Chapter 23.28
DEDICATIONS – ACCESS TO PUBLIC RESOURCES – RESERVATIONS
Sections:
23.28.020 Park land and open space dedication – General.
23.28.020.2 Dedication and fee schedule.
23.28.020.4 Maintenance and improvement.
23.28.025 Inclusionary requirement.
23.28.026 Operative date for inclusionary requirement.
23.28.030 School site dedication – General.
23.28.030.2 Payments to subdivider.
23.28.050 Reservations – General.
23.28.050.3 Payment to subdivider.
23.28.010 DEDICATION.
As a condition of approval of a final map or parcel 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, alleys, and including access rights and abutters’ rights, drainage, public greenways, scenic easements, public utility easements, coastal access easement or dedicator, and other public easements or rights-of-way. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. Improvements shall be in accordance with Chapter 23.24 of this title.
(Ord. 82-19 § 1, 1982; Ord. 80-42 (part), 1981).
23.28.020 PARK LAND AND OPEN SPACE DEDICATION – GENERAL.
This section is enacted pursuant to the authority granted by the California Subdivision Map Act. The park and recreational facilities, for which dedication of land and/or payment of a fee is required by this title, are in accordance with the Parks and Recreation Element of the General Plan, adopted by the city on October 27, 1992 and the Local Coastal Plan for the city of Santa Cruz, certified by the California Coastal Commission on May 7, 1985.
(Ord. 94-07 § 1, 1994: Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.020.1 PARK LAND AND OPEN SPACE DEDICATION – 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, at the time and according to the standards and formula contained in this title. The land, fees, or combinations thereof, are to be used only for the purpose of providing park or recreational facilities to serve the subdivision. Usable open space shall be composed of land that offers natural advantages for the type of facilities to serve the subdivision. Usable open space shall be composed of land that offers natural advantages for the type of facilities proposed to serve the area. Except in the case of condominium conversions, which shall be exempt from dedication requirements, the subdivider shall provide one of the following:
(a) Dedication of all lands to be provided for usable open space.
(b) The dedication of any portion of proposed usable open space lying within the boundaries of the subdivision, plus a fee to fulfill the requirements of this title as herein described.
(c) A fee in lieu of such dedication shall be required, when no portion of the proposed usable open space is planned to be located within the limits of the subdivision.
(d) Only the payment of a fee may be required in the case of a subdivision of fifty or fewer parcels.
(e) The reservation of permanently maintained private usable open spaces which meet the requirements of this title.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.020.2 PARK LAND AND OPEN SPACE DEDICATION – DEDICATION AND FEE SCHEDULE.
The subdivider shall dedicate usable open space, pay a fee in lieu thereof, or both, as specified by the city in conformance with the General Plan:
(a) Land dedication shall be based on two acres/1000 population for neighborhoods and 2.5 acres/1000 population for community parks;
(b) The in-lieu fee shall be $3.00/square foot for each residential dwelling unit to be constructed in the subdivision. The in-lieu fee may be paid prior to recordation of the parcel map. Where the residential dwelling unit square footage is not specified as part of the plans for the project, the subdivider shall pay a fee of $4,780.00 per residential lot. Payment shall be at the time of the filing of the final subdivision or parcel map. As used herein, the term “residential dwelling unit” shall have the definition given that term at Section 5.72.030 of this code. Alternatively, the per-square-foot fee may be paid at the time of building permit issuance.
(c) Any fee in lieu of dedication of usable open space collected by the city shall be credited to a separate fund. The disbursement of said monies shall be specifically confined and limited to the benefit of the subdivision for which said fee was paid.
(Ord. 94-07 § 2, 1994: Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.020.3 PARK LAND AND OPEN SPACE DEDICATION – NATURAL AREAS.
Natural ravines and natural waterways or other natural areas within the boundaries of a subdivision shall be reserved for public purposes, such as recreation, stormwater disposal, etc., as provided by the General Plan and Coastal Land Use Plan through dedications or easements for public use. The city council, upon the recommendation of the zoning board, shall determine in each instance whether such reservations shall satisfy the dedication requirements of this title for usable open space or shall be in addition to, or part of, such requirements.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.020.4 PARK LAND AND OPEN SPACE DEDICATION – MAINTENANCE AND IMPROVEMENT.
On or before the city council improvement-acceptance date, the city shall establish a program of permanent maintenance of usable open space lands dedicated under the provisions of this title. At the time the final map is approved, the city council shall designate the date when the development of the usable open space facilities shall be commenced and completed.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.025 INCLUSIONARY REQUIREMENT.
1. Every proposed subdivision in which the development potential of the site is two or more new parcels shall provide housing units for lower and/or median-income households, and/or dedicate lots and/or provide payment of an in-lieu fee to the city for the benefit of the lower median-income housing program as required in Part 1, Inclusionary Housing Requirements, of Chapter 24.16 of the Municipal Code and the affordable housing guidelines adopted by council resolution.
2. If an existing dwelling unit is retained on one of the parcels resulting from a subdivision, then that parcel would not be counted as a new parcel for the purposes of this section.
3. The city council, in its sole discretion, may defer the inclusionary requirement of this section until such time as the housing development application for the newly created parcel or parcels is submitted to the city for consideration, at which time inclusionary housing requirements in accordance with Chapter 24.16 of the Municipal Code will be imposed as a condition of application approval.
(Ord. 2008-13 § 1, 2008: Ord. 2006-16 § 4, 2006: Ord. 85-45 § 1 (part, 1985: Ord. 83-01 § 1, 1983: Ord. 81-42 § 1, 1981).
23.28.026 OPERATIVE DATE FOR INCLUSIONARY REQUIREMENT.
Section 23.28.025 shall apply to all subdivisions filed with the department of planning and community development after June 13, 1985. For all projects filed prior to June 13, 1985, the fifteen-percent inclusionary unit, lot, or in-lieu fee requirement shall apply to all subdivisions with a development potential of ten or more units.
(Ord. 85-54 § 1, 1985: Ord. 85-45 § 1 (part), 1985).
23.28.030 SCHOOL SITE DEDICATION – GENERAL.
As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service, in accordance with the provisions of Section 66478 of the Map Act.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.030.1 SCHOOL SITE DEDICATION – PROCEDURE.
The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.030.2 SCHOOL SITE DEDICATION – PAYMENTS TO SUBDIVIDER.
The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
(a) The cost of any improvements to the dedicated land since its acquisition by the subdivider.
(b) The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication.
(c) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.030.3 SCHOOL SITE DEDICATION – EXEMPTIONS.
The provisions of Section 23.28.030 shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.
(Ord. 82-19 § 1 (part), 1982; Ord. 81-27 § 5, 1981; Ord. 80-42 (part), 1981).
23.28.040 PUBLIC ACCESS.
Pursuant to, and in accordance with, the provisions of Article 3.5 of the Subdivision Map Act, the General Plan, and Coastal Land Use Plan, the city shall increase public access to the public natural resources in conjunction with the review of subdivisions of land. The city council shall not approve either a tentative or a final map of any proposed subdivision which does not provide reasonable access to and public easement for, use of streams, waterways, rivers, coastlines, shorelines, lakes, and reservoirs and provided in the Map Act as cited herein.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.050 RESERVATIONS – GENERAL.
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 this chapter.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.050.1 RESERVATIONS – STANDARDS.
Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or an adopted general plan containing a community facilities element, a recreation and park element, and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city, in accordance with the definite principles and standards contained in the foregoing specific plan or general plan.
(a) The reserved area must be of such size and shape as to permit the remainder of the property within which the reservation is located to develop in an orderly and efficient manner.
(b) The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible.
(c) 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.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.050.2 RESERVATIONS – PROCEDURE.
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.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.050.3 RESERVATIONS – PAYMENT TO SUBDIVIDER.
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. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.050.4 RESERVATIONS – TERMINATION.
If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).
23.28.060 WAIVER OF ACCESS.
The city may require, as a condition of approval of any subdivision, the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owner’s certificate of the final map or the parcel map.
(Ord. 82-19 § 1 (part), 1982; Ord. 80-42 (part), 1981).