Rio Vista Municipal Code Ch. 16.36 Dedications, Reservations and Reimbursements

A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for public purposes consistent with city general plan, master utility plan, city design standards and standard plans and any applicable specific plan. These dedications shall include, but not be limited to, lands that are needed for streets and alleys, including access rights and abutters' rights; parks; school sites; recreational and cultural facilities; fire stations; police stations; public works stations; libraries; public greenways; bicycle paths; pedestrian walkways; airport clear zones; river accesses and easements; public utilities easements; scenic easements; storm drainage systems; transit facilities such as bus turnouts and waiting stations; wells and well sites; pumping stations; river water diversion; water reservoirs; water transmission systems; wastewater treatment faculties; lift stations; wastewater collection systems; bridges; thoroughfares and other public easements.

B. In addition, the subdivider shall improve and dedicate to the city, or agree to improve and dedicate to the city all thoroughfares, streets and alleys, including access rights and abutters' rights; bicycle paths; pedestrian walkways; public greenways; transit facilities such as bus turnouts and waiting stations; traffic control systems; water systems; wastewater treatment and collection systems; street lighting systems; drainage systems; public utility easements; and other public easements.

(Prior code Appendix C § 6.1)

As a condition of approval of a final or parcel map, park land dedication and/or fee shall be determined in accordance with subsections A through D of this section.

A. Park Land Determination and Dedication. In subdivisions having 50 or more parcels and where the land in the subdivision can be properly located for public recreational facilities in accordance with the adopted recreation and parks plan of the city, the subdivider shall dedicate an area for such purpose on the basis of two acres per 200 units project in the subdivision.

B. Park Land Fees. Where the subdivision consists of 50 parcels or less, or where the subdivision exceeds 50 parcels, but land within the subdivision cannot be located in accordance with the recreation and parks element of the general plan adopted by the city, then the city shall collect a park land fee for each dwelling unit proposed within the subdivision.

C. Computation of Park Land Fee. The method for determining the park land fee (F) shall reflect the relationship between the total park land of the city (P), and the residential density by the households (H) as determined by the most recent Federal Census, and the average cost of an acre of land (L) within the city. The formula used to calculate the per unit fee shall be as follows:

D. Collection and Use of Fees and Dedicated Park Land.

1. Fees shall be payable at the time of recording of the final map. Park land shall be dedicated at the time of the recording of the final map. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities.

2. The provisions of this section do not apply to commercial or industrial subdivision; nor do they apply to 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.

(Prior code Appendix C § 6.2)

A. General. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication 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 any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her 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;

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

D. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps.

(Prior code Appendix C § 6.3)

A. Sacramento River Access.

1. Any proposed subdivision to be fronted upon the Sacramento River shall provide, or have available, reasonable public access from a public roadway, to that portion of the bank of the river bordering or lying within the proposed subdivision.

2. Reasonable public access shall be determined by the city. In making the determination of what shall be reasonable access, the city shall consider all of the following:

a. That access may be by city street, pedestrian walkway, bike trail, horse trail or any other means of travel;

b. The size of the subdivision;

c. The location and type of riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching.

B. Public Easement Along the Bank of Sacramento River.

1. Any proposed subdivision to be fronted upon the Sacramento River shall provide a dedication of a public easement along the bank of the river bordering or lying within the proposed subdivision.

2. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the Sacramento River consistent with public safety. The reasonableness and extent of the easement shall be determined by the city. In making the determination for reasonably defining the extent, width, and character of the public easement, the city shall consider all of the following.

a. That the easement may be for a foot trail, bicycle trail, or horse trail;

b. The size of the subdivision;

c. The location and type of riverbank and the various appropriate recreational, educational and scientific uses including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching;

d. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

C. Public Access Routes and Easements Along the Sacramento River Must Be Shown on Tentative and Final Map. Any public access route or routes and any easement along the bank of Sacramento River provided by the subdivider shall be expressly designated on the tentative and final map, and such map shall expressly designate the city as recipient of such route or routes as are dedicated and its acceptance of such dedication.

(Prior code Appendix C § 6.4)

A. General. As a condition of approval of a 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 facilities, fire stations, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city or in accordance with the definite principles and standards contained in the above specific plan or general 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 unfeasible. The reserved area shall conform to policies and standards of the adopted specific plan 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.

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 years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

D. Payment to Subdivider. 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 the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest incurred on any loan covering such reserved area.

E. Termination. 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 Appendix C § 6.5)

A. The city may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon.

B. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final map or parcel map.

(Prior code Appendix C § 6.6)

A. The City May Impose Requirement That Facilities Contain Supplemental Size or Length.

1. The city may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision shall 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. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time.

2. The city shall reimburse subdivider for oversizing. In the event of the installation of improvements required by ordinance, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

B. Methods of Payment Under Reimbursement Agreement. In order to pay the costs as required by the reimbursement agreement, the city may:

1. Collect 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. Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider;

3. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

C. The City May Adopt Plan and Map Delineating Benefited Area for Drainage and Sanitary Sewer Facilities and Establishing Charges. The city may adopt a benefit plan and map, and impose a reasonable charge on property within the area which, in the opinion of the city council, is benefited by such drainage or sanitary sewer facilities. The charge collected must be paid to the city or subdivider constructing such drainage or sanitary sewer facilities, and the city may enter into a reimbursement agreement with the subdivider.

D. The City May Establish Benefit Areas for Major Thoroughfare Improvement. The city may establish an area of benefit and may impose a reasonable charge on property within the area, that in the opinion of the city council, is benefited by the construction of the major thoroughfare. The charge collected shall be paid to the city or subdivider constructing the thoroughfare, and the city may enter into a reimbursement agreement with the subdivider.

(Prior code Appendix C § 6.7)