Chapter 16.09 — DEDICATIONS, FEES, REIMBURSEMENT AND RESERVATIONS, CERTAIN PUBLIC

A.

Pedestrian walkways or bikeways may be required where needed for:

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

Traffic safety; and

Access through unusually long blocks.

B.

As used in this section "dedication" means a transfer by a subdivider to a city, county, or city and county of title to real property or any interest therein, or of an easement or right in real property, the transfer of facilities, or the installation of improvements as defined in Section 16.02.010 or any combination thereof.

(Ord. 87-2 §1(part), 1987).

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 provided for in Section 66478 of the Subdivision Map Act.

B.

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 of payment by the district to the date the option is exercised.

C.

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 of the Subdivision Map Act.

(Ord. 87-2 §1(part), 1987).

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 recreational and parks element, or other requirements, needs or related subjects which pertain to the development of the city, and the required reservations are in accordance with definite principles and standards contained herein;

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 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.

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.

(Ord. 87-2 §1(part), 1987).

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Subdivision Map Act.

(Ord. 87-2 §1(part), 1987).

The council may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or constructing major thoroughfares subject to the following requirements as provided in Section 66484 of the Subdivision Map Act:

A.

Fees may be required for facilities when they are identified by the circulation element, transportation or flood control provisions of the General Plan;

B.

A public hearing shall be held and notice shall be given;

C.

The boundaries of the area of benefit, the costs, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be determined at a public hearing;

D.

Fees shall not be required unless the requirements of Section 66484 of the Subdivision Map Act have been met;

E.

Protests may be filed and proceedings shall be abandoned as provided in Section 66484 of the Subdivision Map Act; and

F.

All procedures for imposing and handling fees have been met.

(Ord. 87-2 §1(part), 1987).

A.

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 Sections 66485 et seq. of the Subdivision Map Act.

B.

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 16.09.050 of this title is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or supplemental improvements and the actual ultimate beneficiaries thereof. The notice required by Section 16.09.050 of this title, 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 administrator at least ten days prior to the date established for hearing.

C.

If the city has adopted a local drainage or sanitary sewer plan map as required for the imposition of fees therefor, 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 said charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges, or thoroughfares, and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. 87-2 §1(part), 1987).