§ 15.08

Pursuant to the provisions of the Subdivision Map Act and the requirements of this title, certain dedications and reservations can be required by the city as a condition of tentative map approval. The purpose of this chapter is to establish the minimum requirements for such dedications and reservations.

(Ord. 1787 § 1 (part), 2002).

The installation of street frontage improvements and land dedication for such improvements shall be required for all subdivisions resulting in the creation of lots or parcels along an existing public street or for a new public street proposed as part of the subdivision. The extent of the improvements and amount of land area required for dedication shall be determined by the city engineer and required as a condition of tentative map approval. The dedication and improvement requirements under this section shall include but not be limited to: a) city designated bicycle routes and paths; and b) local transit facilities, such as bus turnouts, where such facilities will directly benefit the residents or employees of the subdivision.

(Ord. 1787 § 1 (part), 2002).

Where it is determined, through study during tentative map review, that the estimated population of a subdivision will result in the need for new public facilities such as, but not limited to parks, fire stations, and police stations, the city may require the subdivider to develop and dedicate such facilities.

(Ord. 1787 § 1 (part), 2002).

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 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 and the presence and proximity of other similar access to the public resource in the area.

(Ord. 1787 § 1 (part), 2002).

15.08.050 - Reservations for purchase of sites for public facilities.

(a)

Requirement. With the exception of a park site, where a fire station, library, or other public facility has been designated for the land subject to subdivision in the San Rafael general plan or pertinent specific plan or neighborhood plan, the city shall have cause to require the reservation of a site for such purpose(s). This site reservation shall be of a size and configuration that is suitable for the planned use. The amount of land

to be reserved shall not render the subdivision and development of the remaining land held by the subdivider economically unfeasible. The land reservation shall be required as a condition of tentative map approval.

(b)

Procedure and payment. At the time of final map approval for recordation:

(1)

The city shall enter into an agreement with the subdivider, which reserves the site for purchase by the city for a period of two (2) years following completion and acceptance of the subdivision improvements, unless such period of time is extended by mutual agreement;

(2)

A purchase price for the reserved site shall be established based on fair market value, at the time of tentative map filing, which shall be incorporated into the agreement between the city and the subdivider.

(3)

If, after two (2) years following the completion and acceptance of the subdivision improvements, the city does not purchase the reserved site, the reservation shall terminate and revert back to the subdivider.

(c)

Not applicable. The provisions of this section do not apply to minor subdivisions of four (4) or fewer lots, nor do they address or apply to parkland dedication required for a subdivision of land. Parkland dedication requirements shall be met consistent with the provisions of Chapter 15.09 of this title.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.09 - PARK DEDICATION AND IN-LIEU FEES