El Monte Municipal Code Ch. 16.32 Dedications and Reservations

The purpose of this chapter is to establish the dedications and reservations that may be imposed as a condition for approval of a tentative map.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. As a condition of approval for a proposed subdivision for which a tentative tract or parcel map is required by this chapter, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision, which are needed for vehicular, rail or bicycle transit; drainage casements; water, sewer, natural gas, electricity and cable television facility casements; sunlight, open space; scenic easements; and other public purpose easements of rights-of-way deemed necessary by the Planning Commission, upon recommendation by the City Engineer and/or Community Development Director.

B. The Planning Commission may, pursuant to Section 66476 of the Subdivision Map Act, impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on the map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. Dedications or offers to dedicate interests in real property as described above, shall be made by certificate on a final map, pursuant to Section 66439 of the Subdivision Map Act, by certificate on a parcel map or by separate instrument pursuant to Section 66447 of the Subdivision Map Act.

B. In addition, pursuant to Section 66476 of the Subdivision Map Act, the final or parcel map shall contain a certificate stating the approval or rejection of the dedications or offers of dedication, by the Planning Commission.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66477 of the California Government Code (hereinafter, the "Quimby Act"), the subdivider shall be required to dedicate land, pay fees in lieu thereof, or pay and dedicate a combination of both, for park and/or recreational purposes, including open space purposes. The standards for land dedication or in-lieu fees are established in City Council per the most current ordinance, copies of which can be obtained from the City Clerk as a public record.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66478 of the Subdivision Map Act, subdivider shall be required to dedicate land for an elementary school site. The standards and procedures for such dedication shall be established by the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66479 of the Subdivision Map Act, and subject to conditions subdivider shall be required to reserve specific sites for a park, recreational facility, police or fire station, library or other public use. The standards and procedures for such dedication shall be established by the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. Pursuant to Section 66483 of the Subdivision Map Act and subject to conditions, subdivider shall pay fees for required storm drainage and sewer improvements. The City Council shall establish procedures and standards for determining the appropriate fees.

B. In addition, pursuant to Section 66488 of the Subdivision Map Act, the City Council may establish benefit areas for drainage and sanitary sewer facilities and may impose a reasonable charge on properties within the benefit areas, which charges shall be paid to the city, or to the subdivider, through a reimbursement agreement.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. Pursuant to Section 66484 of the Subdivision Map Act and subject to conditions, subdivider shall pay fees for purposes of defraying the actual or estimated cost of constructing bridges or other major thoroughfares. The City Council shall establish procedures and standards for determining the appropriate fees.

B. In addition, pursuant to Section 66489 of the Subdivision Map Act, the City Council may establish benefit areas for bridges or major thoroughfares and may impose a reasonable charge on properties within the benefit areas, which charges shall be paid to the city, or to the subdivider, through a reimbursement agreement.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Following approval of the tentative map, the subdivider shall submit to the city for review and approval the covenants, conditions and restrictions as directed by the Planning Commission and prepared in accordance with the guidelines prepared by the City Attorney's office for such development projects. Each submission shall be accompanied by a review fee in accordance with Section 16.36.020 of this title. Covenants, conditions and restrictions that are returned by the city because they were not done in accordance with the guidelines, or do not contain all of the conditions of the Planning Commission shall pay a resubmittal fee based upon actual cost.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)