Chowchilla Municipal Code Ch. 17.36 Miscellaneous Provisions

A. Pedestrian walkways or bikeways may be required where needed for:

1. Access to schools, playgrounds or parks, shopping centers, or other public areas;

2. Traffic safety;

3. Access through unusually long blocks;

4. Access to public areas shown on the approved general plan.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The council may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or constructing major thoroughfares subject to the following requirements:

A. Fees may be required for facilities as provided by Section 66484(a) of the Subdivision Map Act when they are identified by the circulation element, transportation or flood-control provisions of the general plan.

B. A public hearing shall be held, and notice shall be given as provided in Section 66484(b) of the Subdivision Map Act.

C. The boundaries of the area of benefit, the costs, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be determined at a public hearing as provided by Section 66484(c) of the Subdivision Map Act.

D. Fees shall not be required unless the requirements of Sections 66484(d) and (e) have been met.

E. Protest may be filed, and proceedings shall be abandoned, as provided in Section 66484(f) of the Subdivision Map Act.

F. All procedures for imposing and handling fees shall be as provided by Section 66484 of the Subdivision Map Act.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

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 an adopted specific plan or an adopted general plan containing a community facilities element, a recreation and parks element, or a public building element, 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 or applicable specific 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. In such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

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 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 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.

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. 492-18, § 2(Att. A), 12-11-2018)

A. A subdivider who develops or completes the development of one or more subdivisions in one 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 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 by the council. If, within thirty days after the requirement of dedication is imposed by the council, 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 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 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 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 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 therein all information required by the Section 66478.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. Supplemental Improvements—Requirement. The subdivider may be required to install improvements for the benefit of the subdivision which 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. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements, pursuant to the provisions of Sections 66485 et seq. of the Subdivision Map Act.

B. Supplemental Improvements—Reimbursement Agreement—Funding Procedures. No charge, areas of benefit, or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 17.36.020 is held thereon by the council, and the council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. The notice required by Section 17.36.020 shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

C. Supplemental Improvements—Drainage, Sewerage, Water, Bridges and Major Thoroughfares. 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 as set forth herein.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

In addition to amendments authorized by Section 66469 of the Government Code, and pursuant to the provisions of Section 66472.1 of the Government Code, a final map or a parcel map already filed with the county recorder may be amended or modified by a certificate of correction or an amending map, by following the procedures set forth in this Section 17.36.060 of the municipal code.

A. The application for modification shall have attached to it a copy of the proposed amending map, if the application is to modify by amending the map, or shall have attached a copy of the documents necessary to certify a correction of the existing map. At the time of the filing of the application for modification, the procedures set forth in Section 17.24.020 shall be followed exactly as if the application and the amending map were a final map, including payment of application fees.

1. An application for modification shall not be considered as filed until the city engineer has reviewed and certified the amending map and application in accordance with the procedure specified in Section 17.24.040, insofar as the city engineer determines that the modification necessitates any or all those procedures.

2. In all other regards, the application and its attachments shall conform to the requirements set forth in Sections 17.24.050 through 17.24.240 of this code, insofar as the city engineer shall determine such steps are necessary based on the specific modification or modifications requested.

B. The council shall, within a period of ten days after the filing of the complete application, or at the council's next regular meeting after the completion of the application, whichever is later, consider the application to determine if it is in conformity with all the requirements of this title and the Subdivision Map Act applicable at the time of the application. In all other regards, the action of the council on the application shall follow the procedure set forth in Section 17.24.050 of this code, exactly as if the application were a final map.

C. The council may approve the application if the council finds all the following:

1. There are changes in circumstance which make any or all the conditions of the existing map no longer appropriate or necessary; and

2. That the modifications proposed do not impose any additional burden on the present fee owner of the property; and

3. The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

4. The council finds that the map as modified conforms to the provisions of Section 66474 of the Government Code.

D. To make a determination as to whether the elements set forth in subsection B of this section are met in a particular circumstance, the council shall set the matter for a public hearing as provided for in Section 66451.3 of the Government Code. The council shall confine the hearing to consideration of and action on the proposed modification to the existing map of record.

E. The fee for the city's processing of the application for modification of a recorded map, over and above what is charged for an initial processing of the map shall be $ _______, payable at the time of the initiation of the request by the requesting party to the city. The amount of this fee shall be reexamined from time to time by the council and may be changed by subsequent resolution of the council.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)