§ 16.28

A.

The city may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following conditions:

1.

The requirement is based upon the General Plan, Municipal Code, or an adopted specific plan, and the required reservations are in accordance with definite principles and standards contained therein.

2.

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.

3.

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

B.

The reserved area shall conform to the General Plan, Municipal Code, or applicable specific plan.

C.

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements unless such period of time is extended by mutual agreement.

D.

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. No. 642, § 3, 5-23-2022)

A.

In accordance with Government Code 66478, a subdivider who develops or completes the development of one (1) or more subdivisions in one (1) or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the council deems 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; except that the council shall not require the dedication of an amount of land which would make the 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.

B.

This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative subdivision map.

C.

The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map. If, within 30 days after the requirement of dedication is imposed, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.

D.

The required dedication shall be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map for any portion of the subdivision.

E.

In the event the school district accepts the dedication, it shall repay the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus such other additional cost and expenses of the subdivider as are more particularly provided in Section 66478 of the Government Code.

F.

In the event the land is not used by the school district as a school site within ten (10) years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor, together with interest at the rate of seven (7) percent per year from the date of payment by the district to the date the option is exercised.

G.

The school district to which the property is dedicated shall record a certificate with the county recorder containing all information required by Government Code Section 66478.

(Ord. No. 642, § 3, 5-23-2022)

A.

The city may require the subdivider to install improvements for the benefit of the subdivision that may contain supplemental size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public. The city shall reimburse for that portion of the cost of such improvements pursuant to the provisions of Sections 66485 et seq. of the Subdivision Map. The method of reimbursement shall be identified in the subdivision improvement agreement.

B.

If the city has adopted a local drainage, water or sanitary sewer plan or map as required for the imposition of fees or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs the facilities, bridges or thoroughfares, and the charges collected by the city therefor may be utilized to reimburse the subdivider.

(Ord. No. 642, § 3, 5-23-2022)