A.
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,
including access rights and abutters' rights, drainage, public
greenways, scenic easements, public utility easements, and other public
easements. In addition, the subdivider shall improve or agree to improve
all streets, alleys, including access rights and abutters' rights,
drainage, public utility easements and other public easements.
(Code 1980, § 16.28.010; Ord. No. 28-B, § 1.601, 1981)
This section is enacted pursuant to the authority granted by
the Subdivision Map Act of the state. For the park and recreation
facilities for which dedication of land and/or payment of a fee is
required, see chapter 16.32.
(Code 1980, § 16.28.020; Ord. No. 28-B, § 1.602.1, 1981)
The provisions of this article shall not apply to industrial
subdivisions.
(Code 1980, § 16.28.030; Ord. No. 28-B, § 1.602.2, 1981)
As a condition of approval of a final subdivision map, a subdivider
who develops or completes the development of one or more subdivisions
within an elementary 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.
If such dedication is required, the provisions of Government Code
§ 66478 and this section shall apply thereto.
(Code 1980, § 16.28.040; Ord. No. 28-B, § 1.603.1, 1981)
The requirement of dedication shall be imposed at the time of
approval of the tentative map. If within 30 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 60 days after the filing of the final map on any portion
of the subdivision.
(Code 1980, § 16.28.050; Ord. No. 28-B, § 1.603.2, 1981)
The school district shall, if it accepts the dedication, repay
to the subdivider or his or her 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 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.
(Code 1980, § 16.28.060; Ord. No. 28-B, § 1.603.3, 1981)
The provisions of sections 16.28.040 through 16.28.060 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 maps.
(Code 1980, § 16.28.070; Ord. No. 28-B, § 1.603.4, 1981)
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 article.
(Code 1980, § 16.28.080; Ord. No. 28-B, § 1.604.1, 1981)
Where a park, recreational facility, fire station, library or
other public use is shown on an adopted specific plan or adopted general
plan containing a community facilities element, recreation and parks
element and/or a public building element, the subdivider may be required
by the city to reserve sites as so determined by the city or 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.
(Code 1980, § 16.28.090; Ord. No. 28-B, § 1.604.2, 1981)
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.
(Code 1980, § 16.28.100; Ord. No. 28-B, § 1.604.3, 1981)
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.
(Code 1980, § 16.28.110; Ord. No. 28-B, § 1.604.4, 1981)
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.
(Code 1980, § 16.28.120; Ord. No. 28-B, § 1.604.5, 1981)
A.
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.
B.
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 parcel map.
(Code 1980, § 16.28.130; Ord. No. 28-B, § 1.605, 1981)
If the planning commission requires the subdivider to dedicate
roadways to the public, and if the subdivision contains 200 or more
lots, the advisory agency may also require the subdivider to dedicate
such additional land as may be necessary and feasible to provide bicycle
paths for the use and safety of the residents of the subdivision.
(Code 1980, § 16.28.140; Ord. No. 28-B, § 1.606, 1981)
If the planning commission requires the subdivider to dedicate
roadways to the public, and if the subdivision is situated in a zone
in which horses may be kept, the advisory agency may also require
the subdivider to dedicate such additional land as may be necessary
and feasible to provide equestrian access from the lots in the subdivision
to any existing or master planned equestrian trails.
(Code 1980, § 16.28.150; Ord. No. 28-B, § 1.607, 1981)
The planning commission may require dedications or irrevocable
offers of dedication of land within the subdivision for local transit
facilities, such as bus turnouts, benches, shelters, landing pads
and similar items which directly benefit the residents of the subdivision,
if:
A.
The
subdivision as shown on the tentative tract map has the potential
for 200 dwelling units or more if developed to the maximum capacity
shown on the adopted general plan or contains one hundred acres or
more; and
B.
The
city council has previously found that transit services are, or will
within a reasonable time be available to such subdivision.
(Code 1980, § 16.28.160; Ord. No. 28-B, § 1.608, 1981)
