Chapter 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.020 Coastal Access and Open Space Dedications.
19.40.030 Waiver of Access Rights (California Government Code Section 66476).
19.40.050 Certificates of Dedication and Reconveyance (California Government Code Section 66477.5).
19.40.010 Dedication of Streets and Other Facilities (California Government Code Sections 66475, 66475.1, 66475.2).
A. Dedications Required. As a condition of approval of a tentative map, the City may require the subdivider to dedicate or make an irrevocable offer to dedicate to the public, the City or such other public agency as the City may deem appropriate, all real property, both on-site and off-site, required for public use or benefit including, but not limited to, streets, highways, alleys, access rights, walkways, equestrian trails, rights-of-way for drainage and erosion control facilities, and open space, public utility and other public easements.
B. Bikeways. Whenever a subdivider is required, pursuant to this Section, to dedicate roadways to the public, the subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map thereof, contains two hundred (200) or more parcels.
C. Transit Facilities. The City may require dedication of transit facilities, such as bus turnouts, benches, shelters and similar facilities, for subdivisions identified in California Government Code Section 66475.2.
D. Compliance with City Traffic Ordinances. In addition to the requirements of this Subdivision Code, subdividers shall comply with all applicable provisions of Chapter 15.38 (Fair Share Traffic Contribution Ordinance), 15.40 (Traffic Phasing Ordinance) and Chapter 15.42 (Major Thoroughfare and Bridge Fee Program). (Ord. 2023-22 §§ 838, 839, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.40.020 Coastal Access and Open Space Dedications.
When the Local Coastal Program Land Use Plan, adopted pursuant to California Public Resources Code Division 20 (California Coastal Act), indicates the location of a public accessway or any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map and offered for dedication to the City. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or conservation area, whether public or private, shall be identified on the map. (Ord. 2023-22 § 840, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.40.030 Waiver of Access Rights (California Government Code Section 66476).
As a condition of approval of a tentative map, the City may require that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. (Ord. 2023-22 § 841, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.40.040 Acceptance of Offers of Dedication (California Government Code Sections 66477.1, 66477.2, 66477.3).
Acceptance, rejection and termination of offers of dedication shall be in accordance with California Government Code Sections 66477.1 through 66477.3. (Ord. 2023-22 § 842, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.40.050 Certificates of Dedication and Reconveyance (California Government Code Section 66477.5).
A. Certificate to Be Recorded. The City shall record a certificate with the County Recorder regarding property to be dedicated in fee for public purposes or for making public improvements or for construction of public facilities, other than for open space, parks or schools. The certificate shall be attached to the final map and shall contain the information specified in California Government Code Section 66477.5.
B. Reconveyance Upon Determination That Need No Longer Exists. If the City has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider specified in subsection (A) of this section or to the subdivider’s successor in interest, except for all or any portion of the property that is required for that same public purpose or for public utilities.
C. Notice to Subdivider Before Disposition of Dedicated Property. If the City decides to vacate, lease, sell or otherwise dispose of the dedicated property, the local agency shall give at least sixty (60) days’ notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated. (Ord. 2023-22 § 843, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)