Chapter 17.15
DEDICATIONS AND RESERVATIONS
Sections:
Article I. Dedications and Reservations
17.15.020 Required dedications.
17.15.030 Acceptance, rejections, and termination of dedications.
17.15.040 Recording dedications.
Article I. Dedications and Reservations
17.15.010 Purpose.
This article establishes requirements and procedures for dedications and reservations of land that the city may require as a condition of approval for a tentative map or tentative parcel map.
(Ord. No. 17-9 (Exh. A))
17.15.020 Required dedications.
(a) Use of dedication. When required as a condition of approval for a tentative map or a tentative parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of real property for the following purposes:
(1) Streets and alleys, including access rights and abutters’ rights, drainage, public greenways, scenic easements, public utility easements, and other public easements.
(2) Bicycle paths for the use, safety, and benefit of the residents of the subdivision.
(3) Local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.
(4) 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; provided, that the city has adopted standards for such easements consistent with Government Code Section 66475.3.
(5) Land for open space, park, and recreational purposes consistent with Chapter 19.20 (Park Land Dedication).
(6) Land for construction of an elementary school consistent with Government Code Section 66478.
(7) Buffer areas and setbacks for watercourses, streams, and storm drains.
(b) Basis for requirement. Dedication requirements shall be as determined necessary by the Planning Commission or Zoning Administrator to achieve consistency with the general plan, any applicable specific plan, and the subdivision and improvement design standards in Chapter 17.20 (Subdivision Design and Improvements).
(c) Dedication standards. The size, dimensions, and other characteristics of dedicated property shall be consistent with city standards as described in Chapter 17.20 (Subdivision Design and Improvements) or as otherwise required by the City Engineer consistent with official city policy.
(Ord. No. 17-9 (Exh. A))
17.15.030 Acceptance, rejections, and termination of dedications.
(a) Acceptance.
(1) At the time the city approves a final map or parcel map, the city shall also accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify or state on the map the city’s action.
(2) The City Engineer may accept dedications and improvements for minor subdivisions and off-site dedications lying outside a subdivision boundary that require a separate grant deed.
(3) Acceptance of offers of dedication shall become effective on the date an approved final map or parcel map or resolution of acceptance by the city is filed with the County Recorder.
(b) Rejection. If the city rejects any offers of dedication, the offer of dedication shall remain open and valid. The City Council may, by resolution at any later date and without further action by the subdivider, rescind the initial action rejecting an offer of dedication and accept and open the offered dedication for public use. Such later acceptance resolution shall be recorded with the County Recorder.
(c) Termination. The City Council may by resolution terminate and abandon offers of dedications in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.
(Ord. No. 17-9 (Exh. A))
17.15.040 Recording dedications.
The city shall record a certificate 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. The certificate shall be attached to the final map or parcel map and shall contain all of the following:
(a) The name and address of the subdivider dedicating the property;
(b) A legal description of the real property being dedicated; and
(c) A statement that the city shall reconvey the property to the subdivider if the city 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. 17-9 (Exh. A))
17.15.050 Reservations.
(a) General. As a condition of approval of a tentative map or tentative parcel map, the city may require a subdivider to reserve sites for parks, recreational facilities, fire stations, libraries, or other public uses. Any such requirement shall be consistent with Government Code Section 66479 and this section.
(b) Standards for reservation of land. Reservation requirements shall comply with the following standards:
(1) Reservation requirements shall be consistent with the general plan and any applicable specific plan related to the public use for which the site is reserved.
(2) 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.
(3) The reservation requirement shall not make development of the remaining land held by the subdivider economically unfeasible.
(c) Binding agreement. Upon the approval of the final map or parcel map, the public agency for whose benefit an area has been reserved shall enter into a binding agreement to acquire the 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 benefiting public agency.
(d) Payment to subdivider. The purchase price of the reserved area shall be the sum of:
(1) The fair market value of the reserved area at the time of the filing of the tentative map or tentative parcel map;
(2) The taxes against the reserved area from the date of the reservation; and
(3) 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 benefiting public agency does not enter into a binding agreement within two years as specified in subsection (c) of this section (Binding agreement), the reservation shall automatically terminate.
(Ord. No. 17-9 (Exh. A))