Whenever a subdivider is required pursuant to Map Act Section 66475 to dedicate roadways to the public, he/she shall also be required to dedicate additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision contains two hundred or more parcels, pursuant to Map Act Section 66475.1.
(Ord. 469 § 1, 1990)
The purpose of this chapter is to provide for improvement or the payment of fees to defray the actual or estimated cost of the construction of bridges over waterways, railways, freeways and canyons and/or major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit, pursuant to Map Act Sections 66484 and 66489, consistent with the circulation element of the general plan.
A. 
Definitions. The following definitions apply specifically to this chapter:
"Area of benefit"
means a specified area for which it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare.
"Bridge facilities"
means those situations identified in the circulation element requiring construction of, or addition to, a bridge spanning a waterway, railway, freeway or canyon or that is part of a major thoroughfare.
"Construction"
means design, acquisition of right-of-way, administration of construction contracts, actual construction and inspection(s).
"Major thoroughfare"
means a roadway designated as arterial, major or secondary highway, as identified in the circulation element, whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
"Transportation uniform mitigation fee (TUMF)"
means the regional transportation fee established to fund the improvement of roadways necessary to mitigate the traffic generated by the development of property in the Coachella Valley to the year 2010.
B. 
Establishment Procedures. Action to establish an area of benefit requiring the payment of fees outlined in this section shall be accomplished, pursuant to the provisions of Map Act Section 66484.
C. 
Amendments. Resolutions establishing areas of benefit may be amended by the council to reflect modifications in either bridge and/or major thoroughfare facilities. These amendments shall be adopted in the same manner as the original resolution.
D. 
Payment of Fees. Fees required pursuant to this section shall be paid prior to the recordation of a final or parcel map. These fees shall be based on the city's "schedule of fees" in effect on the date of payment.
E. 
In Lieu Consideration. The council may approve the acceptance of consideration in lieu of payment of fees outlined in this section.
F. 
Reimbursement. If a subdivider, as a condition of approval of a tentative map, is required or desires to construct a bridge and/or major thoroughfare, to an extent beyond that which is directly attributable to the subdivision, the council within its sole discretion may enter into a reimbursement agreement with the subdivider, to provide for payments to the subdivider from the applicable fund. Such reimbursement shall be limited to the extent that the subdivider constructed the improvement beyond that which is needed to accommodate the direct needs and impacts of the subdivision.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, 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 abutter's rights, drainage, public open space, trails, scenic easements, public utility easements and other public easements, pursuant to Map Act Section 66475. In addition, the subdivider shall improve or agree to improve all the aforementioned dedications and easements.
(Ord. 469 § 1, 1990)
All dedications of property to the city for public purposes shall be made in fee title, except that, at the city's discretion, a grant of an easement may be accepted for open space, scenic, trails and/or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city finds would not conflict with the intended use. The city may accept an irrevocable offer of dedication in lieu of dedication.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, may be required to dedicate, pay fees or make any irrevocable offer of dedication, of land within the subdivision for local transit facilities (e.g., shelters, bus turnouts, etc.), pursuant to Map Act Section 66475.2.
(Ord. 469 § 1, 1990)
A. 
General. The purpose of this section is to provide additional park and recreational facilities and open space. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in compliance with the policies, goals and standards contained in the parks and recreation element of the general plan.
B. 
Requirements. The subdivider, as a condition of approval of a tentative map, shall dedicate land, pay a fee in lieu, or both, at the discretion of the planning commission for park and/or recreational purposes. The specific condition requiring dedication and/or payment of fee shall state the time at which the subdivider shall transfer title and/or pay the applicable fees.
C. 
Park Area Standard. It is found and determined that the public interest, convenience, health, safety and welfare require that three acres of land for each one thousand persons residing within the city be devoted to park and recreational purposes. Lands held as public open space, for wildlife habitat, shall not be included in this formula.
D. 
Formula and Standards for Park Land Dedication.
1. 
In determining the amount of land to be dedicated or fees in lieu, the average number of persons per household by unit type, shall be determined from the most recent available federal census date.
2. 
The number of proposed dwelling units shall be calculated as follows:
a. 
For single-family or mobilehomes the number of dwelling units shall equal the number of parcels shown on the tentative map or lots indicated on the approved development plan.
b. 
For multifamily developments the number of dwelling units shall equal the maximum number of units permitted by the general plan and Title 17 and/or as indicated on the approved development plan.
E. 
General Plan.
1. 
Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined pursuant to subsection D of this section.
2. 
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 needs of the residents of that subdivision, the subdivider shall, pursuant to planning commission determination, dedicate land or pay a fee in lieu of dedication in compliance with subsection D of this section.
3. 
All lands to be dedicated for park and/or recreational purposes shall be found suitable by the planning commission for park land use (e.g., location, size, topography, environmental characteristics, etc.).
F. 
Determination of Land or Fee. The planning commission shall consider the following when evaluating the acceptance of land for dedication or payment in lieu, or a combination of land for dedication or payment in lieu, or a combination of both:
1. 
Parks and recreation element, and any other applicable provision of the general plan;
2. 
Topography, geology, access and location of land in the subdivision suitable for dedication;
3. 
Size and shape of the subdivision and land suitable for dedication;
4. 
Feasibility of dedication; and
5. 
Availability of previously acquired private property.
G. 
In-Lieu Fees. The community development director may allow the subdivider to pay a fee equal to the land value of that portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision, pursuant to subsection D of this section in lieu of land dedication. The community development director may annually adjust the land value basis for in-lieu fees using actual sales of vacant property for the preceding five years.
H. 
Commitment of Funds. The money collected for the purpose of acquisitions, developing new or rehabilitating existing park, or recreational facilities related to serving the subdivision shall be committed pursuant to Map Act Section 66477(f) within five years after payment of the fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
I. 
Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given against the requirement of land dedication or payment of fees in lieu thereof if the council finds that it is in the public interest to do so and that all of the following standards are met:
1. 
The yards, court areas, setbacks and other open areas required to be maintained shall not be included in the computation of the private open spaces;
2. 
The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;
3. 
The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;
4. 
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
5. 
The facilities proposed for open space are in substantial compliance with the provisions of the parks and recreation element of the general plan;
6. 
That the minimum open space for which credit is given shall be based on the following standards:
 
Acres
1.
Children's play apparatus areas
.50 to .75
2.
Family picnic area
.25 to .75
3.
Game court area
.25 to .50
4.
Turf playfield
1.00 to 3.00
7. 
Park facilities eligible to receive credits shall be limited to those normally provided as part of local or community parks and should meet minimum city development standards;
8. 
Facilities for which credit is given shall not exceed that which is needed by the development being served unless it is easily available to the general public, in which case credit shall be limited to identified park deficiencies for the general public;
9. 
Credit shall be considered by the community development director upon a written request and justification submitted by the subdivision. Based upon the city's general plan parks and recreation element standards and adopted park needs analysis and criteria contained herein, the director shall review the request and recommend to council the amount of credit, if any.
Before credit is given, the council shall adopt written findings that the standards in this subsection are met.
J. 
Subdivisions Not Within City Limits. When the proposed subdivision lies within the sphere of influence of the city, and the subdivider intends to annex, the subdivider shall dedicate land, pay a fee in lieu thereof, or both in compliance with adopted park and recreational principles and standards of the city's general plan, and pursuant to the provisions of this section.
(Ord. 469 § 1, 1990; Ord. 499 § 2, 1991; Ord. 645 § 3 Exh. C, 1996; Ord. 652 § 3 Exh. C, 1996; Ord. 656 § 1 Exh. A, 1996)
The subdivider, as a condition of approval of a tentative map, may be required to reserve areas of real property for parks, recreational facilities, fire stations, libraries or other public uses, pursuant to the requirements of Map Act Sections 66479 and 66480.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, may be required to dedicate real property for the construction of an elementary school to assure the residents of the subdivision adequate public school service. The dedication and subsequent repayment to the subdivider shall comply with the provisions of Map Act Section 66478.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, shall 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 Section 801.5 of the State Civil Code, and pursuant to Map Act Section 66475.3. At the time of tentative map approval, the council shall impose conditions which specify the following:
A. 
Standards for determining the exact dimensions and locations of the easements;
B. 
Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement; and
C. 
Any terms or conditions under which an easement may be revised or terminated.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map, may be required to install improvements of a supplemental size, capacity, number or length for the benefit of property not within the subdivision and that the improvements be dedicated to the public, pursuant to Map Act Section 66485. The city when imposing this section shall agree to reimburse the subdivider for oversizing, pursuant to Map Act Sections 66486 and 66487.
(Ord. 469 § 1, 1990)
The city shall require as a condition of approval of a tentative map dedication of streets designated as arterial highways, including waiver of direct access rights, except at approved access points. The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any street from any property within or abutting the subdivision. The waiver shall become effective upon acceptance of the dedication, pursuant to Map Act Section 66476.
(Ord. 469 § 1, 1990)
Residential projects resulting in the creation of any number of additional residential lots shall form or join a community facilities district for the purpose of defraying the costs of providing municipal services to the subdivision on an annual basis.
(Ord. 469 § 1, 1990; Ord. 1074 § 2, 2013)