Chapter 18.60 — Dedications, Reservations, and Exactions

Sections:

• 18.60.010 – Purpose 18.60.020 – Dedications 18.60.030 – Reservations

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 and easements shall include all of the following.

  1. Bicycle Paths. As a condition of approval of a tentative map, whenever a subdivider is required to dedicate roadways to the public, the subdivider may be required to dedicate and improve additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision. Alternatively, the subdivider can meet this requirement by paying a bicycle in lieu fee.

     • a. Sufficient Size, Location, and Type. Dedications and improvements for bicycle paths shall be of sufficient size, location, and type as necessary to serve the subdivision. In all cases, the requirements for dedications and improvements shall be consistent with the General Plan, particularly the City Bikeways Plan, and any applicable area plan.

  2. Major Thoroughfares. As a condition of approval of a final map or the issuance of a building permit, the subdivider may be required to pay a fee to defray the actual or estimated costs of constructing or maintaining major thoroughfares within the City.

  3. Groundwater Recharge Facilities. As a condition of approval of a final or parcel map or the issuance of a building permit, the subdivider may be required to pay a fee to defray the actual or estimated cost of constructing recharge facilities for the replenishment of the underground water supply.

  4. Park and Recreational Purposes. Dedications for park and recreational purposes shall be in compliance with Chapter 18.62 .

  5. Public Facilities. As a condition of approval of a tentative map the subdivider may be required to reserve all land within the subdivision that is needed for public facilities including, but not limited to, fire stations, libraries, parks, and other public uses and facilities.

     • a. Sufficient Size, Location, and Type. Reservations for public facilities shall be of sufficient size, location, and type as needed to meet their intended purpose. In all cases, the location of a public use for which the land is dedicated or reserved

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shall be supported by and consistent with the policies and standards of the General Plan and any applicable area plan.

• b. Responsible Organization or Agency. Requirements for the amount and location of the land to be reserved shall be further determined by consultation with the organization or agency that is responsible for the operation of the public facility in question. For example, if land is to be set aside for a fire station, the Fire District shall be consulted.

• c. Development in an Orderly and Efficient Manner. Reserved areas shall be of a size and shape as to permit the balance of property within which they are located to develop in an orderly and efficient manner. The land to be reserved shall also be designed so as to permit an efficient division and development of the reserved area in the event that it is not acquired by the organization or agency.

• d.

Procedure for Reservation of Land for Public Facilities.

• (1) At the time of final map or parcel map approval, the City or other public organization or agency for whose benefit an area has been reserved shall enter into a binding agreement with the subdivider to acquire the reserved area within two years following completion and acceptance of all improvements, unless this period of time is extended by mutual agreement.

• (2) The purchase price shall be the market value of the land and any improvements at the time of the filing of the tentative map plus the taxes against the reserved area from the date of reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

• (3) If the public organization or agency for whose benefit an area has been reserved does not enter into a binding agreement to acquire the reserved area within two years following the completion and acceptance of all improvements, the reservation of the area shall automatically terminate.

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. 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.

4. 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.

School Sites.

• a. Land Dedication for Schools. The City requires any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school to dedicate to the school district, or districts, within which the subdivision(s) is to be located, land as the Review Authority shall deem to be necessary for the purpose of constructing an elementary school(s) necessary to ensure the residents of the subdivision

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adequate public school service, in compliance with Government Code Sections 66455.9 and 66478.

• b. Exception. This requirement for school site dedication shall not apply to a subdivider who has owned the property being subdivided for more than 10 years before the filing of the tentative map.

• c. Land Specifications. Dedication of land for an elementary school(s) shall be of suitable location, size, and type as necessary to meet the elementary school needs of the subdivision. This dedication requirement shall also take into account anticipated growth in the area which can reasonably be expected to increase demand for school services in the future. The elementary school site dedication requirements will be determined by the Review Authority in consultation with the school district providing elementary school service in the area of the subdivision.

• d. Offer and Acceptance of Dedication. This dedication requirement shall be imposed at the time of tentative map approval.

  • (1) If the school district does not offer. If within 30 days following the date this requirement of dedication is imposed by the City the school district does not offer, in writing, to enter into a binding commitment with the subdivider to accept the dedication, this dedication requirement shall be automatically terminated.

  • (2) If the school district does offer. If the school district does offer, in writing, to enter into a binding commitment, the required dedication may be accepted any time before, concurrently with, or up to 60 days following the recording of the final map on any portion of the subdivision.

• e. Repayment to Subdivider. The school district will, if it accepts the dedication, repay to the subdivider or 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 made by the subdivider to the dedicated land 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;

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

• f. Certificate to be Recorded.

  • (1) The school district to which the property is dedicated shall record a certificate with the County Recorder’s Office. The certificate shall contain all of the following information:

    • (a) The name and address of the subdivider

dedicating the property;

• (b) A legal description of the real property being dedicated;

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     - (c) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within 10 years following dedication; and 

     - (d) Proof of the acceptance of the dedication by the school district and the date of the acceptance.

• (2) The certificate shall be recorded not more than 10 days following the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record the certificate, but until the certificate is recorded, any rights acquired by any third party dealing in good faith with the school district will not be impaired or otherwise affected by the option right of the subdivider.

  • g. Option to Repurchase. If the school district accepts the dedication, but the land is not used by the school district as a school site within 10 years following dedication, the subdivider shall have the option to repurchase the property from the school district for the original amount paid.

6. Storm Drainage and Sanitary Sewer Facilities. As a condition of approval of a tentative map , the subdivider may be required to pay a fee to defray the actual or estimated costs of constructing storm drainage facilities and/or sanitary sewer facilities planned for local or neighborhood areas.

7. Transit Facilities. The City may require that the subdivider dedicate, or make an irrevocable offer of dedication, for all land within the subdivision needed for local transit facilities including, but not limited to, bus turnouts, benches, shelters, and similar items that directly benefit the residents of the subdivision. In addition, the subdivider may be required to install the required transit facilities. A transit facility in lieu fee can also be collected to meet this requirement.

   • a. Availability of Transit Services. Before imposing the requirement for the dedication of transit facilities, the City shall first find that transit services are or will be made available to the subdivision within a reasonable time period.

   • b. Exemption. The requirement for dedication and installation of transit facilities does not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building that is more than five years old, when no new dwelling units are added.

   • c. Sufficient Size, Location, and Type. Dedications and improvements for transit facilities shall be of sufficient size, location, and type as necessary to meet the transit needs of the subdivision. In all cases, the requirements for dedications and improvements will be consistent with the transit-related policies of the General Plan and any applicable area plan. The requirements will also be determined by consultation with SamTrans or other transit provider serving the area.

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.

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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. Improvements Required. 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 one acre or less, and the improvements may be required if the areas of abutting parcels exceed one acre each. The improvements shall also 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, for the subdivision before the acceptance and approval of the final tract map by the Review Authority, or approval of the final parcel map by the Review Authority 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; the sidewalks may be omitted in whole or part in the event the applicable Review Authority determines 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 District;

   • h. Street name signs; at least two for each intersection;

   • i. Necessary barricades and safety devices;

   • j. Street trees;

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• k. An ornamental street lighting system, together with required underground conduit and wiring.

• (1) The ornamental system shall be installed by the subdivider; the subdivider shall be liable for and pay all costs incurred in installing the entire system and all related appurtenances.

  - (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, cable, and telephone lines shall be undergrounded within all street rights-of-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, then a cash fee equal to the estimated cost of the undergrounding shall 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 City.

D. Acceptance of Dedications.

1. Review Authority Action and Certification.

   • a. At the time the Review Authority 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 Review Authority.

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 as set forth in Code of Civil Procedure Chapter 771.010, the offer of dedication shall remain open and the Review Authority 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.

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

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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 Government Code Sections 66479 and 66480.

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