Chino Municipal Code Ch. 19.07 Subdivision Improvements, Dedications and in-Lieu Fees

Dedication of parkland shall follow the process and formula contained in Title 18 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

The public need, safety and general welfare require that dedications, offers of dedication, and irrevocable offers of dedication of real property for various public uses be made to the city as conditions precedent to the approval, or conditional approval, of final maps, parcel maps, reversions to acreage, lot line adjustments, and consolidations and combinations of lots and parcels, or any other action or event requiring evidence of official city approval. Dedications may be required for streets, highways, alleys, public service easements, courts, walkways, bicycle trails, bridle trails, recreation trails, abutter's rights, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, water lines, water rights, public utilities, traffic signal facilities, transit facilities, environmental enhancement, landscaping, parks, recreation areas, and for all other public uses not specified, if found to be required to conform to or implement the city's general plan or any element thereof, or any applicable specific plan. Dedications may also be required by the city on behalf of any other public agency or district.

(Ord. 2010-07, § 1(exh. A), 2010.)

Dedications for streets and highways shall be to the width as designated on the circulation element of the city's general plan, or as designated on an approved specific plan. Deviations may be allowed for streets and highway widths not shown on the circulation element or on any approved specific plan, based upon the land use, traffic volumes or other factors as determined by the city engineer. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available, and other circumstances and factors as determined by the city engineer. Easements for sewer storm drain and water lines generally shall not be less than ten feet wide.

(Ord. 2010-07, § 1(exh. A), 2010.)

All dedications shall be made to the city in conformance with the following:

A. By final map or parcel map: All streets, highways, alleys, easements and parcels offered for dedication or to be dedicated shall be clearly indicated on the map. They shall be clearly described in the appropriate certificate on the title sheet of the map. Vehicular access right dedications shall likewise be shown and described on the final map.

B. By separate instrument: Where dedications are made requirements of the final approval of a lot consolidation, a lot combination or the approval and issuance of a site approval, special conditional use permit, building permit or any other permit, and no final or parcel map is required to be filed and recorded as a condition thereof, then the required dedications shall be made by separate instrument in a form approved by the city attorney, which shall be signed, executed and acknowledged by all parties having record title interest in the property or rights being dedicated. Preparation, execution and delivery of the fully executed instrument shall be made prior to the final approval by the city of the lot consolidation, lot combination or permit being requested.

(Ord. 2010-07, § 1(exh. A), 2010.)

Acceptance or rejection of dedications shall be in conformance with the following:

A. By final or parcel map: At the time of final map acceptance and approval by the city council, the council may accept, accept subject to improvement, reject or neither accept, nor reject any or all dedications or offers of dedication. The city clerk shall certify on the map the action by the council. If, at the time the map is approved, any dedications for, including but not limited to, road or street, path, storm drain, sanitary sewer, water, potable or recycled, public utilities and/or other public use are rejected, the dedications shall be irrevocably offered and the offer shall remain open and the city council may, by resolution, at any later date, and without further action by or notice to the subdivider, rescind its action and accept the dedications and easements for public use, which resolution of acceptance shall be recorded with the county recorder.

B. Offers of dedication which are covered by Subsection A. of this section may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part III, (commencing with Section 8300) of Division 9, or by Chapter 2 (commencing with Section 940) of Division 2 of the Streets and Highways Code, whichever is applicable.

C. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the county recorder or a resolution of acceptance by the city council is filed in such office.

D. If a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the city council, except as provided in Sections 66499.16, 66499.17 and 66499.18 of the Government Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

All vehicular and pedestrian access rights shall be dedicated to the city for those lots abutting any major, primary, secondary or collector street, flood control channel, park or bike trail, except at designated locations.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Purpose. The City of Chino may use this section to reserve an elementary school site within a proposed subdivision for later purchase by the appropriate school district. Whenever there is consideration of an area for a public school site within a subdivision, the city shall notify the school district and the state department of education, in writing, of the proposed site. The notification shall include the identification of any existing or proposed airport runways within the distance specified in Section 17215 of the Education Code.

B. Standards. As a condition of approval of a tentative or vesting tentative map, and as allowed by state law, a subdivider who develops or completes the development of one or more subdivisions within the school districts serving said subdivision shall dedicate to the school district (in the manner specified in this section) such lands as the city council deems necessary, for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service.

C. Consistency with general plan. School sites offered for dedication shall conform to the policies in the general plan and relevant specific plans and the requirements of the school district.

D. Timing. The requirement of dedication shall be imposed at the time of approval of the tentative or vesting tentative map. If, within thirty days after the requirement of dedication is imposed by the city, school districts do 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 days after the filing of the final map on any portion of the subdivision.

E. Repayment of costs. 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 lands since acquisition by the subdivider;

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; and

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

F. Exception. The dedication requirements of this section shall not apply to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Purpose. In order to meet the city's transportation goals as described in the general plan transportation element, as a condition of approval of a map or the approval of any site development plan, the subdivider/developer shall dedicate or make an irrevocable offer of dedication of all parcels or land within the subdivision or site that are needed for streets and alleys.

B. Right-of-way. Street dedications shall include the full right-of-way required for the functional classification of roadway as described in the general plan transportation element, applicable specific plans, and Section 19.06.020 of this title.

C. Street design. Streets to be dedicated to the City of Chino, as well as any private streets, shall follow the design specifications in Chapter 19.06 of this title.

D. Exemptions. Exemptions from street dedications may only be granted pursuant to Section 12.04.010 of the Municipal Code.

E. Termination. Offers of dedication may be terminated as described in Section 66477.1 of the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Dedication for bikeways and pedestrian trails. Whenever a subdivider is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedestrian paths as shown in the general plan transportation element, a bicycle or pedestrian master plan adopted pursuant to the general plan, or an applicable specific plan.

B. Required functions. Bikeways and pedestrian paths may be required:

1. To connect a cul-de-sac with another street; or

2. To provide access to parks, schools or similar facilities, in which case the path shall be dedicated to and maintained by the agency served.

C. Required characteristics. The bikeways shall meet the description of Section 890.4 of the Streets and Highways Code and shall meet the requirements of the general plan transportation element and any bicycle master plan.

D. Termination. Rejected offers of dedication may be terminated as described in Section 66477.1 of the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Purpose. In order to provide adequate local transit facilities, whenever a subdivider is required to dedicate roadways to the public, a dedication of land shall be required for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of the subdivision, as required by the director of community development and city engineer and as described in the general plan transportation element or an applicable specific plan.

B. In-lieu fees. Fees may be paid in lieu of dedication of land for the purposes of local transit in the case of subdivisions that consist of the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects.

C. Termination. Rejected offers of dedication may be terminated as described in Section 66477.1 of the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Pursuant to Section 66484 of the Subdivision Map Act, the subdivider shall pay traffic impact fees for the purpose of defraying the actual or estimated cost of constructing major thoroughfares, other city-wide transportation improvements or bridges. The city council shall establish procedures and standards for determining the appropriate fees.

B. Construction, modification or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, use or building permit, if the additional traffic generated by the tract or development, the safety of the traveling public, the increased use of the streets, or other circumstances necessitate said construction. Where the development of a subdivision or other project will be phased over a period time, and, in the opinion of the city engineer, the full effect of increased burden on the streets will not be realized immediately, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. In lieu of a cash deposit, the subdivider/developer may be permitted to post a bond or other surety to guarantee the installation of required traffic signals in a form satisfactory to the city engineer and city attorney. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.

(Ord. 2010-07, § 1(exh. A), 2010.)

Pursuant to Section 66484.5 of the Subdivision Map Act, the subdivider shall pay fees for the purpose of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The city council shall establish procedures and standards for determining the appropriate fees.

(Ord. 2010-07, § 1(exh. A), 2010.)

In addition to the dedications for specific public uses that this chapter requires, the subdivider shall reserve land within the subdivision for wells, fire stations, libraries, or other public uses, consistent with the general plan and applicable specific plans, provided that:

A. Balance. The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner;

B. Feasibility of development. The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible; and

C. Consistency with general plan. The reserved area shall conform to the general plan and applicable specific plans 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 an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.

(Ord. 2010-07, § 1(exh. A), 2010.)

Drainage and grading improvements. Drainage facilities shall be provided and installed as necessary to help protect the lots, parcels, buildings and structures from flooding, and to minimize flooding of the public streets therein or abutting the property. The facilities shall be designed to minimize the inundation of private properties from storm runoff emanating from a 100-year frequency storm. Public streets shall be protected from flooding from runoffs of a ten-year frequency storm, in accordance with city standards or approved equivalent. Protection to higher levels may be required by the city engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the San Bernardino County Flood Control District. Hydrologic and hydraulic calculations and studies for all such facilities shall be subject to the review and approval of the city engineer. All grading done in conjunction with the development of the tract or property concerned shall be performed in conformance with the Uniform Building Code and the city grading ordinance and with good engineering practices. On-site and off-site storm drain facilities and the site grading shall be so designed and constructed to prevent undue erosion of the site or off-site properties and to prevent excessive deposits of mud, silt or debris upon any public street, or easement, or within any channel, storm drain facility, swale or watercourse. The drainage facilities shall be designed in accordance with the city master plan of drainage and applicable elements of the city general plan or any adopted specific plan.

(Ord. 2010-07, § 1(exh. A), 2010.)

Sewer mains, manholes and appurtenances shall be constructed to serve each subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot and parcel therein. All such facilities shall be installed prior to the paving of the streets, alleys or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades and design in accordance with city standards and as required by the master plan of sewers, any element of the general plan or any adopted specific plan.

(Ord. 2010-07, § 1(exh. A), 2010.)

Water mains, service meters, cross connection control devices, valves, fire protection facilities, and all other appurtenances of the water system shall be provided to the sizes and shall be as required by the water master plan and water lines, grades and design in accordance with city standards and as required by any element of the general plan or any adopted specific plan.

(Ord. 2010-07, § 1(exh. A), 2010.)

Whenever any tentative tract or parcel map or map for the reversion of lots to acreage if filed, all electrical, telephone, cable television and similar wires, cables, services and appurtenances which provide direct service to the property being subdivided, divided or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure or development being added to or rebuilt shall be underground as a condition precedent to the approval of such tentative or final parcel map or subdivision tract map, by the city council or city engineer, whichever is applicable, pursuant to Chapter 13.32 of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

Prior to the issuance of a building permit for construction on any lot within any subdivision, the applicant for such permit shall pay all fees established by Chapters 3.40 and/or 3.45, Title 3, of the Chino Municipal Code.

(Ord. 2010-07, § 1(exh. A), 2010.)

When any dedication, improvement or design is required by the city engineer and the subdivider does not have full control of the land required in connection with the dedication, improvement or design, and condemnation proceedings are necessary as determined by the city, the subdivider shall pay all necessary and reasonable costs involved in the condemnation or acquisition including, but not limited to, appraisal work and court costs.

(Ord. 2010-07, § 1(exh. A), 2010.)