Chapter 19.48 — SCHOOL SITES AND FEES

66478).

A. Definitions. In this chapter, the term “dedication” is used to retain consistency with Section
66478 of the Subdivision Map Act. Thus, for purposes of this chapter only, “dedication”
means the setting aside of land within a subdivision for purchase by a public agency in
order to provide for future construction thereon of a public elementary school or schools.
The term “elementary school” means any public school providing instruction in any
grade(s) from kindergarten through eighth.

B. Dedication Requirement. As a condition of approval of a tentative tract or parcel map, a
subdivider may be required to dedicate to the school district within which the subdivision
is located, such lands as the City deems necessary for the purpose of constructing thereon
elementary schools necessary to assure the residents of the subdivision adequate public
school service.

C. Limitations on Dedications. In no case shall the City require the dedication of an amount
of land which would make 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.

D. Dedication Procedure. The requirements of the school site dedication shall be imposed at
the time of approval of the tentative map. If, within thirty (30) days after the dedication
requirement 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 be
automatically terminated. The required dedication may be made anytime before,
concurrently with, or up to sixty (60) days after the filing of the final map on any portion
of the subdivision.

E. Payments to Subdivider for Dedication. The school district shall, if it accepts the school
site dedication, repay to the subdivider or the subdivider’s 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; and

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

F. Exemption. 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(s).
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 845, 2023)

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City of Newport Beach, CA § 19.48.020 SUBDIVISIONS § 19.48.030

65974, 65995).

Pursuant to California Government Code Section 65974, the City may impose fees or dedication requirements on new residential subdivisions for the purpose of providing interim school classroom facilities to alleviate conditions of overcrowding which may be caused by new residential development. Fee and dedication procedures shall be in accordance with California Government Code Sections 65970 through 65981 and 65995 through 65998, respectively. (Ord. 2023-22 § 846, 2023)

In addition to the provisions of this chapter regarding elementary school sites, the City may require the reservation of land for public high schools in accordance with the provisions of Chapter 19.44 (General Reservation Requirements). (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)

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City of Newport Beach, CA § 19.52.010 SUBDIVISIONS § 19.52.040