The purpose of this section is to describe the manner in which dedications to the City shall be required and processed and to describe and set standards for the various kinds of dedications and easements required.
A. General. The public need, safety, increased traffic, orderly development of the surrounding area and general welfare requires that dedications, offers of dedication and irrevocable offers of dedication of real property for various public uses be made to the City as conditions precedent to the approval or conditional approval of subdivision tract maps, parcel maps, reversions to acreage, and consolidations and combinations of lots and parcels and for the approval or issuance of use permits, building permits, public works permits or any other action or event requiring evidence of official City approval. Dedications may be required for streets, highways, alleys, public service easements, ways, courts, walkways, bicycle trails, bridle trails, recreation trails, abutter's rights, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, waterlines, water rights, public utilities, traffic signal facilities, environmental enhancement, landscaping, parks, recreation areas and for all other public uses not specified, if found to be required to conform to or implement the City General Plan or any element thereof. Dedications may also be required by the City on behalf of any other public agency or district.
B. Dedication Requirements. Dedications for streets and highways shall be to the widths designated in Section 16.05.040(A)(1) of this title and as designated on the Circulation Element of the City General Plan or as designated on an approved Specific Plan, Government Specific Plan (GSP) or other official plan. Deviations may be allowed for streets and highway widths not shown on the Circulation Element or on any approved Specific Plan based upon the land use, traffic volumes, and other factors as determined by the City Engineer. Additional right-of-way may be required for public facilities, including, but not limited to, bikeways, recreational trails, bus ways or bus lanes, parking lanes, and treatment of intersections based on a traffic analysis which shows the need for added through lanes, and/or turning lanes, dual left-turn lanes, and/or separate right-turn lanes. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available and other circumstances and factors as determined by the City Engineer. Easements for sewers, drains and the waterlines shall generally not be less than ten feet wide.
C. Method of Dedication. All dedications shall be made to the City in conformance with the following:
1. By Final Subdivision Tract Map or Parcel Map. All streets, highways, alleys, easements and parcels offered for dedication or to be dedicated shall be clearly indicated on the final map. They shall be clearly described in the appropriate certificate on the title sheet of the map. Access rights dedications shall likewise be shown and described on the final map. The certificate shall be signed and acknowledged by all those parties having any record title interest in the property being subdivided, as specified in Section 66436 of the Subdivision Map Act.
2. By Separate Instrument. Where dedications are made requirements of the final approval of a lot consolidation, or the approval and issuance of a use permit, building permit or any other permit, and no final tract or parcel map is required to be filed and recorded as a condition thereof, then the required dedications shall be made by separate instrument in a form approved by the City Attorney, which shall be signed, executed and acknowledged by all parties having title interest in the property or rights being dedicated. Preparation, execution and delivery of the fully executed instrument shall be made prior to the final approval by the City of the consolidation or permit being requested.
D. Acceptance or Rejection of Dedications.
1. By Subdivision Tract Map. At the time of final map acceptance and approval by the City Council, the Council may accept, accept subject to improvement or reject any or all dedications or offers of dedication. The City Clerk shall certify on the map the action by the Council. If at the time the map is approved, any dedications for streets, paths, alleys or other purpose are rejected, the offer of dedication made by the owners shall remain open and the City Council may by resolution at any later date and without further action by or notice to the subdivider, rescind its action and accept and open the streets, paths, alleys or other dedications and easements for public use, which resolution of acceptance shall be recorded with the County Recorder.
2. By Parcel Map or Separate Instrument. If dedications are offered on the title sheet of a parcel map or are made by separate instrument to the City, they shall be accepted or rejected by a City official(s) authorized by City Council resolution(s), and shall thereupon be delivered to the County Recorder for recordation.
(Ord. 2722 (part), 1990).