Larkspur Municipal Code Ch. 17.12 Dedications, Reservations and Easements

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication to the City or appropriate governing bodies and utility companies of all parcels of land or easements within the subdivision that are needed for streets, alleys (including access rights), abutters’ rights and nonaccess easements, and easements for drainage, pedestrians, bicycles, public utilities and emergency access. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within an elementary school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

B. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty (30) days after the requirement of dedication is imposed by the City, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

C. The school district shall, if it accepts the dedication, repay to the subdivider or their 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 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 such dedicated land, including interest costs incurred on any loan covering such land.

D. If the land is not used by the school district as a school site within ten (10) years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

E. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. The Planning Commission and City Council shall not approve the tentative or final map of any subdivision fronting on a public water resource, which subdivision does not provide or have available reasonable public access by fee or easement from a public highway to:

1. That portion of the bank of the resource bordering or lying within the proposed subdivision when the
resource is a public waterway, river or stream.

2. Land below the ordinary high-water mark of the resource within or at a reasonable distance from the
subdivision, when the resource is a bay shoreline.

3. Any water of the resource upon which the subdivision borders either within the subdivision or a
reasonable distance from the subdivision, when the resource is a lake or reservoir owned in part or entirely
by any public agency.

B. In making the determination of what shall be reasonable access from a public highway to a resource, the Planning Commission and City Council shall consider all of the following:

1. That access may be by highway, foot trail, bike trail, horse trail or any other means of travel.

2. The size of the subdivision.

3. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

4. If the resource is a waterway, river, stream, lake or reservoir, then the Planning Commission and City
Council shall consider the type of riverbank or shoreline and the various appropriate recreational, educational
and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific
collection and teaching.

5. If the resource is a bay shoreline, then the Planning Commission and the City Council shall consider the
type of shoreline and the various recreational, educational and scientific uses, including but not limited to,
diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific
exploration. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. The Planning Commission and City Council shall not approve the tentative or final map of any subdivision fronting on a public waterway, river or stream which does not provide for a dedication of a public easement along a portion of the river or stream bordering or lying within the proposed subdivision.

B. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the local agency in which the proposed subdivision is to be located. In making the determination for reasonably defining the extent, width, and character of the public easement, the local agency shall consider all the following:

1. That the easement may be for a foot trail, bicycle trail or horse trail.

2. The size of the subdivision.

3. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

4. The type of riverbank and the various appropriate recreational, educational and scientific uses including,
but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching. (Ord.
1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. Nothing in Larkspur Municipal Code Sections 17.12.030 and 17.12.040 shall require denial of a tentative or final map when a finding can be made that reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the map.

B. Nothing in Larkspur Municipal Code Sections 17.12.030 and 17.12.040 shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or nonowners of the real property in question.

C. Industrial subdivisions shall be exempt from the requirements of Larkspur Municipal Code Sections 17.12.030 and 17.12.040. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or the Larkspur General Plan, containing a Community Facilities Element, Recreation and Parks Element and/or a Public Building Element, the subdivider may be required to reserve sites as determined by the City in accordance with the definite principles and standards contained in the above specific plan or General Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unreasonable. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event it is not acquired within the prescribed period. (Ord. 1030 § 2(11), 2018; Ord. 896 § 2 (part), 1998; Ord. 584 § 1 (part), 1977)

The City shall, at the time of approval of the final map or parcel map, enter into a binding agreement with the subdivider to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. (Ord. 1030 § 2(11), 2018; Ord. 896 § 2 (part), 1998; Ord. 584 § 1 (part), 1977)

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. (Ord. 1030 § 2(11), 2018; Ord. 896 § 2 (part), 1998; Ord. 584 § 1 (part), 1977)

As a condition of approval of the subdivision map, the City shall require dedication of bicycle paths for the use and safety of residents of the subdivision, if the subdivision contains two hundred (200) or more parcels. (Ord. 1030 § 2(11), 2018; Ord. 896 § 2 (part), 1998; Ord. 584 § 1 (part), 1977)

A. As a condition of approval of the subdivision map, the City shall require dedication or irrevocable offer of dedication of land for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of the subdivision, if:

1. The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the adopted General Plan or contains one hundred (100) acres or more; and

2. The City finds that transit services are or will, within a reasonable time period, be made available to such subdivision.

B. The provisions of this section do not apply to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five (5) years old when no new dwelling units are added. (Ord. 1030 § 2(11), 2018; Ord. 896 § 2 (part), 1998; Ord. 584 § 1 (part), 1977)