Chapter 16.14
DEDICATIONS, FEES
AND RESERVATIONS
Sections:
16.14.010 Dedication of streets, alleys and other public rights-of-way and transit facilities.
16.14.020 Waiver of direct street access.
16.14.040 Parkland dedication and fees.
16.14.045 Dedication of land and/or payments of fees by developers of mobile homes.
16.14.050 Dedication of solar easements.
16.14.060 Dedication of access to public resources.
16.14.080 Bridge crossing and major thoroughfares fees.
16.14.090 Storm drainage and sanitary sewer fees.
16.14.100 Supplemental improvement capacity.
16.14.110 Interim public school classroom facilities.
16.14.010 Dedication of streets, alleys and other public rights-of-way and transit facilities.
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 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:
1. The subdivision as shown on the tentative map has potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more, and
2. The City 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 such land as is necessary and feasible to provide for such trails and paths.
Applications for building permits shall also be subject to requirement for street dedication subject to the provisions of CMC Title 17.
16.14.020 Waiver of direct street access.
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.
16.14.030 Dedications.
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.
16.14.040 Parkland dedication and fees.
The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in accordance with the Open Space and Conservation Elements of the General Plan, adopted in October 1990 and any amendments thereto. On the tentative and final maps or parcel maps submitted by the developer, 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, at the option of the City, in accordance with the following provisions:
A. If the proposed subdivision or division of land area contains 50 parcels or less, the subdivider shall be required to make a cash payment equivalent to the land value of the portion of the neighborhood or community park required to serve the residents of the proposed subdivision or division of land.
B. The amount of land to be dedicated shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of persons per unit by the number of parkland acres required for each 1,000 persons. The number of parkland acres required per 1,000 persons is three acres. The average number of persons per household shall be the most recent average established by the State Department of Finance.
|
Avg. # persons/households |
|
x # of units in project x 3 acres |
|
1,000 |
C. Whenever land is dedicated pursuant to this section, the subdivider shall, without credit and without cost to the City, provide the following for the benefit of the land dedicated:
1. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation or undergrounding of existing public utility facilities, storm drainage, sewage, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;
2. Block wall fencing along the property lines of the subdivision which are contiguous to the park;
3. Improved drainage throughout the park site;
4. Minimal physical improvements, not including recreational facilities, building or equipment, which the Director of Public Works determines are necessary for acceptance of the land for park and recreational purposes;
5. Access from the park and recreational facilities to an existing or proposed public street, unless the Director of Public Works determines that such access is unnecessary for maintenance of the park areas or use of the park by the residents of the area; and
6. Grading and drainage improvements, and irrigation and planting improvements as required under applicable City ordinances. All land to be dedicated and improvements to be made shall be approved by the City prior to the approval or disapproval of a subdivision by the City.
D. All grading plans for land to be dedicated shall be reviewed and approved by the Director of Public Works for conformance with the City Parks and Recreation Plan and the needs of the City.
E. No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated. However, park and recreational improvements to dedicated park land shall be a credit against the required dedication.
16.14.045 Dedication of land and/or payments of fees by developers of mobile homes.
A park dedication or in-lieu fee requirement is imposed on the developer of property to be used for the placement of mobile home(s). Unless otherwise specifically set forth herein, the dedication standard and/or amount of the fee for each mobile home as well as the administration procedure for the requirement shall be as set forth in CMC 16.14.040.
16.14.050 Dedication of solar easements.
A. 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.
B. At the time of tentative map or tentative parcel map approval, the Planning Commission shall specify the following:
1. The standards for determining the exact dimensions and locations of such easements.
2. Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.
3. 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.
16.14.060 Dedication of access to public resources.
A subdivider shall be required to dedicate easements to provide public access to or along the shore lines of public natural resources, including a public waterway, river or stream, lake or reservoir, in accordance with the criteria set forth in Government Code Sections 66478.4 through 66478.14.
16.14.070 Reservations.
A. As a condition of approval of a tentative map or tentative parcel map, the Planning Commission or 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 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.
16.14.080 Bridge crossing and major thoroughfares fees.
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” shall mean design, acquisition of right-of-way, administration of construction contracts and actual construction.
2. “Major thoroughfare” shall mean 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.
C. 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 major thoroughfares.
D. 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 over waterways or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (C) of this section.
E. Notwithstanding the provisions of subsections (C) and (D) 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.
F. Prior to establishing an area of benefit, a public hearing shall be held by the 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.
G. 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 benefitted 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 benefitted 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 protest shall be delivered to the City Clerk and no other protest 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.
H. If there is a written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefitted 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 benefitted, then the proposed proceedings shall be abandoned, and the 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 Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the 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 benefitted are in favor of going forward with such portion of the improvement or acquisition.
I. If the Council finds that a majority protest has not been made, they shall make the determinations required by subsection (F) of this section and decide whether or not to confirm the area of benefit. The 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 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.
J. Notwithstanding the provision of subsection (I) 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. However, the total value, as determined by the Director of Planning and Building, of all such alteration, enlargement or construction completed within any one-year period shall not exceed one-half of the current market value, as determined by the Director of Planning and Building, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building shall not 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, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.
K. Upon application by the subdivider or applicant for a parcel or final map or a building permit, the Planning Commission may recommend to the Council to accept a substitution or consideration in lieu of fees required pursuant to this section, provided:
1. The Council finds upon recommendation of the Director of Public Works 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 Council.
16.14.090 Storm drainage and sanitary sewer fees.
The Council may impose fees authorized by Sections 66483 et seq. of the State Subdivision Map Act by adopting an ordinance in conformance with the requirements set forth therein.
16.14.100 Supplemental improvement capacity.
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 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 benefitted 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 benefitted.
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 Council and the 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 CMC 16.14.080(F), 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.
16.14.110 Interim public school classroom facilities.
The City 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.