Carpinteria Municipal Code Ch. 16.20 Public Site and Bridge and Thoroughfare Dedication

The advisory agency or city council may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

(Prior code § 10402)

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Carpinteria Unified School District shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Prior code § 10403)

The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the city, the Carpinteria Unified 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 sixty days after the filing of the final map on any portion of the subdivision.

(Prior code § 10404)

The Carpinteria Unified School District shall, if 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 districts 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.

(Prior code § 10405)

The provisions of Sections 16.20.010 through 16.20.040, inclusive, shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps.

(Prior code § 10406)

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in Section 16.20.070.

(Prior code § 10407)

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building-element, the subdivider may be required by the city council to reserve sites as so determined by the city council in accordance with the definite principles and standards contained in such specific plan or general plan. The reserved area must be 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. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(Prior code § 10408)

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 years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Prior code § 10409)

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(Prior code § 10410)

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

(Prior code § 10411)

The purpose of Sections 16.20.110 through 16.20.240 relating to bridge crossings and major thoroughfares is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code.

(Prior code § 10412)

For purposes of Sections 16.20.130 through 16.20.220 "construction" includes design, acquisition of right-of-way administration of construction contracts and actual construction.

(Prior code § 10421)

The city has adopted a circulation element of the general plan and, in the case of bridges, to the transportation or flood-control provisions thereof which identify railways, freeways, streams or canyons for which bridge crossings are required on general plan or local roads and, in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares as to which the primary purpose is to carry through traffic and provide a network connecting to the state highway system, and such provisions have been adopted for more than thirty days prior to the adoption of Sections 16.20.130 through 16.20.220.

(Prior code § 10413)

The provisions of Sections 16.20.130 through 16.20.230 are to provide a system for the apportionment and collection of fees as conditions of approval of a subdivision map or of the issuing of a building permit to defraying the actual or estimated cost of constructing bridges within their benefited area of each such bridge.

(Prior code § 10414)

A. Sections 16.20.130 through 16.20.230 shall be liberally construed to effectuate their purposes. No error, irregularity, informality, and no neglect or omission of any officer in any procedure taken under such sections which does not directly affect the jurisdiction of the city to order the bridge work or improvement, to collect fees therefore, or to pay therefore, shall void or invalidate such proceeding or any collection of fees for the cost of such bridges. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the city council.

B. Whenever for any proceedings under Sections 16.20.130 through 16.20.220 a time and place for any hearing of the city council be fixed and, for any cause, the hearing is not then and there held or regularly adjourned to a time and place fixed, the power of the city council in the premises shall not thereby be divested or lost, but the city council may proceed anew to affix time and place for hearing and cause notice pursuant to Section 65905 of the California Government Code, and there the city council shall have the power to act as in the first instance.

(Prior code § 10415)

A. Before ordering any work to be done under Sections 16.20.130 through 16.20.220 or the collection of any fees therefore, the city council shall require the city engineer to furnish it with preliminary plans and specifications for the proposed bridge construction, improvement or acquisition, and thereafter shall pass a resolution of intention to establish a bridge benefit area, which resolution shall refer to the bridge by its location, describe the construction work and acquisition which is to be done and its estimated cost, the proposed method of fee apportionment, and describe the preliminary information relating to the boundary of the area to be benefited thereby, by:

1. Stating its exterior boundaries; or

2. Giving a description thereof according to any official record or map; or

3. Referring to a map or plan on file in the office of the city clerk at the time of passage of such resolution of intention, which shall indicate by boundary line the exterior extent of the territory included in the proposed benefit area, and shall govern for all details as to the extent of the benefited area. The area benefited for this purpose may include land or improvements in addition to land and improvements which are subject to the provisions of any subdivision map or building permit application considered at such proceedings.

B. Subsequent to the adoption of the resolution of intent provided by this section, the city council shall cause to be given a notice of the public hearing for area benefited pursuant to Section 65905 of the California Government Code, which notice shall include a copy of the resolution of intention.

(Prior code § 16.20.160)

A. Protests to Terminate. At the public hearing provided for in Section 16.20.160, written protests may be filed with the city clerk by the owners of property proposed to be benefited by the bridge construction, acquisition and improvement. If the owners of more than one-half of the area proposed to be benefited shall protect in writing such bridge construction, acquisition and improvements and such protects have not been withdrawn so as to reduce the area represented to less than one-half of that benefited, the proceedings commenced pursuant to Section 16.20.130 through 16.20.220, shall be abandoned by the city council, and thereafter, for a period of one year, the city council shall not commence or carry on any proceedings for the same bridge construction, acquisition and improvement as provided pursuant to such resolution. Any protest filed for such construction, acquisition and improvement may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of the public hearing provided in Section 16.20.180.

B. Protests as to Portion of Project—Changes in Protests. If any majority protest of benefited area is directed only against a portion of the bridge construction, acquisition and improvement, then all further proceedings to construct that portion of the construction, acquisition and improvement so protested shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings, not including any part of the bridge construction, acquisition and improvement so protested. Nothing in this section shall prohibit the city council, within one-year period, from commencing and carrying-on new proceedings for the construction of the improvement so protested against if it finds by affirmative four-fifths vote of its members that the owners of a majority of the property within the area of benefit are in favor of going forward with all or such portion of the bridge constructions acquisition or improvement.

(Prior code § 10417)

A. At the public hearing provided for in Sections 16.20.160 and 16.20.180, or any continuation thereof, the city shall hear and consider evidence on the boundaries or areas of benefit the cost of the proposed bridge, whether actual or estimated, and the fair method of fee apportionment to be established. At the close of such public hearing or at any time subsequent thereto, the city council shall by resolution fix and establish the boundaries of the area of benefit by such bridge, establish its construction costs, whether actual or estimated, and determine a fair method of apportionment of the cost thereof to the benefited area and fix and determine the fees established for each lot, parcel or area thereof. A certified copy of such resolution establishing the same shall be recorded in the office of the county recorder in Santa Barbara County. For this purpose, the apportioned fees shall be applicable to all properties within the area of benefit, and shall be payable as a condition of approval of a final subdivision map or as a condition of issuing a building permit for such property or portions thereof. The method of fee apportionment, in the case of major thoroughfares, shall not provide higher fees on land which abuts the proposed improvement, except where the abutting property provides direct usable access to the major thoroughfare.

B. Where the area benefited includes land not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement costs apportioned to such land from other sources. The payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of adoption of the boundaries of the area benefited. Such fees shall not be expended to reimburse the cost of existing bridge facility construction.

(Prior code § 10418)

A. The fees paid pursuant to Section 16.20.180 shall be deposited in an account called "planned bridge facility fund," with a separate account to be established for each bridge facility project. The moneys in such account shall be expended solely for the construction or reimbursement of the construction costs of the bridge facility serving the area to be benefited and for which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the bridge facility.

B. The city may advance moneys from its general fund or road fund to pay the cost of construction of bridge facilities and may reimburse the general fund or road fund for such advances from the bridge facility funds established to finance the construction of such bridge facilities.

C. The city may incur indebtedness for the construction of such bridge facilities provided that the sole security for repayment of such indebtedness shall be moneys in the planned bridge facility funds.

(Prior code § 10419)

The city council may, in lieu of payment of fees established pursuant to Section 16.20.180, provide for alternative acceptance of consideration in lieu thereof.

(Prior code § 10420)

Whenever a subdivider or land developer is required to pay a fee for the construction of a bridge as a condition precedent as provided in Section 16.20.070 to the acceptance of a final map or as a condition of issuing a building permit, and the facility is dedicated to the public, the city council may contract with the subdivider or land developer for the construction of the bridge, and reimburse the subdivider or land developer for the actual construction costs of such facility.

(Prior code § 10422)

The city council may establish an area of benefit under Sections 16.20.120 through 16.20.220, and may impose a reasonable charge on the property within the area which, in the opinion of the city council, is benefitted by the construction of the bridge. The charge as collected shall be paid to the city and the city thereafter may enter into a reimbursement agreement with the subdivider.

(Prior code § 10423)

Nothing in Sections 16.20.120 through 16.20.220 shall be deemed to prevent or preclude the city from accepting and holding a cash deposit on behalf of any subdivider for future construction of a proposed bridge facility as the condition of approval of any final map where the same is given by the subdivider in lieu of following the procedures set forth in Sections 16.20.130 and 16.20.220.

(Prior code § 10424)