San Benito County Municipal Code Ch. 23.15 Dedications, Reservations and Development Fees

Section

Cross-reference:

County Service Areas, see Chapter 19.07 of this code

The provisions of this Chapter 23.15 shall not apply within the boundaries of any adopted specific plan, unless specifically provided herein. All dedications of property to the county for public purposes shall be made in fee title, except that, in the county's discretion, a grant of an easement may be made for the following purposes: open space easements, public utility easements or other appropriate easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the county, in its discretion, determines would not conflict with the intended ownership and use. The county may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

(1966 Code, § 17-52) (Ord. 617, § 2(part); Ord. 860, § 4 (part), 2010)

(A) As a condition of approval of a tentative map, a subdivider shall dedicate, or make an irrevocable offer of dedication of real property within the subdivision that is needed for streets, roads and alleys, including access rights and abutters’ rights, drainage, 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 abutters’ rights, drainage, public utility easements and other public easements. Improvements shall be in accordance with Chapter 23.17 of this title.

(B) The county 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 shown on the final or parcel map as abutting thereon. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.

(1966 Code, § 17-53) (Ord. 617, § 2(part))

Where a subdivider of a subdivision containing 200 or more parcels or over 100 acres is required pursuant to § 23.15.002 to dedicate roadways to the public, they may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision.

(1966 Code, § 17-54) (Ord. 617, § 2(part))

(A) As a condition of approval of a tentative map, a 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 the Planning Commission finds the following:

(1) That the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the general plan or contains 100 acres or more; and

(2) That transit services are or will, within a reasonable time period, be made available to the subdivision.

(B) 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 years old when no new dwelling units are added.

(1966 Code, § 17-55) (Ord. 617, § 2(part))

(A) General. As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Cal. Gov’t Code § 66475.3, a requirement that a 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 Cal. Civil Code § 801.5.

(B) Standards and procedure.

(1) 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 the tentative map is deemed complete.

(2) At the time of tentative map approval, the Planning Commission shall specify the following:

(a) The standards for determining the exact dimensions and locations of the easements;

(b) Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through in easement; and

(c) The term or conditions, if any, under which an easement may be revised or terminated.

(C) Exemptions. The 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.

(1966 Code, § 17-56) (Ord. 617, § 2(part))

(A) General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the county shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. The dedication shall be in conformity with the provisions of Cal. Gov’t Code § 66478 and this section.

(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 county 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 recording of the final or parcel map on any portion of the subdivision.

(C) Payment to subdivider. The school district shall, in the event 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; and

(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering the 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 ten years prior to the submitting of an application for the tentative map in accordance with the provisions of the Subdivision Map Act and this title.

(1966 Code, § 17-57) (Ord. 617, § 2(part))

(A) Authority, purpose and intent.

(1) This section is enacted pursuant to the authority of Cal. Gov’t Code §§ 65970 et seq. for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.

(2) The Board of Supervisors finds:

(a) Public education in the primary and secondary grades is provided in the county by numerous school districts;

(b) From time to time, a new residential development may cause overcrowding in one or more schools in one or more of the districts;

(c) The county general plan provides for the location of schools and this section is consistent with the general plan; and

(d) It is necessary that a method be available to provide the district with interim classroom facilities when conditions of overcrowding exist, in order that education not be adversely affected.

(B) Definitions. In addition to the definitions set forth in Cal. Gov’t Code §§ 65973 and 65980 and § 23.15.007 of this title, the following definitions shall apply to this section:

DECLARATION OF IMPACT. A statement adopted by the School Board, and forwarded to the Board of Supervisors, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Cal. Gov’t Code § 65971. The declaration of impact may include the schedule required by Cal. Gov’t Code § 65976.

DISTRICT. Any district under the jurisdiction of the San Benito County Schools Superintendent.

SCHOOL BOARD. The Board of Trustees of any district under the jurisdiction of San Benito County School Superintendent.

(C) Action by the Board. The School Board may, from time to time, adopt a declaration of impact and file the same with the Clerk of the Board of Supervisors for consideration by the Board of Supervisors.

(D) Action by the Board of Supervisors. Upon receipt of a declaration of impact from the School Board and the schedule required by Cal. Gov’t Code § 65976, the Board of Supervisors shall, if it concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee or commission within the county to withhold approval of, new residential development within the attendance area of the impacted school or schools pending compliance with division (E) below.

(E) Mitigation measures.

(1) The Board of Supervisors shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Cal. Gov’t Code § 65974. Zone changes and general plan amendments shall be required to provide full mitigation of school facility impacts.

(2) The decision concerning whether to require the dedication of land, payment of fees or an appropriate combination shall be determined after consultation with the School Board concerning the needs of the particular district as they relate to the impacted school or schools.

(3) The amount of any fees shall be in accordance with the provisions of Cal. Gov’t Code Chapter 4.9 (commencing with § 65995) of Division 1 of Title 7, shall be prescribed by resolution of the Board of Supervisors, and shall be collected at the time of issuance of a building permit.

(F) Use of fees and land-accounting.

(1) A district shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.

(2) A district shall provide to the Board of Supervisors the report required by Cal. Gov’t Code § 65978.

(G) Right of the Board of Supervisors to disapprove development or require other fees. Nothing in this section shall be construed to limit the right of the county to disapprove new residential development for any lawful reason, including, but not limited to, the impact that the development may have on a school or schools within any district which cannot be alleviated by the provisions of this section.

(1966 Code, § 17-58) (Ord. 617, § 2(part))

(A) Definitions. The following definitions shall apply to this section:

COMMUNITY PARK. Shall be two to ten acres, and designed to provide passive and active recreation features tailored to the specific needs and desires of the neighborhood, generally within a three-mile radius, with consideration of ongoing maintenance responsibilities and costs.

Appropriate uses: preschool and elementary-aged play areas, hard courts, specialty courts, picnic area, shaded seating area, open grass area, limited sports fields for league play, walking and bicycling trails, dog off-leash area, restrooms, off-street parking, and lit recreation facilities.

MINI PARK. Shall be one acre or less, and designed to provide passive and active recreation features tailored to the specific needs and desires of the immediate neighborhood, with consideration of ongoing maintenance responsibilities and costs.

Appropriate uses: specialized facilities that serve a concentrated or limited population or specific group, such as tots or senior citizens.

NEIGHBORHOOD PARK. Shall be one to three acres, and designed to provide passive and active recreation features tailored to the specific needs and desires of the neighborhood, generally within a half-mile radius, with consideration of ongoing maintenance responsibilities and costs.

Appropriate uses: preschool and elementary-aged play areas, hard courts, specialty courts, picnic area, shaded seating area, open grass area, limited sports fields for league play, walking and bicycling trails, and dog off-leash area. Restroom facilities may be incorporated, dependant upon the park layout. Off-street parking and lit recreation facilities are not included.

NEIGHBORHOOD/SCHOOL PARK. Shall be two to ten acres, similar in size and function to a community park, but is located immediately adjacent to a school. Some of the recreation features can be combined with the school site, such as hard courts, sports fields, and play areas, to maximize efficient use of resources. Play areas, tables, and benches should be incorporated so as to allow day use of the community park component during school hours. Use of school restroom facilities or the development of separate restroom facilities shall be considered.

PARKS AND RECREATION COMMISSION. The San Benito County Parks and Recreation Commission is a nine member commission, established to make recommendations to the Board of Supervisors on all current and future county parks, except the Veterans’ Memorial, including: use of existing county park facilities including the development of park improvements to the facilities; the need for future park facilities and their location(s); development of recreational activities and programs at county park facilities; use of federal, state and local funds for parks and recreation facilities and activities; joint use of park facilities with other agencies; coordination with federal, state and local parks and recreation agencies to enhance the use of park facilities throughout the county; and other issues as deemed appropriate by a majority vote of the Board of Supervisors.

PARKS AND RECREATION FACILITIES MASTER PLAN. Adopted by the Board of Supervisors on July 27, 2010, the purpose of the Parks and Recreation Facilities Master Plan is to define a vision for parks and recreation in San Benito County for the next 20 years and beyond, to determine the role of the county within that vision, and to develop a realistic implementation program to achieve that vision. The Master Plan identifies existing conditions and community needs, recommends capital improvements, and establishes parkland development requirements and classification systems.

PARKS MANAGER. The County Administrative Officer, or designee.

RECREATIONAL OPEN SPACE. The size of recreational open space depends on the resource to be preserved. The primary purpose of the recreational open space is to preserve and protect unique natural resources, while providing for compatible limited public recreation use.

Appropriate uses: staging areas, including parking and restrooms, interpretive signage, stations and centers, hiking and bicycling trails, fitness trails, overlooks and kiosks.

REGIONAL PARK. Shall be a minimum of 10 acres, and serve all county residents and may attract regional residents. Regional parks are often destination parks that encourage higher levels of public use and longer user-days than the community park, and may have unique landscape features that enhance community identity.

Appropriate uses: lit sports fields for night use, concession stand, restrooms, off-street parking, amphitheater, multi-use community center, nature center, gymnasium, aquatics facility, water feature for play, group picnic areas, dog off-leash area, BMX track, equestrian facilities, fitness par courses, special group camping areas.

SPECIAL USE FACILITIES. The size of special use facilities depends on the type of facility. Special use facilities meet the county-wide recreational needs and are not necessarily located in parks.

Appropriate uses: aquatics center, cultural center or community center are examples of special use facilities.

SPORTS PARK. Shall be a minimum 20 acres, and serve residents county-wide, community-based sports organizations and school programs; may also serve limited non-resident sport participants for tournaments and regional play.

Appropriate uses: sports fields, including lit fields for night use, concession areas, restrooms, off-street parking, play area, associated facilities for storage and maintenance.

TRAILS/LINEAR PARKWAYS. Existing and proposed trails and linear parkways are identified in the San Benito County Parks and Recreation Facilities Master Plan. Specific trail development standards shall be established in a separate master plan document. County trails shall be coordinated with the San Benito County Bikeway and Pedestrian Master Plan.

Appropriate uses: trails may include staging areas, including parking and restrooms, benches and shade structures, interpretive and directional signage, fitness trails, overlooks, and where sufficiently wide, neighborhood park and sport park features.

(B) Purpose and requirements. Pursuant to Cal. Gov’t Code § 66477 and to implement the San Benito County Parks and Recreation Facilities Master Plan, the subdivider shall dedicate land, pay a fee in lieu thereof or a combination of both, at the option of the county for park or recreational purposes as a condition of approval of a final map or a parcel map at the time of approval and according to the standards contained in this chapter. The land dedicated or the fees paid, or both, shall be used for local or regional community and neighborhood parks and recreational facilities in such a manner that the locations and use of such parks and recreational facilities bear a reasonable relationship to the anticipated use of the park and recreational facilities by the inhabitants of the subdivision generating such dedication or fees, or both.

(C) General standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within this county be devoted to park and recreational services.

(D) Standards and formula for dedication of land. Where a neighborhood or community park or recreational facility has been designated in the adopted 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 park sufficient in size and topography to serve the residents of the subdivision and to conform to the adopted general plan. Value credited for dedicated lands in excess of 20% slope or subject to inundation due to a 100-year storm shall be adjusted to reflect the reduced utility of the lands for park purposes. The amount of land to be provided shall be determined pursuant to the following standards:

(1) Formula based on dwelling units.

(a) The formula for determining acreage to be dedicated shall be as follows:

(b) For the purpose of this section, the number of proposed dwelling units shall be determined as follows:

1. In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map.

2. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units in the area so zoned shall equal the maximum number of dwelling units allowed under that zone.

3. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map.

4. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved final development plan.

(c) The term DWELLING UNIT, for purposes of this section, shall not include units lawfully in place prior to the date of tentative map approval.

(d) Dedication of the land shall be made in accordance with the procedures contained in the Map Act.

(e) The following types of parks will not be counted towards the parks acres per 1,000 population:

1. “Mini-park”.

2. Parks maintained by a home owners association and not open to the public.

3. Active recreation facilities located within detention/retention basins or portions of parks with excessive slopes or that have other use limitations.

4. Facilities on school property will not be counted unless they are special use facilities developed through a joint use agreement for community recreational use, such as sports fields, gymnasium or swimming pool.

(f) Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Planning Commission with recommendations provided by the Director of Planning and Building, the Parks Manager and the Parks and Recreation Commission, in location, topography, environmental characteristics, and development potential as related to the intended use. Principal consideration shall be given to lands that offer:

• 1. A variety of recreational potential for all age groups;
• 2. Recreational opportunities within walking distance from residents’ homes;
• 3. Possibility for expansion or connection with school grounds;

4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;

5. Coordination with all other park systems; and

6. Access to at least one existing or proposed public street.

(g) Recreational open space may be substituted for developable parkland. Open space shall be valued at 10% of the value of useable parkland. No more than 10% of total parkland may be open space. San Benito County is not obligated to accept open space in lieu of developable parkland, but may consider it as an option. San Benito County may require trails or other such features in order for the open space to qualify as parkland.

(2) Fee in lieu of dedication.

(a) General formula. If there is no park or recreational facility designated in the general plan or the San Benito County Parks and Recreation Facilities Master Plan to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, either dedicate land in the amount provided in § 23.15.008(D)(1) or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in § 23.15.008(D)(1) and in an amount determined in accordance with the provisions of § 23.15.008(F).

(b) Fees in lieu of land—Fifty parcels or less. Except as provided in § 23.15.008(E), if the subdivision does not provide and has no park or recreational facilities, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in § 23.15.008(D)(1) and in an amount determined in accordance with the provisions of § 23.15.008(F).

(c) Use of money. The money collected shall be used, in accordance with the schedule developed pursuant to § 23.15.008(J), for the purpose of acquisition, development and rehabilitation of existing facilities, developing new or rehabilitation of existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. The money shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion as their ownership that the size of their lot bears to the total area of all lots in the subdivision. Appropriating of funds shall not apply to wages, benefits or similar uses.

(E) Criteria for requiring both dedication and fee. If the proposed subdivision contains more than 50 parcels, or, in the case of a condominium project or community apartment, if the proposed subdivision contains more than 50 dwelling units, the subdivider shall both dedicate land and pay a fee in lieu of dedication as determined by the county in accordance with the following:

(1) When only a portion of the land to be subdivided is proposed in the general plan or the San Benito County Parks and Recreation Facilities Master Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of § 23.15.008(F) shall be paid for any additional land that would have been required to be dedicated pursuant to § 23.15.008(F).

(2) When a major part of the local park or recreational site has already been acquired by the county and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to § 23.15.008(F) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to § 23.15.008(D)(1). The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other local neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

(F) Amount of fee in lieu of parkland dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the unimproved useable land being subdivided and the estimated fair market value of the land which would otherwise be required to be dedicated according to § 23.15.008(D)(1).

(1) The fair market value shall be as determined by the County Assessor for each six month period prior to January 1st and July 1st of each calendar year. For purposes of determining fair market value pursuant to this subsection, the County Assessor and any appraiser shall consider, among other things:

(a) Conditions of similar nearby properties of developed or useable land with entitlements in the county;

(b) The general plan and zoning requirements for the area;

(c) The location and site characteristics of the property; and

(d) Off-site and on-site improvements facilitating use of the property.

(G) Determination of land or fee. Whether the county accepts land dedication, or elects to require the payment of a fee in lieu thereof, or a combination of both, the following shall be determined by consideration:

(1) Policies, standards and principles for park and recreation facilities in the general plan;

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

(3) Size and shape of the subdivision and land available for dedication;

(4) Feasibility of dedication;

(5) Compatibility of dedication with the general plan;

(6) Availability of existing local or regional previously acquired park property within a reasonable distance or reasonably related to serve the subdivision; and

(7) Recommendations of the Parks and Recreation Commission and Parks and Recreation Facilities Master Plan.

The determination by the county as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.

(H) Credit for improvements. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.

(I) Procedure.

(1) At the time of the approval or conditional approval of the tentative map, the Planning Commission or the applicable development review committee, as the case may be, shall determine, after a report and recommendation from the Parks and Recreation Commission, whether land, in-lieu fees or combination of land and fees, shall be dedicated and/or paid by the subdivider.

(2) The body approving the tentative map may approve, modify or disapprove the recommendation of the Parks and Recreation Commission; provided that, however, any modification of the proposed recommended condition not previously considered by the Parks and Recreation Commission shall first be referred back to the Parks and Recreation Commission for a report and further recommendation. The Parks Manager shall report back to the approving body with the Parks and Recreation Commission’s recommendations within 30 days. After receipt and consideration of the report, or after 30 days have passed in the event no report is received, the approving body may act on the condition.

(3) The recommendation of the Parks and Recreation Commission, with assistance from the Parks Manager shall include the following:

(a) The amount of land required; or

(b) That a fee be charged in lieu of land; or

(c) That a combination of land and a fee be required; and

(d) The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

(e) The approximate time when the development of the park and recreation facility shall commence.

(4) At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the county.

(5) Prior to the approval of the final map or parcel map, the subdivider shall develop a park and recreation facility schedule to include the following:

(a) The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and

(b) The approximate time when the development of the park and recreation facility shall commence.

(6) Open space covenants, conditions and restrictions for private parks or recreational facilities shall be submitted to the Parks Manager prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map.

(7) At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the county.

(J) Schedule of use. The county shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop or rehabilitate park and recreational facilities to serve the residents of the subdivision. The Parks Manager shall enforce the plan and report to the Parks and Recreation Commission on a yearly basis for the five year period in which the money is to be utilized.

(K) Not applicable to certain subdivisions. The provisions of this § 23.15.008 shall not apply to the following:

(1) Subdivisions containing four or less parcels and not used for residential purposes. However, 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, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

(2) Commercial or industrial subdivisions.

(L) Development agreements. If a developer enters into a development agreement, per Chapter 19.11 of the San Benito County Code, the developer may deviate from these park standards if they are providing parkland dedication, parkland fees or a combination above the basic requirements of this section.

(1966 Code, § 17-59) (Ord. 617, § 2(part); Ord. 908, § 1, 2012)

(A) General. As a condition of approval of a tentative map, a subdivider shall reserve sites within the subdivision, appropriate in area and location, for parks, recreation 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 county to reserve sites as so determined by the county in accordance with the policies and standards contained in the general plan or the adopted specific plan. The reserved area must be of a 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, at its discretion, shall, at the time of approval of the final or parcel map, enter into a binding agreement to acquire the reserved area within two 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 submittal 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.

(1966 Code, § 17-60) (Ord. 617, § 2(part))

(A) Purpose. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a parcel or final map or as a condition of issuing a building permit, for the purpose of defraying the actual or estimated cost of constructing storm drains, sanitary sewers, bridges or major thoroughfares pursuant to Cal. Gov’t Code §§ 66483 and 66484, and to implement the transportation element of the general plan.

(B) Definitions. For the purposes of this section, the following words and phrases shall be construed as defined in this division.

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

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

(C) Payment of fees.

(1) Prior to recording a parcel or final map that includes land within an area of benefit established pursuant to this section, a subdivider shall pay or cause to be paid any fees established and apportioned to the property pursuant to this section for the purpose of defraying the actual or estimated cost of construction.

(2) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, an applicant for the 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 construction, unless the fees have been paid pursuant to division (C)(1) above.

(3) Notwithstanding the provisions of divisions (C)(1) and (2) above:

(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 or reconstruction of any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. Bridge fees shall not be expended to reimburse the cost of existing bridge facility construction.

(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 boundaries of the area of benefit.

(D) Consideration in lieu of fees. Upon application by the subdivider or applicant for a building permit, the Board of Supervisors may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the Board of Supervisors finds, upon recommendation of the County Engineer:

(1) That the substitute consideration has a value equal to or greater than the fee required pursuant to this section; and

(2) That the substitute consideration is in a form acceptable to the Board of Supervisors.

(E) Public hearing. Prior to establishing an area of benefit, a public hearing shall be held by the Board of Supervisors 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 shall be established. Notice of the public hearing shall be given pursuant to § 23.07.006 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 fee and the area of benefit established pursuant to this section may be established by ordinance or resolution.

(G) Exemptions. The provisions of this section shall not be applicable to the issuance of building permits for the following type of development:

(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 after the effective date of the ordinance codified in this title does not exceed 15% of the current building size (square feet), as determined by the Building Official, of all existing buildings on the 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 § 501 of 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 single or duplex 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, a protest by the owners of more than one-half of the area of the property to be benefitted by the improvement may be recorded with the Clerk of the Board. The protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the property, and, if the signers are not shown on the latest equalized assessment roll as the owners of the property, must contain or be accompanied by written evidence that the signer are the owners of the property. Any protest may be withdrawn, in writing, by the owners making the protest, at any time prior to the conclusion of the public hearing.

(2) If there is a written protest submitted with the Clerk of the Board by the owners of more than one-half 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 of that to be benefitted, then the proposed proceedings shall be abandoned and the Board of Supervisors shall not, for one year from the submitting of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested, under the provisions of this section.

(1966 Code, § 17-61) (Ord. 617, § 2(part))