Chapter 17.58 — DEDICATIONS AND EXACTIONS

This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Compliance Required. All proposed subdivisions shall comply with the requirements of this article for dedications, reservations, or the payment of fees.

B.

Conditions of Approval. The requirements of this article as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the tentative map.

(Ord. No. 1869, § 2, 2-20-2013)

The review authority may require any of the dedications or exactions described in this article through conditions of approval of a proposed tentative map only after first making findings which:

A.

Identify the purpose for the dedication or exaction; and

B.

Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Dedication Requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the review authority determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:

Have owned the land being subdivided for less than ten years before filing the tentative map; and

Develop, or complete the development, of a subdivision of more than four hundred dwelling units within a single school district, within a period of three years or less.

B.

Tentative Map Approval. If the Lodi Unified School District, as applicable, responds to the referral of the tentative map application (Section 17.52.030) with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the review authority shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act Section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically unfeasible, or substantially exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

C.

Timing of Dedication. The required dedication may occur before, concurrently with, or up to sixty days after the filing of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.

D.

Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within thirty days after the requirement is imposed by the review authority, the school district makes a

binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first four hundred dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code Section 11525.2.

E.

Judicial Review. Any person who is aggrieved by or fails to agree to the reasonableness of any requirement imposed in compliance with this section may bring a special proceeding in the Superior Court in compliance with Map Act Section 66499.37.

F.

Reversion of Land—Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted and the school district within ten years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.

(Ord. No. 1869, § 2, 2-20-2013)

As a condition of approval of a tentative map, the city may require the subdivider to reserve sites appropriate in area and location for fire stations, libraries or other public uses, pay an in-lieu fee or both at the option of the city in compliance with this section.

A.

Standards for Reservation of Land.

Location of Land. Where a fire station, library, or other public use is shown in the general plan or applicable specific plan, the subdivider may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.

Configuration. The reserved area shall be of a size and shape that will permit the balance of the property 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 land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection B following (Procedure for Reservation of Land).

B.

Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the parcel or final map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.

C.

Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time the tentative map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.

D.

Termination of Reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in subsection B above (Procedure for Reservation of Land), the reservation shall automatically terminate.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

B.

Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the city's improvement standards.

C.

Rights-of-way, Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.

D.

Limited Access Designation. Whenever the review authority finds a safety hazard would be created as the result of direct access, the review authority may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting the street, and that if the dedication is accepted, the waiver shall become effective

in compliance with the provisions of the waiver of direct access. The review authority may also require waivers of access to an existing street already dedicated which abuts the subdivision.

E.

Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision may be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if deemed necessary by the public works director, and if, in compliance with Map Act Section 66475.2:

The subdivision as shown on the tentative map has the potential for two hundred dwelling units or more if developed to the maximum density shown in the general plan; and

The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

F.

Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the general plan, parks and recreation or bikeways master plans, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.

(Ord. No. 1869, § 2, 2-20-2013)