Chapter 16.20
DEDICATIONS AND RESERVATIONS
Sections:
16.20.020 Streets, alleys and easements.
16.20.010 Purpose.
The purpose of this chapter is to require certain dedications and reservations, consistent with the Subdivision Map Act, necessary to serve the subdivision and ensure compliance to the general plan. (Ord. 05-002 § 1 (part), 2005)
16.20.020 Streets, alleys and easements.
As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements. Improvements shall be in accordance with Chapter 16.22 (Improvements). (Ord. 05-002 § 1 (part), 2005)
16.20.030 Type of dedication.
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 for open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those that 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. (Ord. 05-002 § 1 (part), 2005)
16.20.040 Parklands.
A. General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the city and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the city. The park and recreational facilities for which dedication of land and/or payment fees as required by this article are in accordance with the policies, principles and standards for park and recreational facilities contained in the general plan.
B. Requirements. As a condition of approval of a tentative 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 at the time and according to the standards and formula contained in this article. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.
C. General Standard. It is found and determined that the public interest, convenience, health, safety and welfare require that three acres of property for each one thousand persons residing within the city be devoted to park and recreational purposes.
D. Standards and Formula for Dedication. The amount of land to be provided shall be determined pursuant to the following standards and formula:
1. The park standard for the city is three acres per one thousand residents, or 0.003 acres per resident;
2. The dedication requirement is the sum of the following: 0.003 multiplied by the average number of persons per type of dwelling unit multiplied by the number of dwelling units of that type in the subdivision;
3. Unless there is evidence to the contrary, such as the most recent census data, the following criteria will be used to estimate the number of persons per type of dwelling unit:
|
Type of Dwelling |
Number of Persons |
|
Multiple family |
1.5 per bedroom |
|
Single-family attached |
3.0 per dwelling unit |
|
Single-family detached |
3.5 per dwelling unit |
|
Two-family |
3.0 per dwelling unit |
E. Formula for Fees in Lieu of Land Dedication.
1. General Formula. If there is no park or recreational facility designated in the general plan 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, in the city’s discretion, either dedicate land in the amount provided in subsection D of this section or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.
2. Fees in Lieu of Land—Fifty Parcels or Fewer. Except as provided in subsection F of this section, if the proposed subdivision contains fifty parcels or fewer and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.
3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to subsection J of this section, for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof 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 that the size of their lot bears to the total area of all lots in the subdivision.
F. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than fifty parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty dwelling units, although the actual number of parcels may be fewer than fifty, 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 or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection G of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection G 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 portion shall be dedicated, and a fee, computed according to subsection G 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 according to subsection D of this section. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.
G. Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the land being subdivided and the estimated fair market value of the land that would otherwise be required to be dedicated according to subsection D of this section. The fair market value shall be as determined by the 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. For purposes of determining fair market value pursuant to this subsection, the department and any appraiser shall consider, among other things:
1. Conditions of approval of the tentative map;
2. The general plan and zoning requirements for the area;
3. The location and site characteristics of the property; and
4. Off-site and on-site improvements facilitating use of the property.
H. Determination of Land or Fee. Whether the city accepts land dedication, or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
1. Policies, standards and principles for park and recreation facilities in the 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 general plan; and
6. Availability of previously acquired park property.
The determination by the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.
I. Credit for Improvements and Private 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 section. Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.
J. Procedure.
1. At the time of the approval or conditional approval of the tentative map, the review authority shall determine, after a report and recommendation from the city manager, whether land, in-lieu fees or a combination of land and fees, shall be dedicated and/or paid by the subdivider.
2. The review authority may approve, modify or disapprove the recommendation of the city manager; provided, however, any modification of the proposed recommended condition not previously considered by the city manager shall first be referred back to the city manager for a report and further recommendation. The city manager shall report back to the review authority within thirty days. After the receipt and consideration of the report or after thirty days have passed in the event no report is received, the review authority may adopt the condition.
3. The recommendation of the city manager shall include the following:
a. The amount of land required;
b. That a fee be charged in lieu of land;
c. That a combination of land and a fee be required;
d. The location of the parkland and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and
e. The approximate time when the development of the park or recreation facility shall commence.
4. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city. At the discretion of the city, fees shall be paid prior to issuance of any building permit for any structure in the subdivision.
5. Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map of parcel map.
K. Not Applicable to Certain Subdivisions. The provisions of this section shall not apply to the following:
1. Subdivisions containing four or fewer parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit;
2. Commercial or industrial subdivisions;
3. 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. (Ord. 05-002 § 1 (part), 2005)
16.20.050 Reservations.
A. General. As a condition of approval of a tentative 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 this section.
B. Standards. Where a park, recreational facility, fire station, library or other public use is shown on the general plan or an adopted specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the general plan or the adopted specific 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 infeasible. The reserved area shall be consistent with the general plan or the adopted specific 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.
C. Procedures. 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 the period of time is extended by mutual agreement.
D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation and 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 public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate. (Ord. 05-002 § 1 (part), 2005)
16.20.060 Solar access.
As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the 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 Civil Code Section 801.5. The provisions of this section, however, do not apply to condominium projects that consist of the subdivision of airspace in an existing building where no new structures are added. 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 that may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed. At the time of tentative map approval, the planning commission or subdivision committee, as the case may be, shall specify the following:
A. Definitional Standards. The standards for determining the exact dimensions and locations of such easements;
B. Obstructions. Any restrictions on vegetation, buildings and other objects that would obstruct the passage of sunlight through the easement;
C. Termination. The terms for conditions, if any, under which an easement may be revised or terminated. (Ord. 05-002 § 1 (part), 2005)