Monterey County Municipal Code Ch. 19.12 Dedications, Reservations and Easements

A. As a condition of approval of a final or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all land within the subdivision that is reasonably necessary to meet public needs arising as a result of public streets and alleys, including access rights and abutters' rights; drainage; public greenways; scenic easements, public utility easements; and other public easements. The subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; and drainage, public utility and other public easements in accordance with Chapter 19.10 of this Title. Rights-of-way shall be of sufficient size to accommodate the required improvements addition, where parcels front on a County 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 improvement of the facility.

B. If the subdivision, as shown on the final map, contains two hundred (200) or more parcels, any subdivider who is required to dedicate roadways to the public, may be required to dedicate additional land for bicycle paths for the use and safety of the public.

C. Whenever the subdivision falls within an area marked for the development of bikeways, hiking or equestrian trails in the General Plan, Area Plan, Master Plan or specific plan, or implementing legislation, the subdivider shall dedicate such land as is necessary and feasible to provide for such ways.

A. General. This Section is enacted pursuant to the authority granted by the Subdivision Map Act and is for the purpose of providing such additional park, recreational facilities and open space as appropriate pursuant to the General Plan of the County. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this Title are in accordance with the policies, principles and standards for park and recreational facilities contained in the General Plan. (Policy 51).

For purposes of this Title, park and recreational purposes shall include land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale.

B. Requirements. As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the County, for park or recreational purposes at the time and according to the standards and formula contained in this Chapter. The land dedicated or the fees paid, or both, shall be used for local or regional community and neighborhood parks and recreational facilities in such a manner that the locations and use of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the inhabitants of the subdivision generating such dedication or fees, or both.

C. General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that three acres of property for each one thousand (1,000) persons residing within the unincorporated area of the County be devoted to local park and recreation purposes.

D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet the purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:

* Based on three acres of parkland per 1,000 population

The following parkland dedication table, based on the above formula, is to be followed:

For the purpose of this Section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved final development plan. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the tent map is approved.

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director of Planning, the Director of Public Works, and the Director of Parks and Recreation in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this Section shall be construed to provide the land for functional action recreational recreation units of on a local level of service which reasonably serves the subdivision and which or neighborhood service, including but not limited to: tot lots, play field lots, playgrounds, neighborhood parks, playfields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizens citizen and child care activities. Principal consideration shall be given therefore to lands that offer:

1. A variety of recreational potential for all age groups;

2. Recreational opportunities within walking distance from residents homes;

3. Possibility for expansion or connection with school grounds;

4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;

5. Coordination with all other park systems; and

6. Access to at least one existing or proposed public street.

E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreational facility designated in the General Plan to be served the immediate and future needs of the residents of the subdivision, the subdivider shall, either dedicate land in the amount provided in Section 19.12.010D or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 19.12.010D and in an amount determined in accordance with the provisions of Section 19.12.010G.

2. Fees in Lieu of Land—Fifty (50) Parcels or Less. Except as provided in Section 19.12.010F, if the subdivision does not provide and has no park or recreational facilities facility, the subdivider pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 19.12.010D and in an amount determined in accordance with the provisions of Section 19.12.010G.

3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to Section 19.12.010K, for the purpose of acquisition, development, maintenance and operation for County regional park units, developing new or rehabilitation existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, a accordance with established in lieu recreation fee districts developed by the Department of Planning and the County Parks Department, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.

F. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than fifty (50) parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty (50) dwelling units although the actual numb parcels may be less than fifty (50), the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 19.12.010G shall be paid for any additional land that would have been required to be dedicated pursuant to Section 19.12.010G.

2. When a major part of the local park or recreational site has already been acquired by the County and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 19.12.010G shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 19.12.010D. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other local neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

G. Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the unimproved land being subdivided and the estimated fair market value of the land which would otherwise be required to be dedicated according to Section 19.12.010D.

The fair market value shall be as determined by the County Assessor at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the County to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County and the subdivider, which appraisal will be considered by the County in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

For purposes of determining fair market value pursuant to this Subsection, the County Assessor and any appraiser shall consider, among other things:

1. Conditions of approval of the tentative map;

2. The General Plan and zoning requirements for the area;

3. The location and site characteristics of the property; and

4. Off-site and on-site improvements facilitating use of the property.

H. Determination of Land or Fee. Whether the County accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by consideration of the following:

1. Policies, standards and principles for park and recreation facilities in the General Plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. Feasibility of dedication;

5. Compatibility of dedication with the General Plan;

6. Availability of existing local or regional previously acquired park property within a reasonable distance from the subdivision.

The determination by the County as to whether land shall be dedicated dedication, or whether a fee shall be charged, or a combination, shall be final and conclusive.

Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Section.

Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 10003.1, 11003.4, and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the Board of Supervisors, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development which fulfills the primary intent of this Title of providing land for functional active recreational units of the types included under Section 19.12.010D is usable for active recreational uses. No credit will be given for common open space areas, dedicated scenic easements, dedicated hiking or riding trails or other passive space recreational uses.

J. Procedure.

1. At the time of the approval or conditional approval of the tentative map, the Board of Supervisors, shall determine, after a report and recommendation from the Director of Parks shall recommend to the Board of Supervisors and Recreation, whether land, in-lieu fees, or a combination of land and fees, shall be dedication and/or paid by the subdivider.

2. The Board of Supervisors, may approve, modify, or disapprove the recommendation of the Director of Parks and Recreation; provided, however, any modification of the proposed recommended condition not previously considered by the Director of Parks and Recreation shall first be referred back to the Parks and Community Services Director of Parks for a report and further recommendation. Director of Parks and Recreation shall report back to the Board of Supervisors within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Board of Supervisors may adopt the condition.

3. The recommendation of the Director of Parks and Recreation shall include the following:

a. The amount of land required; or

b. That a fee be charged in lieu of land; or

c. That a combination of land and a fee be required; and

d. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

e. The approximate time when the development of the park of recreation facility shall commence.

4. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the County.

5. Prior to the approval of the final map or parcel map, the subdivision shall develop a park and recreation facility schedule to include the following:

a. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

b. The approximate time when the development of the park and recreation facility shall commence.

6. Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the Director of Parks and Recreation prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map.

7. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the County.

K. Schedule of Use. At the time of the approval of the final map or parcel map, the Director of Parks and Recreation shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop or rehabilitate park of recreational facilities to serve the residents of the subdivision.

L. Not Applicable to Certain Subdivisions. The provisions of this Section 19.12.010 shall not apply to the following:

1. Subdivisions containing four or less parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee pursuant to this Section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

2. Commercial or industrial subdivisions.

3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 5135, § 85, 7-7-2009)

This Section provides for the dedication of land, payment of fees, dedication of facilities, or a combination, for elementary or high school classrooms and related facilities upon the making of certain findings, as a condition of the approval of a residential development.

This Section shall be known and may be cited as the "School Facilities/Fees Dedication Ordinance".

This Section is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code of California.

The purpose of this Section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

The Board of Supervisors may, from time to time, by Resolution, issue regulations to provide for the administration and implementation of this Section.

The County of Monterey General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the General Plan.

Whenever there is consideration of an area within a development for a public school site advisory agency shall give the State Department of Education written notice of the proposed site. If the site is within the distance of an airport runway as described in Section 39005 of the Education Code, the Department shall notify the State Department of Transportation as required by the section. The Department of Education shall investigate the proposed site and, with thirty-five (35) days after receipt of the notice, shall submit to the advisory agency and school district a written report and its recommendations concerning the site.

The Governing Board of the school district shall not acquire title to the properly until the report of the State Department of Education has been received. If the report does not favor the acquisition of the property for a school site, the governing board shall not acquire title to the property until thirty (30) days after the Department's report has been read at a public hearing duly called after ten (10) days' notice published once in a newspaper of general circulation within the school district or, if there is no newspaper of this type, in a newspaper of general circulation within the County in which the property is located.

The following definitions are applicable to this Section.

A. Conditions of Overcrowding. "Conditions of overcrowding" means that the total enrollment of an attendance area's school or schools, including enrollment from proposed development, exceeds the capacity of such school or schools within the attendance area, as determined by the governing body of the school district in accordance with standards established in the Education Code.

B. Decision-Making Body. "Decision-making body" means the Board of Supervisors.

C. Dwelling Unit. "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together domestic unit.

D. Reasonable Methods for Mitigating Conditions of Overcrowding. "Reasonable me for mitigating conditions of overcrowding" shall include, but are not limited to such methods as:

1. Any agreements entered into by the affected school district which would alleviate conditions of over crowding caused by new residential development;

2. The use of relocatable structures, student transportation, and school boundary realignments;

3. The use of available bond or State loan revenues to the extent authorized by law;

4. The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts;

5. Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used.

E. Residential Development. "Residential development" means a project containing residential dwellings, including mobile homes, or one or more units, or a division of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel conditional use permit, a building permit, or any other discretionary permit for new residential use.

F. Board. "Board" means the Board of Supervisors of the County of Monterey.

G. Exemptions. A residential development shall be exempt from the requirements of this Section when it consists only of any of the following:

1. Any modification or remodel of an existing legally established dwelling unit where no additional dwelling units are created.

2. The conversion of an existing apartment building into a condominium or stock cooperative where no new dwelling units are created.

3. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe.

4. Any rebuilding of a historical building recognized, acknowledged and designated as such by the County.

5. Any residential complex which, through special use permit, is designated as senior citizens' housing.

6. Any residential unit with one bedroom or less. For the purposes of this exemption, miscellaneous-use rooms (such as, sewing rooms, solariums, recreation rooms, or a study or a den) and rooms designed for sleeping shall be considered and counted as bedrooms.

The following criteria determine whether there is overcrowding in the school district attendance area:

Pursuant to Government Code Section 65970 et seq., the governing body of a school district may make a finding supported by clear and convincing evidence that:

A. Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reasons for such conditions existing;

B. All reasonable methods of mitigating conditions of overcrowding have been evaluated, including district unification, consolidation and reorganization;

C. No feasible method for reducing such conditions exists. Upon making these findings, the school district must provide the County with written notice of its findings as provided in Section 19.12.055.

Any notice of findings sent by a school district to the County shall specify:

A. The findings listed in Section 19.12.055;

B. A summary of the evidence upon which the findings in Section 19.12.055 were based;

C. The mitigation measures and methods, including those listed in Section 19.12.045D, considered by the school district in any determination made concerning them by the district;

D. The precise geographic boundaries of the overcrowded attendance area or area;

E. Such other information as may be required by a Board regulation.

After receipt of any notice of findings complying with the requirements of Section 19.11.055, the Board, if it concurs with such school district findings, shall do so by resolution.

Within an attendance area, where the Board has concurred in a school district's findings that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development with such area, unless such decision-making body makes one of the following findings:

A. That pursuant to this Section, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or

B. That there are specific, overriding physical, economic, social or environmental factors, which, in the judgment of the decision-making body, would benefit the County, thereby justifying the approval of a residential development other wise subject to the provisions of this ordinance without requiring the payment of fees or the dedication of land or other alternate provision required by this Section; or

C. That agreement has been reached between the developer and the school district to alleviate existing conditions of overcrowding.

The following are the requirements, standards and procedures to implement this Section.

In an attendance area where the Board has concurred that overcrowding exists, the applicant proposed residential development, as a condition of approval, or the obtaining of a building permit shall select among the following forms of contribution:

A. Pay fees, make an equivalent arrangement as determined by the decision-making body in lieu thereof;

B. Dedicate land;

C. Dedicate facilities, or

D. Do a combination thereof, unless excepted as provided in Section 19.12.070B, as determined by the decision-making body during the hearings and other proceedings on special residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, the dedication of land, dedication of facilities, or combination thereof, it shall necessary for the decision-making body acting on the application to make the following determination. That the facilities to be constructed, purchased, leased, or rented from such fees or the land or facility to be dedicated, or combination thereof, are consistent with the General Plan. Any facilities to be dedicated shall be consistent with the requirements of the Field Act as specified in the California Education Code.

Only the payment of fees may be required in subdivisions containing fifty (50) parcels, or less, or developments containing fifty (50) units, or less.

Any requirement imposed pursuant to this Section shall bear reasonable relationship and will be limited to the needs of the community for interim elementary, or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development; provided, the fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities.

A. For purposes of computation of fees required by this Division, reasonable factors related to the amount necessary to pay five annual lease payments for interim facilities have been determined to be and are hereby adopted as follows:

B. When fees are required by this Division to be paid in lieu of land dedication or facilities, such fees shall be, and paid as follows:

1. Fees per bedroom in excess of one bedroom per dwelling unit shall be:

Any room designed for sleeping and miscellaneous-use rooms (such as sewing rooms, solariums, recreation rooms, or a study or a den) is a bedroom for the purposes of this Section.

2. Fees for each dwelling unit, rented over sixty (60) days, in a mobile home rental park shall be one-half of the amounts in Section 19.12.095 above. It shall be the duty of the park owner to collect the fee for the County.

3. The fees for a mobile home manufactured housing or site-delivered home on a purchased lot shall be the same as for a site-built home.

4. Provided that if the Board has determined that conditions of overcrowding do not exist respect to any of the three levels of schools, i.e., elementary, junior high school, high school, then no fee for that level will be assessed.

5. The maximum total fee per bedroom in excess of one bedroom per dwelling unit shall be the sum of the fees for the elementary, junior high school, and high school levels as determined in this Section. The maximum total fee per dwelling unit shall be two thousand dollars ($2,000.00).

C. For purposes of this Section, the annual lease payment per class-room, given in Subparagraph A above as twenty-eight thousand eight hundred dollars ($28,800.00), is subject to annual adjustment by the Monterey County Board of Supervisors. When an adjustment of the annual lease payment is made as provided for in this Subparagraph, the fees provided for in this Section shall be adjusted proportionately.

D. The total land area required by this Section to be dedicated shall be at least equal in monetary value as to the fees which would be otherwise required by Section 19.12.095B. The Assessor shall determine and establish the monetary value of land area for the purposes of this Division.

If the payment of a fee is required, such payment shall be made at the time the building permit for a residence is approved and issued or, in the case of a mobile home, at the time the lot or space is first occupied. Fees shall be held in trust by the County until transferred to the affected school district or districts.

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the County Subdivision Ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the County.

A. If a final subdivision map, a parcel map, or conditional use permit is vacated or voided, and the County still retains the land, and if the applicant so requests, the Board shall order such land returned.

B. If a residential development approval is vacated or voided, and if the County still retains the fees collected there for, and if the applicant so requests, the Board shall order the fees returned to the applicant.

Following concurrence by the Board pursuant to Section 19.12.070, the Director of Planning shall notify each school district affected thereby. The governing body of the school district shall then submit a schedule specifying how it will use the fees, land, or facilities to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Board of Supervisors and the reasons for the modifications.

(Ord. No. 5135, § 86, 7-7-2009)

The following are prohibitions on levy of fee or dedication of land after receipt of apportionment and uses and limitations of uses of lands and fees.

After facilities have been completed with funds received pursuant to the Leroy F. Green State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code), the City or County shall not be permitted thereafter, pursuant to this Chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential developments, to levy any fee or to require the dedication of land within the attendance area of the district.

After facilities have been completed and occupied with funds received pursuant to the Leroy F. Green State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code), the County shall refund to the developer of the residential development who has made a contribution under this ordinance, the amount of any fee paid which is in excess of the amount necessary to meet the needs of the school district for interim, elementary, or high school facilities. Although the school may have received Green Act money, it may still have a need for interim facilities created by local development.

Nothing in this agreement is intended to prohibit the district from subsequently filing another resolution of overcrowded conditions pursuant to this ordinance as specified in this Section.

All fees, land, and facilities, collected pursuant to this ordinance and transferred to a school district, shall be used by the district only for the purpose of providing interim elementary or high school classroom and related facilities.

If two separate school districts operate schools in an attendance area where the Board concurs overcrowding conditions exist for both school districts, the Board will enter into an agreement with the governing bodies of both school districts for the purpose of determining the division of revenues from the fees levied pursuant to this Section.

Any school district receiving funds, land facilities pursuant to this ordinance shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the Board on the balance and account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year, and shall be filed more frequently at the request of the Board.

When it is determined by the Board of Supervisors that conditions of overcrowding no longer in attendance area, the decision-making body shall cease imposition of any requirements under this Section.

The purpose of this Section is to make provision pursuant to Government Code Section 66484, for the assessment and collection of bridge facility and major thoroughfare construction fees as a condition for the approval of a final map or parcel map when the fees are necessary to defray the actual or estimated costs of constructing such bridge facilities or major thoroughfares.

Whenever the following terms are used in this Section they shall have the meanings ascribed to them in this Section:

A. "Areas of benefit" means those areas which are established by the County Board of Supervisors pursuant to the provisions of Section 19.12.175 for the purpose of assessing and collecting fees for construction of bridge facilities and major thoroughfares.

B. "Construction" includes design, acquisition of right-of-way, administration of construction contracts and actual construction.

C. "County" means the County of Monterey.

D. "Major thoroughfare" means any County or State maintained road, whether existing or proposed which is shown on the circulation element of the County's General Plan.

E. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for himself or herself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

F. "Subdivision" means the division, by any subdivider, or any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivider" includes a condominium project, a community apartment project, and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 66424 of the Government Code.

In order to defray the costs of construction of needed bridge facilities and major thoroughfares, fees shall be imposed as a condition for the approval of final maps and parcel maps as follows:

A. As a condition for approving a final map or parcel map (pursuant to the provisions of the Subdivision Map Act, Government Code Section 66410 et seq. and related County ordinances) when any portion thereof includes property which is located within an area of benefit, the subdivider shall pay the fee apportioned to the property as established by the Board of Supervisors for that area of be pursuant to the procedures set forth in Section 19.12.175.

B. In the case of major thoroughfares, the payment of fees shall not be required unless the thoroughfares are in addition to or a reconstruction of any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

C. In regards to planned bridge facilities, the payment of fees shall not be required unless the facility is an original bridge serving the area or an addition to any existing such facility serving the at the time of the adoption of the boundaries of the area of benefit.

D. Fees required to be paid pursuant to Subsection A of this Section shall be paid prior to the approval of a final map or parcel map.

A. Consideration in lieu of fees required by Section 19.12.065 may be accepted.

B. When fees are required by Section 19.12.065 such fees shall be deposited in a planned bridge facility and/or major thoroughfare fund. A separate fund shall be established for each area of benefit. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the bridge facilities and/or major thoroughfares serving the area to be benefitted and from which the comprising the fund were collected or to reimburse the County for the costs of constructing the bridge facility or major thoroughfare.

C. The County may advance money from its general fund or road fund to pay the cost of constructing the bridge facilities and/or major thoroughfares and may reimburse the general fund or road fund for the advances from planned bridge facility and/or major thoroughfare funds established to finance the construction of the bridge facilities and/or major thoroughfares.

D. The County may require or accept the dedication and/or improvements along a thoroughfare and may reduce the fees assessed against that property by an amount equal to the cost of the improvements as determined by the Director of Public Works, if the value of improvements were included in the calculation of the fee.

E. Funds shall be disbursed upon written authority of the Director of Public Works.

F. Notwithstanding any other provision of the ordinance codified in this Chapter, the fees collected herein as a result of a development project may be allocated between different areas of benefit, provided, that:

1. The project is in one designated area of benefit and contiguous to another such area of benefit; or is in two different areas of benefit as a result of an area of benefit boundary bisecting the project; and

2. It is demonstrated to the satisfaction of the Director of Public Works that each affected area of benefit will be significantly impacted by the project. A traffic study or supplemental traffic study shall be conducted at the expense of the party requesting allocation of funds and approved by the Director of Public Works documenting the impacts to each area of benefit; and

3. The project consists of more than fifty (50) lots in the case of a subdivision.

G. The amount to be paid or percentage of allocation to each impacted area of benefit shall be determined by the Board of Supervisors.

Pursuant to the procedures set forth in this Chapter, the board of supervisors may establish areas of benefit and impose reasonable fees on final maps and parcel maps which affect properties within areas which are benefitted by the construction of bridge facilities or major thoroughfares.

A. Areas of benefit may be established by the Board of Supervisors following a public hearing thereon. At the hearing the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established.

B. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a Board of Supervisors resolution, a certified copy of which shall be recorded with the County Recorder.

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

A. At any time not later than the hour set for hearing, pursuant to Section 19.12.180, any own property located within an area of benefit may make protest against the proposed bridge facility and/or major thoroughfare or against the extent of the area to be assessed or against both of them. The protests must be in writing and must contain a description of the property in which each signer of the protest is interested, sufficient to identify the same, and if the signers are not shown on the last equal assessment roll as the owners of the property, must contain or be accompanied by written evidence that the signers are the owners of the property. All such protests shall be delivered to the Clerk of the Board of Supervisors and no other protests or objections shall be considered. Any protests may be withdrawn by the owners making them, in writing, at any time prior to the conclusion of a public hearing.

B. If there is a written protest filed with the Clerk of the Board of Supervisors by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Board of Supervisors shall not, for one year from the filing of the written protests, commence or carry on any proceedings for the same improvement under the provisions of this Chapter.

C. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this Chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, by the Board of Supervisors, within the one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its me that the owners of a majority of the property within the area of benefit are in favor of going forward with the portion of the improvement or acquisition.

Notice of any hearing held pursuant to this Chapter shall be given in accordance with Section 65091 of the Government Code. In addition to the requirements of Section 65091 of the Government the notice shall contain preliminary information related to the boundaries of the areas of benefit, estimated cost and method of fee apportionment. 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 to be considered at the proceedings for which notice of the hearing was given.

Whenever, pursuant to this Chapter, a subdivider or land developer is required to pay a fee for construction of a bridge facility and/or major thoroughfare as a condition precedent to the approval final map or parcel map and the bridge facility and/or major thoroughfare is dedicated to the public, the Board of Supervisors may contract with the subdivider or land developer for the construction of the bridge facility and/or major thoroughfare, and reimburse the subdivider or land developer for the cost of constructing the bridge facility and/or major thoroughfare.

The bridge and major thoroughfares for which payment of a fee is required shall conform to the circulation element of the General Plan and the transportation or flood control provisions therein.

The Board of Supervisors may, by resolution, issue regulations to establish administration procedures, interpretations and policy direction under this Section.

The provisions of this Section are intended to be an addition to and not a substitute for other requirements of this code and the Subdivision Map Act including those provisions concerning the dedication of lands for public roads and the improvement of public roads as a condition of approval of a final map or parcel map.

A. Agrarian Easements. Prior to the recordation of a parcel map or final map affecting real property within the zone districts described in Subsection B of this Section, the property owner shall execute and record an agrarian easement in a form approved by County Counsel which will preserve and protect agricultural activities as described in Chapter 16.40 of this Code. For the purpose of this Section, an "agrarian easement" is an easement that will allow dust, noise, and odors emanating from lawful agricultural activities on adjoining or proximate real property to burden the property subject to the easement. The requirements of this Section may be waived, or the easement may be released or reconveyed, when the Agricultural Commissioner finds that such requirement is not necessary for preservation or protection of agricultural activities and such finding is concurred with by the person or decision maker which makes or made the final decision on the entitlement on which the easement may be or was imposed as a condition of approval.

B. Applicability. The provisions of this Section are applicable throughout the unincorporated areas of the County of Monterey which are specifically classed and zoned as follows:

1. Non-Coastal;

a. Farmlands Zoning District (F);

b. Permanent Grazing Zoning District (PG);

c. Rural Grazing (RG);

d. Resource Conservation Zoning District (RC);

2. Coastal;

a. Agricultural Preservation (CAP-CZ);

b. Agricultural Conservation (AC-CZ);

c. Resource Conservation (RC-CZ);

(Ord. 3728, 1993)