, to the provisions of Government Code § 66478.

(Prior Code, § 17A-149; Code 1985, § 16.36.150)

In the event that a division of land or any part thereof is traversed by any major watercourse, channel, stream, or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the planning commission, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or meander the dedication to follow the meander of the stream. The watercourse shall be delineated on the final map or parcel map. Any realignment of a natural waterway shall require approval of the planning commission after any necessary permits are obtained from all appropriate concerned state agencies and boards. These waterways shall be maintained in a natural condition.

(Prior Code, § 17A-150; Code 1985, § 16.36.160)

If an artificial drainage facility is necessary for the general use of lot owners in the division of land and for adequate drainage needs, the subdivider shall dedicate an adequate right-of-way for such drainage channel.

(Prior Code, § 17A-151; Code 1985, § 16.36.170)

If, in the opinion of the planning commission, either sewers or storm drains or both are necessary for the general use of lot owners in the division of land, and such sewers or storm drains or both are not to be installed in the streets of such division, then the subdivider shall show upon the maps, and dedicate, necessary easements for such sewers or storm drains or both.

(Prior Code, § 17A-152; Code 1985, § 16.36.180)

Except as hereinafter provided, all parcels of land intended for public use in a division of land shown on the final map or parcel map thereof shall be offered for dedication for public use; provided, however, that with the approval of the city council any street, highway or way which is intended to be kept physically closed to public travel or posted as a private street, at all times, may be shown as a private street, but in any such case, the final map shall contain a conditional offer of dedication, or in the case of a parcel map shall be accompanied by a conditional offer of dedication pursuant to section 16.28.070 which may be accepted by the city council at such time as the street ceases to remain so physically closed or posted and has been opened to public travel for a period of one year or more. Any such private street shall be shown on such map by heavy dash lines. The same data shall be shown for each private street to define its boundaries, as is required for a public street; also, sufficient mathematical data shall be included to clearly show the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this title for public streets.

(Prior Code, § 17A-153; Code 1985, § 16.36.190)

Dedication is not required on any map, the sole purpose of which is to establish existing land title boundaries.

(Prior Code, § 17A-154; Code 1985, § 16.36.200)

Any final map of a division of land submitted to the city for acceptance of easements for streets, highways or public ways and filing with the county recorder, or parcel map, requiring a separate instrument of such easement dedication, submitted to the city surveyor for checking and filing with the county recorder shall be accompanied by an additional copy of such map on which is delineated all structures existing within the easements, including publicly owned storm drains, waterlines, sewers, and other sanitary facilities, utilities, whether such structures are on recorded easement or not.

(Prior Code, § 17A-155; Code 1985, § 16.36.210; Ord. No. 585, § 1, 3-13-2023)

Any final map of a subdivision presented to the city for acceptance of easements and recordation shall have written thereon, in addition to or as a part of any other certificate required, a certificate signed by the owner and the subdivider, and by all persons claiming any interest other than a right-of-way, easement, or other interest, none of which can ripen into a fee, in the lands included within the subdivision shown on the map, in substantially the following form:

We hereby certify that except as shown on a copy of this map on file in the office of the County Recorder, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned waterlines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements.

(Prior Code, § 17A-156; Code 1985, § 16.36.220; Ord. No. 585, § 5, 3-13-2023)

If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivision, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this title, with the Subdivision Map Act, Government Code § 66410 et seq., and with every other applicable statute and ordinance, and the city council finds that the subdivider has in good faith attempted to obtain the necessary signature from such owner but has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the subdivider, then by a majority vote of all its members, the city council may accept such map.

(Prior Code, § 17A-157; Code 1985, § 16.36.230)

A. In the event that an easement for any right-of-way required under the provisions of this title in connection with any proposed division of land is in the process of condemnation by the city at the time of the submission of any final map or parcel map, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final map or parcel map thereof as a private right-of-way, and prior to the approval of such final map or certification of such parcel map shall submit to the department of public works a deed granting such easement to the city on condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by section 16.32.080.

B. In the event that such condemnation proceedings shall be completed, such deed, contract and bond shall be returned to the subdivider. In the event that such condemnation proceedings are abandoned, such deed, contract and bond shall be delivered by the department of public works to the city council for acceptance.

(Prior Code, § 17A-158; Code 1985, § 16.36.240)

Dedications or offers of dedication of real property for streets, highways and other public ways, access rights and abutter's rights, drainage and public utility easements may be required for a minor land division or parcel map.

(Prior Code, § 17A-159; Code 1985, § 16.36.250)

If dedications or offers of dedications are required for a minor land division or parcel map, they may be either by certificate on the parcel map or by separate instrument.

(Prior Code, § 17A-160; Code 1985, § 16.36.260)

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedications are made by certificate on the parcel map.

(Prior Code, § 17A-161; Code 1985, § 16.36.270)

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the names of the trustor, trustee and beneficiary, and all easement holders.

(Prior Code, § 17A-162; Code 1985, § 16.36.280)