Yuba County Municipal Code Ch. 11.45 Dedications and Reservations

This Chapter establishes the dedications and reservations that the County may impose on a subdivider as a condition for approval of a tentative map or a parcel map. The purpose of this Chapter is to ensure that new developments designate lands in appropriate locations, sizes, and free of constraints to accommodate public facilities and infrastructure needed to serve such development and/or pay a fair-share fee for land acquisition.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for roads and other public rights-of-way according to the standards below. Such dedication shall be either in fee or easement as determined by the Public Works Director.

(1) If the proposed subdivision lies only on one side of an existing County road, the subdivider shall offer to dedicate rights-of-way not less than one-half of that required by the Circulation section of the Community Development Element of the General Plan, adjacent to the center line of said County Road. If the subdivision includes both sides of an existing County road, the subdivider shall offer to dedicate an over-all width of right-of-way of at least that required by the adopted Yuba County Circulation Plan. Dedication of land not adjacent to an existing County road may be required for planned projects per said circulation plan.

(2) As part of the subdivision, the owner shall dedicate right-of-way in accordance with the Circulation section of the Community Development Element of the General Plan. Right-of-way for roads within new subdivisions or for adjoining roads required to give access to the subdivision that are not shown on the Vehicular Circulation Diagram shall be dedicated to the standards of their highest future use.

(3) Waiver of Right-of-Way Dedications by Public Works. The Public Works Director may authorize a reduction in the requirements for right-of-way dedications if he or she finds that the standard requirements would affect existing structures, existing land uses, or new subdivisions where the sidewalk will be detached from the curb. In no case may a reduction be granted under this Subsection that would allow for right-of-way width of less than 30 feet.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision or that is in accordance with the Bikeway Master Plan.

(Ord. No. 1624)

When required as a condition of approval for a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.

(Ord. No. 1624)

At such time as the County has adopted solar access standards, and when required as a condition of approval for a tentative subdivision map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accordance with any standards for solar access adopted by the Board of Supervisors.

(Ord. No. 1624)

(a) Authority. This Section is adopted under the provisions of Section 66477 of the Subdivision Map Act and the power of the County of Yuba to protect the public health, safety and welfare of its residents.

(b) Applicability and exemptions. This Section applies to subdivisions of land classified by the County for, or otherwise proposed for, residential use. This Section does not apply to:

(1) Subdivisions containing fewer than five parcels and not used for residential purposes, provided that a condition is placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years of filing the parcel map with the County Recorder, the fee shall be paid by the owner of each such parcel as a condition to issuance of such permit.

(2) Commercial or industrial subdivisions.

(3) Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added.

(c) Requirement for and use of land and/or fees. As a condition to the approval of a tentative or parcel or subdivision map, each subdivider of land for residential use shall dedicate or reserve land, pay fees in lieu of such dedication of land, or a combination of both, for park or recreational purposes. Park and recreational purposes shall include land and facilities for recreational activities. This includes a range of recreational facilities such as community gardening, green spaces, outdoor sports facilities, outdoor fitness stations, dog-friendly amenities, trails, picnic areas, and other uses that would be compatible with recreational or leisure activities.

(1) Use of land and fees. The land, fees, or combination thereof are to be used only for the purpose of developing (including acquiring the necessary land) new, or rehabilitating existing, neighborhood or community park or recreational facilities to serve the subdivision.

(d) Amount of land and/or fee to be dedicated.

(1) General standard. The amount of land or fees, or both, shall be the amount necessary to provide five acres of park area per 1,000 persons residing within a subdivision. The general standard is .005 acre/person.

(2) Standard for determining proportion of subdivision to be dedicated. If a park or recreational facility has been designated in the plans and is to be located within a proposed subdivision, then the subdivider shall dedicate land for a park or recreational purposes sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the future residents of the subdivision. The formula for determining the amount of required dedicated land shall be as follows:

Required Dedication (acres) = 0.005 x Average Number of Persons/Dwelling Unit x Number of Dwelling Units.

a. Average number persons/dwelling unit. The average number of persons per dwelling unit based on the 2030 General Plan is 2.90 for low density residential (i.e. RS and RR zone districts), 2.50 for medium density residential, and 1.5 for high density residential.

b. Dwelling units. The total number of dwelling units of the same type in a subdivision. If a mixture of dwelling unit types exist in a subdivision, the land to be dedicated for each type shall be separately calculated and then added together to obtain the land to be dedicated for a subdivision.

(3) Standard for determining amount of fees. If a park or recreational facility has not been designated in the plans in whole or part within a subdivision, the subdivider shall pay fees in the amount of 120 percent of the Fair Market Value per acre of the required dedication. The fees equal the amount obtained by multiplying the general standard times the value of land that would have been dedicated if such dedication were made under this Section, plus another 20 percent of this amount towards off-site improvements.

a. Fair market value. The fair market value shall be determined by a written appraisal acceptable to the County and paid for by the developer. The appraisal shall be made within 30 days prior to the date the subdivider files a parcel or final map. The subdivider shall notify the County of the expected filing date at least six weeks prior to filing date of a parcel or final map. If the parcel or final map to which the appraisal relates is not filed within one year after the date of the appraisal, a new appraisal shall be prepared as provided by this Section. In appraising the fair market value per acre, the appraisal shall consider, but is not limited to, the following:

1. Approval of and conditions of the tentative subdivision map;

2. General Plan or community plan designation;

3. Zoning district;

4. Property location;

5. Off-site improvements facilitating use of the property; and

6. Site characteristics of the property.

(4) Standard for determining combination of dedication and fees. If the amount of land required for dedication under this Section exceeds the portion of land within a subdivision necessary to complete the site within the subdivision for a park or recreational facility proposed in the plans, the subdivider shall dedicate land for park or recreational purposes necessary to complete the site. In addition, the subdivider shall pay fees in the amount of 120 percent of the Fair Market Value per acre for the remaining portion of required dedication.

(e) Fees only subdivisions; exceptions. Only the payment of fees may be required in subdivisions containing 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 notwithstanding that the number of parcels may be less than 50.

This Subsection does not prohibit the voluntary dedication by a subdivider and acceptance by County of land for park or recreational purposes in subdivisions of 50 parcels or less. The credit provisions of this Section shall not apply to such a voluntary dedication of land.

(f) Credits.

(1) Generally. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Section. However, the subdivider shall not receive a credit for any of the following:

a. Any street improvement and utility connection including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees or sidewalks within the boundaries of the land that would have been constructed or installed, regardless of the land being dedicated for park or recreational purposes.

b. Fencing along the property line of that portion of the subdivision contiguous to the land.

c. Improved drainage through the land.

d. Other minimal improvements that the County determines are essential for the County's acceptance of the land.

(2) Credit for private common open space. In addition to any other credit provided by this Section, common interest developments, as defined in Civil Code Section 1351, shall be eligible to receive a credit against the payment of fees or dedication of land required by this Section for 50 percent of the value of private common open space within the development which is usable for active recreational uses and where all of the following conditions are satisfied:

a. Yards, setbacks, and other open areas required by the zoning and building ordinances, including areas credited against minimum lot sizes, shall not be included in computing the amount of such private common open space;

b. Private ownership and maintenance of the open space shall be adequately provided for by deeds and recorded covenants;

c. Use of the private common open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of the property within the development and which cannot be eliminated without the consent of County;

d. The proposed private common open space is reasonably adaptable for use for park and recreational purposes as determined by the County; and

e. The private common open space for which credit is given shall meet the needs of the future residents of the development, or, alternatively, that the land or facilities offered, or both, provide a special recreational benefit to the development not otherwise provided in available park and recreational facilities.

(g) Procedures.

(1) Determination and factors. The amount and location of land to be dedicated or the fees to be paid, or a combination of both, shall be solely determined by the Community Development and Services Agency Director, after consulting with the Planning Director and the director of the local public parks agency, if one exists, considering the intent of this Section, the principal considerations hereafter described, and the following factors:

a. Consistency with the Yuba County Parks Master Plan and the General Plan.

b. The natural features, access, and location of land in the subdivision available for dedication;

c. Size and shape of the subdivision and land available for dedication;

d. Feasibility of dedication;

e. The location of existing and proposed park sites and railways; and

f. The design and location of proposed park and recreational facility improvements.

(2) Principal consideration. Principal consideration shall be given to land that offers one or more of the following:

a. A variety of recreational potential for all age groups.

b. Recreational opportunities within walking distance from residential areas or homes.

c. Possibility for expansion or connection with school grounds.

d. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space.

e. Coordination with all other park systems.

f. Access to at least one existing or proposed public street.

(3) Time of land determination, fee percentage and conveyance.

a. The amount and location of the land to be dedicated and the percentage of the fees to be paid shall be determined at the time of the approval under this division of a tentative parcel or subdivision map.

b. At the time of filing of the final map or parcel map, fee simple absolute title to the dedicated land shall be conveyed in compliance with this Section and Government Code Section 27281.

(4) Time of fee amount determination and payment. The CDSA Director shall determine the amount of fees or remaining fees to be paid after receiving the written appraisal provided by this Section. The CDSA Director shall notify the director of the local public parks agency and the subdivider in writing of the amount of the fees to be paid. The fees shall be paid and received at or prior to the time of filing of the final map or parcel map.

(Ord. No. 1624)

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions may be required to dedicate to the school district, or districts, within which such subdivision is to be located, such land as the school district deems necessary for the purpose of constructing schools necessary to assure the residents of the subdivision adequate elementary school service.

(1) Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 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 60 days after the filing of the final map on any portion of the subdivision.

(2) Payments to subdivider. The school district shall, if it accepts the dedication of land, repay the subdivider the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following:

a. Improvement costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;

b. Assessed taxes. 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. Other costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.

(3) Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.

(Ord. No. 1624)

(a) Waterways. For any subdivision that fronts upon a public waterway, river, or stream:

(1) Reasonable public access shall be provided by fee or easement from a public roadway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. "Reasonable access" shall be determined by the hearing body according to the provisions of Section 66478.4 of the Subdivision Map Act.

(2) A public easement shall be dedicated along a portion of the bank of the river or stream bordering or lying within the proposed subdivision, consistent with the provisions of Section 66478.5 of the Subdivision Map Act.

(b) Lakes and reservoirs. For any subdivision that fronts upon any lake or reservoir that is owned in part or entirely by any public agency, reasonable public access shall be provided by fee or easement from public roadways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision. "Reasonable access" and "reasonable distance" shall be determined by the hearing body according to the provisions of Section 66478.12 of the Subdivision Map Act.

(Ord. No. 1624)

(a) Closed conduits. An easement no less than 15 feet in width, or that which is sufficient to contain the closed conduit and appurtenances plus two feet on one side of the conduit and a ten-foot maintenance way on the other side of the conduit, whichever is greater, shall be offered for dedication on the final map or parcel map of the subdivision. Drainage easements for closed conduits shall not traverse a building site and shall, insofar as possible, be placed along or adjacent to lot boundary lines in a straight alignment without angle points.

(b) Meandering drainage easements (M.D.E.). The width of the easement shall be to the limits of the 100-year flood plain or up to a maximum of 20 feet from the general centerline of the drainage course (which shall be shown on the final map or parcel map). The acceptance of such M.D.E. on behalf of the public does not obligate the County for the maintenance of such drainage easement.

(c) Earth channels and maintained waterways. Where earth channels or maintained waterways are constructed within the subdivision, easements shall be provided according to the following standards:

(1) Channels less than 30 feet in width shall have a sufficient easement dedicated to contain the top width of the channel, plus a 12-foot continuous maintenance way on one side and four feet on the other side.

(2) Channels 30 feet or greater in width shall have a sufficient easement dedicated to contain the top width of the channel, plus a 14-foot continuous maintenance way on both sides of the channel or waterway.

(3) Any fencing requirement will be determined by the decision-making authority.

(Ord. No. 1624)

At the time the County approves a final map or parcel map, the County shall also accept, accept subject to improvement, or reject, any offer of dedication. The County shall certify or have stated on the final map or parcel map the County's action.

(1) Offers of dedication. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities that directly benefit the residents of a subdivision, or storm drainage easements are not accepted by the County, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, 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.

(2) Termination of offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Section 8300 et seq. of the Streets and Highways Code.

(Ord. No. 1624)

The County shall record a certificate or statement on the face of the map with the County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. If by certificate, the certificate shall be attached to the map. The certificate or statement shall contain the name and address of the subdivider dedicating the property; a legal description of the real property being dedicated or adequately depicted on the map; and a statement that the County shall reconvey the property to the subdivider if the County makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(Ord. No. 1624)

(a) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards contained in this Subsection and the Subdivision Map Act.

(b) Designated areas (standards for reservation). Where a park, recreational facility, fire station, library, school, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the County to reserve sites determined by the County to be in accordance with the policies and standards of the General Plan or such specific plan. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan or specific plan, 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) Acquisition. The County or other public agency for whose benefit an area has been reserved shall, at the time of recordation of the final map 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 the period of time is extended by mutual agreement between the subdivider and the public agency for whose benefit the area has been reserved.

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

(e) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement at the time of recordation of the final map or parcel map, as provided for in Section 66480 of the Subdivision Map Act and Subsection (c) above, the reservation of the area shall automatically terminate.

(Ord. No. 1624)