Chapter 16.32 — DEDICATIONS, FEES, REIMBURSEMENTS AND RESERVATIONS

A.

Pedestrian walkways or bike ways may be required where needed for:

Access to schools, playgrounds or parks, shopping centers, or other public areas;

Traffic safety; or

Access through unusually long blocks;

Access to public areas shown on an approved general plan.

B.

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

(Prior code § 11-2-901)

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreational element of the general plan of the city, adopted by the city in 1973.

(Prior code § 11-2-902.1)

As a condition of approval of a final map, parcel map or parcel map waiver certificate, the subdivider shall dedicate land or pay a fee in lieu of dedicating the land, and pay a parks and recreational facilities fee as prescribed in Chapter 3.30 of this code for park or recreational purposes at the time and according to the standards contained in this chapter and in Chapter 3.30.

(Ord. 298 § 2(part), 2002: prior code § 11-2-902.2)

It is found to determine that the public interest, convenience, health, welfare and safety require that four acres of property for each one thousand persons residing within the city be devoted to the local public park and recreational purposes.

(Ord. 298 § 2(part), 2002: prior code § 11-2-902.3)

Where a park or recreational facility has been designated in the conservation, open space and recreation element of the Orange Cove general plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to resolution adopted by the city council.

(Prior code § 11-2-902.4)

The development impact fee for parks and recreational facilities is prescribed in Chapter 3.30 of this code. The development impact the does not include the cost of land which is required to be dedicated or a fee paid in lieu of dedication according to Section 16.32.030.

The value of the land, as determined by the city, which is dedicated for park purposes pursuant to Section 16.32.050a, to be deducted from the parks and recreational facilities fee is determined by Chapter 3.30 of this code.

(Ord. 298 § 2(part), 2002: prior code § 11-2-902.7)

Where the proposed subdivision lies within an area not then but to be included within the city general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city general plan and in accordance with the provisions of this section.

(Prior code § 11-2-902.8)

A.

Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

Recreational element of the city's general plan;

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

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

The feasibility of dedication;

Compatibility of dedication with the conservation, open space and recreation element; and

Availability of previously acquired park property.

B.

The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Prior code § 11-2-902.9)

No credit shall be given for private open space in a subdivision.

(Prior code § 11-2-902.10)

A.

At the time of approval of the tentative map or parcel map, the city council shall determine pursuant to this chapter the land to be dedicated and/or fees to be paid by the subdivider.

B.

At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the city council.

C.

Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Prior code § 11-2-902.11)

At the time of approval of the final subdivision map, the city council shall specify when development of the park or recreational facilities shall be commenced.

(Prior code § 11-2-902.12)

A.

The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that 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 may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

B.

The provisions of this section also shall not apply to industrial subdivisions; nor to condominium projects 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; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

(Prior code § 11-2-902.13)

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 for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

Exception: 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 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 anytime before, concurrently with, or up to sixty 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 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 therefore, together with interest at the rate of seven percent per year from the date the option is exercised.

G.

The school district to which the property is dedicated shall record a certificate with the clerk-recorder of the county containing therein all information required by Section 66478.

(Prior code § 11-2-903)

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:

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.

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.

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 in 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 § 11-2-904)

Prior to the filing of any final or parcel map, the subdivider shall pay or cause to be paid strong drainage fees and sanitary sewer fees as specified in Chapter 3.30 of this code.

(Ord. 298 § 2(part), 2002: prior code § 11-2-905)

Prior to the filing of any final map or parcel map, the subdivider shall pay or cause to be paid, traffic control facility fees and/or street and thoroughfare fees as specified in Chapter 3.30 of this code.

(Ord. 298 § 2(part), 2002; Ord. 269 § 11(3), 1990: prior code § 11-2-906)

A.

Supplemental Improvements—Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

B.

Supplemental Improvements—Reimbursement Agreement—Funding Procedures.

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.20.110 is held thereon by the city council and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

In addition to the notice required by Section 16.20.110 of this title, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established for hearing.

C.

Supplemental Improvements—Drainage, Sewerage, Bridges and Major Thoroughfares. If the city has adopted a local drainage or sanitary plan or map as required for the imposition of fees thereof, or has established an area of benefit for bridges or major thoroughfares as provided in this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the charge as set forth in this ordinance. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefore may be utilized to reimburse the subdivider as set forth herein.

(Prior code § 11-2-907)

City will provide water meters to be installed by the subdivider. The subdivider shall pay, in advance, a fee equal to the city's cost in acquiring these water meters for the subdivider. Subdivider shall install these meters in approved meter boxes in accordance with city improvement standards.

(Prior code § 11-2-908)

A.

Prior to filing any final map or parcel map, the subdivider shall pay a cause to be paid water facility fees specified in Chapter 3.30 of this code.

B.

The subdivider may be required to replace or relocate pipeline or other water delivery facilities of the Orange Cove Irrigation District to the construction standards of the district within and/or outside the subdivision with supplemental strength, size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map. Such improvements shall be subject to the same terms, conditions, and provisions as contained in Section 16.32.190.

C.

Subdivider shall obtain, at subdivider's expense and as a condition precedent to approval of such map, the certification of Orange Cove Irrigation District that any planned improvements conform to the construction standards of the district. The standards shall not exceed the requirements of generally accepted engineering practices or specifications of the state for like facilities. The certification shall not be unreasonably withheld. Subject to the above provisions, the city council shall make the final decision in all the matters.

(Ord. 298 § 2(part), 2002; Ord. 225 § 1, 1982: prior code § 11-2-909)