Chapter 87.05 — DEDICATIONS AND EXACTIONS

This Chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

(Ord. 4011, passed - -2007)

Each proposed subdivision shall comply with the requirements of this Chapter for dedications, reservations, or the payment of fees.

(Ord. 4011, passed - -2007)

(a) Streets, Highways, and Flood Control Rights-of-Way.

(1) As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for:

• (A) Access rights and abutters’ rights;

• (B) Alleys;

• (C) Drainage easements;

• (D) Public utility easements;

• (E) Streets; and

• (F) Other public easements.

(2) In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. The subdivider may also be required to dedicate the additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision.

(b) Drainage Rights-of-Way. When the Director of Public Works determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the Final Map of the subdivision the necessary rights-of-way for drainage facilities.

(c) Flood Control Dedication. Where dedication is offered for Flood Control District rights-of-way, the rights-ofway shall be shown as parcels lettered alphabetically on the Final Map. The offer of dedication shall be made by an appropriate certificate on the title sheet of the Final Map, and, in addition, an executed deed conveying fee title to the right-of-way to the Flood Control District shall be delivered to the District.

(Ord. 4011, passed - -2007)

(a) Certification of Board Action. At the time the Board approves a Final Map, it shall also accept, subject to improvement, or reject any offer of dedication. The Clerk of the Board shall certify on the map the action of the Board.

(b) Resolution of Acceptance. The Clerk of the Board shall cause a resolution of acceptance of dedications by the Board to be filed with the County Recorder.

(c) Deferred Acceptance. If at the time the Final Map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure § 771.010, the offer of dedication shall remain open and the Board may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights-ofway for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use. The acceptance shall be recorded in the Office of the County Recorder.

(Ord. 4011, passed - -2007)