Chapter 17.150 — GENERAL DEDICATION REQUIREMENTS

As a condition of approval of a tentative map, the City may require the subdivider to dedicate or make an irrevocable offer to dedicate to the public, to the City, or to such other public agency as the City may deem appropriate all real property, both on-site and off-site, required for public use or benefit, including but not limited to streets, highways, alleys, access rights, bikeways, walkways, equestrian trails, rights-of-way for drainage and erosion control facilities, open space and other public easements, and public utility easements. In addition, the City may require dedications and reservations of park sites, school sites, and sites for other public facilities in accordance with the provisions of Chapters 17.150 through 17.168. (08-05)

As a condition of approval of a tentative map, the City may require that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. (08-05)

• A. Certificate to Be Recorded

The City shall record a certificate with the County Recorder regarding property to be dedicated in fee for public purposes or for making public improvements or for construction of public facilities, other than for open space, parks, or schools. The certificate shall be attached to the final map and shall contain all of the following information:

1. The name and address of the subdivider dedicating the property.

2. A legal description of the real property being dedicated.

3. A statement that the City shall reconvey the property to the subdivider if the City makes a determination pursuant to this section that the same public purpose for which the property was dedicated does not exist or that the property or any portion thereof is not needed for public utilities as specified in subsection C of this section.

• B. Determination Whether Public Need for Dedication Still Exists

The subdivider may request that the City make the determination that the same public purpose for which the dedication was required still exists after payment of a fee which shall not exceed the amount reasonably required to make the determination. The determination may be made by reference to a capital improvement plan as specified in the Government Code, to an applicable general or specific plan requirement, to the subdivision map, or to other public documents that identify the need for the dedication.

• C.

• Reconveyance Upon Determination that Need No Longer Exists

If the City has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider specified in

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City of Claremont, CA

CLAREMONT CODE

§ 17.150.020

§ 17.150.020

subsection A of this section or to the subdivider's successor in interest, except for all or any portion of the property that is required for that same public purpose or for public utilities.

• D. Notice to Subdivider Before Disposition of Dedicated Property

If the City decides to vacate, lease, sell, or otherwise dispose of the dedicated property, the local agency shall give at least 60 days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

• E. Applicability

This chapter is applicable only to property required to be dedicated on or after January 1, 1990.

(08-05)

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City of Claremont, CA § 17.153.000

SUBDIVISION ORDINANCE