§ 9-66.020. Dedications

The dedications required by this Section shall occur with the approval of a Parcel Map or Final Map. The provisions of this Section do not apply to a condominium project or stock cooperative that is the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, in such case, only the payment of fees may be required.

A.

Dedication of right-of-way easements. A subdivider shall be required to dedicate such easements as are necessary for the development and for the orderly development of the area, including those identified in the General Plan and any applicable Specific Plan or master plans adopted by the City. Such easements shall include those for streets, access rights, drainage facilities, public utilities, bus turnouts, bicycle paths, sidewalks, enriched parkways, pedestrian trails, equestrian trails, and other public needs.

B.

Dedication of land in fee. A subdivider shall also be required to dedicate in fee land as may be necessary for regional drainage facilities, water tanks, pump stations, fire stations, schools, and other public needs.

C.

Termination. Easement dedications may be terminated pursuant to Map Act Sections 66477.2(c) and (d). Disposition of a fee dedication by a public entity shall require full compliance with the Map Act unless such disposition is for the clear purposes of either the disposing agency or of a receiving agency. Profit and/or the receipt of funds shall not constitute such purposes.

D.

Waiver of direct access rights. The City may require dedications or offers of dedication of direct access rights to any street from any abutting property shown on a Final Map or Parcel Map.

(§ 5, Ord. 1085, eff. January 6, 2006)