Chula Vista Municipal Code Ch. 18.40 Dedications

Sections:

***** For statutory provisions vesting control over subdivision design and improvement in the governing bodies of cities, see Bus. and Prof. Code § 11525.

CROSS REFERENCES: Open Space, see Ch. 17.08 CVMC. Residential Construction Tax, see Ch. 3.32 CVMC.

It is the purpose and intent of the provisions of this chapter and, for the coastal zone, of the certified local coastal program to require the reservation or dedication of land directly benefiting the regulated subdivision in order to provide for the necessary public facilities and conservation of coastal resources including, but not limited to, sites for parks, recreational areas, and shoreline public access ways; open space; environmentally sensitive habitat areas; and schools, libraries, fire stations and police substations. In addition to requirements for reservation and dedication of lands, provision is made herein for the payment of fees in lieu thereof for the acquisition of lands outside of the regulated subdivision, which lands will provide equivalent sites for the purposes set forth herein to benefit said regulated subdivision. In each case it is the intent that the subdivision will receive the direct benefit upon which the exaction was postulated. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1101).

All parcels of land intended or needed for public use shall be dedicated to the City or irrevocably offered for dedication before a final map or parcel map is approved or irrevocably offered for dedication on the map. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(1)).

All dedications and offers of dedication shall be accompanied by a certificate of title or policy of title insurance, issued by a title company authorized by the laws of the state to write the same, showing the names of all persons having a recorded interest in the land to be dedicated or offered for dedication. Such certificate or policy shall be submitted to the City Engineer at the time the final map or parcel map is submitted for examination and certification. Any recorded interest in the land to be dedicated shall be subordinated to the City. After the final map is recorded, or if dedications and offers of dedication are by separate instrument, after such instrument or instruments are recorded, a policy of title insurance shall be issued for the benefit and protection of the City. Any expense involved in complying with the provisions of this section shall be borne by the subdivider. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(2)).

If an improved drainage facility is determined to be necessary for the general use of lot owners in the subdivision or for local neighborhood drainage needs, the subdivider shall dedicate an adequate right-of-way for such facility. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(3)).

If a subdivision is traversed by a watercourse, channel, stream, creek or swale, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(4)).

Wherever it is determined that a street is necessary for the future subdivision of the property as shown on the subdivision map or for adjoining property, but that the present dedication and construction of such street is not warranted, the subdivider shall conditionally offer such street for dedication. The widths and locations of such streets shall be determined by the City Engineer. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(5)).

If an easement for a right-of-way required under the provisions of this chapter is in the process of condemnation by the City at the time of the filing of a final map or parcel map, the subdivider shall offer the right-of-way for dedication. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(6)).

In areas where, in the opinion of the Fire Chief, there will be a fire hazard to the watershed or any other properties, unobstructed easements not less than 15 feet wide to provide access for fire protection equipment shall be dedicated from the public street to the subdivision boundary. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(7)).

Sanitary sewer, storm drain, and other public utility easements required by the subdivision manual within the subdivision shall be dedicated. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(8)).

If, when the final map or parcel map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drain easements for public use, which acceptance shall be recorded in the office of the county recorder. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1102(9)).

New subdivisions shall connect to a dedicated and improved (or bonded for) street and shall make provision for dedication of necessary public rights-of-way, including streets, pedestrian ways and utility easements, within or adjacent to the subdivision. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(1)).

Where it is in the interest of the public safety or welfare to limit the access to any street or highway, the subdivider may be required to waive direct access rights or easement of access to any such street or highway from any property shown on the final map as abutting thereon. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(2)).

Tentative maps for new subdivisions shall indicate sites for required public facilities, including, but not limited to, sites for libraries, fire stations and police substations. The required sites shall be offered to the City for immediate purchase, or under exclusive option for a period of two years from the date of execution, at current unsubdivided land fair market values on said date of execution plus interest and any necessary costs incurred by the subdivider, from date of execution to date of exercise of said option, which are beneficial to the City. Such agreements shall be executed prior to City approval of the final map or parcel map, and shall be a condition of such approval. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(3)).

New subdivisions shall make the provision for the continuation of existing streets in adjoining or adjacent subdivisions insofar as these may be necessary for public requirements. Streets shall be extended to the boundary of the subdivision to provide suitable access to adjoining property. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(4)).

A street or alley lying along the boundary of a subdivision may be dedicated less than the full required width, but in no case less than one-half the required width, if it is practical to require the dedication of the remaining width when the adjoining property is subdivided. Such portion of a street shall be distinctly designated upon the map or plat as being a portion only of a street, and not the street in full width. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(5)).

Whenever there already exists a dedicated and recorded half street or alley on an adjoining plat, the other half must be dedicated on the proposed plat to complete the street or alley right-of-way. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(6)).

Where practicable, access shall be provided to major canyon areas via streets, alleys or other public ways as may be necessary to provide for future development and public safety. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(7)).

As a condition 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 public shoreline access easements consistent with the certified local coastal program land use plan. All irrevocably offered easements and lots shall be accepted by the City within three years after the approval of the final map pursuant to Section 66477.2 of the Map Act. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.1103(8)).