Chapter 16.21 — DEDICATIONS AND RESERVATIONS

The purpose of this chapter is to set forth requirements for dedications and reservations related to the division of land. This chapter sets forth actions required of a subdivider as conditions of approval for tentative parcel maps, tentative subdivision maps, or waiver of parcel map. (Ord. 936 § 1, 1992)

Dedications for divisions of land which are not a land division of five or more lots shall be limited to the dedication of rights-of-way, easements and the construction of reasonable offsite and on-site improvements for the parcels being created. Requirements for the construction of off-site and on-site improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or on a separate instrument and shall be recorded on, concurrent with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

(Ord. 936 § 1, 1992)

• A. In any action establishing, increasing or imposing a fee as a condition of approval for a subdivision, the city shall do all of the following:

  1. Identify the purpose of the fee.

  2. Identify the purpose to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified.

  3. Determine how there is a reasonable relationship between the fee's use and the type of development project planned for the subdivision on which the fee is imposed.

  4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project planned for the subdivision on which the fee is imposed.

• B. In any action imposing a fee as a condition of approval of a subdivision by the city, the city shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the subdivision on which the fee is imposed.

• C. Upon receipt of a fee subject to this section, the city shall deposit, invest, account for, and expend the fees pursuant to Government Code Section 66006.

• D. The local agency shall make findings once each year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable

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City of Manteca, CA

SUBDIVISIONS

§ 16.21.030

§ 16.21.050

relationship between the fee and the purpose for which it was charged. The findings required by this subdivision shall be required for moneys in the possession of the city only and are not required with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date.

• E. The city shall refund to the then current record owner or owners of lots or units of the subdivision(s) on a prorated basis the unexpended or uncommitted portion of the fees, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection (D) of this section. Such refunds shall be made pursuant to Government Code Section 66001(f) and (e) .

• (Ord. 936 § 1, 1992)

• A. As a condition of approval of a tentative subdivision or tentative parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the land division that are needed for streets and alleys, including access rights and abutter's rights, drainage, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. Improvements shall be in accordance with Chapter 16.23 of this title and the city standard plans and specifications.

• B. The city may require as a condition of approval of any land division the waiver of direct access rights to proposed or existing streets from any property within or abutting the land division. The waiver shall become effective in accordance with its provisions and shall be contained in the owners certificate of the final map.

• (Ord. 936 § 1, 1992)

• A. If a land division or any portion thereof lies within an area of benefit established in accordance with this section or any other ordinance of the city adopted pursuant to Section 66484 of the Subdivision Map Act, the subdivider shall pay to the city the apportioned fees applicable to that portion of the land division lying within such area of benefit, in accordance with the requirements of subsection 6.21.060(F)(8) of this chapter. This subsection shall not apply unless the circulation element of the general plan has been adopted at least thirty days prior to the filing of the tentative map for such land division.

• B. The city council may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in the preceding paragraph, if the council finds that such consideration has a value not less than the fees that would otherwise be payable.

• C. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof:

  1. Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.

  2. Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for

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City of Manteca, CA § 16.21.050

MANTECA CODE

• D. If the city council finds that the consideration in lieu of fees has a value in excess of the amount of fees that would otherwise be payable, the council may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement.

• E. A subdivider shall be required to construct any necessary bridge facilities, major thoroughfares, parts thereof, or contribute to bridge facility or major thoroughfare costs if the city council finds that:

  1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such bridges or major thoroughfares; or

  2. A proceeding has been commenced for establishment of an area of benefit for such bridge project or major thoroughfare project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such bridge would by reason of traffic, including but not limited to traffic which may be generated by such land division, constitute a hazard to public safety.

• F. An area of benefit as referred to in this section shall be established in the manner following:

  1. A public hearing shall be held by the city council for each area of benefit to be established. Notice of such hearing shall be given pursuant to Section 65091 of the California Government Code. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge project or major thoroughfare project, as the case may be, the proposed allocation to the area of benefit, and the proposed method of fee appointment. Such notice shall also state the date, time and place of the public hearing, and that written protests may be filed as provided in this section.

  2. Written protests may be filed with the city clerk by owners of property within the proposed area of benefit at any time prior to the date and time fixed for such public hearing. Any protest may be withdrawn by the owner of the land making the protest by a request in writing filed with the city clerk at any time prior to conclusions of such public hearing.

  3. If there is a written protest by the owners of more than one-half of the area of the property to be benefitted by the improvement, not withdrawn prior to the conclusion of the hearing, against establishment of such area of benefit or against the proposed improvements or acquisitions, then the proceedings shall be abandoned, and the city council shall not, for at least one year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions.

not withdrawn prior to the conclusion of the hearing, against establishment of such area of benefit or against the proposed improvements or acquisitions, then the proceedings shall be abandoned, and the city council shall not, for at least one year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions.

4. If there is a written protest by the owners of more than one-half of the area of the property to be benefitted by the improvement, not withdrawn prior to the conclusion of the hearing, against only a portion of the proposed improvement or acquisition, then the proceedings shall be abandoned with respect to the proposed improvement or acquisition protested against, and the city council shall not, for at least one year from

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City of Manteca, CA

SUBDIVISIONS

§ 16.21.050

§ 16.21.050

the date of such hearing, commence or carry on any proceedings for the establishment of an area of benefit for the improvement or acquisition so protested against. Nothing in this subsection shall be deemed to prohibit the council, within such one year period, from commencing or carrying on new proceedings for the establishment of an area of benefit for the part of the improvement or acquisition protested, if it finds by the affirmative vote of at least four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition.

5. At such public hearing, the city council shall determine whether to establish such area of benefit, and if so, shall adopt a resolution prescribing the boundaries of the area of benefit, stating the cost, whether actual or estimated, a fair method of allocation of costs to the area of benefit, and a fair apportionment of fees. A certified copy of such resolution shall be filed for record with the county recorder.

6. In case of a requirement for any bridge, the city council shall find that, prior to said public hearing, the city has adopted at least thirty days prior to the filing of any tentative map, a circulation element as part of the general plan, which identifies railways, freeways, streams or canyons for which bridge crossings are required, and that the bridge or each bridge for which such area of benefit is established is one necessary to satisfy such bridge crossing requirement in such element or provisions of the general plan.

7. In case of a requirement for any major thoroughfare, the city council shall find that, prior to said public hearing, the city has adopted at least thirty days prior to the filing of any tentative map, a circulation element as part of the general plan which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element.

days prior to the filing of any tentative map, a circulation element as part of the general plan which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element.

8. The resolution adopted by the council shall require that the apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of any final map or any parcel map or a condition to issuing a building permit thereon, consistent with the provisions of Section 53077.5 of the California Government Code.

9. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such hearing.

10. Where the area of benefit includes lands 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 lands from other sources.

11. In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare.

12. In case of major thoroughfares, the payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of establishment of the zone of benefit.

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City of Manteca, CA

MANTECA CODE

§ 16.21.050

§ 16.21.050

13. In the case of a planned bridge facility, the payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area of benefit or is an addition to an existing bridge facility serving such area at the time of establishment of the zone of benefit. No fees contributed shall be expended to reimburse the cost of construction of any bridge existing at the time of establishment of the zone of benefit.

• G. A planned bridge facility fund shall be established for a bridge project within an area of benefit, or if the area of benefit is one in which more than one bridge is required to be constructed, a fund shall be established covering all such bridge projects. Fees paid pursuant to this section on account of a bridge or bridges within an area of benefit shall be deposited into the fund for such area.

• H. A planned major thoroughfare fund shall be established for each planned major thoroughfare project and each particular area of benefit which it benefits. Fees paid pursuant to this section on account of a major thoroughfare project within an area of benefit shall be deposited into the fund for such area.

• I. Moneys in each such fund shall be expended therefrom solely for the construction of the improvement project serving the area to be benefitted as follows:

1. To reimburse the city for costs advanced or incurred by it for construction of such improvement project or any portion thereof; and

   2. To reimburse any subdivider for the agreed portion of his or her costs of construction of such improvement project, or portion thereof, in accordance with a reimbursement agreement entered into with the city, as mentioned in subsection D of this section.

      • In case there are insufficient moneys in such fund for all of the purposes mentioned in this section, such moneys in the fund shall be apportioned pro rata to each such purpose.

• J. After completion of all bridge facility projects for which a planned bridge facility fund has been established or all major thoroughfare projects for which a planned major thoroughfare fund has been established, or in the event of abandonment of any such project, and after reimbursement of the city and each subdivider entitled thereto under a reimbursement agreement, as mentioned in subsection D of this section, the city council shall determine by resolution the amount of the surplus, if any, remaining in any such funds or as may accumulate in such funds from time to time. The council shall order any such surplus refunded as follows:

  1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular area of benefit For the purposes of this paragraph the term "property for which a fee was previously collected" shall be deemed to include land within any land division with respect to which such fees were paid as a condition to its approval and any building with respect to which such fees were paid as a condition to issuing a building permit therefor. For purposes of this paragraph the term "fee collected" shall include, in the case of a subdivider who has entered into a reimbursement agreement with the city, the aggregate amount of cash fees and the value of the consideration in lieu of fees furnished by such subdivider.

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City of Manteca, CA

SUBDIVISIONS

§ 16.21.050

§ 16.21.080

2. Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.

3. There shall be transferred to the city general fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date of adoption of the resolution declaring a surplus.

For the purposes of this paragraph, the term "fee collected" or any variation thereof, shall also be deemed to include the amount of fees that would have been payable by a subdivider but for furnishing consideration in lieu of fees.

• K. The city council may authorize advancement of money from the city general fund or from the road fund to pay the cost of constructing any bridge project or major thoroughfare project and may reimburse such fund or funds for such advances from the planned bridge facility fund or the planned major thoroughfare fund established to finance the construction of such improvements.

• L. Nothing in this section shall be deemed to preclude the city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to an area of benefit.

• M. Nothing in this section shall be deemed to preclude the subdivider from volunteering to construct a bridge or major thoroughfare or part thereof, or to contribute to the cost thereof, in excess of the cost of a local facility, nor to preclude the city from participating in such construction or carrying out such construction using money so contributed.

• (Ord. 936 § 1, 1992)

In accordance with Government Code Section 66483, the city council or the planning commission, as appropriate and as permitted by law, shall require payment of fees for purposes of defraying the costs of constructing planned drainage facilities if any part of the land division is located within a planned drainage area. If the subdivider installs planned drainage facilities, fees shall be reduced accordingly. Fees required pursuant to this section and associated with residential development shall be paid consistent with the provisions of Section66007 of the California Government Code.

(Ord. 936 § 1, 1992)

If the question of railway crossings is involved, the city council or the planning commission, as appropriate, shall consider the plan of the land division in its relation to the probability of grade separation or other treatment of such crossings, and shall require as permitted by law such provisions in the design of the land division as will prevent interference with future grade separation or such other treatment. If a grade separation is identified in the circulation element of the general plan, the subdivider shall dedicate or make an irrevocable offer for dedication the rights-of-way required for this improvement.

(Ord. 936 § 1, 1992)

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City of Manteca, CA

MANTECA CODE

§ 16.21.080

§ 16.21.100

As a condition of approval of a tentative map, in accordance with Government Code Section 66475.2, and as permitted by law, the subdivider may be required to dedicate, or make an irrevocable offer of dedication of land within the land division for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities and similar items which directly benefit the residents of the land division, if:

• A. The land division as shown on the tentative map has the potential for two hundred dwellings or more if developed to the maximum density shown on the general plan or contains one hundred acres or more; and

• B. If the city finds that transit services are or will, within a reasonable period of time, be made available to the land division.

The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the land division airspace in an existing apartment building which is more than five years old where no new dwelling units are added.

(Ord. 936 § 1, 1992)

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the land division shall have the right to receive sunlight across adjacent parcels or units in the land division for any solar energy system, as defined in Section 801.5 of the California Civil Code. In establishing such easements, considerations shall be given to feasibility, contour, configuration of the parcel to be divided, and cost. Required 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.

At the time of tentative map approval, the planning commission or city council, as the case may be, shall specify the following:

• A. The standards for determining the exact dimensions and locations of such easements;

• B. Any restrictions on vegetation, buildings and other objects that would obstruct the passage of sunlight through the easement;

• C. The terms for conditions, if any, under which an easement may be revised or terminated.

The foregoing provisions of this section do not apply to condominium projects which consist of the land division of airspace in an existing apartment building where no new dwelling units are added.

(Ord. 936 § 1, 1992)

As a condition of approval of a tentative map, or a tentative parcel map, and in accordance with Government Code Section 66478, a subdivider who develops or completes the development

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City of Manteca, CA

SUBDIVISIONS

§ 16.21.100

§ 16.21.120

of one or more land division which the Manteca Unified School District shall dedicate to the school district such lands as the city shall deem necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the land division adequate public school service.

• A. The requirement for 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 school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall automatically be terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map or parcel map on any portion of the land division.

• B. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

  1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

  2. 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;

  3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

• C. The provisions of 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 map.

• (Ord. 936 § 1, 1992)

Whenever the city imposes as a condition to its approval of a tentative map or a tentative parcel map a requirement that necessitates replacing, undergrounding or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the city be obligated for reimbursement of any costs for the replacement, undergrounding or relocation of telephone corporation or cable television system facilities. (Ord. 936 § 1, 1992)

• A. As a condition of approval of a tentative map, and in accordance with Government Code Section 66479 et seq., 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 this section.

• B. Where a park, recreational facility, fire station, library or other public use is shown on an

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City of Manteca, CA

MANTECA CODE

§ 16.21.120

§ 16.21.130

adopted specific plan, the general plan, or a recreation district's master park and recreation plan, the subdivider may be required by the city to reserve sites as determined by the city in accordance with the goals, policies and standards contained in the specific plan, general plan, and master park and recreation plan, as applicable. The reserved area must be of such size and shape to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The reserved area shall conform to the adopted specific plan, general plan, and master park and recreation plan, as applicable, 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.

• C. The public agency for whose benefit an area has been reserved shall, at the time of recordation 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 the period of time is extended by mutual agreement.

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

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

• (Ord. 936 § 1, 1992)

• A. Recorded final maps may be amended; provided, that after a public hearing conducted before the city council, the city council finds all of the following:

  1. That there are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary; and

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

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

  4. That the map as modified conforms to the provisions of Government Code Section 66474.

• B. The public hearing required hereunder shall be held in compliance with Government Code Section 66451.3 and shall be confined to consideration of and action on the proposed modification.

• (Ord. 1054 § 1, 1997)

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City of Manteca, CA

SUBDIVISIONS

§ 16.23.010

§ 16.23.030