Salinas Municipal Code § 31-801 Dedication of streets, alleys, and other public rights-of-way or easements

As a condition of approval of a tentative map or parcel map, the city may require the subdivider to dedicate or make an irrevocable offer to dedicate to the public all real property within the subdivision that is needed for public use or benefit, including, but not limited to, streets and alleys, including access rights and abutters' rights; drainage and stormwater facilities; public greenways, and scenic or open space easements; trails; public utility easements, including but not limited to water, sewer, electricity, gas, telephone, cable television, dark fiber conduit/high speed internet/telecommunications facilities, and other communication systems; buffer easements, avigation easements, agrarian easements and other public easements. The city may require improvements to property that is to be dedicated in accordance with this chapter. Rights-of-way shall be of sufficient size to accommodate the required improvements to be added/upgraded. Where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate improvement of the facility. Dedications shall include the construction of public street improvements along the property's street frontage(s).

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Whenever a subdivider is required to dedicate roadways to the public, the subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths, lanes, or related facilities, for the use and safety of the residents of the subdivision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city may require the subdivider to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, park-and-ride facilities, and similar items that directly benefit residents or employees of the subdivision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

As a condition of approval of a tentative or parcel map, the city may require that dedications or offers of dedication of streets include a waiver of direct access (non-access) rights to any such street from any property within or abutting the subdivision, provided sufficient private and public emergency response access exists.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Pursuant to Sections 66478.1 through 66478.14 of the Subdivision Map Act, public access shall be provided to a public resource, such as a public waterway (river, stream or bay shoreline), when a lot or parcel created by a subdivision is proposed contiguous to such a resource. The nature, extent and design of such public access or the need to provide such access shall be based on site conditions and constraints; the presence and proximity of other similar access to the public resources in the area; and the nexus established between any required access and the proposed subdivision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Acceptance, rejection, and termination of offers of dedication shall be in accordance with Sections 66477.1 through 66477.5 of the Subdivision Map Act. If offers of dedication are rejected, the offer of dedication shall remain open as described in Subsection 31-402.7(c), action by city council, and Section 31-603.5, dedications and offers of dedication.

(a) The city engineer shall record a certificate with the county recorder for all property dedicated in fee for public purposes, or for public improvements, or for constructing public facilities, other than open space, parks, or schools. The certificate shall be attached to the map and shall contain all of the following information required by Section 66477.5 of the Subdivision Map Act:

(1) The name and address of the subdivider dedicating the property;

(2) A legal description of the real property dedicated;

(3) A statement that the city shall reconvey the property to the subdivider if the city makes a determination pursuant to this section that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities, as specified in Subsection (c) of this section.

(b) The subdivider may request that the city make the determination that the same public purpose for which the dedication was required still exists. The determination may be made by reference to a capital improvement plan, an applicable general or specific plan requirement, the subdivision map, or other public documents that identify the need for the dedication.

(c) If the city has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider or the successor in interest, as specified in Subsection (a) of this section, except for all or any portion of the property that is required for that same public purpose or for public utilities.

(d) If the city decides to vacate, lease, sell, or otherwise dispose of the dedicated property, the city shall give at least sixty days' notice to the subdivider whose name appears on the certificate before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

This section is intended to provide for the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park and recreational purposes in conjunction with the approval of residential development. These provisions implement the conservation and open space element of the general plan and are adopted pursuant to Section 66477 of the Subdivision Map Act (known as the Quimby Act).

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

As a condition of approval of a tentative map or parcel map for a residential subdivision, the approving body shall determine the land required to be dedicated, or the amount of in-lieu fees to be paid, according to the standards and formula contained in this Section 31-802. At the time of final map or parcel map approval for recordation, the subdivider shall dedicate land, pay an in-lieu fee, or both, in compliance with this ordinance and the conditions of approval.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that three acres of land for each one thousand persons residing within the city be devoted to small, neighborhood, and community parks for recreational purposes in accordance with the conservation/open space element of the general plan, which has adopted a park land goal of three acres of land for each one thousand persons. The amount of land to be dedicated is based on the additional population within each subdivision and shall be computed as follows:

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city shall determine the average number of persons based upon the average household size as determined by the most recent federal Census. The average household size in the 2010 federal Census is 3.66 average persons per dwelling unit, equivalent to an acreage requirement of 0.01098 acres per dwelling unit.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The number of persons that will occupy the new subdivision shall be computed by multiplying the average number of persons per dwelling unit by the number of dwelling units. The parkland to be dedicated shall then be determined by multiplying the number of persons by three acres/one thousand persons. (As an example, based on the 2010 census, a one hundred-unit single-family subdivision would be estimated to have three hundred sixty six residents. Parkland to be dedicated would equal 366 x 3/1000 = 1.098 acres of land to be dedicated.)

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Based upon the size and location criteria for small, neighborhood, and community parks as set forth in the general plan, there may not be a direct relationship between park land requirements of a given subdivision and the amount of land that will be required for park purposes within that subdivision. In the event park facilities are to be located in whole or in part within a given subdivision, the subdivider shall only be responsible for dedicating the amount of land that would be equivalent to that calculated pursuant to Section 31-802.2.2, computation of land area to be dedicated. The city may require that the subdivider reserve the balance of land designated for park purposes pursuant to the procedures in Section 31-804, reservations.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

When a fee is required to be paid in lieu of park land dedication, the amount of the fee will be based upon the amount of land required to be dedicated pursuant to Section 31-802.2.2, computation of land area to be dedicated. The city shall establish a fee amount per acre of land required to be dedicated based on the estimated fair market value to acquire park land and the estimated value of improvements to achieve three acres per one thousand people of developed neighborhood and community park land. The specific fee amount will be established in the city's development fee ordinance, which is adjusted periodically to reflect changing costs and fair market value, and will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of subdivisions.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The following rules shall apply to the use of in lieu fees:

(a) The money collected shall be used only for the purpose of developing new or rehabilitating existing small, neighborhood or community parks or recreational facilities to serve the residents of the subdivision except as provided in subsection (b).

(b) Notwithstanding subsection (a), fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following requirements are met:

(1) The neighborhood in which the fees are to be expended has fewer than three acres of park area per one thousand members of the neighborhood population;

(2) The neighborhood in which the subdivision for which the fees were paid has a park area per one thousand members of the neighborhood population ratio that meets or exceeds the ratio calculated pursuant to Section 31-802.2.2, but in no event is less than three acres per one thousand persons.

(3) The city council holds a public hearing before using the fees pursuant to this subparagraph.

(4) The city council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

(5) If the subdivision is located within a specific plan area, the fees are used within the same specific plan area as the subdivision and are consistent with specified radius consistent with the adopted general plan or any applicable specific plan. If the subdivision is located outside of a specific plan area, the fee is used for park and recreational facilities that would serve the subdivision based on the service area standards by park type defined in the general plan.

(c) The city shall develop a schedule specifying how, when, and where it will use the fees to develop park or recreational facilities to serve the residents of the subdivision. The money shall be committed within five years after payment or after issuance of building permits on one-half of the lots created by the subdivision, whichever is later. Money not committed shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(d) The city may enter into a joint or shared use agreement with one or more other public districts in the jurisdiction, including, but not limited to, a school district or community college district, in order to provide access to park or recreational facilities to residents of subdivisions with fewer than three acres of park area per one thousand members of the population.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Prior to the approval of any tentative map with fifty or more units, any common interest development project with fifty or more dwelling units, or any tentative map or parcel map where parkland dedication is proposed or improvements to dedicated parkland are proposed, the library and community services commission shall consider, after a report and recommendation from the city manager or the city manager's designee, whether land should be dedicated or reserved, whether in-lieu fees should be paid by the subdivider, or whether improvements should be made to dedicated parkland, or any combination thereof in accordance with the criteria listed in this article. The city council by resolution may adopt definite park and sports facility standards to determine the suitability of land for park and recreational use and to determine the facilities to be included in each park.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city shall determine the suitability of land proposed for parkland dedication based on:

(a) The goals and policies of the general plan, any applicable specific plan, and the city's park and sports facility standards adopted by the city council pursuant to Section 31-802, park land dedication;

(b) The physical attributes, constraints and location of the proposed parkland, and the location of existing park sites and trails; and

(c) The criteria otherwise specifically set forth in Section 31-802.5.2, criteria for land dedicated for park purposes.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Land to be dedicated for park purposes shall meet the following additional criteria:

(1) For full parkland dedication credit, all land within the park site shall be contiguous, and developable pursuant to the park and sports facility standards adopted by the city council pursuant to Section 31-802, park land dedication;

(2) All land dedicated for parks must be of a sufficient size and shape suitable for the type of park being developed. A proposed park must be located on land able to support year-round active recreational use (such as formal sports fields, tennis or basketball courts or playgrounds), or other uses consistent with the park and sports facility standards adopted by the city council pursuant to Section 31-802, park land dedication; and

(3) The land shall have, at a minimum, frontage on and access to a public street, including all required public street improvements along the site's public street frontage.

(b) The following limitations shall apply to land dedicated for park purposes:

(1) No parkland dedication credit shall be given for land dedicated for parks with slopes over ten percent; required riparian setback areas or other environmental mitigation areas; or land which is not graded to create a sufficiently flat area of less than three percent grade in any direction unless otherwise determined by the city manager or city manager's designee. Drainage courses, creeks or wetlands/biological habitats are generally unacceptable for parkland dedication credit, although partial parkland dedication credit may be given if the city manager or the city manager's designee determines that these areas are contiguous to a community, neighborhood or small park and will be incorporated into and improved as an integral part of that park. Such areas shall be eligible for a maximum parkland dedication credit of twenty-five percent of the actual square footage of the area dedicated and improved as parkland.

(2) Proposed park sites whose irregular shape or insufficient size that will not support recreational uses will not be considered acceptable for parkland dedication credit.

(3) Land containing overhead utilities, high pressure underground utilities, contamination, or other factors that restrict the usability of the land or pose safety concerns for patrons for recreational purposes shall not generally be considered acceptable for parkland dedication credit. However, land with an overhead utility line easement that is high enough to allow park activities and contiguous to a neighborhood park facility of two net acres or more in size (exclusive of the powerline easement) may be eligible for a partial parkland dedication credit if the city council, based on the recommendation of the city manager or the city manager's designee and the library and community services commission, determines that such land can be designed for recreation use and improved as a cohesive and integral part of the park. Such areas shall be eligible for a maximum parkland dedication credit of twenty-five percent of the actual square footage of the utility easement that is dedicated and improved as parkland.

(4) The designation and development of land for trails, bikeways, and parkways are considered dedications of public rights-of-way similar to streets and shall not be considered for parkland dedication credit.

(5) Stormwater detention basins will not be considered acceptable for park land dedication credit.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If the dedication of land does not meet the standards set forth in Section 31-802, park land dedication, the library and community services commission may recommend that the subdivider pay a fee in lieu of land dedication. The fee amount shall be determined in accordance with Section 31-802.4, formula for fees in lieu of park land dedication.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The recreation-park commission may recommend that the subdivider both dedicate land and pay a fee in lieu thereof in accordance with the following criteria:

(a) When a park site or combination of park sites shown within a proposed subdivision is smaller in area than the total acreage which is required for dedication pursuant to Section 31-802.2.2, computation of land area to be dedicated, such park site or sites shall be dedicated for park purposes and a fee, computed pursuant to Section 31-802.4, formula for fees in lieu of park land dedication, shall be paid for the remaining acreage which would have been required to be dedicated.

(b) When a major part of a 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, such remaining portion shall be dedicated and a fee, computed pursuant to Section 31-802.4, formula for fees in lieu of park land dedication, shall be paid for the remaining acreage which would have been required to be dedicated.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Where the subdivider proposes to provide improvements and equipment on dedicated parkland, the library and community services commission, based on the recommendation of the city manager or city manager's designee, shall recommend to the city council whether the proposed improvements are consistent with the general plan, any applicable specific plan, the city's park and sports facility standards adopted by the city council pursuant to Section 31-802, park land dedication and any other applicable standards adopted by the city council. If the commission recommends that the improvements and equipment be provided, the value of the improvements and equipment shall be determined by the city manager or the city manager's designee, in consultation with the city engineer, and any in-lieu fee to be paid shall be reduced by the value of the proposed improvements. For purposes of Section 31-802.5.5, the value of the proposed improvements shall equal their construction cost.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The report and recommendation by the city manager or the city manager's designee and the recommendation of the library and community services commission shall include the following:

(a) The amount of land required to be dedicated; or

(b) That a fee be charged in lieu of land; or

(c) That land dedication and a fee be required;

(d) That improvements be made to dedicated land including the facilities to be included in each dedicated park; and/or

(e) That land be reserved for acquisition by the city for park purposes;

(f) The location of the park land to be dedicated or any specific recommended use of in-lieu fees;

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

This report shall be in writing, and a copy thereof served on the subdivider at least three days prior to any hearing or action on such report, unless otherwise agreed to by the subdivider.

The recommendation of the library and community services commission shall be considered by the planning commission and city council in their review of the tentative map.

At the time of filing the final map or parcel map for recordation, the subdivider shall dedicate or reserve the land as appropriate and/or pay the fee as determined by the city and/or improve the park land as approved.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Improvements to park and recreational facilities shall be coordinated with the development of the subdivision to the extent feasible to assure the availability of recreational facilities to serve the residents of the area.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The provisions of Sections 31-802.1 through 31-802.6 do not apply to commercial or industrial subdivisions or condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old so long as no new dwelling units are added. However, in that event, a condition may be placed on the approval of a tentative map or parcel map stating that, if a building permit is requested for the creation of any dwelling unit, a fee in lieu of dedication of parkland may be imposed as a condition of issuance of the building permit for the dwelling unit.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city may require the subdivider to dedicate or reserve elementary and high school sites under certain circumstances pursuant to the provisions of this section.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In accordance with Section 66478 of the Subdivision Map Act, as a condition of approval of a final map, a subdivider may be required to dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate elementary school service. An "elementary school" is any public school providing instruction in any grade from kindergarten through eighth grade.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

For the purposes of Section 31-803.1 through 803.1.4 only, the term "dedication" is used to retain consistency with Section 66478 of the Subdivision Map Act and means the setting aside of land within a subdivision for purchase by a public agency in order to provide for future construction of a public elementary school or schools.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The requirement of school site dedication shall be imposed at the time of approval of the tentative map or parcel map. If, within thirty 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 days after the filing of the final map on any portion of the subdivision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In no case shall the city require the dedication of an amount of land that would make development of the remaining land held by the subdivider economically infeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board. The city may require a pro forma which demonstrates that the proposed dedication will make the development of any remaining land held by the subdivider economically infeasible based upon appropriate financial analysis and documentation. The pro forma shall be reviewed by a third party as selected by the city and costs paid for by the subdivider unless the city planner waives the requirement for such a review.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a) The cost of any improvements to the dedicated land since acquisition.

(b) 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.

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In accordance with Government Code Section 65974, the city may impose fees or dedication requirements on new residential subdivisions for the purpose of providing interim school classroom facilities to alleviate conditions of overcrowding which may be caused by new residential development. Fee and dedication procedures shall be in accordance with Title 7, Division 1, Chapters 4.7 and 4.9 of the Government Code.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In addition to the provisions of this Section 31-803, school site dedication and reservation regarding elementary school sites, the city may require the reservation of land for public high schools in accordance with Section 31-804, reservations.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The reservation shall be subject to the following conditions and standards:

(a) The requirement is based on an adopted specific plan or the general plan's policies and standards for parks, recreational facilities, fire stations, libraries, or other public uses, and the required reservations are in accordance with those policies and standards.

(b) 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.

(c) The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The city may require a pro forma which demonstrates that the proposed dedication will make the development of any remaining land held by the subdivider economically infeasible based upon appropriate financial analysis and documentation. The pro forma shall be reviewed by a third party as selected by the city and costs paid for by the subdivider unless the city planner waives the requirement for such a review.

(d) 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 that it is not acquired within the prescribed period.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The purchase price shall be the market value thereof at the time of the filing of the tentative map or parcel 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.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

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.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)