This chapter establishes requirements for subdivider dedications of land or payment of fees in lieu of dedication, in conjunction with subdivision approvals.
(Ord. 25-01 § 1)
A. 
Offered for Dedication. Every alley, drainage channel, easement, reserve strip (or waiver of access rights), street, walkway, and other right-of-way shown on the final or parcel map intended for public use shall be offered as an irrevocable offer of dedication to the city at the time the final or parcel map is presented to city council for approval and subsequently filed with the county recorder. (Government Code Sections 66475, 66476, 66477.1, 66477.2, 66477.3)
B. 
Property Dedicated in Fee for Public Purposes. When property is dedicated in fee for public purposes, other than for open space, parks, or schools, the city shall record with the county recorder a certificate, attached to the map, which contains all of the following:
1. 
The name and address of the subdivider;
2. 
A legal description of the dedicated property; and
3. 
A statement that the city shall reconvey the property if the city later determines that the public purpose or the need for the property no longer exists, or the property or any portion thereof is not needed for public utilities. (Government Code Section 66477.5)
C. 
Provision of Rights-of-Way and Easements. The subdivider shall provide rights-of-way and easements for all on-site and off-site sidewalks, streets, utilities, and appurtenant landscaping. The subdivider shall pay all acquisition costs.
D. 
Public Access to Public Resources. The subdivider shall provide public access to public resources through an irrevocable offer to dedicate such public access in accordance with the Act and BMC § 16.12.080 (Access to public resources). (Government Code Sections 66478.4, 66478.11)
E. 
Off-Site Rights-of-Way or Easements. If any off-site rights-of-way or easements are required:
1. 
The subdivider shall enter into the city's standard right-of-way agreement which specifies how and when the necessary title to an interest in the land shall be acquired, or the property or any portion thereof is not needed for public utilities. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the city.
2. 
Before approval of any map, one of the following shall have occurred:
a. 
The city shall have received signed deeds for all required rights-of-way and easements; or
b. 
The subdivider shall have executed the standard city contract for real property acquisition and deposited the estimated acquisition costs into a city trust account, and the subdivider shall have formally requested, and council approved, a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements.
(Ord. 25-01 § 1)
A. 
General. Where a fire station, library, park, recreational facility, or other public use is shown on the general plan or applicable specific plan, and the plan contains policies and standards for those uses, the city may require a subdivider to reserve sites for those uses as a condition of approval of a tentative map. (Government Code Section 66479)
B. 
Limitations.
1. 
The reserved area shall be of a size and shape as to permit:
a. 
The balance of the property to develop in an orderly and efficient manner; and
b. 
The reserved area to be efficiently used or divided if it is not acquired by a public agency.
2. 
The amount of land reserved may not render development of the remaining land economically infeasible.
C. 
Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement with the subdivider to acquire the area within two years or longer under the terms of the mutual agreement. (Government Code Sections 66480, 66481)
(Ord. 25-01 § 1)
A. 
Bikeways. The subdivider may be required to dedicate land to provide bikeways for the use and safety of the residents of the subdivision to ensure consistency with the circulation element of the general plan, standard engineering specifications, and/or objective planning and design standards. (Government Code Section 66475.1)
B. 
Transit Facilities.
1. 
The city may require a subdivider to dedicate land within the subdivision for local transit facilities (e.g., bus benches, shelters, turnouts, landing pads, and similar items) that directly benefit the residents of the subdivision.
2. 
Only the payment of fees in lieu of the land dedication may be required in the subdivision of airspace in existing structures converted into community apartment projects, condominium projects, or stock cooperatives. (Government Code Section 66475.2)
a. 
Payment of Fee Only. Notwithstanding the provisions of this section, persons subject to the provisions of this subsection shall pay the fee required by this section, in an amount established by resolution of the city council, and shall not have the alternative of dedicating land.
(Ord. 25-01 § 1)
A. 
Dedication Requirements.
1. 
Dedication of Park Facility. A subdivider may offer to dedicate land for park or recreational improvements if any part of the proposed development site is designated for a park facility. The city may decline to accept the dedication.
2. 
Standards. A site dedicated to the city for a park facility shall advance the goals and objectives of the parks, trails and open space master plan and be improved to all applicable local, state and federal standards.
3. 
Proportion of Parkland Dedication. The dedication of land shall be the proportionate amount necessary to provide a minimum of three acres of park area for each 1,000 persons residing in the subdivision, up to five acres of park area for each 1,000 persons residing within the subdivision, as set forth in the adopted parkland dedication fee program and nexus study adopted by council resolution.
4. 
Amount of Fee Required. Where a fee is required or proposed to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated in compliance with subsection (A)(5) of this section (Fair Market Value).
5. 
Fair Market Value. The fair market value shall be determined as of the time of filing of the final map in compliance with the following:
a. 
The subdivider may, at the subdivider's own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal may be accepted by the council if found reasonable; or
b. 
The city otherwise documents the fair market value.
6. 
Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited against the requirement of dedication for park and recreation purposes, or the payment of fees in lieu thereof; provided, the council first finds that all of the following standards are met:
a. 
The court areas, setbacks, yards, and other open areas required to be maintained by this municipal code or applicable building regulations shall not be included in the computation of the private open space;
b. 
The private ownership and maintenance of the open space is adequately provided for by written agreement;
c. 
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be defeated or eliminated without the consent of the council;
d. 
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as access, geology, shape, size, topography, and location of the private open space land(s); and
e. 
The facilities proposed for the open space are in substantial compliance with the provisions of the general plan, and are approved by the council.
7. 
Time of Commencement Shall Be Designated. At the time the final map is approved, the council shall designate the time when development of the park and recreational facilities shall be commenced.
B. 
Determination of Dedication of Land or Payment of Fee.
1. 
Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
a. 
Subdivider.
i. 
At the time of filing a tentative map for approval, the owner of the property shall, as a part of the filing, indicate whether the owner desires to dedicate property for park and recreational purposes or desires to pay a fee in lieu of dedication.
ii. 
If the owner desires to dedicate land for this purpose, the owner, with the concurrence of the director, shall designate the area on the tentative map as filed.
b. 
Action of City. If dedication of land is proposed, the tentative map will be referred to the city council for approval, conditional approval or denial. The council shall consider the land dedication as part of the public hearing on the tentative map and shall determine whether to require a dedication of land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.
c. 
Prerequisites for Approval of Final Map.
i. 
Where dedication is required, it shall be accomplished in compliance with Government Code Section 66477.
ii. 
Where fees are required, the same shall be deposited with the city before the approval of the final map.
iii. 
Open space covenants for private park or recreational facilities shall be submitted to the city before approval of the final map and shall be recorded concurrently with the final map.
2. 
Determination.
a. 
Whether the council accepts land dedication or elects to require payment of a fee in lieu of dedication, or a combination of both, shall be determined by consideration of all of the following:
i. 
The policies and standards for parks and recreation facilities in the general plan;
ii. 
The access, geology, location, and topography of the land in the subdivision available for dedication; and
iii. 
The shape and size of the subdivision and the land available for dedication.
b. 
The determination of the council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
c. 
On subdivisions involving 50 parcels or fewer, only the payment of fees shall be required; however, land may be accepted upon agreement of the subdivider and the council.
3. 
Limitations on the Use of Land and Fees. Unless otherwise authorized by Government Code Section 66477, the land and fees received in compliance with this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
(Ord. 25-01 § 1)
A. 
Fee or Dedication. If the Benicia Unified School District ("school district") has levied a fee or other requirement on development, the subdivider shall present to the city a certificate of compliance from the school district before a building permit is issued. (Government Code Sections 53080, 65995)
B. 
Elementary School Site.
1. 
The city may require a subdivider to dedicate to the school district land sufficient to construct elementary schools as are necessary to ensure adequate public school service to the residents of the subdivision.
2. 
The requirement is terminated if the school district does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in compliance with Government Code Section 66478. (Government Code Section 66413.7)
C. 
Classroom Facilities. The city may require a subdivider to dedicate land or pay fees, or a combination of both, for classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in compliance with Government Code Sections 65970 through 65980.
1. 
Purpose. Because fees authorized in compliance with state law may be inadequate to completely mitigate the effects of new development on the school district, the council intends, by this subsection, to require all future residential development projects located within the boundaries of the school district to fully mitigate any impacts on school facilities.
2. 
Mitigation Agreement.
a. 
No application for annexation, development agreement, municipal code amendment, or general plan amendment allowing residential development on sites located within the boundaries of the school district shall be approved unless the applicant first enters into an agreement with the school district to fully mitigate the proposed project's impacts on classroom facilities.
b. 
The agreement shall be in substantial conformance with a form agreement approved by resolution of both the council and the school district.
(Ord. 25-01 § 1)
As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for child day care, fire stations, library sites, public art, or any other public facilities in order to implement the provisions of the general plan regarding these facilities when and if the dedications and fees are adopted by the city.
(Ord. 25-01 § 1)