§ 19.80

This Chapter establishes requirements for the for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

A.

Dedications required. Required dedications shall include all of the following.

1.

Reversion to acreage. The review authority may require dedications as a condition precedent to filing a map for the purpose of reverting to acreage land previously subdivided.

2.

Restricted use areas. The right to restrict the erection of structures within those portions of parcels which are shown as being subject to flood hazard, inundation, or geological hazard on a tentative parcel or tract map shall be dedicated.

3.

Sewers and drains. If sewers or drains or both are required for the general use of parcel owners in a division of land and the sewers or drains are not to be installed within public highways, streets, or alleys, the necessary easements shall be granted.

4.

Natural watercourses. In the event that a division of land is traversed by a major watercourse, channel, creek, stream, or swale, the review authority may require that an adequate right-of-way be dedicated for storm drainage purposes.

B.

Dedications and improvements.

1.

Offer for dedication. All streets, highways, and parcels of land shown on the final tract or parcel map and intended for any public use shall be offered for dedication for public use by certificate on the final map.

2.

Future dedication. Streets or portions of streets may be offered for future dedication where the immediate widening and improvement is not required but where it is necessary to ensure that the City can later accept

dedication when the streets are needed for the further development of the area or adjacent areas. The offers shall be made by certificate on the final map.

3.

Improvement condition. The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways, and easements as a condition precedent to acceptance and approval of the final map when the areas of abutting parcels are an acre or less, and the improvements may be required if the areas of abutting parcels exceed one acre each. The improvements shall include bridges, culverts, curbs, grading, gutters, sanitary sewers, sidewalks, storm drains, street lights, surfacing, and other structures or improvements as may be required by ordinance or deemed by the review authority to be necessary for the general use of the parcel owners in the subdivision and local neighborhood traffic and drainage needs.

4.

Grades. All improvements shall be installed to grades approved by the City Engineer.

5.

Plans, profiles, and specifications. Plans, profiles, and specifications of proposed improvements shall be furnished to the City Engineer at the time of submitting the final map, and be approved by the City Engineer before the final map is filed with the review authority. The plans and profiles shall show full details of the proposed improvements which shall be in compliance with all applicable City standards.

C.

General work and improvements required.

1.

The minimum work and improvements which the subdivider shall be required to make, or enter into an agreement to make, in the subdivision before the acceptance and approval of the final tract map by the Council, or approval of the final parcel map by the review authority both as provided in Section 19.78.040 (Subdivision Improvement Requirements), shall include all of the following:

a.

Adequate distribution lines for domestic water supply to each parcel;

b.

Sewage collection system, unless the City determines that main lines of an adequate disposal system are not reasonably available;

c.

Adequate drainage of the subdivision streets, highways, ways, and alleys;

d.

Adequate grading and surfacing of streets, highways, ways, and alleys;

e.

Curbs and gutters, crossgutters, and sidewalks; provided,, the sidewalks may be omitted in whole or part in the event that the City determines that the omission of sidewalks is desirable or justified by reason of particular circumstances, which shall be specified in writing in the determination;

f.

Monuments;

g.

Fire hydrants at locations designated by the Fire Department;

h.

Street name signs, two to each intersection;

i.

Necessary barricades and safety devices;

j.

Street trees, in compliance with the requirements of the Department of Public Works;

k.

An underground ornamental street lighting system shall be required.

(1)

The underground ornamental system is to be installed by the subdivider; the subdivider shall be liable for and pay all costs incurred in installing the entire system and appurtenances thereto.

(2)

Installation of street lighting shall be in compliance with the plans and specifications of, or approved by, the City Engineer.

(3)

The system shall be installed subject to the inspection of the City Engineer and electrical provider;

l.

All new and preexisting lighting, power, and telephone lines shall be undergrounded within all street rightsof-way adjacent to and within the subdivision boundaries and all utility lines leading from the poles to the new parcels shall also be undergrounded, all by and at the expense of the subdivider.

(1)

If it is determined by the City Engineer that it is impractical for the subdivider to complete all undergrounding required by this Subparagraph, then a cash fee equal to the estimated cost thereof may be deposited in the City's Underground Utility Fund in lieu of installation.

(2)

The estimate of cost shall be prepared by a licensed civil engineer at the expense of the subdivider and reviewed and recommended for approval by the City Engineer before it is accepted by the City.

(3)

Subject to review and approval by the City Engineer, high voltage transmission lines may be exempted.

2.

All improvements shall conform to the standards and specifications established by the Council.

D.

Acceptance of dedications.

1.

Certification of council action.

a.

At the time the Council approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication.

b.

The City Clerk shall certify on the map the action of the Council.

2.

Deferred acceptance.

a.

If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure Section 771.010, 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, alleys, paths, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use, in compliance with Subparagraph B. 2. (Future Dedication), above.

b.

The acceptance shall be recorded in the office of the County Recorder.

The subdivider, as a condition of approval of a tentative map, may be required to reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance with the requirements of Government Code Sections 66479 and 66480.

Chapter 19.82 - DEDICATION OF LAND FOR PARK AND RECREATIONAL PURPOSES

Sections: