As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following:
A. 
All land within the subdivision needed for streets including access rights and abutter's rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements.
B. 
All land within the subdivision needed for local transit facilities such as bus turnouts, benches, shelters, and similar items which directly benefit the residents of a subdivision if:
1. 
The subdivision as shown on the tentative map has potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more, and
2. 
The city finds that transit services are, or will within a reasonable time period, be made available to such subdivision.
C. 
When General Plan implementation would require the development of a bikeway, equestrian, hiking or other recreational trails and paths in the subdivision such land as is necessary and feasible to provide for such trails and paths.
Applications for building permits shall also be subject to street dedication requirements.
(Ord. 214 § 1, 2012.)
The city may require as a condition of subdivision approval the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon.
(Ord. 214 § 1, 2012.)
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. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which 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. All dedications shall be made at the time of filing the final or parcel map, unless an agreement is in place for phased dedication with subsequent final and/or parcel maps.
(Ord. 214 § 1, 2012.)
The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in accordance with the General Plan Open Space and Conservation Elements, adopted in January 1995 and any amendments thereto. On the tentative and final maps or parcel maps submitted by the developer, the necessary lands shall be offered for dedication to the city at the time of filing the final map or parcel map or a cash payment in lieu of land for such facilities shall be made, at the option of the city, in accordance with the following provisions:
A. 
If the proposed subdivision or division of land area contains 50 parcels or less, the subdivider shall be required to make a cash payment equivalent to the land value of the portion of the neighborhood or community park required to serve the residents of the proposed subdivision or division of land.
B. 
The amount of land to be dedicated shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of persons per unit by the number of parkland acres required for each 1,000 persons. The number of parkland acres required per 1,000 persons is three acres. The average number of persons per household shall be the most recent average established by the State Department of Finance.
Avg. # persons/households x # units in project x 3 acres
1,000
C. 
Whenever land is dedicated pursuant to this section, the subdivider shall provide the following for the benefit of the land dedicated:
1. 
Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation or undergrounding of existing public utility facilities, storm drainage, sewage, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;
2. 
If needed, block wall fencing along the property lines of the subdivision which are contiguous to the park;
3. 
Improved drainage throughout the park site;
4. 
Minimal physical improvements, not including recreational facilities, building or equipment, which the planning commission determines are necessary for acceptance of the land for park and recreational purposes;
5. 
Access from the park and recreational facilities to an existing or proposed public street, unless the city council determines that such access is unnecessary for maintenance of the park areas or use of the park by the residents of the area; and
6. 
Grading and drainage improvements, and irrigation and planting improvements as required under applicable city ordinances. All land to be dedicated and improvements to be made shall be approved by the city prior to the approval or disapproval of a subdivision by the city.
D. 
All grading plans for land to be dedicated shall be reviewed and approved by the city council for conformance with the city parks and recreation plan and city needs.
E. 
No grading, drainage, irrigation, planting, street or utility improvements required by this title shall be eligible for a parkland dedication credit. However, park and recreation (ballfields, playground equipment) improvements to dedicated park land shall be credited against the required dedication.
(Ord. 214 § 1, 2012.)
A park dedication or in-lieu fee requirement is imposed on the developer of property to be used for the placement of mobile home(s), as certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. Unless otherwise specifically set forth herein, the dedication standard and/or amount of the fee for each mobile home as well as the administration procedure for the requirement shall be as set forth in this title.
(Ord. 214 § 1, 2012.)
As a condition of approval of a tentative map or tentative parcel map, there may be imposed, in accordance with the provisions of Map Act Section 66475.3, 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 California Civil Code Section 801.5. In establishing such easements, consideration shall be given to feasibility, land contour, parcel configuration and cost.
Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map or tentative parcel map is filed. At the time of tentative map or tentative parcel map approval, the city council shall specify the following:
A. 
The standards for determining the exact dimensions and locations of such easements.
B. 
Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.
C. 
The terms for conditions, if any, under which an easement may be revised or terminated.
The foregoing provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.
(Ord. 214 § 1, 2012.)
A. 
As a condition of tentative map or tentative parcel map approval, the city council may require the subdivider to 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. 
Where a park, recreational facility, fire station, library, or other public use is shown on any applicable specific plan or the General Plan the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the principles and standards contained in the plans or implementing laws. 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 plans 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. 
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final 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.
D. 
The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel 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.
E. 
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. 214 § 1, 2012.)
The city may assess and collect fees as a condition of parcel or final map approval or as a condition of issuing a building permit for the purposes of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Map Act Section 66484.
(Ord. 214 § 1, 2012.)
A. 
As a condition of tentative map or a tentative parcel map approval, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the city shall, subject to the provisions of Map Act Sections 66486 and 66487, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
B. 
The council shall determine the method for payment of the costs required by a reimbursement agreement, which may include, but shall not be limited to, the following:
1. 
The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.
2. 
The contribution to the subdivider of that part of the improvement cost attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the city for such costs, together with interest thereon, if any, paid to the subdivider.
3. 
The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.
C. 
No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the council and the council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
D. 
In addition to the notice required by this title, written notice of hearing shall be given to those who own property within the proposed area of benefit (at least 300 feet from the subdivision boundaries) as shown on the last equalized assessment roll, and the potential users of the supplemental improvements as ascertained at the time. Such notices shall be mailed by the city clerk at least 10 days prior to the established hearing date.
(Ord. 214 § 1, 2012.)
The city may require a subdivider to dedicate land or pay fees instead, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding directly attributable to proposed new residential development, in conformance with Government Code Sections 65970 through 65980.
(Ord. 214 § 1, 2012.)