San Clemente Municipal Code Ch. 16.36 Dedications

A. .....Any person who develops or completes the development of one (1) or more subdivisions in one (1) or more school districts maintaining an elementary school shall dedicate to the school district, wherein such subdivisions are to be located, such land as shall be deemed to be necessary for the purpose of construction thereon of such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

1. In no case shall the amount of land required to be dedicated be such as to make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

2. The requirements 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 tract map.

B. .....The requirement of dedication shall be imposed at the time of approval of the tentative tract map. If, within thirty (30) days after the requirement of dedication is imposed, 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 tract map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, 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 by the subdivider;

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;

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

C. .....If the land is not used by the school district as a school site within ten (10) years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor. This option must be exercised within the time period determined in the agreement between the subdivider and the school district.

D. .....The school district to which the property is dedicated shall record a certificate with the County Recorder. The certificate shall contain the following information:

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 subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within ten (10) years after dedication. The subdivider shall have the right to compel the school district to record such certificate; but until such certificate is recorded, any rights acquired by a third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

(Prior code § 35-26(a))

All streets, highways, alleys, ways, easements, rights-of-way and parcels of land shown on the final tract or parcel map and intended for public use shall be offered for dedication for public use by appropriate certificate on the title page or by separate document.

(Prior code § 35-26(b))

Private streets, alleys or ways will be permitted only when the welfare of the occupants of the subdivision will be better served and the public's welfare will not be impaired through the use thereof or the kinds of improvements thereon, and on conditions which guarantee the construction of necessary local improvements and the continued maintenance thereof. Such private street, alley or way shall not be offered for dedication and shall be shown on the final tract or parcel map as parcels lettered alphabetically.

(Prior code § 35-26(c))

A. .....When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the streets, alleys or ways of such subdivision, then the subdivider shall offer to dedicate upon the final tract or parcel map thereof the necessary rights-of-way for such facility.

B. .....When the property being subdivided, or any portion thereof, is situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way adequate to provide in the future for the ultimate drainage of the adjoining property.

C. .....When implementation of a duly adopted master plan of drainage requires the property being subdivided to be traversed by a planned local drainage facility which is not necessary for the general use of lot or parcel owners in the subdivision, nor to provide for the ultimate drainage of adjoining property, nor to be located in public rights-of-way being or to be utilized for other public purposes, the subdivider shall convey the right-of-way in accordance with the provisions of the master plan pertinent to subdivisions 1 and 2 of this subsection.

1. Grant in fee the right-of-way so designated and required to be granted in fee by the master plan of drainage. The full cash value of the land being granted in fee per acre, under this subdivision, as determined by the latest equalized assessment roll, shall be credited toward the subdivider's drainage fee obligation pursuant to subsection (J) of Section 16.32.020 of this code.

2. Dedicate an easement so designated and required to be dedicated in the master plan of drainage. Fifty (50) percent of the full cash value of the land included in the easement which is being dedicated, per acre, under this subdivision, as determined by the latest equalized assessment roll, shall be credited toward the subdivider's drainage fee obligation pursuant to Section 16.32.020 of this code.

The assessed value shown in the equalized assessment roll shall be deemed to be twenty-five (25) percent of the full cash value.

(Prior code § 35-26(d))

Where the property being subdivided, or any portion thereof, is traversed by a flood control facility, either existing and requiring additional right-of-way or proposed and requiring full right-of-way, which has been approved by the City, the subdivider shall dedicate such rights-of-way. Such rights-of-way shall be shown as lots lettered alphabetically on the final tract or parcel map and such dedication shall be offered by appropriate certificate on the title page of the final tract or parcel map.

(Prior code § 35-26(e))

Dedication is not required on any final tract or parcel map made for the sole purpose of establishing existing land title boundaries; provided, that such existing land title boundaries were not established in violation of this chapter, the provisions of this code or any other law.

(Prior code § 35-26(f))

A. Purpose. .....The park and recreational facilities for which dedication of land and/ or payment of a fee is required by this section are in accordance with the Recreational Element of the General Plan of the City, and shall supersede any previously adopted plan to the extent of any inconsistency.

B. Requirements. .....As a condition of approval of a final subdivision map, the subdivider shall dedicate land or 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 section.

C. General Standard. .....It is found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for one thousand (1,000) persons residing within this City be devoted to local park and recreational purposes.

D. Standards and Formula for Dedication of Land. .....Where a park or recreational facility has been designated in the Recreational Element of the General Plan and is 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 shall dedicate land for a local park. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula based on population estimate:

The formula for determining acreage per dwelling unit to be dedicated shall be as follows:

Average number of persons per dwelling unit times five (5) divided by one thousand (1,000)

The following table of population density is to be followed:

Park Land Dedication Formula Table

E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreational facility designated in the Recreational Element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of residents of the subdivision, or if the proposed subdivision contains fifty (50) parcels or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in subsection D of this section, and in an amount determined in accordance with the provisions of subsection G, such fee to be used for a local park which will serve the residents of the area being subdivided.

2. Use of Money. The money collected hereunder shall be used only for the purpose of providing park and recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land, or, if the City Council deems that there is sufficient land available, for improving or maintaining such land for park and recreational purposes.

3. Definition of Terms. Because of the fact that the City's total area is small, all public parks and recreational facilities are easily accessible to residents and are reasonably related to new subdivisions. The terms park, local park, and neighborhood park as used in this section have the same meaning, and shall be defined as any park owned by the City which is available for, and intended for use by, the general public.

F. Criteria for Requiring Both Dedication and Fee. .....In subdivisions of over fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1. When only a portion of the land to be subdivided is proposed in the Recreational Element of the General Plan as a site for a local park, such proportion 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 the additional land that 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, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection G of this section shall be in amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection D of this section, such fee to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

G. Amount of Fee in Lieu of Land Dedication. .....Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated pursuant to subsection D of this section, which amount is the median fair market value per acre of the land in all neighborhood public parks within the City, if such land were not used for park or recreational purposes. This median market value shall be adjusted periodically to keep current with property appreciation.

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

1. Useability and feasibility. Generally, land shall be flat;

2. Access. Direct frontage on a least one (1) side and not more than three (3) feet above or below street level;

3. Shape of Land. Suitable for park development;

4. Size. Not less than two (2) acres, unless a portion of a park designated in the General Plan;

5. Improvements. Shall meet standards of the City and be of a permanent nature;

6. In accordance with the Recreation Element of the General Plan.

I. Credit for Private Open Space. .....No credit shall be given for private open space in a development.

J. Procedure.

1. At the time of approval of the tentative subdivision map, the Planning Commission shall determine pursuant to subsection H of this section, the land to be dedicated, and/or fees to be paid by the subdivider.

2. At the time of filing of the final subdivision map, the subdivider shall dedicate the land or pay fees as previously determined by the Planning Commission.

K. Commencement of Development. .....At the time of approval of the tentative subdivision map, the Planning Commission shall specify when the development of the park or recreational facilities shall be commenced, giving highest priority to neighborhood parks.

L. Industrial Developments. .....The provisions of this section shall not apply to industrial subdivisions.

(Prior code § 35-26(g))