Chapter 16.16
DEDICATIONS AND RESERVATIONS
Sections:
16.16.010 Dedication of streets, alleys and other public rights-of-way or easements.
16.16.020 Parkland dedication.
16.16.030 Reservations – Generally.
16.16.040 Reservations – Standards for reservation of land.
16.16.050 Reservations – Procedure and payment.
16.16.060 Reservations – Termination.
16.16.070 Dedication procedure.
16.16.080 Acceptance procedure.
16.16.090 Title company report and guarantee.
16.16.110 Relinquishment of dedicated open space, etc.
16.16.010 Dedication of streets, alleys and other public rights-of-way or easements.
A. As a condition of approval of any tentative map or boundary adjustment, the subdivider shall be required to dedicate or make an irrevocable offer to dedicate real property within the subdivision for streets, alleys, drainage and water easements, public utility easements and other public easements including, but not limited to easements for recreation trails, equestrian trails, open space and sewers.
B. Dedications or offers of dedication of streets and highways may include a requirement that direct access rights and abutters’ rights to such street or highway be waived from any property shown on the final subdivision or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall thereupon become effective.
C. Dedication or offer of dedication may also be required for bicycle paths and land for local transmit facilities such as bus turnouts, benches, shelters, landing pads and similar items, subject to the provisions of Sections 66475.1 and 66475.2 of the Subdivision Map Act. (Ord. 80 § 1, 1982; CC § 81.601)
16.16.020 Parkland dedication.
Parkland dedication shall be provided by separate ordinance as set out in Chapter 16.38 PMC. (Ord. 80 § 1, 1982; CC § 81.602)
16.16.030 Reservations – Generally.
As a condition of approval of a 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 and formula contained in PMC 16.16.040 through 16.16.060. (Ord. 80 § 1, 1982; CC § 81.603.1)
16.16.040 Reservations – Standards for reservation of land.
Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan or any element thereof, the subdivider may be required by the City to reserve sites as so determined by the City or the County in accordance with the definite principles and standards contained in the above specific plan or general plan. 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 adopted specific plan or general 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; in such an event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. (Ord. 80 § 1, 1982; CC § 81.603.2)
16.16.050 Reservations – Procedure and payment.
A. The public agency for whose benefit an area has been reserved shall, at the time of approval 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 such period of time is extended by mutual agreement.
B. The purchase price shall be the market value thereof at the time of the filing of the tentative 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. (Ord. 80 § 1, 1982; CC § 81.603.3)
16.16.060 Reservations – Termination.
If the public agency for whose benefit an area has been reserved does not enter into a binding agreement within the time limit specified in this chapter, the reservation for such area shall automatically terminate. (Ord. 80 § 1, 1982; CC § 81.603.4)
16.16.070 Dedication procedure.
Pursuant to Section 66447 of the Subdivision Map Act, all dedications or offers of dedication required by the provisions of this division shall be made as follows:
A. All dedications or offers of dedication within the boundary of the subdivision or parcel map shall be made by certificate on the map. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purposes for which the dedication or offer of dedication is required.
B. All dedications or offers of dedication lying outside the boundary of the subdivision map or parcel map or required of a boundary adjustment, shall be made by separate instrument and shall be recorded prior to or concurrently with the filing of the final parcel map or subdivision map or boundary adjustment. Such dedications or offers of dedication shall be signed and acknowledged by the same parties and in the same manner as set forth in Sections 66436, 66439 and 66447 of the Subdivision Map Act. An irrevocable offer of dedication shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and except as provided in subsection (b) of Section 66477.2 of the Map Act, shall continue, until the City Council accepts such offer or it is vacated pursuant to the provisions of said Section 66477.2. Any such dedication or offer of dedication shall be free of any burden or encumbrances which would interfere with the purposes for which the dedication or offer of dedication is required. The subdivider shall provide a current preliminary title report, including an appropriate plat, satisfactory to the City Engineer.
C. Easements for public utilities or other public agencies may be dedicated to and accepted by a public utility or agency by certificate on the final map.
D. The provisions of subsection A of this section notwithstanding dedications or offers of dedication within the boundary of a parcel map may be made by separate instrument if the City Engineer determines that the use of separate instruments is appropriate. In such cases the provisions of subsection B of this section shall apply.
E. When no final parcel map is required, all dedications or offers of dedication shall comply with the provisions of subsection B of this section. (Ord. 80 § 1, 1982; CC § 81.604)
16.16.080 Acceptance procedure.
A. The final map shall contain a certificate for execution by the Mayor or other City officer so designated by the City Council to act on its behalf, stating that the Mayor or other designated officer acting on behalf of the City Council has accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property or property interest offered for dedication for public use, including, but not limited to, real property, rights-of-way, and easements for park, road, street, alley, path, water, sewer, drainage, flowage, equestrian, recreation, open space, or other public purposes.
B. If at the time the final map is recorded, any offer of real property, right-of-way, easement, or any other offer of dedication is rejected, the offer of dedication shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind the action and accept the real property, right-of-way, or easement, or any portion thereof, and open the roads, streets, alleys, easements or other offers of the County Recorder, as set forth in Sections 66463, 66477.1, 66477.2 and 66477.3 of the Government Code. (Ord. 80 § 1, 1982; CC § 81.604.1)
16.16.090 Title company report and guarantee.
A. To expedite the verification of ownership and survey procedure by the City Engineer, a current title report or parcel map report, including an appropriate plat from a qualified title insurance company, which shall include all appurtenant access easements, shall accompany each final map when it is initially submitted for the City Engineer’s approval. When the City Engineer is satisfied that the boundary and survey procedure is technically correct as shown on the map and prior to approval of the final map, a map guarantee from a qualified title insurance company shall be filed with the City Engineer, which shall include a legal description of the property which agrees with the final map.
B. The map guarantee shall ensure that the parties named therein are the only parties having any record title interest in the land subdivided and that all record easements upon the property are included therein. Said easements will be shown on the final map as directed by the City Engineer.
C. Prior to the date the approved final map will be transmitted to the County Recorder, a letter from the title company shall be presented to the City Engineer stating that according to the records in the office of the County Recorder at the time of filing of the final map in said office, the parties consenting to such filing are all of the parties having a record title interest in the land being subdivided whose signatures are required by Division 2 of Title 7 of the State Government Code and any City code enacted pursuant thereto. (Ord. 80 § 1, 1982; CC § 81.604.2)
16.16.100 Certificates.
All certificates required on the final subdivision or parcel map shall be in a form and content as specified by resolution of the City Council. Such certificates shall include those required for execution by the owners of record, the subdivider, City Clerk, City Engineer, County Recorder, County Engineer, Director of Development Services, and the engineer or surveyor who prepared the map. Other certificates and acknowledgements may be required as specified by Council resolution. (Ord. 518, 1999; Ord. 80 § 1, 1982; CC § 81.604.3)
16.16.110 Relinquishment of dedicated open space, etc.
A. No easement or fee interest in real property dedicated or offered for dedication to the City for open space, trail or other public recreation purpose shall be vacated, relinquished, abandoned, released, sold, encumbered, or otherwise transferred or conveyed free of such limitation except by ordinance approved by a four-fifths vote of the City Council with the following findings:
1. The purpose of the release or transfer is to permit the property to be used for a valid public purpose, including, but not limited to, public streets or drainage facilities; or
2. The property is being exchanged for property of equal or greater size and quality for open space, trail or other public recreation use, and is being transferred to the City concurrent with the transfer of the subject property.
B. Any ordinance adopted by the City Council purporting to amend or repeal the ordinance codified in this section or purporting to vacate, relinquish, abandon, release, sell, encumber, or otherwise transfer or convey an easement or fee interest in real property dedicated or offered for dedication to the City for open space, trail or other public recreation purpose without a municipal election shall be a legislative act subject to referendum and shall be subject to judicial review by writ of mandate.
C. This section shall apply to all easement or fee interest in real property held or owned by the City for open space, trail or other public recreation purpose whether such interest was acquired by the City through the subdivision process or otherwise.
D. The City Manager is authorized to prepare and record in the record title of open space dedicated or offered for dedication to the City a declaration of restrictions identifying the limitations placed by this section upon the transfer or relinquishment of such open space.
E. In the event that any portion of this PMC 16.16.110 is declared by a court of competent jurisdiction to be invalid, such portion shall be severable from all other portions of this section. Those portions not declared invalid shall remain in full force and effect. (Ord. 189 § 1, 1986)