Mendota Municipal Code Ch. 16.40 Public Dedications and Fees

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.

B. Dedications for bicycle paths may only be required for subdivisions which have two hundred (200) lots or more on the final map.

(Prior code § 14.10.001)

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 city council deems to be necessary to assure the residents of the subdivision adequate public school service, except that the city 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 city council. If, within thirty (30) days after the requirement of dedication is imposed by the city 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 (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 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 said Section 66478.

(Prior code § 14.10.003)

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 adopted specific 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; 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 to 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.

(Prior code § 14.10.004)