Hidden Hills Municipal Code Art. I Dedication and Reservation of Land

As a condition of approval of a final, parcel or revision to acreage map, subdivider shall dedicate or provide an irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. The Planning Agency may require the dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities if the requirements of the Map Act are met. Dedications or offers of dedications of streets shall include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Ord. 195, 7-6-87; 1994 Code)

A. The subdivider shall dedicate an easement for bridle trail and utility purposes over the strips and portions of land ten feet wide lying entirely within and abutting upon all boundaries of each lot of the subdivision.

B. All boundary line easements provided for by this Section shall be left by the subdivider in their natural state.

(Ord. 195, 7-6-87)

A. General City Park and Recreation Land Requirements: The public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. The requirement is, or will be, satisfied, in part, by cooperative arrangements between the City and the local school district to make available one and one-half acres of property for each 1,000 persons residing within the City for park and recreational purposes. The remainder of the required five acres shall be supplied by the requirements which follow.

B. Subdivider Contributions: Every person who subdivides land shall, as a condition of approval of a final map or parcel map, dedicate land, pay a fee in lieu thereof or both, at the option of the City, for park and recreational purposes at the time and according to the standards and formula contained herein.

C. Determination of Dwelling Units: The basis for determining the total number of dwelling units for use in computing the amount of land to be dedicated, or fee in lieu thereof, shall be one dwelling unit for each lot created by a residential subdivision. The determination hereunder shall be made prior to the time of approval of the tentative map by the Planning Agency.

D. Computation of Land Dedication Requirement: The amount of land required for dedication by a subdivider shall be based on the number of dwelling units allowable at the rate of 0.00465 acres of park land for each lot in the subdivision.

E. Fee in Lieu of Dedication:

1. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be a sum equal to the fair market value of the amount of land that would be required to be dedicated, as applied to the total number of parcels in the subdivision.

2. "Fair market value" shall be determined as of the time the Planning Agency's approval of the tentative tract map based upon the then assessed value of the land, modified to equal market value in accordance with current practices of the County Assessor.

F. Common Area Credit: Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes or the payment of fees in lieu thereof; provided, the Planning Agency finds it is in the public interest to do so and that the following standards are met:

1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations [12] shall not be included in the computation of such private open space; and

2. That the private ownership and maintenance of the open space is adequately provided for by written agreement;

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and

4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the City Council.

G. Determination of Land Dedication and/or Fee: The procedure for determining whether the subdivider is to dedicate land, pay a fee or both shall be as follows:

1. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted.

2. At the time of the tentative tract map approval, the City Council shall determine as part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof or a combination of both.

3. Where dedication is required, it shall be accomplished in accordance with the provisions of the Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.

H. Decision by City for Dedication and/or Fee:

1. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof or a combination of both shall be determined by consideration of the following:

a. Recreational element of the City's General Plan; and

b. Topography, geology, access and location of land in the subdivision available for dedication; and

c. Size and shape of the subdivision and land available for dedication.

2. The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof shall be final and conclusive. (On subdivisions involving 50 lots or less, only the payment of fees shall be required.) At the time the final tract map is approved, the City Council shall designate the time when development of park and recreational facilities shall be commenced.

I. Use of Land and Fees: The land and fees received hereunder shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which the fees were received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. Notwithstanding the above, it is not intended that park and recreational facilities purchased with fees be used only by residents of the subdivisions that made the contribution.

J. Bridle Trails: Bridle trails shall not be deemed land for park and recreational purposes under the Article.

(Ord. 195, 7-6-87; 1994 Code)

Footnotes:

--- (12) ---

See Chapters 2 and 5, respectively, of this Title.

The Planning Agency may direct that areas of real property within the subdivision shall be reserved for parks and recreational facilities, fire stations, libraries and other public uses in accordance with Section 66479 of the Map Act.

(Ord. 195, 7-6-87; 1994 Code)

The Planning Agency may require that the improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public; provided, that the subdivider is reimbursed for the costs of such supplemental facilities in accordance with the procedures and requirements of the Map Act.

(Ord. 195, 7-6-87; 1994 Code)