2009 California Government Code - Section 66475-66478 :: Article 3. Dedications

GOVERNMENT CODE
SECTION 66475-66478

66475.  There may be imposed by local ordinance a requirement of
dedication or irrevocable offer of dedication of real property within
the subdivision for streets, alleys, including access rights and
abutter's rights, drainage, public utility easements and other public
easements. Such irrevocable offers may be terminated as provided in
subdivisions (c) and (d) of Section 66477.2.

66475.1.  Whenever a subdivider is required pursuant to Section
66475 to dedicate roadways to the public, the subdivider may also be
required to dedicate additional land as may be necessary and feasible
to provide bicycle paths for the use and safety of the residents of
the subdivision.

66475.2.  (a) There may be imposed by local ordinance a requirement
of a dedication or an irrevocable offer of dedication of land within
the subdivision for local transit facilities such as bus turnouts,
benches, shelters, landing pads and similar items that directly
benefit the residents of a subdivision. The irrevocable offers may be
terminated as provided in subdivisions (c) and (d) of Section
66477.2.
   (b) Only the payment of fees in lieu of the dedication of land may
be required in subdivisions that consist of the subdivision of
airspace in existing buildings into condominium projects, stock
cooperatives, or community apartment projects, as those terms are
defined in Section 1351 of the Civil Code.

66475.3.  For divisions of land for which a tentative map is
required pursuant to Section 66426, the legislative body of a city or
county may by ordinance require, as a condition of the approval of a
tentative map, the dedication of easements for the purpose of
assuring that each parcel or unit in the subdivision for which
approval is sought shall have the right to receive sunlight across
adjacent parcels or units in the subdivision for which approval is
sought for any solar energy system, provided that such ordinance
contains all of the following:
   (1) Specifies the standards for determining the exact dimensions
and locations of such easements.
   (2) Specifies any restrictions on vegetation, buildings and other
objects which would obstruct the passage of sunlight through the
easement.
   (3) Specifies the terms or conditions, if any, under which an
easement may be revised or terminated.
   (4) Specifies that in establishing such easements consideration
shall be given to feasibility, contour, configuration of the parcel
to be divided, and cost, and that such easements shall not result in
reducing allowable densities or the percentage of a lot which may be
occupied by a building or a structure under applicable planning and
zoning in force at the time such tentative map is filed.
   (5) Specifies that the ordinance is not applicable to condominium
projects which consist of the subdivision of airspace in an existing
building where no new structures are added.
   For the purposes of this section, "solar energy systems" shall be
defined as set forth in Section 801.5 of the Civil Code.
   For purposes of this section, "feasibility" shall have the same
meaning as set forth in Section 66473.1 for the term "feasible".

66476.  There may be imposed by local ordinance a requirement that
dedications or offers of dedication of streets include a waiver of
direct access rights to any such street from any property shown on a
final or parcel map as abutting thereon and if the dedication is
accepted, any such waiver shall become effective in accordance with
its provisions.

66477.  (a) The legislative body of a city or county may, by
ordinance, require the dedication of land or impose a requirement of
the payment of fees in lieu thereof, or a combination of both, for
park or recreational purposes as a condition to the approval of a
tentative map or parcel map, if all of the following requirements are
met:
   (1) The ordinance has been in effect for a period of 30 days prior
to the filing of the tentative map of the subdivision or parcel map.
   (2) The ordinance includes definite standards for determining the
proportion of a subdivision to be dedicated and the amount of any fee
to be paid in lieu thereof. The amount of land dedicated or fees
paid shall be based upon the residential density, which shall be
determined on the basis of the approved or conditionally approved
tentative map or parcel map and the average number of persons per
household. There shall be a rebuttable presumption that the average
number of persons per household by units in a structure is the same
as that disclosed by the most recent available federal census or a
census taken pursuant to Chapter 17 (commencing with Section 40200)
of Part 2 of Division 3 of Title 4. However, the dedication of land,
or the payment of fees, or both, shall not exceed the proportionate
amount necessary to provide three acres of park area per 1,000
persons residing within a subdivision subject to this section, unless
the amount of existing neighborhood and community park area, as
calculated pursuant to this subdivision, exceeds that limit, in which
case the legislative body may adopt the calculated amount as a
higher standard not to exceed five acres per 1,000 persons residing
within a subdivision subject to this section.
   (A) The park area per 1,000 members of the population of the city,
county, or local public agency shall be derived from the ratio that
the amount of neighborhood and community park acreage bears to the
total population of the city, county, or local public agency as shown
in the most recent available federal census. The amount of
neighborhood and community park acreage shall be the actual acreage
of existing neighborhood and community parks of the city, county, or
local public agency as shown on its records, plans, recreational
element, maps, or reports as of the date of the most recent available
federal census.
   (B) For cities incorporated after the date of the most recent
available federal census, the park area per 1,000 members of the
population of the city shall be derived from the ratio that the
amount of neighborhood and community park acreage shown on the
records, maps, or reports of the county in which the newly
incorporated city is located bears to the total population of the new
city as determined pursuant to Section 11005 of the Revenue and
Taxation Code. In making any subsequent calculations pursuant to this
section, the county in which the newly incorporated city is located
shall not include the figures pertaining to the new city which were
calculated pursuant to this paragraph. Fees shall be payable at the
time of the recording of the final map or parcel map or at a later
time as may be prescribed by local ordinance.
   (3) The land, fees, or combination thereof are to be used only for
the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to serve
the subdivision.
   (4) The legislative body has adopted a general plan or specific
plan containing policies and standards for parks and recreation
facilities, and the park and recreational facilities are in
accordance with definite principles and standards.
   (5) The amount and location of land to be dedicated or the fees to
be paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the
subdivision.
   (6) The city, county, or other local public agency to which the
land or fees are conveyed or paid shall develop a schedule specifying
how, when, and where it will use the land or fees, or both, to
develop park or recreational facilities to serve the residents of the
subdivision. Any fees collected under the ordinance shall be
committed within five years after the payment of the fees or the
issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later. If the fees are not committed,
they, without any deductions, shall be distributed and paid to the
then record owners of the subdivision in the same proportion that the
size of their lot bears to the total area of all lots within the
subdivision.
   (7) Only the payment of fees may be required in subdivisions
containing 50 parcels or less, except that when a condominium
project, stock cooperative, or community apartment project, as those
terms are defined in Section 1351 of the Civil Code, exceeds 50
dwelling units, dedication of land may be required notwithstanding
that the number of parcels may be less than 50.
   (8) Subdivisions containing less than five parcels and not used
for residential purposes shall be exempted from the requirements of
this section. However, in that event, a condition may be placed on
the approval of a parcel map that if a building permit is requested
for construction of a residential structure or structures on one or
more of the parcels within four years, the fee may be required to be
paid by the owner of each parcel as a condition of the issuance of
the permit.
   (9) If the subdivider provides park and recreational improvements
to the dedicated land, the value of the improvements together with
any equipment located thereon shall be a credit against the payment
of fees or dedication of land required by the ordinance.
   (b) Land or fees required under this section shall be conveyed or
paid directly to the local public agency which provides park and
recreational services on a communitywide level and to the area within
which the proposed development will be located, if that agency
elects to accept the land or fee. The local agency accepting the land
or funds shall develop the land or use the funds in the manner
provided in this section.
   (c) If park and recreational services and facilities are provided
by a public agency other than a city or a county, the amount and
location of land to be dedicated or fees to be paid shall, subject to
paragraph (2) of subdivision (a), be jointly determined by the city
or county having jurisdiction and that other public agency.
   (d) This section does not apply to commercial or industrial
subdivisions or 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.
   (e) Common interest developments, as defined in Section 1351 of
the Civil Code, shall be eligible to receive a credit, as determined
by the legislative body, against the amount of land required to be
dedicated, or the amount of the fee imposed, pursuant to this
section, for the value of private open space within the development
which is usable for active recreational uses.
   (f) Park and recreation purposes shall include land and facilities
for the activity of "recreational community gardening," which
activity consists of the cultivation by persons other than, or in
addition to, the owner of the land, of plant material not for sale.
   (g) This section shall be known and may be cited as the Quimby
Act.

66477.1.  (a) At the time the legislative body or the official
designated pursuant to Section 66458 approves a final map, the
legislative body or the designated official shall also accept, accept
subject to improvement, or reject any offer of dedication. The clerk
of the legislative body shall certify or state on the map the action
by the legislative body or designated official.
   (b) The legislative body of a county, or a county officer
designated by the legislative body, may accept into the county road
system, pursuant to Section 941 of the Streets and Highways Code, any
road for which an offer of dedication has been accepted or accepted
subject to improvements.

66477.2.  (a) If at the time the final map is approved, any streets,
paths, alleys, public utility easements, rights-of-way for local
transit facilities such as bus turnouts, benches, shelters, landing
pads, and similar items, which directly benefit the residents of a
subdivision, or storm drainage easements are rejected, subject to
Section 771.010 of the Code of Civil Procedure, the offer of
dedication shall remain open and the legislative body may by
resolution at any later date, and without further action by the
subdivider, rescind its action and accept and open the streets,
paths, alleys, rights-of-way for local transit facilities such as bus
turnouts, benches, shelters, landing pads, and similar items, which
directly benefit the residents of a subdivision, or storm drainage
easements for public use, which acceptance shall be recorded in the
office of the county recorder.
   (b) In the case of any subdivision fronting upon the ocean
coastline or bay shoreline, the offer of dedication of public access
route or routes from public highways to land below the ordinary high
watermark shall be accepted within three years after the approval of
the final map; in the case of any subdivision fronting upon any
public waterway, river, or stream, the offer of dedication of public
access route or routes from public highways to the bank of the
waterway, river, or stream and the public easement along a portion of
the bank of the waterway, river, or stream shall be accepted within
three years after the approval of the final map; in the case of any
subdivision fronting upon any lake or reservoir which is owned in
part or entirely by any public agency, including the state, the offer
of dedication of public access route or routes from public highways
to any water of the lake or reservoir shall be accepted within five
years after the approval of the final map; all other offers of
dedication may be accepted at any time.
   (c) Offers of dedication which are covered by subdivision (a) may
be terminated and abandoned in the same manner as prescribed for the
summary vacation of streets by Part 3 (commencing with Section 8300)
of Division 9 of the Streets and Highways Code.
   (d) Offers of dedication which are not accepted within the time
limits specified in subdivision (b) shall be deemed abandoned.
   (e) Except as provided in Sections 66499.16, 66499.17, and
66499.18, if a resubdivision or reversion to acreage of the tract is
subsequently filed for approval, any offer of dedication previously
rejected shall be deemed to be terminated upon the approval of the
map by the legislative body. The map shall contain a notation
identifying the offer or offers of dedication deemed terminated by
this subdivision.

66477.3.  Acceptance of offers of dedication on a final map shall
not be effective until the final map is filed in the office of the
county recorder or a resolution of acceptance by the legislative body
is filed in such office.

66477.5.  (a) The local agency to which property is dedicated in fee
for public purposes, or for making public improvements or
constructing public facilities, other than for open space, parks, or
schools, shall record a certificate with the county recorder in the
county in which the property is located. The certificate shall be
attached to the map and shall contain all of the following
information:
   (1) The name and address of the subdivider dedicating the
property.
   (2) A legal description of the real property dedicated.
   (3) A statement that the local agency shall reconvey the property
to the subdivider if the local agency makes a determination pursuant
to this section that the same public purpose for which the property
was dedicated does not exist, or the property or any portion thereof
is not needed for public utilities, as specified in subdivision (c).
   (b) The subdivider may request that the local agency make the
determination that the same public purpose for which the dedication
was required still exists, after payment of a fee which shall not
exceed the amount reasonably required to make the determination. The
determination may be made by reference to a capital improvement plan
as specified in Section 65403 or 66002, an applicable general or
specific plan requirement, the subdivision map, or other public
documents that identify the need for the dedication.
   (c) If a local agency has determined that the same public purpose
for which the dedication was required does not exist, it shall
reconvey the property to the subdivider or the successor in interest,
as specified in subdivision (a), except for all or any portion of
the property that is required for that same public purpose or for
public utilities.
   (d) If a local agency decides to vacate, lease, sell, or otherwise
dispose of the dedicated property the local agency shall give at
least 60 days notice to the subdivider whose name appears on the
certificate before vacating, leasing, selling, or otherwise disposing
of the dedicated property. This notice is not required if the
dedicated property will be used for the same public purpose for which
it was dedicated.
   (e) This section shall only apply to property required to be
dedicated on or after January 1, 1990.

66478.  Whether by request of a county board of education or
otherwise, a city or county may adopt an ordinance requiring any
subdivider who develops or completes the development of one or more
subdivisions in one or more school districts maintaining an
elementary school to dedicate to the school district, or districts,
within which such subdivisions are to be located, such land as the
local legislative body shall deem to be necessary for the purpose of
constructing thereon such elementary schools as are necessary to
assure the residents of the subdivision adequate public school
service. In no case shall the local legislative body require the
dedication of an amount of land which would make development of the
remaining land held by the subdivider economically unfeasible or
which would exceed the amount of land ordinarily allowed under the
procedures of the State Allocation Board.
   An ordinance adopted pursuant to this section shall not be
applicable to a subdivider who has owned the land being subdivided
for more than 10 years prior to the filing of the tentative maps in
accordance with Article 2 (commencing with Section 66452) of Chapter
3 of this division. The requirement of dedication shall be imposed at
the time of approval of the tentative map. If, within 30 days after
the requirement of dedication is imposed by the city or county, the
school district does not offer to enter into a binding commitment
with the subdivider to accept the dedication, the requirement shall
be automatically terminated. The required dedication may be made any
time before, concurrently with, or up to 60 days after, the filing of
the final map on any portion of the subdivision. The school district
shall, in the event that it accepts the dedication, repay to the
subdivider or his successors the original cost to the subdivider of
the dedicated land, plus a sum equal to the total of the following
amounts:
   (a) The cost of any improvements to the dedicated land since
acquisition by the subdivider.
   (b) The taxes assessed against the dedicated land from the date of
the school district's offer to enter into the binding commitment to
accept the dedication.
   (c) Any other costs incurred by the subdivider in maintenance of
such dedicated land, including interest costs incurred on any loan
covering such land.
   If the land is not used by the school district, as a school site,
within 10 years after dedication, the subdivider shall have the
option to repurchase the property from the district for the amount
paid therefor.
   The school district to which the property is dedicated shall
record a certificate with the county recorder in the county in which
the property is located. The certificate shall contain the following
information:
   (1) The name and address of the subdivider dedicating the
property.
   (2) A legal description of the real property dedicated.
   (3) A statement that the subdivider dedicating the property has an
option to repurchase the property if it is not used by the school
district as a school site within 10 years after dedication.
   (4) Proof of the acceptance of the dedication by the school
district and the date of the acceptance. The certificate shall be
recorded not more than 10 days after the date of acceptance of the
dedication. The subdivider shall have the right to compel the school
district to record such certificate, but until such certificate is
recorded, any rights acquired by any third party dealing in good
faith with the school district shall not be impaired or otherwise
affected by the option right of the subdivider.
   If any subdivider is aggrieved by, or fails to agree to the
reasonableness of any requirement imposed pursuant to this section,
he may bring a special proceeding in the superior court pursuant to
Section 66499.37.

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