Note: Former § 10.50.010, Park Land Dedications and Fees, adopted by Ord. 1567, was repealed by Ord. 1724, 12/8/2025. See now Ch. 4.60 of this code.
The city may require the subdivider to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, as follows.
A.
Standards for Reservation of Land.
1.
Location of Land. Where a park, recreational facilities, fire station, library, or other public use is shown in the general plan or applicable specific or precise plan, the subdivider may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.
2.
Configuration. The reserved area shall be of a size and shape that will permit the balance of the property 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 land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection B of this section.
B.
Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the parcel or final map enter into a binding agreement with the subdivider to acquire the reserved area within 2 years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.
C.
Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time the tentative map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.
(Ord. 1567)
A.
Offers of Dedication Required. A subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the city to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.
B.
Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the city's improvement standards.
C.
Rights-of-Way, Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width as determined by the city engineer, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.
D.
Bicycle Paths. Any subdivider who is required to dedicate roadways to the public, may be required to dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision, if necessary to offset impacts otherwise associated with the subdivision.
E.
Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:
F.
Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways or other alternative transportation systems in the general plan, applicable specific or precise plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these alternative transportation systems.
(Ord. 1567)
A.
Dedication Requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the city determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:
B.
Tentative Map Approval. If the school district responds to the referral of the tentative map application with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the city shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act Section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically infeasible, or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.
C.
Timing of Dedication. The required dedication may occur before, concurrently with, or up to 60 days after the recordation of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.
D.
Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within 30 days after the requirement is imposed by the city, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first 400 dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code Section 11525.2.
E.
Reversion of Land, Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted and the school district within 10 years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.
(Ord. 1576)