The planning commission may require the dedication to the public, to the City of Mission Viejo or to such other public agency as may be appropriate (of) all real property (or interest therein) both on or off site required for public use or benefit, including but not limited to the following:

(a)

Local streets, arterial highways, and transportation corridors.

(b)

Alleys.

(c)

Trails, paths, and pedestrian ways.

(d)

Flood-control facilities.

(e)

Parks.

(f)

Easements for landscaping maintenance.

(g)

Public utility easements.

(h)

Public transit facilities.

(i)

Other public easements.

(j)

Accessways to lakes and reservoirs as provided in sections 9.74.120 and 9.74.125.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The planning commission may require (that) the items listed in section 9.75.005 be deeded for private use or benefit to a homeowners association or other responsible body.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Whenever specified by the planning commission, offers of dedication of arterial highways shall include the release and relinquishment of vehicular access rights to and from such arterial highways from any property shown within a final tract or parcel map abutting thereon. When the local agency finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from said local street may be required.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The subdivider submitting a tentative tract map may be required to dedicate land for the elementary school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act. Whenever the planning commission imposes such a dedication requirement, it may concurrently approve an alternative tentative map, to be effective in the event the school district affected does not enter into a binding commitment within 30 days to accept the dedication. A dedication pursuant to this section shall only be required at the request of a school district made within 20 working days of the notice given pursuant to section 9.73.045.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the city engineer, and are accepted by the city engineer on the behalf of the city. Further, the city manager approves quit claims of right-of-way or easements on behalf of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Dedications required by section 9.75.005 shall not be required for any remainder parcel that is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations provided the planning commission determines that such dedications and improvements are not necessary immediately for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements at a later time.

(Ord. No. 98-193, §§ 1—4, 10-19-98)