Sebastopol Municipal Code Ch. 16.36 Dedications, Fees and Reservations

As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following:

A. All land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements.

B. All land within the subdivision that is needed for local transit facilities such as bus turnouts, benches, shelters, and similar items which directly benefit the residents of a subdivision if the City Council finds that transit services are, or will within a reasonable time period, be made available to such subdivision.

C. When implementation of the General Plan would require the development of a bikeway, equestrian, hiking or other recreational or transportational trails and paths in the subdivision, the subdivider shall dedicate such land as is necessary and feasible to provide for such trails and paths.

The City may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon.

All dedications of property to the City for public purposes shall be made in fee title, except that, in the City’s discretion, a grant of an easement may be taken. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. All dedications shall be made at the time of filing the final or parcel map.

A. Where a park and recreation area has been designated in the Sebastopol Conservation, Parks and Open Space Element of the General Plan or is required in accordance with standards adopted by the City Council, and when such area is designated or required as a park or recreation area and is to be located in whole or in part within a proposed subdivision or division of land to serve the immediate and future needs of the residents of the subdivision or division of land, such area shall be designated as a park and/or recreation area on the tentative and final maps or parcel maps submitted by the developer, and the necessary lands shall be offered for dedication to the City at the time of filing the final map or parcel map or a cash payment in lieu of land for such facilities shall be made, in accordance with the following provisions:

1. The subdivider shall be required to dedicate a site or sites for a neighborhood park, preferably adjacent to a school or a proposed school site, sufficient in size and topography to serve the immediate and future needs of the residents of the subdivision area.

2. Where the proposed subdivision or division of land is within one-half mile of a required community park, and if such community park is outside the proposed limits of the subdivision or division of land, the subdivider shall be required to make a cash payment equivalent to the land value of the portion of the community park required to serve the immediate and future needs of residents of the subdivision of division of land. Such money shall be used only in the acquisition and development of the community park serving that proposed subdivision or division of land.

3. Where an existing park and recreation area is not of sufficient size to serve the immediate and future needs of the residents of the proposed subdivision or division of land or if the City Council is contemplating additional park and/or recreational areas which are not currently within the General Plan, subsections (A)(1) and (2) of this section shall apply.

4. The City Council may modify the above requirements if the subdivider has designated certain land for private park and/or recreation areas to be used by the residents of the proposed subdivision, or if the subdivider will provide green belt areas and/or open space areas, provided the combination of private and public park and recreation lands and the green belt and/or open space areas satisfy the requirements of the principals and standards adopted.

B. At the time of approval of the final subdivision map or parcel map, the City shall specify when development of the park or recreational facilities shall begin.

C. The provisions of this section shall not apply to commercial or industrial subdivisions.

D. In subdivisions of over 50 lots, the subdivider may satisfy the requirements of these sections with a combination of dedicated land and in-lieu fees, if the City Council determines that such combination will best implement the General Plan.

E. 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 requirement 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 that all the following standards are met:

1. Yards, court areas, setbacks and other open areas required to be maintained by SMC Title 17, Zoning, and the Building Code (SMC Title 15) shall not be included in the computation of such private open space.

2. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions.

3. 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 property and which cannot be defeated or eliminated without the consent of the City or its successor.

4. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

5. Facilities proposed for the open space are in substantial accordance with the provisions of the Conservation, Parks and Open Space Element of the General Plan.

6. The open space for which credit is proposed is of sufficient size and provides recreational improvements that will meet the recreation and park needs of the future residents of the area. Before credit is given, the City Council shall make written findings that the above standards are met.

F. At the time of approval of the tentative map or parcel map, the City Council shall determine the land to be dedicated and/or fees to be paid by the subdivider.

G. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land. Fees shall be paid as required by the City Council.

H. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

A. As a condition of approval of a tentative map or tentative parcel map, a subdivider who develops or completes the development of one or more subdivisions within the Sebastopol Union School District shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of construction thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

B. The requirement of dedication shall be imposed at the time of approval of the tentative map or tentative parcel map. If, within 30 days after the requirement of the 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 60 days after the filing of the final map or parcel map on any portion of the subdivision.

C. The school district shall, if 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.

D. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map or tentative parcel map.

As a condition of approval of a tentative map or tentative parcel map, there may be imposed, in accordance with the provisions of Section 66475.3 of the State Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Section 801.5 of the California Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map or tentative parcel map is filed. At the time of tentative map or tentative parcel map approval, the City Council shall specify the following:

A. The standards for determining the exact dimensions and locations of such easements.

B. Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.

C. The terms for conditions, if any, under which an easement may be revised or terminated.

The foregoing provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.

A subdivider shall be required to dedicate easements to provide public access to or along the shorelines of public natural resources, including a public waterway, river or stream, or reservoir in accordance with the criteria set forth in Government Code Sections 66478.4 through 66478.14 .

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

B. Where a park, recreational facility, fire station, library, or other public use is shown on any applicable specific plan or the General Plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the principles and standards contained in the plans or implementing laws. 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. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the plans 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.

C. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final 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 such period of time is extended by mutual agreement.

D. The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

A. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a parcel or final map or as a condition of issuing a building permit for the purposes of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the State Subdivision Map Act.

B. Whenever the following words are used in this section, they shall have the following meaning:

1. “Construction” means design, acquisition of right-of-way, administration of construction contracts and actual construction.

2. “Major thoroughfare” means a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a circulation network for the City of Sebastopol.

C. Whenever this section refers to the Circulation Element of the General Plan or to the transportation or flood control provisions thereof, it shall mean the Circulation Element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by the City pursuant to Chapter 3 of Title 7 of the State Government Code, together with any additions or amendments thereto hereafter adopted.

D. Prior to filing a parcel or final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to the property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges or constructing major thoroughfares.

E. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges or constructing major thoroughfares, unless such fees have been paid pursuant to subsection D of this section.

F. Notwithstanding the provisions of subsections D and E of this section:

1. Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.

2. Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.

G. Prior to establishing an area of benefit, a public hearing shall be held by the City Council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. The notice of such hearing shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

H. At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefited by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other protests or objections shall be considered. Any protests may be withdrawn by the owner’s making the same, in writing, at any time prior to the conclusion of the public hearing.

I. If there is written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the City Council within such one-year period from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

J. If the City Council finds that a majority protest has not been made, they shall make the determinations required by subsection G of this section and decide whether or not to confirm the area of benefit. The City Council shall announce its decision by resolution, which shall be recorded with the office of the County Recorder. There are hereby established fees for the purposes of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the City Council may adopt pursuant to this section. The fees and the area of benefit to which such fees are apportioned shall be established as set forth in the resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as condition of approval of a parcel or final map or as a condition of issuing a building permit for such property or portions thereof.

K. Notwithstanding the provision of subsection J of this section, payment of such fees shall not be required for:

1. The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Planning Director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Planning Director, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code.

2. The following accessory buildings and structures: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, workshops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.

L. Upon application by the subdivider or applicant the City Council may accept consideration in lieu of fees required pursuant to this section, provided:

1. The City Council finds upon recommendation of the City Engineer the substitute consideration has a value equal to or greater than the fee; and

2. The substitute consideration is in a form acceptable to the City Council.

The City Council may impose fees authorized by Section 66483 et seq. of the State Subdivision Map Act.

A. As a condition of approval of a tentative map or a tentative parcel map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the State Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

B. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

1. The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

2. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

3. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council pursuant to SMC 16.04.100 and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

D. In addition to the notice required by SMC 16.04.100, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for the hearing.

The City Council may require a subdivider to dedicate land or pay fees instead, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in conformance with Government Code Sections 65970 through 65980 .