Article 6 — Dedications and Reservations

As a condition of approval of a final map or parcel map, the subdivider may be required to dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider may be required to improve or agree to improve streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements (66475).

(§ II, Ord. 87-2, eff. March 12, 1987)

The County 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 or abutting the subdivision.

The waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final map or parcel map (66476).

(§ II, Ord. 87-2, eff. March 12, 1987)

At the time the Board approves a final or parcel map, the Board shall also accept, accept subject to improvement, or reject any offer of dedication. If there is no action by the Board with regard to the offer of dedication, the offer shall be deemed to have been rejected (66477.1).

(a)

If, at the time the map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open, and the Board, by resolution at any later date and without further action by the subdivider, may rescind its action and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

(b)

In the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three (3) years after the approval of the map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, the offer of dedication of public access routes from public highways to any water of such lake or reservoir shall be accepted within five (5) years after the approval of the map. All other offers of dedication may be accepted at any time.

(c)

Offers of dedication which are covered by subsection (a) of this section may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9, or by Chapter 2 (commencing with Section 940) of Division 2, of the Streets and Highways Code of the State, whichever is applicable.

(d)

Offers of dedication which are not accepted within the time limits specified in subsection (b) of this section shall be deemed abandoned.

(e)

Except as provided in Sections 66499.16, 66499.17 and 66499.18 of the Government Code of the State, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Board (66477.2).

(§ II, Ord. 87-2, eff. March 12, 1987)

The acceptance of offers of dedication on a final or parcel map shall not be effective until the map is filed in the office of the County Recorder or a resolution of acceptance by the Board is filed in such office. (66477.3).

(§ II, Ord. 87-2, eff. March 12, 1987)

As a condition of approval of a final subdivision map, a subdivides who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the Board shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(§ II, Ord. 87-2, eff. March 12, 1987)

The requirement of dedication shall be imposed at the time of the approval of the tentative map. If, within thirty (30) days after the requirement of dedication is imposed by the County, 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 map on any portion of the subdivision.

(§ II, Ord. 87-2, eff. March 12, 1987)

The school district, if it accepts the dedication, shall repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)

The cost of any improvement to the dedicated land since acquisition by the subdivider;

(b)

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; and

(c)

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

(§ II, Ord. 87-2, eff. March 12, 1987)

The provisions 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 map.

(§ II, Ord. 87-2, eff. March 12, 1987)

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.

(§ II, Ord. 87-2, eff. March 12, 1987)

It is the intent of the Legislature, by the provisions of Sections 66478.1 through 66478.10 of the Government Code of the State, to implement Section 2 of Article M of the Constitution of the State insofar as said Sections 66478.1 through 66478.10 are applicable to navigable waters (66478.1).

The Legislature finds and declares that the public natural resources of the State are limited to quantity and that the population of the State has grown at a rapid rate and will continue to do so, thus increasing the need for the utilization of public natural resources. The increase in population has also increased the demand for private property adjacent to public natural resources through real estate subdivision development which resulted in diminishing public access to public natural resources (66478.2).

The Legislature further finds and declares that it is essential to the health and well-being of all citizens of the State that public access to public natural resources be increased. It is the intent of the Legislature to increase public access to public natural resources (66478.3).

(§ II, Ord. 87-2, eff. March 12, 1987)

(a)

The Board shall not approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(b)

Reasonable public access shall be determined by the Board. In making the determination of what shall be reasonable access, the Board shall consider all of the following:

(1)

That access may be by highway, foot trail, bicycle trail, horse trail, or any other means of travel;

(2)

The size of the subdivision;

(3)

The type of river bank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching; and

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing.

(c)

A public waterways river or stream, for the purposes of this section and Sections 10-4.603.3 and 10-

(a)

The Board shall not approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river, or stream which does not provide for the dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(b)

The extent, width, and character of the public easement shall be defined reasonably to achieve reasonable public use of the public waterway, river, or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the Board. In making the determination for reasonably defining the extent, width, and character of the public easement, the Board shall consider all of the following:

(1)

That the easement may be for a foot trail, bicycle trail, or horse trail;

(2)

The size of the subdivision;

(3)

The type of river bank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching; and

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing (66478.5).

(§ II Ord. 87-2 eff. March 12, 1987)

Any public access route or routes and any easement along the bank of a public waterway, river, or stream provided by the subdivider shall be expressly designated on the tentative map or final subdivision map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication (66478.6).

(§ II, Ord. 87-2, eff. March 12, 1987)

Nothing in Sections 10-4.603.1 through 10-4.603.4 of this article shall require the Board to disapprove either a tentative or final subdivision map solely on the basis that the reasonable public access otherwise required by this article is not provided through or across the subdivision itself if the Board makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision.

Any such finding shall be set forth on the face of the tentative or final subdivision map.

(§ II, Ord. 87-2, eff. March 12, 1987)

Nothing in Section 10-4.603.3 of this article shall apply to sites for electric power generating facilities.

(§ II Ord. 87.2 eff. March 12, 1987)

Nothing in Sections 10-4.603.1 through 10-4.603.4 of this article shall apply to industrial subdivisions.

(§ II Ord. 87-2 eff. March 12, 1987)

(a)

The Board shall not approve either a tentative or a final map of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, which subdivision does not provide or have available reasonable access by fee or easement from a public highway to any water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.

Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final subdivision map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

(b)

Reasonable access, as used in subsection (a) of this section, shall be determined by the Board.

(c)

In making the determination of what shall be reasonable access, the Board shall consider:

(1)

That access may be by highway, foot trail, bicycle trail, horse trail, or any other means of travel;

(2)

The size of the subdivision;

(3)

The type of the shore line and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching; and

(4)

The likelihood of trespassing on private property and the reasonable means of avoiding such trespassing.

(d)

Nothing in this section shall require the Board to disapprove either a tentative or final subdivision map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself if the Board makes a finding that such reasonable access is otherwise available within a reasonable distance from the subdivision.

Any such finding shall be set forth on the face of the tentative or final subdivision map.

(e)

The provisions of this section shall not apply to the final map of any subdivision, the tentative map of which was approved by the Board prior to December 25, 1975.

(f)

Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated at any future time by the mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the office of the County Recorder of the County in which such route or routes are located (66478.12).

(§ II, Ord. 87-2, eff. March 12, 1987)

The Board shall not issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this article as a subdivision pursuant to subsection (d) of Section 10-4.302 of Article 3 of this chapter because such property is in excess of forty (40) acres and was created as such a parcel after December 31, 1969, when such property fronts on the shore line, unless the Board finds that

reasonable public access has been provided from public highways to land below the ordinary highwater mark of a lake or reservoir upon which the real property fronts.

"Reasonable public access", as used in this section, shall be determined by the Board. In making such a determination, the Board shall use the same criteria as those set forth in subsections (c) and (d) of Section 66478.13 of the Government Code of the State.

(§ II, Ord. 87-2, eff. March 12, 1987)

Nothing in this article shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or non-owners of the real property in question (66478.14).

(§ II, Ord. 87-2, eff. March 12, 1987)