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Chapter 17.40
DEDICATION AND RESERVATIONS

Sections:

17.40.010    Dedication of rights-of-way and easements.

17.40.020    Park dedication.

17.40.030    School facilities.

17.40.040    Access to public resources.

17.40.050    Other public facilities.

17.40.060    Reservations.

17.40.010 Dedication of rights-of-way and easements.

A. Every street, alley, walkway, drainage channel, reserve strip (or waiver of access rights), easement (including open space or scenic easement and utility easements), and other rights-of-way shown on the final or parcel map intended for public use shall be offered for dedication at the time the final or parcel map is filed. When the city council approves a final map, it shall also accept, accept subject to improvement or reject any offer of dedication. Any dedication which is rejected remains open and may later be accepted by council resolution. (Govt. Code §§ 66475, 66476, 66477.1, 66477.2, 66477.3)

B. When property is dedicated in fee for public purposes, other than for open space, parks or schools, the city shall record with the county recorder a certificate, attached to the map, which contains:

1. The name and address of the subdivider;

2. A legal description of the dedicated property; and

3. A statement that the city shall reconvey the property if the city determines that the public purpose or the need for the property no longer exists. (Govt. Code § 66477.5)

C. The subdivider shall provide rights-of-way and easements for all on-site and off-site streets, utilities, sidewalks and appurtenant landscaping. The subdivider shall pay all acquisition costs.

D. If any off-site rights-of-way or easements are required:

1. The subdivider shall enter into an agreement which specifies how and when the necessary title to an interest in the land shall be acquired. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the city.

2. Before city council approval of the final map, one of the following must have occurred:

a. The city has received signed deeds for all off-site rights-of-way and easements; or

b. The subdivider has executed an agreement with the city for real property acquisition and deposited the estimated acquisition costs into a city trust account, and the subdivider has formally requested and the city council has approved a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements. (Ord. 752 § 32-8.1, 2000; 1991 code § 32-8.1)

17.40.020 Park dedication.

A. Authority. This section is enacted under Government Code section 66477. The park and recreation facilities for which dedication of land or payment of fees is required by this section are in accordance with the city’s general plan. The general plan contains the principles and standards for community and neighborhood park facilities.

B. Requirements. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes. The dedication or payment, or both, shall be at the time and according to the standards and formula contained in this section.

C. General standard. The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide three acres of park area per 1,000 persons residing within a subdivision. (Govt. Code § 66477(a)(2))

D. Use of land and fees. The land and fees shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. (Govt. Code § 66477(a)(3))

E. Standards and formula for dedication of land. Where a park or recreational facility has been designated in the city’s general plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Amount of land =	Average number of persons per dwelling unit (DU)	x	1,000 population
			park acreage standard (3 acres)

The following shows how the above formula applies to various types of dwelling units:

Dwelling Unit Category	Average Number of Persons Per DU	Average Acreage Requirement per DU
Single-family detached	2.76	361 sq. ft. (.0083 ac)
Single-family attached, or townhouse	2.10	274 sq. ft. (.0063 ac)
Multiple-family, duplex or condominium	1.70	222 sq. ft. (.0051 ac)

F. Formula for fees in lieu of land dedication.

1. General formula. If there is no park or recreational facility designated in the city’s general plan to be located in whole or in part within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection E of this section and in an amount determined in accordance with the provisions of subsection F.2 of this section.

2. Amount of fee. When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the land being subdivided or the value of the land which would otherwise be required to be dedicated according to subsection E of this section.

The fair market value shall be determined by the public works and community development department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

3. Fees in lieu of land dedication – 50 parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider may be required only to pay a fee, and that fee is equal to the land value as prescribed in subsection E of this section. The amount is determined in accordance with subsection F.2 of this section. (Govt. Code § 66477(a)(7))

4. Use of money. The money collected under this chapter shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Pleasant Hill Recreation and Park District deems that there is sufficient land available for the subdivision, for improving such land for park and recreational purposes.

The city shall deposit the funds in a separate account and shall account for the funds as specified in Government Code section 66006.

The district and city shall develop a schedule specifying how, when and where it will use the land or fees. Based on the schedule, and the district’s request for funds to begin a specific project, the city shall transfer funds to the district. The money shall be committed within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then-record owners of the subdivision in the same proportion the size of their lots bears to the total area of all lots in the subdivision. (Govt. Code § 66477(a)(6))

G. Criteria for requiring both dedication and fee. In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed under subsection F.2 of this section shall be paid for any additional land that would have been required to be dedicated (under subsection E of this section).

2. When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed under subsection F.2 of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated (under subsection E of this section).

H. Determination of land or fee. Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The principles and standards for community and neighborhood park facilities found in the city’s general plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

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

4. Feasibility of dedication;

5. Compatibility of dedication with the city’s general plan; and

6. Availability of previously acquired park property.

I. Credit for improvements to dedicated open space. 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 chapter. The credit shall be determined by the zoning administrator. (Govt. Code § 66477(a)(9))

J. Credit for private recreation or open space. In common interest developments, as defined in Civil Code section 1351, the subdivider is eligible to receive a credit, as determined by the planning commission, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses.

K. Procedure. Before the approval of the tentative subdivision or parcel map, the zoning administrator shall notify the Pleasant Hill Recreation and Park District of the pending application and provide the district the opportunity to recommend whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees.

At the time of the filing of the final or parcel map, the subdivider shall dedicate the land or, by the time of certificate of occupancy, pay the fees as determined by the city. Open space covenants for private park or recreational facilities shall be submitted to the city before approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map. (Govt. Code § 66477(c))

L. Review and appeals. Recommendations of the Pleasant Hill Recreation and Park District and the public works and community development department shall be forwarded to the appropriate review body. All appeals shall be as set forth in PHMC Chapter 18.130.

M. Exemptions. This chapter does not apply to commercial or industrial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Govt. Code § 66477(d)) (Amended during 2005 recodification; Ord. 752 § 32-8.2, 2000; 1991 code § 32-8.2)

17.40.030 School facilities.

A. Fee or dedication. If the Mt. Diablo Unified School District has levied a fee or other requirement on development, the subdivider shall present to the city a developer fee certificate from the district before a building permit is issued. (Govt. Code §§ 53080, 65995)

B. Elementary school site. The city may require a subdivider to dedicate to the Mt. Diablo Unified School District land sufficient to construct such elementary schools as are necessary to assure adequate public school service to the residents of the subdivision. The requirement is terminated if the Mt. Diablo Unified School District does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in conformance with Government Code section 66478. (Govt. Code § 66413.7) (Ord. 752 § 32-8.3, 2000; 1991 code § 32-8.3)

17.40.040 Access to public resources.

The city may not approve a tentative or final map if the proposed subdivision fronts upon a public waterway, river, stream, bay shoreline, or publicly owned lake or reservoir unless the subdivision provides reasonable public access from a public street to that portion of the bank or shoreline bordering or lying within the subdivision. (Govt. Code §§ 66478.4, 66478.11, 66478.12) (Ord. 752 § 32-8.4, 2000; 1991 code § 32-8.4)

17.40.050 Other public facilities.

As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art, or any other public facilities pursuant to, and in order to implement, the provisions of the general plan regarding such facilities when and if such dedications and fees are adopted by the city. (Ord. 752 § 32-8.5, 2000; 1991 code § 32-8.5)

17.40.060 Reservations.

A. General. Where a park, recreational facility, fire station, library, or other public use is shown on the general plan or specific plan, and the plan contains policies and standards for those uses, the city may require a subdivider to reserve sites for those uses, as a condition of approval of a tentative map. (Govt. Code § 66479)

B. Limitations. The reserved area must be of such a size and shape as to permit (1) the balance of the property to develop in an orderly and efficient manner, and (2) the reserved area to be efficiently used or divided if it is not acquired by a public agency. The amount of land reserved may not render development of the remaining land economically unfeasible.

C. Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement to acquire the area within two years, or longer by mutual agreement. (Govt. Code §§ 66480, 66481) (Ord. 752 § 32-8.6, 2000; 1991 code § 32-8.6)