Chapter 14.12.030 STANDARD DEDICATIONS (§ 14.12.030.010 – § 14.12.030.090)

A developer shall dedicate that portion of the land within the subdivision or development site that is required for public improvements which will serve the subdivision or development. In addition to all the other requirements that arise out of the specific development proposal, and as provided in this division, a developer may be required to dedicate or reserve for future acquisition, that portion of the land within the subdivision or development site which is required to serve properties which are not within the subdivision or development site.

A.

Manner of Conveyance.

1.

All dedications of land to the City for public purposes shall be:

a.

Made in fee title, unless a decision maker allows a grant of easement;

b.

Free of liens and encumbrances except for those which the City Engineer finds would not conflict with the intended use; and

c.

Free of any contaminants or other hazardous materials, as determined by documentation found acceptable to the City Engineer.

2.

The City Engineer may accept an irrevocable offer of dedication, as defined in Section 14.12.010.030, in lieu of a dedication in fee title.

3.

Dedications in conjunction with tentative map or parcel map approvals shall normally be made as statements on the final map or parcel map. In unusual circumstances, when determined appropriate by the City Engineer, the dedication may be made by separate instrument in lieu of a statement on the map. If dedications are made by separate instrument, the dedications shall be recorded concurrently with, or prior to, the final map or parcel map being recorded.

4.

Dedication required by a land development permit shall be made by a separate, recorded instrument. The dedications shall be recorded concurrently with or prior to the issuance of building permits based on the approved land development permit.

5.

All dedications shall be made at no cost to the City unless the City determines that compensation for a supplemental dedication is required pursuant to Section 14.12.030.090.

B.

Baseline Minimum Standards. The City has established as a baseline, the minimum standards for the dedication or reservation of properties in conjunction with the approval of a tentative map or land development permit. These standards are based on the concept of equivalent dwelling unit, EDU, as

established during the process of the development improvement fees and the utility master plans, and the determination of the City that they are the minimum standards necessary to adequately serve development within the City. These standards will also be used to evaluate whether or not a dedication or reservation will qualify as being supplemental in accordance with Section 14.12.030.090.

1.

The decision maker for a proposed development may require that additional property be dedicated or reserved to:

a.

Avoid or mitigate significant environmental impacts associated with the development or a change of use of the property; or

b.

To make the necessary mandatory findings for approving a specific development proposal.

2.

The provisions of Section 14.12.030.090 will be used to determine if the required additional dedication or reservation is supplemental.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A developer shall dedicate that portion of the land within the subdivision or the development site that is required for streets, including adequate right-of-way for emergency/parking lanes, curb, gutter and sidewalk, alleys, pedestrian ways, bicycle paths, access rights and restrictions, landscaped parkways, local transit facilities, and any other public access easement or rights-of-way. A developer may be required to dedicate a reserve strip for non-access at the end of streets or at the boundaries of a subdivision or development.

A.

Public Streets.

B.

When a proposed public street lies partially outside the boundaries of a subdivision map or land development, the developer shall dedicate right-of-way on one side of the street as follows:

C.

The dedication of right-of-way shall be located wholly within the boundaries of the subdivision or land development, unless the developer acquires the right-of-way from the adjacent property owner. D.

When a single-family residential subdivision backs up to or sides onto an arterial street, an additional five feet of right-of-way shall be provided for landscaping purposes.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

When a subdivision or development abuts an open space area or other lands determined to be a fire hazard by the Fire Chief, the developer shall provide adequate access for fire equipment and emergency vehicles. This access may be provided by abutting public streets, public access easements or publicly owned land, as determined by the decision maker. The location and extent of access shall be determined by the

decision maker, based on the recommendation of the Fire Chief and in consideration of such factors as topography, parcel size and configuration, and type of development.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A developer shall dedicate that portion of the land within the subdivision or the development site that is required for public or private utilities, which include, but are not limited to, easements for water lines, sewer lines, storm drainage lines, electrical service, natural gas, cable television, telephone and other communication lines.

A.

Utility Easements Adjoining a Public Street.

B.

Utility Easements Not Adjoining Public Street.

C.

Easements for City-owned utilities shall not be placed in side yard or backyard easements, except under unusual conditions, which have the prior approval of the City Engineer. In the case where an exception is granted, the conditions of that approval will be at the discretion of the City Engineer, and would include larger than normal widths, and larger than normal pipes.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A developer shall dedicate that portion of the land within the subdivision or the development that is needed to accommodate projected storm water flows through the property, to provide for proper drainage of parcels within the subdivision or development and to provide for bank protection, flood control and maintenance access along creeks and other drainage courses. A detailed engineer's drainage study, acceptable to the City Engineer, shall be submit in conjunction with any proposed addition to the City's drainage system.

A.

The minimum easement width standard for manmade channels shall be 15 feet plus width of drainage facility.

B.

The minimum standard for natural creek channel dedications shall extend 40 feet back from the top of stable bank, as determined by the City Engineer.

C.