Redlands Municipal Code Ch. 17.15 Dedications, Reservations and Development Fees

As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutter's rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutter's rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements. Improvements shall be in accordance with chapter 17.17 of this title. (Ord. 2481 § 1, 2002)

The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Ord. 2481 § 1, 2002)

All dedications of property to the city for public purposes shall be made in fee title, except that, in the city's discretion, a grant of an easement may be taken for the following purposes: open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. (Ord. 2481 § 1, 2002)

A. General: As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

B. Standards For Reservation Of Land: Where a park, recreational facility, fire station, library or other public use is shown on the general plan or an adopted specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the general plan or the adopted specific plan. The reserved area must be 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 to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the general plan or the adopted specific 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.

C. Procedure: 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 (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

D. Payment To Subdivider: The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

E. Termination: If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)

As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park and ride facilities and similar items which directly benefit the residents of the subdivision, if:

A. The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred (100) acres or more, and

B. If the city finds that transit services are or will, within a reasonable time period, be made available to the subdivision.

The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)

A. Purpose: The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to section 66484 of the subdivision map act, and in order to implement the circulation-transportation element of the general plan and, in the case of bridges, the transportation provisions thereof.

B. Definitions: For the purposes of this section, the following words and phrases shall have the following meanings:

CONSTRUCTION: Design, acquisition of right of way, administration of construction contracts, actual construction and inspections.

MAJOR THOROUGHFARE: A roadway as shown on the circulation- transportation element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

C. Payment Of Fees Generally:

1. Prior to filing a final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.

2. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection C1 of this section.

3. Notwithstanding the provisions of subsections C1 and C2 of this section:

a. Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility servicing the area at the time of adoption of the boundaries of the area of benefit.

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

D. Consideration In Lieu Of Fees: Upon application by the subdivider or applicant for a building permit, the city council, in the case of subdivisions of five (5) or more parcels, or the planning commission, in the case of subdivisions of four (4) or less parcels, may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the city council or planning commission, as the case may be, first finds upon recommendation of the public works director, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the city council or planning commission, as the case may be.

E. Public Hearing: Prior to establishing an area of benefit, a public hearing shall be held by the city council at which time 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, and the fee to be collected, shall be established. Notice of the public hearing shall be given pursuant to subsection 17.07.070A of this title and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

F. Amount: The amount of the fees and the areas of benefit established pursuant to this section may be established by ordinance or resolution.

G. Exemptions: Notwithstanding the provisions of subsection F of this section, payment of such fees shall not be required for:

1. The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, that the total value, as determined by the building official, of all such alteration, enlargement or construction completed within any one year period does not exceed one-half (1/2) of the current market value, as determined by the building official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by the uniform building code.

2. The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one- family or two-family dwellings.

H. Protest:

1. At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefitted by the improvement may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk and no other protest or objections shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing.

2. If there is a written protest filed with the city clerk by the owners of more than one-half (1/2) 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 (1/2) of that to be benefitted, then the proposed proceedings shall be abandoned and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)

A. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the city shall, subject to the provisions of sections 66486 and 66487 of the subdivision map act, enter into an agreement with the subdivider to reimburse the subdivider 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.

B. The city council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

1. The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

2. The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefitted to reimburse the city for such costs, together with interest thereon, if any, paid to the subdivider.

3. The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefitted.

C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the city council in accordance with the provisions of subsection 17.15.080E of this chapter and the city council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

D. In addition to the notice required by subsection 17.15.080E of this chapter, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they be ascertained at the time. Such notices shall be mailed by the city clerk at least ten (10) days prior to the date established for the hearing. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of section 66475.3 of the subdivision map act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in section 801.5 of the State Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

At the time of tentative map approval, the planning commission, as the case may be, shall specify the following:

A. The standards for determining the exact dimensions and locations of such easements.

B. Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.

C. The terms for conditions, if any, under which an easement may be revised or terminated.

The foregoing provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)

Whenever the city imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation. All these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the city be obligated for such reimbursement. (Ord. 2481 § 1, 2002; amd. Ord. 2912, 7-21-2020)