Morro Bay Municipal Code Ch. 16.52 Dedications

All parcels of land intended or needed for public use shall be offered for dedication to the city before any subdivision is approved - typically, when the final map is filed. The subdivider shall grant whatever land or easements the city determines are necessary to fulfill the purposes of these regulations. Such dedication of parcels or easements and improvements may be required for the following uses:

A. Streets and alleys, including future streets;

B. Private streets (conditional dedication) for emergency services;

C. Pedestrian and bicycle paths, or sidewalks;

D. Bus stops;

E. Public utilities;

F. Natural watercourses, storm drains and flood-control channels;

G. Public access, including access for maintenance or fire protection;

H. Protection of scenic and environmentally sensitive lands;

I. Street trees;

J. Parks and recreation facilities;

K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas;

L. School sites as may be necessary in accordance with the Subdivision Map Act;

M. Sites to be preserved for public use as provided in the Subdivision Map Act;

N. Such other public purposes as the city may deem necessary, provided the amount of property required to be dedicated bears a reasonable relationship to the increased need for public facilities created by the subdivision.

(Ord. No. 522, § 3, 3-12-2007)

If, at the time the final map or parcel map is approved, any of the easements set out in Section 66477.2 of the California Government Code are rejected, the offers of dedication shall be irrevocable and the city council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open any of these easements for public use. The acceptance shall be recorded in the office of the county recorder.

(Ord. No. 522, § 3, 3-12-2007)

The city may require 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 a final map or parcel 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. 522, § 3, 3-12-2007)

Before a final map is recorded, or if dedication and offers of dedication are supplemented by separate instrument, before such instrument or instruments are recorded, a preliminary title report shall be issued for the benefit and protection of the city. Any expense involved in complying with the provisions of this section shall be borne by the subdivider.

(Ord. No. 522, § 3, 3-12-2007)

A. The subdivider shall provide for adequate and appropriate public park and recreation facilities for the subdivision by the dedication of lands therein and according to the following requirements.

B. Prior to consideration of a tentative map, the recreation and parks director, or his/her designee will identify pursuant to this chapter the land area required for dedication or in-lieu fee payment. The final decision maker shall state as a condition of approval of a final map whether the subdivider shall dedicate land, pay a fee in lieu thereof, or both, based on a recommendation from the recreation and parks director for park and recreation purposes.

C. General standards for the public interest, health and welfare require that four acres of property for each one thousand persons residing in the city be devoted to neighborhood and community park and recreation purposes.

D. Dedication of land, fifty parcels or more.

1. Where a park or recreation facility has been designated in the access and recreation element of the general plan of the city and it is to be located in whole or in part within the proposed subdivision, the subdivider shall dedicate land for a local park as determined by the following formula: