Sonoma Municipal Code Ch. 16.10 Dedications and Exactions

This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval. (Ord. 06-2022 § 1, 2022).

A. Compliance Required. All proposed subdivisions shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees.

B. Conditions of Approval. The requirements of this chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the tentative map. (Ord. 06-2022 § 1, 2022).

The review authority may require any of the dedications or exactions described in this chapter through conditions of approval of a proposed tentative map only after first making findings which:

A. Identify the purpose for the dedication or exaction; and

B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. (Ord. 06-2022 § 1, 2022).

A. Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map. This section is enacted as authorized by the provisions of Article 3, Chapter 4 of the Map Act, also known as the “Quimby Act.”

B. Applicability.

1. Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.

2. Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivisions exempted by Map Act Section 66477.

C. Amount of Parkland Required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:

X =.005(UP)

Where:

X = Amount of parkland required, in acres.

U = Total number of approved dwelling units in the subdivision.

P = The projected average number of residents per dwelling unit in the proposed subdivision, as determined by the city planner.

D. Formula for Fees in Lieu of Land. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection (C) of this section, the subdivider shall pay a fee to the city in lieu of dedication, as a condition of tentative map approval. The fee shall equal the parkland obligation derived from the formula in subsection (C) of this section, less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area. For purposes of determining the required fee, the term “fair market value” shall mean the market value of the land as determined by the city, and approved by the commission, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the city whose appraisal may be accepted by the city if found reasonable. Fair market value may be determined by mutual agreement of the city and subdivider; however, decisions of the city as to fair market value shall be final and conclusive.

E. Criteria for Requiring Dedication and Fees. In subdivisions of over 50 lots, the city may require the subdivider to both dedicate land and pay a fee, as follows:

1. Determination of Land or Fee. Whether the city 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:

a. The provisions of the General Plan, and any applicable specific plans, and the compatibility of dedication with those plans;

b. Access, size, shape and the location of land in the subdivision available for dedication;

c. Feasibility of dedication; and

d. Availability of previously acquired park property.

2. Fees Only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50.

3. Procedure for Determining Land or Fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The determination of the review authority shall be based on a report and recommendation from the city planner. The recommendation by the city planner and the action of the review authority shall consider the factors in subsection (E)(1) of this section, and shall include the following:

a. The amount of land required;

b. Whether a fee shall be charged in lieu of land;

c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities;

d. The location and suitability of the parkland to be dedicated or use of in-lieu fees; and

e. The approximate time when development of the park or recreation facility shall commence.

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

4. Formula for Land and Fees. When both land dedication and fee payment are required, they shall be subject to the following formula:

a. When only a portion of the land to be subdivided is proposed in the General Plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by subsection (D) of this section shall be paid for any additional land that would have been required to be dedicated by subsection (C) of this section.

b. When a major part of the local park or recreational site has been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by subsection (D) of this section shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by subsection (C) of this section. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.

5. Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

6. Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds all of the following:

a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space;

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

c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;

d. The proposed private open space is usable for active recreation; and

e. Facilities proposed for the open space are in substantial compliance with the provisions of the Resource Management Element and Master Plan of Parks.

F. Suitability of Land to Be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2. If the council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection (D) of this section.

G. Conveyance of Land – Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map in fee simple absolute, to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of the city attorney, will not interfere with use of the property for park and recreational purposes, and which the council agrees to accept. The amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the city attorney in favor of the city in an amount equal to the value of the land.

H. Use of Collected Fees. Fees collected in compliance with this section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 06-2022 § 1, 2022).

As a condition of approval of a tentative map, the city may require the subdivider to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, in compliance with this section.

A. Standards for Reservation of Land.

1. Location of Land. Where a park, recreational facilities, fire station, library, or other public use is shown in the General Plan or applicable specific plan, the subdivider may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.

2. Configuration. The reserved area shall be of a size and shape that will permit the balance of the property 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 infeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection (B) of this section, Procedure for Reservation of Land.

B. Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the parcel or final map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.

C. Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time the tentative map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.

D. Termination of Reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in subsection (B) of this section, Procedure for Reservation of Land, the reservation shall automatically terminate. (Ord. 06-2022 § 1, 2022).

A. Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters’ rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.

B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters’ rights, in compliance with the city’s improvement standards.

C. Rights-of-Way, Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.

D. Bicycle Paths. Any subdivider who is required to dedicate roadways to the public may be required to dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision, if necessary to offset impacts otherwise associated with the subdivision.

E. Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:

1. The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and

2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

F. Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plans, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways. (Ord. 06-2022 § 1, 2022).

A. Dedication Requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the review authority determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:

1. Have owned the land being subdivided for less than 10 years before filing the tentative map; and

2. Develop, or complete the development of, a subdivision of more than 400 dwelling units within a single school district, within a period of three years or less.

B. Tentative Map Approval. If the school district responds to the referral of the tentative map application (SMC 16.04.030) with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the review authority shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act Section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically infeasible, or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

C. Timing of Dedication. The required dedication may occur before, concurrently with, or up to 60 days after the filing of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.

D. Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within 30 days after the requirement is imposed by the review authority, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first 400 dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code Section 11525.2.

E. Judicial Review. Any person who is aggrieved by or fails to agree to the reasonableness of any requirement imposed in compliance with this section may bring a special proceeding in the superior court in compliance with Map Act Section 66499.37.

F. Reversion of Land – Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted, and the school district, within 10 years from the date of acceptance, offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership. (Ord. 06-2022 § 1, 2022).