Brea Municipal Code Ch. 18.64 Dedications and Reservations

A dedication or irrevocable offer of dedication may be imposed within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements, and other public easements.

A subdivider may be required to dedicate additional land to provide bicycle paths for the residents of the subdivision if the subdivision contains two hundred (200) or more parcels.

Dedications or grants of easements required as a condition precedent to filing a parcel map may be made either by certificate on the final parcel map or by separate instrument, as determined by the City Engineer, signed and acknowledged by those parties having a record title interest in the real property being subdivided, accepted, and recorded prior to or concurrently with the filing of the parcel map.

The city may require dedication or 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:

A. The subdivision has the potential for two hundred (200) or more dwelling units or contains one hundred (100) acres or more; and

B. Transit facilities are or will be available to such subdivision.

Dedications or offers of dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final map as abutting thereon and, if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

A. The City Council may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions:

1. The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards contained therein;

2. The ordinance has been in effect for a period of at least thirty (30) days prior to the filing of the tentative map;

3. The reserved area is 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;

4. The amount of land reserved will not make development of the remaining land held by the subdivider economically feasible.

B. The reserved area shall conform to the adopted specific or 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; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

A. The intent of §§ 18.64.070 through 18.64.100, inclusive, is to provide for the development of park and recreational facilities through subdivision regulations, in an area where the need for residential use, shall, as a condition to the approval of a tentative map, parcel map, planned community, land development or real estate development, dedicate lands or pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes.

B. Land to satisfy dedication requirements shall be conveyed to the city at the time of recordation of the final map or parcel map. In lieu fees shall be paid to the city prior to the issuance of building permits.

Land or fees required under this section shall be conveyed or paid directly to the city. The city, in accepting such land or funds, shall develop the land or use the funds as provided in this section:

A. Use of land and fees. The land, fees or combination thereof are to be used only for the purpose of providing park or recreational facilities which will reasonably serve or benefit future residents of such subdivision.

B. Establishment and development time. Any fees collected hereunder shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they 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 within the subdivision.

C. Exceptions for small subdivisions. Only the payment of fees shall be required in subdivisions of fifty (50) parcels or less, except as provided in Cal. Gov't Code § 66477(g).

D. Standards for dedication. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of benefits of the park and recreational facilities by the future residents of the subdivision. The City Council establishes a ratio of five (5) park acres to one thousand (1,000) population, in accordance with the Subdivision Map Act.

E. Population density. Population density for the purpose of this chapter shall be determined in accordance with the latest Census of Population on Housing. Mean population per dwelling unit is as follows:

1988 Figures

F. In-lieu fee. When a fee is to be paid in lieu of the dedication of land, the amount of that fee shall be based upon the current fair market value of vacant land in the immediate vicinity. “Fair Market Value” (FMV) shall be determined upon approval of the tentative map in accordance with the following:

1. The fair market value as determined by staff and approved by the Planning Commission; or

2. If the subdivider objects to such evaluation, he or she may, at his or her expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, whose appraisal may be accepted by the Planning Commission if found reasonable.

If a proposed subdivision contains fifty (50) parcels or less, only the payment of fees, as provided herein, shall be required. However, when a condominium project, stock cooperative or community apartment project exceeds fifty (50) dwelling units, dedication or payment of fees shall be required notwithstanding that the number of parcels may be less than fifty (50).

G. Amount of fee. The basis of said in-lieu fee shall be the current fair market value of prime park land in accordance with the General Plan.

Fee Per Acre (Based on appraisal of FMV per square foot) 43,560 sq. ft. per acre x 100% of $FMV - $ per acre

Combination of Dedication and Fees

Where private 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, such areas shall be credited at a rate of fifty percent (50%) against the requirements of dedication for park and recreation purposes, as set forth in § 18.65.080.E., or the payment of fees in lieu thereof, as set forth in § 18.64.080.G., provided the Planning Commission finds it is in the public interest to do so, and that the following standards are met:

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

B. That the private ownership and maintenance of the open space and associated facilities is adequately provided for by written agreement; and

C. 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 future owners of property within the tract and which cannot be defeated or eliminated without the consent of the counsel; and

D. That the proposed private open space is 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; and

E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan, and are approved by the Planning Commission.

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

1. Subdivider. At the time of filing a tentative map application, the owner of the property shall, as part of such filing, indicate whether he or she desires to dedicate property for park and recreational purposes, or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative map as submitted.

2. Action of city. Prior to approval of the tentative map, the Parks, Recreation and Human Services Commission shall review and recommend to the Finance Committee, based upon the Commission's recommendation, which will then recommend to the Planning Commission, which shall determine whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both.

3. Prerequisites for approval of final map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the city at least thirty (30) days prior to approval of the final map and shall be recorded with the final map.

B. Determination. Whether the Planning Commission 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. Parks and Recreation element of the city's General Plan; and

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

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

The provisions of this chapter shall not apply to the following:

A. Subdivisions containing five (5) 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 section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

B. Commercial or industrial subdivisions.

C. 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.