16.106 Dedications, Reservations, and Development Fees

The purpose of this chapter is to outline procedures for complying with the city's requirements for dedications, reservations, and development fees necessitated by the approval of subdivision projects, in compliance with the subdivision map act Chapter 16.36 (Public Facilities/infrastructure Mitigation) and this article. (Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, shall dedicate, or make an irrevocable offer of dedication of, all parcels of land within the subdivision that are needed for streets, alleys, and access rights (e.g., scenic easements, trails, etc.). drainage, flood control, and other public utilities, in compliance with state law (Government Code Section 66475). In addition, the subdivider shall improve, or agree to improve, all of the required dedications and easements.

If off-site improvements are necessary, the provisions of Chapter 16.98 (Final and Parcel Maps) shall apply. (Ord. 182 § 2 (part), 1997)

A. Access and Streets.

1. The subdivider shall offer to dedicate rights-of-way for streets within the subdivision in compliance with city standards.

2. A final map shall not be approved unless the street(s) providing primary access to the subdivision are dedicated to and maintained by the city, county, or state and the street(s) meets city standards for right-of-way width.

3. Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than forty-five (45) feet together with a strip of land one foot wide on its outer edge which shall be offered to the city for street purposes and over which access rights are relinquished.

4. All streets proposed to be terminated at the subdivision boundary' shall include a strip of land one foot wide across the street at its point of termination at the boundary which shall be portions of the adjacent parcels, offered for street purposes and over which access rights are relinquished.

5. Where required, a dedication. or offer of dedication. of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting thereon. The waiver shall be-come effective only when the dedication is accepted.

6. Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the city and shall improve the easements in compliance with city standards.

• B. Bicycle Paths. The subdivider shall offer to dedicate, in compliance with city standards, the necessary rightsof-

• way for bicycle routes under the following circumstances:

1. When routes, as shown on the general plan, pass through or abut the subdivision; or

2. When a subdivider is required to dedicate rights-of-way for streets in a subdivision containing two hundred

• (200) or more parcels and the route is necessary and feasible for the use and safety of the residents.

• C. Drainage Facilities.

1. Where a drainage facility or flood control facility is necessary for the use of parcel owners or for the protection of parcels, adequate rights-of-way for the drainage facilities or flood control facilities shall be offered for dedication to the city or to other public entities as the council designates, and shall be shown on the final map.

2. Where it is necessary to extend a drainage facility or flood-control facility beyond the boundaries of the subdivision for adequate drainage or flood-control needs, the required rights-of-way shall be offered for dedication.

3. Drainage facilities and flood-control facilities within and outside of the subdivision shall be provided to carry storm run-off, both tributary to and originating within the subdivision.

D. Local Transit Facilities. The subdivider, as a condition of approval of a tentative map, may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit-oriented facilities (e.g., bus turn-outs, shelters. etc.), in compliance with state law (Government Code Section 66475.2).

E. Parks and Recreation Facilities.

1. General. The purpose of this section is to provide additional park and recreational facilities and open space in the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in compliance with the policies. goals. and standards of the general plan and the parks master plan.

2. Requirements. The subdivider, as a condition of approval of a tentative map, shall dedicate land, pay a fee inlieu, or both, at the discretion of the council, for park and/or recreational purposes, in compliance with state law (Government Code Section 66477). The specific condition(s) requiring dedication and/or payment of fee(s) shall state the time at which the subdivider shall transfer title and/or pay the applicable fee(s).

3. Park Area Standard. Five acres of land for each one thousand (1,000) persons residing within the city shall be devoted to park and recreational purposes, in compliance with the conservation and open space element of the general plan. Lands held as public open space, for wildlife habitat, shall not be included in this formula.

4. Formula and Standards for Park Land Dedication. In determining the amount of land to be dedicated or fees in-lieu, the average number of persons in each household by unit type, shall be determined from the most recent available Federal Census data. All lands to be dedicated for park and/or recreational purposes shall be found suitable by the council for park use (e.g., location, size, topography, environmental characteristics, etc.).

5. General Plan.

a. Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined in compliance with Section 16.1 06.030(E)(3) (Park Area Standard) above.

b. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the sub-divider shall, in compliance with the council's determination, dedicate land or pay a fee in-lieu of dedication in compliance with Section 16.106.030(E)(6) (Determination of Land or Fee) below.

6. Determination of Land or Fee. The council shall consider the following when evaluating the acceptance of

land for dedication or payment in-lieu, or a combination of both:

• a. Other applicable provisions of the general plan;

• b. Access, geology, location, and topography of land in the subdivision suitable for dedication:

• c. Size and shape of the subdivision and land suitable for dedication;

• d. Feasibility of dedication; and

• e. Availability of previously acquired private property.

7. In-lieu Fees. If the proposed subdivision contains fifty (50) parcels or less, the subdivider may pay a fee equal

to the land value of that portion of the park or recreational facilities required to serve the needs of the residents of the

proposed subdivision, in compliance with Section 16.106.030.E.6., above, in-lieu of land dedication.

8. Commitment of Funds. The money collected for the purpose of acquiring. developing new, or rehabilitating existing park or recreational facilities related to serving the residents of the subdivision shall be committed in compliance with state law (Government Code Section 66477 [f]), within five years after payment of the fee or the issuance of building permits on one-half of the parcels created by the subdivision, whichever occurs later.

F. Reservations. 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. recreational facilities, or other public uses, in compliance with state law (Government Code Sections 66479 and 66480).

G. School Site Reservations. The subdivider, as a condition of approval of a tentative map, may be required to dedicate real property for the construction of an elementary school to ensure the residents of the subdivision adequate public school service. The dedication and subsequent repayment to the subdivider shall be in compliance with state law (Government Code Section 66478).

H. Solar Access Easements. The subdivider, as a condition of approval of a tentative map, may be required to dedicate easements for the purpose of ensuring that each parcel or unit in the subdivision may have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined by state law (Civil Code Section 801.5), in compliance with state law (Government Code Section 66475.3). At the time of tentative map approval; the commission may impose conditions which specify the following:

1. Standards. Standards for determining the exact dimensions and locations of the easements;

2. Restrictions. Restrictions on structures, vegetation, and other objects which would obstruct the passage of

sunlight through the easement; and

3. Terms or conditions. Terms or conditions under which an easement may be revised or terminated.

(Ord. 182 § 2 (part), 1997)

The subdivider, as a condition of approval of a tentative map, may be required to install improvements of a supplemental capacity, length, number or size for the benefit of property not within the subdivision and that the improvements be dedicated to the public, in compliance with state law (Government Code Section 66485). The city, when imposing this section, shall agree to reimburse the subdivider for oversizing, in compliance with state law (Government Code Sections 66486 and 66487).

(Ord. 182 § 2 (part), 1997)