(Legislative History: Ordinance No. 2000-08, 6/5/00 (Sections 7-1-815, 7-1-820); Ord. No. 2025-012, 9/2/2025 (Section 7-1-815))
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 determined to be needed by the City Council for streets and alleys, including access rights and abutters' rights; drainage; public greenways; scenic easements; public utility easements; solar easements; and other public easements; bicycle paths; and local transit facilities. In addition, as a condition of approval of a parcel map or final map, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; drainage; public utility easements; solar easements and other public easements.
Improvements shall be constructed in accordance with Article 9 of this Chapter.
The park and recreational facilities for which an offer of dedication of land and/or payment of a fee is required by this Article shall be in accordance with the General Plan or Specific Plans of the City of San Leandro.
As a condition of approval of a tentative map or parcel map, the subdivider shall offer to dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes, according to the standards and formula contained in this Article.
As of the effective date of this ordinance, the City devotes more than three acres of property for each 1,000 persons residing within the City, to neighborhood and community park and recreational purposes. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres per 1,000 persons is required to be devoted to neighborhood and community park and recreational purposes and that this requirement shall be applied to future subdivisions.
Where a neighborhood and community park or recreational facility has been designated in the General Plan or in any Specific Plan adopted for a particular area of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall offer to dedicate land or, if no such dedication, pay a fee in lieu thereof, or a combination of the above, in accordance with Sections 7-1-825 through 7-1-860, for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:
Size of Residential Unit
Average Persons/Dwelling Unit
Acreage Requirement
<500 Sq. Ft.
1.2
(Population/1000)*3
500—750 Sq. Ft.
1.5
>751—1,150 Sq. Ft.
2.3
>1,150—1,650 Sq. Ft.
3.2
>1,650—1,950 Sq. Ft.
4.1
>1,950 Sq. Ft.
5.1
Notes:
*Population = Average Persons Per Dwelling Unit multiplied by the number of dwelling units.
A credit against the amount of land to be provided shall be given for any dwelling units existing within the proposed subdivision within two years prior to the submittal of the tentative map. Such credit shall be determined using the above standards and formula.
(a) 
If there is no neighborhood or community park or recreational facility designated in the General Plan or any Specific Plan adopted for a particular area, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee in an amount determined in accordance with the provisions of Section 7-1-835 hereof.
(b) 
When only a portion of the land indicated in the General Plan or Specific Plan adopted for the particular area as the site for a neighborhood or community park, is within the land to be subdivided, such portion shall be dedicated for neighborhood or community park purposes and a fee computed pursuant to the provisions of Section 7-1-835 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section 7-1-820.
Section 7-1-825 to the contrary notwithstanding, if the proposed subdivision contains 50 lots or less, the subdivider shall pay a fee equal to the value of the land as prescribed for dedication in Section 7-1-820 hereof and in an amount determined in accordance with the provisions of Section 7-1-835 hereof.
(a) 
When a fee is required to be paid in lieu of park land dedication, the amount of such fee shall be equal to the value of the land which would otherwise be required less the credit given pursuant to this article. The value of land to be used in determining the amount of such fee shall be based upon the average estimated fair market value of the land being subdivided.
The fair market value shall be the current value as determined by the City Engineer at the time of tentative map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.
(b) 
The amount of the fee in lieu of land dedication prior to application of appropriate credits, shall in no case exceed seventy-five one hundredths percent (.75%) of the total sale price of the improved lots or condominium units within the subdivision.
(c) 
The City may use the interest earned on the accumulated in-lieu fees required pursuant to this Article for the maintenance of any existing park within the City.
Whether the City accepts an offer of land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the hollowing:
(a) 
The City's General Plan or any Specific Plan adopted for a particular area;
(b) 
Topography, geology, access and location of land in the subdivision available for dedication;
(c) 
Size and shape of the subdivision and land available for dedication;
(d) 
Feasibility of dedication;
(e) 
Availability of previously acquired park property.
The determination of the City as to whether land shall be offered for dedication, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
Where a private park and/or recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, credit may be given against all or part of the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:
(a) 
That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
(b) 
That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
(c) 
That 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;
(d) 
That 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;
(e) 
That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan or any Specific Plan adopted for the particular area.
Where a subdivider provides park and recreational improvements to dedicated land, to existing park or recreational facilities or land, or to private park or recreational areas within the subdivision as determined from the standards set forth in Section 7-1-845, the value of such improvements together with any equipment located thereon may be credited against the required dedication of land or payment of fees in lieu thereof.
At the time of approval of the tentative map, the City Council shall determine, pursuant to Section 7-1-840 hereof whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees.
The action of the City Council shall include the following determinations:
(a) 
The amount of land required; or
(b) 
That a fee be charged in lieu of land; or
(c) 
That land and a fee be required; and/or
(d) 
That a stated amount of credit be given for private park or recreation areas as determined from the standards set forth in Section 7-1-845; for public or private park and recreation facilities; and/or for unique natural and special features relating to the subdivision;
(e) 
The location of the park land to be dedicated or proposed use of in-lieu fees;
(f) 
The approximate time when development of the park or recreation facility shall commence.
At the time of the filing of the final or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City, provided, however, that at the option of the subdivider, the subdivider may defer the payment of fees and make incremental payment thereof at the time of the close of escrow on the sale of each dwelling unit, in an amount not less than seventy-five one hundredths percent (.75%) of the sale price of the unit. In any event, the total amount of the fee in lieu of land dedication must be paid within two years of the recordation date of the final or parcel map.
Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final or parcel map and shall be recorded at the same time as the final or parcel map.
As an alternative procedure for determining whether land is to be dedicated or in-lieu fees are to be paid by a subdivider, or any combination thereof as authorized by this Article, the City may enter into an agreement with a prospective subdivider specifying the determinations set forth in Section 7-1-855, above. The amount of land required to be offered for dedication or in-lieu fees to be charged pursuant to such agreement need not comply with the standards and formulae set forth in this Article if the City Council first makes the following findings:
(a) 
The amount of land to be offered for dedication or the amount of fees to be charged or any combination thereof, is consistent with the City's General Plan or any Specific Plan adopted for the area.
(b) 
That there are exceptional or extraordinary circumstances relating to the proposed subdivision or the development proposed therefor that justify noncompliance with said standards and formulae.
(c) 
That the amount of land to be offered for dedication or the fees to be charged or any combination thereof, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
The money collected hereunder shall be used only for the purpose of providing neighborhood or community park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the City Council deems that there is sufficient land available for the subdivision, for developing new or rehabilitating existing park or recreational facilities.
The provisions of Sections 7-1-805 through 7-1-865 do not apply to commercial or industrial subdivisions, or to condominium projects and stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. Notwithstanding the forgoing, such subdivisions may still be required to provide publicly accessible open space as required elsewhere in this Code, including the Zoning Code.
As a condition of approval of a final 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.
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.
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.
The provisions in Sections 7-1-880 through 890 shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps.
In addition to any requirement for dedication as set forth elsewhere in this chapter, the subdivider shall as a condition of approval of a final map, 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 Section 7-1-897.
Where a park, recreational facility, fire station, library, public street, sewage and drainage facility, bicycle paths, transit facility, bridge necessary to provide access for vehicular or pedestrian traffic, 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 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.
(a) 
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.
(b) 
The purchase price shall be the market value thereof at the time of the filing of the tentative map or 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.
(c) 
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.
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 owners certificate of the final map or parcel map.