Article 8 — Dedications and Reservations

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, bike paths, trails, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

Improvements shall be in accordance with Article 10 of this chapter.

(§ 7, Ord. 456-85, eff. December 25, 1985)

All dedications of property to the City for public purposes shall be made in fee title, except that, in the City's discretion, a grant of an easement will be taken for the following purposes: open space easements, scenic easements, or public utility easements. All dedications in fee title and grants of easements shall be free of liens and encumbrances, except for those which the City determines would not conflict with the

intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of the dedication of a fee title.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police powers of the City and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan of the City. The park and recreational facilities for which the dedication of land and/or payment of a fee is required by this article are in accordance with the policies, principles, and standards for park and recreation facilities contained in the General Plan and Local Coastal Plan.

(b)

Requirements. As a condition of the approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this article. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the development generating such dedication or fees, or both.

(c)

Standards and formula for the dedication of land. Where a 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 present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet such purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: the formula for determining the amount of acreage to be dedicated is based on the General Plan standards and shall be two (2) acres per one hundred (100) dwelling units (two hundredths (.02) acre per unit). The dedication of land shall not exceed the proportionate amount necessary to provide three (3) acres of park area per one thousand (1,000) persons residing in the subdivision, unless the amount of existing neighborhood and community park area exceeds that limit, in which case, the city council may adopt a higher amount, not to exceed five (5) acres per one thousand (1,000) persons residing in the subdivision. This acreage shall be in net acres and shall not include any public rights-of-way within or adjacent to the proposed park site pursuant to Government Code Section 66477(a)(2).

(d)

Formula for fees in lieu of land dedication.

(1)

General formula. 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 immediate and future needs of the residents of the subdivision, the subdivider, in the City's discretion, shall either dedicate land in the amount provided in subsection (d) of this section or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in said subsection (d) and in an amount determined in accordance with the provisions of subsection (g) of this section.

(2)

Fees in lieu of land: Fifty (50) parcels or less. If the proposed subdivision contains fifty (50) parcels or less and has no park facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in subsection (d) of this section and in an amount determined in accordance with the provisions of subsection (g) of this section.

(3)

Use of money. The money collected shall be used for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land or the improvement of such land for park and recreational purposes. The money shall be committed within five (5) years after payment or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lots bears to the total area of all lots in the subdivision.

(e)

Criteria for requiring both dedications and fees. In subdivisions of over fifty (50) lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

(1)

When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection (g) of this section shall be paid for any additional land which would have been required to be dedicated pursuant to subsection (d) of this section.

(2)

When a major part of the local park or recreational site has already been acquired by the City, and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee, computed according to subsection (g) of this section, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to subsection (d) of this section. The fee shall be used for the improvement of the existing park and recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

(f)

Amount of fees in lieu of park land dedications. When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be as set forth in a resolution adopted by the City Council.

(g)

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

(1)

The policies, standards, and principles for park and recreation facilities in the General Plan and Local Coastal Plan;

(2)

The topography, geology, access, and location of land in the subdivision available for dedication;

(3)

The size and shape of the subdivision and the land available for dedication;

(4)

The feasibility of dedication;

(5)

The compatibility of dedication with the General Plan and Local Coastal Plan; and

(6)

The availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated or whether a fee shall be charged, or a combination, shall be final and conclusive.

(h)

Credit for Park Improvements. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section pursuant to Government Code Section 66477(a)(9).

(i)

Credit for private recreation or open space. Common interest developments, as defined in Section 4100 of the Civil Code, shall be eligible to receive a credit, as determined by the city council, against the amount of land required to be dedicated or the amount of the fee imposed for the value of private open space within the development which is usable for recreational purposes. All other residential, subdivision developments may apply for a credit for private recreation or open space, which shall be provided in the City's sole discretion.

(j)

Procedure.

(1)

At the time of the approval of the tentative subdivision map or parcel map, the Planning Commission shall determine, after a report and recommendation from the Parks, Beaches, and Recreation Commission, whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees.

(2)

The Planning Commission may approve, modify, or disapprove the recommendation of the Parks, Beaches, and Recreation Commission; provided, however, any modification of the proposed recommended condition not previously considered by the Parks, Beaches, and Recreation Commission shall first be referred back to the Parks, Beaches, and Recreation Commission for a report and further recommendation. The Parks, Beaches, and Recreation Commission shall report back to the Planning Commission within thirty (30) days. After the receipt of the report, or after thirty (30) days have passed, the Planning Commission may adopt the condition.

(3)

The recommendation of the Parks, Beaches, and Recreation Commission shall include the following:

i.

The amount of land required; or

ii.

That a fee be charged in lieu of land; or

iii.

That a combination of land and a fee be required; and/or

iv.

That a stated amount of credit be given for private recreation facilities or unique natural and special features and the like; and

v.

The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto to be dedicated or used in lieu of fees; and

vi.

The approximate time when the development of the park or recreation facility shall commence.

(4)

At the time of the recording of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as determined by the City. At the discretion of the City, fees may be paid prior to the issuance of any building permit for any structure in the subdivision.

(5)

Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval of the final subdivision map and, if approved, shall be recorded concurrently with the final subdivision map.

(k)

Parkland Dedication in Lieu Fee Fund. The revenues from fees collected by the city in lieu of land dedication shall be deposited in a segregated land in lieu fee fund for park or recreational purposes, pursuant to Government Code Section 66477(a)(3).

(l)

Commencement of development. At the time of the approval of the final subdivision or parcel map, the City shall specify when the development of the park or recreational facilities shall be commenced.

(m)

Not Applicable to Certain Subdivisions. The provisions of this section do not apply to:

(1)

Subdivisions containing less than five (5) parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map:

If, within four (4) years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to pay a parkland dedication in lieu fee in the amount set forth by City Council resolution before the permit is issued.

(2)

Commercial or industrial subdivisions or condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

(§ 7, Ord. 456-85, eff. December 25, 1985, § 3, Ord. 786-C.S., eff. April 12, 2012; § 2(Att. 2), Ord. 878-C.S., eff. June 8, 2022)

(a)

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

(b)

Procedure. The requirement of dedication shall be imposed at the time of the 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)

Payments to subdividers. The school district, if it accepts the dedication, shall repay to the subdivider or his or her 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;

(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; and

(3)

Any other costs incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(d)

Exemptions. 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 map.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

General. As a condition of the approval of a tentative map, the subdivider shall reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this section.

(b)

Standards for the reservation of land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted Specific Plan, General Plan, or Local Coastal Plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in such Specific Plan, General Plan, or Local Coastal Plan. The reserved area shall 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 the development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted Specific Plan, General Plan, or Local Coastal 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.

(c)

Procedure. The public agency for whose benefit an area has been reserved, at the time of the approval of the final map or parcel map, shall enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

(d)

Payments to subdividers. The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

(e)

Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate.

(§ 7, Ord. 456-85, eff. December 25, 1985)

As a condition of the approval of a final subdivision map or parcel map, the subdivider shall dedicate, or make an irrevocable offer of dedication of, land within the subdivision for local transit facilities, such as shelters, benches, bus turnouts, landing pads, and similar items which directly benefit the residents of the subdivision, if the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more and if the City determines that transit services are or, within a reasonable time period, will be made available to the subdivision.

(§ 7, Ord. 456-85, eff. December 25, 1985)

As condition of the approval of a final subdivision map or parcel map there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size,

capacity number, and length for the benefit of property not within the subdivision and that such improvements be dedicated to the public.

(§ 7, Ord. 456-85, eff. December 25, 1985)