San Fernando Municipal Code Art. III Dedications, Improvements and Requirements

The standards and requirements of this article shall apply to all subdivision final tract and parcel maps. Additional requirements may be added by either the planning director, city council, planning commission or the city engineer. Exemption from these requirements may be granted by the planning commission.

(Code 1957, § 24.23)

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

(b) When vehicular access rights from any lot or parcel to any highway or street are restricted, such rights shall be offered for dedication to the city by the appropriate certificate on the title sheet, and a note stating "Vehicular Access Rights Dedicated to the City of San Fernando" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map.

(c) All streets, highways, alleys, ways, easements, and rights-of-way offered for dedication shall be developed and improved to the city's standards.

(Code 1957, § 24.24)

(a) Private streets, alleys or ways will be permitted in a subdivision 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. 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.

(b) All such accessways shall be governed by maintenance agreements. The agreements shall be approved by the city and made a part of the property deeds.

(Code 1957, § 24.25)

Any public or private utility easements required by the various utilities or the city shall be shown on the subdivision final tract map or parcel map and dedicated to the appropriate agency by separate document.

(Code 1957, § 24.26)

(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, 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 so 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.

(Code 1957, § 24.27)

The city may require any subdivider who develops or completes the development of one or more subdivisions in the city to dedicate, pursuant to Government Code § 66478, to the school district such land as the city shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to ensure residents of the subdivision adequate school service.

(Code 1957, § 24.28)

The city may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses subject to the provisions of Government Code § 66479.

(Code 1957, § 24.29)

The city may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that such improvement be dedicated to the public pursuant to Government Code §§ 66485 and 66486. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer outlet in existence at that time.

(Code 1957, § 24.30)

Under this chapter, the city may require the dedication of improvements such as rights-of-way, easements, and construction of reasonable off-site and on-site improvements for the parcels being created pursuant to the provisions of Government Code § 66411.1.

(Code 1957, § 24.31)

(a) Authority. This section is enacted pursuant to the authority granted by Government Code § 66477. The provisions of this section shall not apply to any subdivisions exempted from dedication requirements by Government Code § 66477.

(b) Requirements. Requirements for dedication of land or payment of a fee for park and recreation purposes shall be as follows:

(1) As a condition of approval of a final tract map or parcel map for a residential subdivision, a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, as determined at the time of approval of the tentative map. The land dedication or fee in lieu thereof shall be used for park and recreational purposes. The amount of land to be dedicated shall be three acres per 1,000 residents or a fee in lieu thereof based on the fair market value of three acres of land per 1,000 residents, as determined by appraisal. Such appraisal shall be paid for by the subdivider who shall deposit with the city an amount sufficient to cover the cost of the appraisal. The city shall select an MAI appraiser. The appraisal shall be completed prior to approval of the tentative map by the city.

(2) If the subdivider is not satisfied with the values established by the first appraisal, the subdivider may request and shall pay for the preparation of a second appraisal. The subdivider shall deposit with the city an amount sufficient to cover the cost of preparing the second appraisal. The city shall then select a second MAI appraiser to conduct the appraisal. If a second appraisal is conducted, the values established by the two appraisals shall be averaged, and that amount shall be the value used for determining the in-lieu fee.

(c) Standards. Standards for dedication of land or payment of a fee for park and recreation purposes shall be as follows:

(1) The number of people estimated to reside in a residential subdivision shall be calculated based on 3.5 persons per single-family residence; 1.8 persons per multiple-family unit; or two persons per mobile home.

(2) Based on subsection (c)(1) of this section, 457 square feet of land shall be dedicated for each single-family residence; 235 square feet shall be dedicated for each multiple-family unit; and 262 square feet of land shall be dedicated for each mobile home. If a fee in lieu of dedication is required, the fee shall be based upon the fair market value of the amount of land prescribed for each unit.

(3) Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, may be given against the requirements of land dedication or payment of fees in lieu thereof if the city council finds that it is in the public interest to do so and provided that the use of the private open space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successors.

(Code 1957, § 24.32)

Standards for design and improvement of subdivisions shall be in accordance with the applicable sections of the zoning ordinance in chapter 106 of this Code, the general plan, any specific plans adopted by the city and the requirements established by the city engineer.

(Code 1957, § 24.33)