The dedication requirements specified by this chapter are imposed as provided by Section 66475 of the Subdivision Map Act, and shall apply to all final tract and parcel maps, lot line adjustments and lot mergers unless exempted from specific dedication requirements by the Subdivision Map Act. In addition, the provisions of this chapter may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the Arroyo Grande general plan.

All dedications of property to the city for public purposes shall be made in fee title, except that, at the city's discretion, the grant of an easement may be taken for the following purposes: open space easements, emergency access easements, scenic easements, or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those that the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

(Prior code § 9-14.010)

All streets, highways, alleys, ways, easements, rights-of way, and parcels of land shown on the final tract or parcel map, or development plan and intended for public use shall be offered for dedication for public use by appropriate certificate unless approved otherwise by the city engineer. If a subdivision is involved, the certificate shall be on the title page.

When vehicular access rights from any lot or parcel to any highway or street are restricted, such rights shall be offered for dedication to the city by the appropriate certificate. A note stating: "VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF ARROYO GRANDE" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map. If a subdivision is not involved equivalent certificates and notes shall be required.

(Prior code § 9-14.020)

Any public or private utility easements required by any utility or the city shall be shown on the final tract or parcel map, or equivalent documentation if a subdivision is not involved, and shall be dedicated to the appropriate party by separate document.

(Prior code § 9-14.030)

In the event that a subdivision or development, or any part thereof is traversed by any major watercourse, channel, stream or creek, the subdivider or developer shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the city engineer, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider or developer may either construct an adequate channel within such dedication or delineate the course of such watercourse upon the final map or equivalent document if a subdivision is not involved.

If an artificial drainage facility is necessary for the general use of lot owners in a subdivision or users in a development not involving a subdivision, and for adequate drainage as may result from the development and its improvements, the subdivider or developer may be required to provide such improvements and shall dedicate on the final map if applicable or grant by separate instrument an adequate right-of-way for such drainage channel.

When storm drains are necessary for the general use of lot or parcel owners in a subdivision, or users in a development not involving a subdivision, and such storm drains are not to be installed in the streets, alleys or ways of such subdivision or development, then the subdivider or developer shall offer to dedicate upon the final tract or parcel map, or equivalent documentation if a subdivision is not involved, the necessary rights-of-way for such facility.

When property being subdivided or developed, or any portion thereof is so situated as to be in the path of the natural drainage from adjoining unsubdivided or undeveloped property and no street, alley or way within the subdivision or development is planned to provide for the drainage of such adjoining property, the subdivider or developer shall dedicate drainage rights-of-way adequate to provide in the future for the ultimate drainage of the adjoining property.

(Prior code § 9-14.040)

A.

Drainage fees, pursuant to Section 66483, et seq. of the Government Code which provides for the payment of fees for the construction of drainage facilities, shall be imposed as a condition to the division of land or development of land for which a subdivision is not involved. Whenever land that is proposed to be divided or developed lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division or development of land in that drainage area.

B.

Each area drainage plan shall be adopted by resolution of the city council pursuant to the provisions of Government Code Section 66483 et seq. Such area drainage plans shall cover a particular drainage area, contain an estimate of the total cost of constructing the drainage facilities required by the plan, and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city council shall find and determine the following:

1.

That the subdivision and/or development of land within the plan area will require construction of the facilities described in the plan; and

2.

That the drainage fees are fairly apportioned within the local drainage area on the basis of benefits conferred on property proposed for subdivision or development, or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area.

C.

Area drainage plans may provide for varying fees; provided, however, the fee as to any property proposed for subdivision or development within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

D.

Drainage fees shall be paid at the time of the filing of the final tract or parcel map, or at an equivalent time if a subdivision is not involved; provided, however, at the option of the subdivider or developer, the fee may be paid, in pro rata amounts at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee.

E.

If the subdivider or developer elects to have payment made at the time of issuance of a grading or building permit, the recorded final tract or parcel map, or equivalent document if a subdivision is not involved shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit. In addition, a separate instrument shall be recorded by the subdivider or developer in the office of the county recorder, at the time of the filing of the final tract or parcel map, or equivalent document if a subdivision is not involved which gives notice that a drainage fee is required to be paid by any person that owns such parcels prior to issuance of a grading or building permit.

F.

If the drainage fee is paid at the time of the filing to the final tract or parcel map, or equivalent document if a subdivision is not involved, it shall be paid to the city engineer. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the chief building official. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained by the city. A separate fund shall be established by the city for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including a acquisition of right-of-way necessary for construction, of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the city for the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.

G.

At the discretion of the city council, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

H.

Money may be advanced by the city to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the city from the fund for the local drainage area in which the facilities are located.

I.

When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the city, where the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage area, provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only, and shall not include interest or other charges. The agreement shall expire fifteen (15) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

J.

The drainage plan area, the required facilities, and the drainage fee in an adopted plan may be amended by the city council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities, or estimated cost of the facilities.

(Prior code § 9-14.050)

A.

Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreation facilities, for which dedication of land and/or payment of a fee is required by this chapter, are in accordance with the parks and recreation element of the general plan of the city, adopted by the city on November 22, 1988.

B.

Requirements. At the time of approval of the tentative tract or parcel map, the city council shall determine, pursuant to subsection D of this section, the land required for dedication or in lieu fee payment. As a condition of approval of a final tract or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time, according to the standards and formula contained in this chapter. In the event park and recreational services are provided by a public agency other than the city, the amount and location of land to be dedicated, or fees to be paid, shall be jointly determined by the city and such public agency.

C.

General Standard. It is found and determined that the public interest, convenience, health, welfare and safety require that four acres of property for each one thousand (1,000) persons residing with this city be devoted to neighborhood and community park and recreational purposes.

D.

Formula for Dedication of Land.

1.

Where a park or recreational facility has been designated in the parks and recreation element of the general plan 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 dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula (established pursuant to Government Code Section 66477 (b):

2.

Dedication of land shall be made in accordance with the procedures contained above.

3.

For this purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the final map is filed.

4.

The subdivider shall without credit:

a.

Provide full street improvements and utility connections, including but not limited to curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land that is dedicated pursuant to this section;

b.

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

c.

Provide improved drainage through the site; and

d.

Provide other minimal improvements that the city council determines to be essential to the acceptance of the land for recreational purposes.

5.

The land to be dedicated, and the improvements to be made pursuant to this section, shall be approved by the director of parks and recreation.

E.

Formula for Fees in Lieu of Land Dedication.

1.

General Formula. If there is no park or recreational facility designated in the city parks and recreation element, 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 equal to the value of that land, plus twenty (20) percent toward costs of off-site improvements, prescribed for dedication above and in an amount determined in accordance with the provisions of this section, such fee to be used for a local park, which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

For the purposes of this chapter, "off-site improvements" are defined as those improvements that would have been required if land had been dedicated using the provisions set out in this section.

2.

Fees in Lieu of Land - Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty (20) percent toward cost of off-site improvements of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed herein above, and in an amount determined in accordance with the provisions of this section.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes, in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the city council.

3.

Use of Fees. The fees collected under this section shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

F.

Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1.

When only a portion of the land to be subdivided is proposed on the city parks and recreation element as a site for a local park, such portion shall be dedicated for local park purposes; and a fee computed pursuant to the provisions above shall be paid for the value of any additional land, plus twenty (20) percent towards costs of off-site improvement, that would have been required to be dedicated pursuant to the provisions of this section.

2.

When a major part of the local park or recreation site has already been acquired by the city and only a portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated, and a fee computed pursuant to the provisions above shall be paid, in an amount equal to the value of the land, plus twenty (20) percent toward costs of off-site improvements that would otherwise have been required to be dedicated pursuant to provisions above, such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

G.

Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, value of the amount of such fee shall be based upon the fair market value of the amount of land that would otherwise be required for dedication pursuant to provisions above, plus twenty (20) percent toward costs of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:

where:

DUs = Number of dwelling units as defined herein above

Pop. = Population per dwelling unit

FMV = Fair market value as determined by herein above

Buildable acre = A typical acre of the subdivision with a slope less than ten (10) percent and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

Fees to be collected pursuant to this section shall be approved by the director of parks and recreation.

H.

Determination of Fair Market Value. The fair market value shall be determined by the assessed value of all the land located in the city divided by the number of acres within the city limits. The determination shall be made immediately prior to the filing of the final map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing the final map, the city will prepare a new determination. For the purposes of this chapter, the determination of the fair market value of a buildable acre, as defined above, shall consider, but not necessarily be limited to, the following:

1.

Approval of and conditions of the tentative subdivision map;

2.

The general plan;

3.

Zoning;

4.

Property location;

5.

Off-site improvements facilitating use of the property;

6.

Site characteristics of the property. If the subdivider objects to the determined fair market value, he or she may appeal to the city council, who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider.

I.

Determination of Land or Fee. Whether the city council accepts 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 following:

1.

The natural features, access and location of land in the subdivision available for dedication;

2.

The size and shape of the subdivision and land available for dedication;

3.

The feasibility of dedication;

4.

The compatibility of dedication with the city parks and recreation element; and

5.

The location of existing and proposed park sites and trailways.

The determination of the city council as to whether land should be dedicated or whether a fee shall be charged, or combination thereof, shall be final and conclusive.

J.

Credit for Private Open Space. No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space, usable for active recreational purposes, is provided in a proposed planned development or real estate development, as defined in Section 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed seventy-five (75) percent, shall be given against the requirements of land dedication or payment of fees in lieu thereof, if the city council finds it is in the public interest to do so and that all the following requirements are met:

1.

Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

2.

Private park and recreational facilities shall be owned by a homeowners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred (100) percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

3.

Use of the private open space is restricted for park and recreational purposes, by recorded covenant that runs with the land in favor of the future owners of the property, and that cannot be defeated or eliminated without the consent of the city or is successor;

4.

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 locations;

5.

Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the general plan; and

6.

The open space for which credit is given is generally a minimum of three acres and provides all of the local park basic elements listed below or a combination of such and other recreational improvements that will meet the specific recreation needs of future residents of the area:

a.

"Recreational open spaces," which are generally defined as "park areas for active recreational pursuits such as soccer, golf, baseball, softball and football," and have at least one acre of maintained turf with less than five percent slope;

b.

"Court areas," which are generally defined as "tennis courts, shuffleboard courts," or similar hard-surfaced areas especially designed and exclusively used for court games;

c.

"Recreational swimming areas," which are defined generally as "fenced areas devoted primarily to swimming, diving or both." They must also include decks, lawned areas, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent of the population of the subdivision, with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool;

d.

Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development. The determination of the city council as to whether credit shall be given, and the amount of credit, shall be final and conclusive.

K.

Timing of Dedication or Payment of Fees. At the time of approval of the tentative tract or parcel map, the city council shall determine pursuant to provisions above the land required for dedication. If the city council requires in-lieu payment by the subdivider, the city council will set the amount of land upon which the in-lieu fee will be based at the time of the final map approval.

At the time of the filing of the final tract or parcel map, the subdivider shall dedicate the land as required by the city council. Where the city council has determined that fees shall be paid in lieu of, or in addition to, the dedication of land, the city council shall set the in-lieu fees, based on the land dedication requirements as established at the time of the tentative map approval, using current land values at the time of final map approval, with the formula set forth above, and using the process for determining fair market value as set forth above. The subdivider shall pay the fees in accordance with the following schedule:

1.

For any subdivision consisting of ten (10) or more lots, fees shall be paid in their entirety prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision; or

2.

For any subdivision consisting of nine or less lots, fees shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.

Open space covenants for private park or recreation facilities shall be submitted to the city prior to the approval of the final tract or parcel map and shall be recorded contemporaneously with the final tract or parcel map.

L.

Disposition of Fees. Fees determined pursuant to provisions above shall be paid to the city and shall be deposited in the parks development fund. Money in this fund, including accrued interest, shall be expended solely for acquisition or development of park land or improvements related thereto.

Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then recorded owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

M.

Exemptions. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of this section do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added.

N.

Subdivider Provided Park and Recreation Improvements. The value of park and recreation improvements, provided by the subdivider to the dedicated land, shall be credited against the fees or dedication of land required by this section. The city council reserves the right to approve such improvements, prior to agreeing to accept the dedication of land, and to require in-lieu fee payments should the land and improvements be unacceptable.

O.

Agency to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the local public agency that provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map approval, the city council shall determine whether the city is the appropriate local agency. The city, county, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park and recreational facilities to serve residents of the subdivision.

P.

Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

Q.

Sale of Dedicated Land. If, during the ensuing time between dedication of land for park purposes and commencement of the first stage of development, circumstances arise that indicate another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold, upon the approval of the city council, with the resultant funds being used for purchase of a more suitable site.

R.

Creek Dedications. For any subdivision or parcel map or development project requiring discretionary review abutting the Arroyo Grande Creek, including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek, including its tributaries, the subdivider or developer shall dedicate to the city all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas designated as environmentally sensitive based on a biology report prepared by a qualified biologist or other appropriate areas mutually acceptable for the purposes of "open space," flood control or "green belt."

Exceptions to the requirements established in this subsection can be made only upon a finding that its application would violate federal or state law.

S.

Unbuildable Parcels. Any parcel that is specifically referenced in the safety element of the general plan as being unbuildable, or any area in the open space-conservation, safety, or other elements of the general plan earmarked for protection, shall be considered in the subdivision for open space and zoning and shall be either offered for dedication to the city or home ownership shall be management provided.

(Ord. 527 § 1, 2001; Prior code § 9-14.060)

The city may require, for subdivisions and other development projects, the dedication or irrevocable offer of dedication of land for local transit facilities such as bus turnouts, benches, shelters, loading pads and similar items. If a subdivision is involved, such requirements shall directly benefit the residents of the subdivision, and shall apply only if the subdivision as shown on the tentative map has the potential of two hundred (200) dwelling units or more if developed to the maximum density shown on the city's general plan and if the city finds that transit services are or will, within a reasonable time, be made available to the subdivision.

(Prior code § 9-14.070)

As a condition of approval of a tentative map, the city may impose a requirement that the developer dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements, the city shall consider the feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

At the time of tentative map approval, the planning director, shall specify:

A.

The standards for determining the exact dimensions and locations of such easements;

B.

Any restrictions on vegetation, buildings, and other objects that would obstruct the passage of sunlight through the easement; and

C.

Conditions, if any, under which an easement may be revised or eliminated.

This section is not applicable to conversion projects.

(Prior code § 9-14.080)

The city may require that areas of real property within a subdivision or other residential, commercial or industrial development for which a subdivision is not involved be reserved for parks and recreation facilities, fire stations, libraries, or other public uses subject to the following conditions.

A.

The proposed use of the land reserved is in accordance with general plan policies and standards, any adopted specific plans, and all other provisions of this title.

B.

The reserved area is 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.

C.

The amount of land reserved will not make development of the remaining land held by the subdivider or developer economically unfeasible.

The provisions of this section shall only apply to those subdivisions and other residential, commercial or industrial development for which a subdivision is not involved which were filed and accepted by the city no more than thirty (30) days subsequent to the effective date of this title.

The city shall, at the time of approval of the final tract or parcel map, equivalent approval for other residential, commercial or industrial development for which a subdivision is not involved, 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. The purchase price shall be the market value thereof at the time of the filing of the tentative map or other equivalent development approval request if a subdivision is not involved, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the city fails to enter such a binding agreement the requirement of reservation shall automatically terminate.

(Prior code § 9-14.090)