Sierra County Municipal Code Ch. 23.14 Dedications, Reservations and Development Fees

As a condition of approval of a tentative parcel or subdivision map, the subdivider shall dedicate or make an irrevocable offer of dedication of all real property within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, open space easements, scenic easements, snow storage easements, public utility easements, and other public easements. The subdivider shall be required to offer for dedication easement and rights-of-way for the furnishing and serving of utilities. It shall be the responsibility of the subdivider to obtain approval of serving utility companies as to location of any utility easements which are to be shown on the final map or parcel map and to obtain concurrence of the serving utility company in writing as to supplying utility services to individual parcels. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, open space easements, scenic easements, public utility easements, and other public 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. (Formerly 23.14.001)

The county may require as a condition of approval of a tentative parcel or subdivision 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. (Formerly 23.14.002)

A. General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the county, and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the county. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the policies, principles and standards for park and recreational facilities contained in the general plan. A general plan text reference, policy or map may require such a dedication.

B. Requirements. As a condition of approval of a tentative parcel or subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the county, for park or recreational purposes at the time and according to the standards and formula contained in this section. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future 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, safety and welfare require that three acres of property for each 1,000 persons residing within the county be devoted to local park and recreational purposes.

D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:

(Acres of Parkland) / (Dwelling Unit) = 0.003 Acres* x (Average No. of Persons) / (Persons Dwelling Unit)

*(Based on three acres of parkland per 1,000 population)

The following parkland dedication table, based on the above formula, is to be followed:

For the purposes of this section, the number of proposed dwelling units shall be determined as follows: 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. 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. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved final development plan. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Planning Commission and the Director of Parks Department or the Director of Transportation, as appropriate, in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including, but not limited to: tot lots, play lots, playgrounds, neighborhood parks, play fields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizen activities. Principal consideration shall be given therefore to lands that offer:

♦ A variety of recreational potential for all age groups;

♦ Recreational opportunities within walking distance from residents’ homes;

♦ Possibility for expansion or connection with school grounds;

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

♦ Coordination with all other park systems; and

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

E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreational facility designated in the general plan 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, in the county’s discretion, either dedicate land in the amount provided in subsection (D) of this section or pay a fee in lieu of dedication in an amount determined in accordance with the provisions of subsection (G) of this section.

2. Fees in Lieu of Land – 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, 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 proposed subdivision as prescribed in subsection (C) of this section and in an amount determined in accordance with the provisions of subsection (G) of this section. Where the subdivision is a condominium project, stock cooperative or community apartment project which exceeds 50 dwelling units, dedication of land may be required, notwithstanding that the number of parcels may be less than 50.

3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to subsection (K) of this section, for the purpose of developing new or rehabilitating 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 of 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 that the size of their lot bears to the total area of all lots in the subdivision.

F. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

1. When only a portion of the land to be subdivided is proposed in the general 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 subsection (G) of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection (C) of this section.

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 for the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to subsection (G) of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to subsection (D) of this section. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.

G. 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 land being subdivided and the estimated fair market value of the land which would otherwise be required to be dedicated according to subsection (D) of this section.

The fair market value shall be as determined by the department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the county to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the county and the subdivider, which appraisal will be considered by the county in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

For purposes of determining fair market value pursuant to this section, the department and any Appraiser shall consider, among other things:

1. Conditions of approval of the tentative map;

2. The general plan and zoning requirements for the area;

3. The location and site characteristics of the property; and

4. Off-site and on-site improvements facilitating use of the property.

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

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; and

6. Availability of previously acquired park property.

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.

I. Credit for Improvements and Private Open Space. 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.

Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Cal. Bus. & Prof. Code §§ 11003, 11003.1, 11003.2, 11003.4, and 11004, respectively, and condominiums shall be eligible to receive a credit, as determined by the Board of Supervisors, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

J. Procedure.

1. At the time of the approval or conditional approval of the tentative parcel or subdivision map, the Planning Commission or Planning Director, as the case may be, shall determine, after a report and recommendation from the Director of Parks, whether land, in-lieu fees, or a combination of land and fees, shall be dedication and/or paid by the subdivider.

2. The Planning Commission or Planning Director, as the case may be, may approve, modify, or disapprove the recommendation of the Director of Parks; provided, however, any modification of the proposed recommended condition not previously considered by the Director of Parks shall first be referred back to the Director of Parks for a report and further recommendation. The Director of Parks shall report back to the Planning Commission or Planning Director within 30 days. After the receipt and consideration of the report, or after 30 days have passed in the event no report is received, the Planning Commission or Planning Director may adopt the condition.

3. The recommendation of the Director of Parks 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 or 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. At the discretion of the county, fees may be paid prior to issuance of any building permit for any structure in the subdivision.

5. Open space covenants, conditions and restrictions for private park or recreational facilities shall be submitted to the county prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map.

K. Schedule of Use. At the time of the approval of the final map or parcel map, 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 or recreational facilities to serve the residents of the subdivision.

L. Not Applicable to Certain Subdivisions. The provisions of this section shall not apply to the following:

1. Subdivisions containing four or fewer 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 within four years, 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.

3. Condominium projects or stock cooperatives which consists of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Formerly 23.14.003)

A. General. As a condition of approval of a tentative subdivision map, the subdivider shall dedicate to the appropriate school district 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 pursuant to the provisions of Cal. Gov’t. Code § 66478.

B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative parcel or subdivision 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 filing of the final map or parcel 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; and

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 map. (Formerly 23.14.004)

A. In addition to SCC 23.14.040 and subject to the limitations imposed by California Education Code § 17629 and Cal. Gov’t. Code § 65995, the county may, as a condition of approval of any tentative map or tentative subdivision parcel map, require the dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools by expanding existing public schools or construction of new school facilities.

B. The Planning Commission shall consult with the governing body of the school district which operates an elementary or high school and the governing body of the school district shall notify the Planning Commission if the governing body makes findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exists in one or more attendance areas within the district which will impair the normal functioning of educational programs. The reason for such conditions existing shall be stated; and

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist.

C. The notice of findings sent to the county shall specify the mitigation measures considered by the governing body of the school district. Mitigation measures to be considered by the governing body of the school district shall include, but not be limited to, the following:

1. School bond elections;

2. Double sessions;

3. Adjustment of interior and exterior school attendance boundaries;

4. Busing of students to other schools within the district. With respect to each such mitigation measure considered, the findings of the governing body of the school district shall state in detail how such mitigation measure was evaluated, why it is not feasible to utilize such mitigation measure, and why such mitigation measure, if used, would not serve to remove overcrowding as an impairment to normal functioning of educational programs.

D. The Planning Commission must make the following findings when requiring the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools:

1. The general plan of the county provides for the location of public schools;

2. Locations and amounts of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the surrounding community for interim elementary or high school facilities;

3. The requirement for land or fees, or both, is reasonably related and limited to the need for schools caused by the subdivision or residential development;

4. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities;

5. The facilities to be constructed from such fees or upon the land to be dedicated, or both, is consistent with the county general plan.

E. The requirement for payment of fees in lieu of dedication of land for classroom and related facilities for elementary or high schools may only be required in subdivisions containing 50 parcels or less.

Payment of fees shall be made to the school district at the time any building permit is to be issued necessary to develop the property.

F. Following the decision of the Planning Commission to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit to the Planning Commission and Board of Supervisors:

1. A schedule specifying how it will use the land or fees, or both, to solve the identified conditions of overcrowding. This schedule shall include the school sites to be used, classroom facilities to be made available, and the times when the facilities will be available.

2. The governing body of the school district, when receiving funds, shall maintain a separate account for any fees paid and shall file a report by August 1st of each year with the Planning Commission and Board of Supervisors on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. The report of the school district shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist.

G. If overcrowding conditions no longer exist, the county shall cease levying any fee or requiring the dedication of any land pursuant to this section. Any remaining funds held by the school district, as a result of fees imposed by this section, shall be deposited in the building fund of the school district. (Formerly 23.14.005)

As a condition of approval of a tentative subdivision 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 200 dwelling units or more if developed to the maximum density shown on the general plan or contains 100 acres or more, and (b) if the county 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 years old when no new dwelling units are added. (Formerly 23.14.006)

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 Cal. Gov’t. Code § 66484 of the Subdivision Map Act, and in order to implement the circulation 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” shall mean design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.

“Major thoroughfare” shall mean 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 title, 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, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection (C)(1) of this subsection.

3. Notwithstanding the provisions of subsections (C)(1)and (C)(2) of this subsection.

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 serving 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 Planning Commission or Planning Director, as the case may be, may accept consideration in lieu of the payment of fees required pursuant to this section; provided, that the Planning Commission or Planning Director, 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 county.

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, and the fee to be collected, shall be established. Notice of the public hearing shall be given pursuant to SCC 20.05.110 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 (C) 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 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 Section 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 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 benefited by the improvement may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited 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 County 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 County Clerk by the owners of more than one half of the area of the property to be benefited by the improvement protest 10/12/99, and sufficient protests are not withdrawn so as to reduce the area represented to less than one half of that to be benefited, then the proposed proceedings shall be abandoned and the Board of Supervisors 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. (Formerly 23.14.008)

The purpose of this section is to make provisions for accessing 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 drainage and sewer facilities as authorized by Cal. Gov’t. Code § 66483 of the Subdivision Map Act.

A. The Board may adopt a drainage or sewer plan for any area within the county. The Plan shall contain an estimate of the total costs of constructing the local drainage or sanitary sewer facilities required by the plan, and a map of such area showing its boundaries and the location of such facilities.

B. The costs, whether actual or estimated, are based upon findings by the Board, that subdivision and development of property within the planned local drainage area or local sanitary sewer area will require construction of the facilities described in the drainage or sewer plan, and that the fees are fairly apportioned within such areas either on the basis of benefits conferred on property proposed for subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such areas.

C. The fee as to any property proposed for subdivision within such a local area does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

D. The drainage or sanitary sewer facilities planned are in addition to existing facilities serving the area at the time of the adoption of such a plan for the area.

Such fees shall be paid to the local public agencies which provide drainage or sanitary sewer facilities, and shall be deposited by such agencies into a “planned local drainage facilities fund” and a “planned local sanitary sewer fund,” respectively. Separate funds shall be established for each local drainage and sanitary sewer area. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of local drainage or sanitary sewer facilities within the area from which the fees comprising the fund were collected, or to reimburse the local agency for the cost of engineering and administrative services to form the district and design and construct the facilities.

E. Determination of Amount of Surplus, Disposition. After completion of the facilities and the payment of all claims from any “planned local drainage facilities fund” or any “planned local sanitary sewer fund,” the Board shall determine by resolution the amount of the surplus, if any, remaining in any of those funds. Any surplus shall be used, in those amounts as the legislative body may determine, for one or more of the following purposes.

1. For transfer to the general fund of the county or city; provided, that the amount of the transfer shall not exceed five percent of the total amount expended from the particular fund; and provided, that the funds transferred are used to support the operation and maintenance of those facilities for which the fees were collected;

2. For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or

3. As a refund in the manner provided in Cal. Gov’t. Code § 66483.2.

F. Refund of Surplus. Any surplus remaining shall be refunded as follows:

1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area;

2. Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected; and

3. There shall be transferred to the general fund of the county or city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements, or the adoption by the legislative body of a resolution declaring a surplus, whichever is later to occur. (Formerly 23.14.009)

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 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 Cal. Civ. Code § 801.5. 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. (Formerly 23.14.010)

Whenever the county imposes as a condition to its approval of a tentative parcel or subdivision 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 county be obligated for such reimbursement. (Formerly 23.14.011)

The Planning Commission shall not approve a tentative parcel map or subdivision map of any proposed subdivision to be fronted on any perennial stream, river, lake or other body of water, which does not provide reasonable public access by fee or easement from a public highway to that portion of the bank of water lying within or bordering the proposed subdivision.

Reasonable public access shall be determined by the Planning Commission. In making the determination of what shall be reasonable access, the Planning Commission shall consider the following:

A. Access may be by highway, foot trail, bike trail, horse trail or any other means of travel.

B. Size of the subdivision.

C. Type of stream, river or lake bank and the various appropriate recreational, educational, and scientific uses, including but not limited to swimming, diving, boating, fishing, water skiing, scientific collection and study, aesthetics, and wildlife.

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

E. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use. Any public access route or routes and any easement along the bank of any water body provided by the subdivider shall be expressly designated on the map, and such map designation shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication. (Formerly 23.14.012)

A. The purpose of this section is to make provisions for accessing 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 groundwater recharge facilities as authorized by Cal. Gov’t. Code § 66484.5.

B. The Board may adopt a groundwater recharge facility plan for any area within the county. Prior to adopting the plan, the Board shall give notice to, and consult with, the water agency then obligated to furnish water to the area to be benefited and the water agency has formally and in writing approved the plan.

C. Prior to adopting the plan, the Board shall hold a public hearing for the proposed area of benefit.

Notice of the hearing on a proposed area of benefit shall be given pursuant to SCC 20.05.110 and shall include preliminary information concerning the groundwater recharge facility plan, including the proposed boundaries of the area of benefit, the availability of surface water, the planned facilities for the area of benefit, estimated costs, and the proposed method of fee apportionment.

Written notice of the public hearing shall be given by personal service or mail to the water agency responsible for furnishing water to the area of benefit involved in the hearing prior to or at the time notice is given by mail or by publication and posting. The proposal contained in the mailed, published or posted notice shall be jointly prepared and agreed upon by the local agency and the water agency before that notice is given. The water agency may participate in the hearings.

D. The plan shall include the boundaries of the area of benefit, the availability of surface water, the planned facilities for the area of benefit and the estimated cost thereof, a fair method of allocating the cost within the area of benefit, and the apportionment of fees within the area. The plan, as adopted by the county and approved by the water agency, shall be incorporated in a resolution of the Board and a certified copy of the plan shall be recorded with the County Recorder. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or a parcel map or as a condition of issuing a building permit for the property or portions of the property. Where the area of benefit includes lands not otherwise subject to the payment of fees pursuant to this section, the Board shall make provision for payment of the share of improvement costs apportioned to that land by other means.

E. Written protests may be filed with the clerk no later than 10 days before the public hearing. If owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of the property to be benefited, then the proposed proceedings shall be abandoned, and the legislative body shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section.

F. Any protests may be withdrawn in writing by the owner who made the protest, at any time prior to the conclusion of a public hearing held pursuant to the ordinance.

G. If any majority protest is directed against only a portion of the improvement, then all further proceedings under this section as to that portion of the improvement so protested against shall be barred for a period of one year. The Board, however, may commence new proceedings which do not include the area, acquisitions, or improvements which were the subject of the successful protest.

H. Subsequent to the adoption of a plan, the county may itself construct, operate, and maintain the groundwater recharge facilities, or it may designate the water agency furnishing the water or designate or create another agency to do all or any one of these things as authorized by law.

I. Fees paid pursuant to this section shall be deposited in a planned recharge facility fund. A fund shall be established for each area of benefit. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited.

J. The Board may accept land improvements, fees, or both, in satisfaction of any fee charged pursuant to this section.

K. Recharge facilities shall not be constructed unless the water agency approves the design of the facilities to be constructed and has reached an agreement with the county establishing the terms and conditions under which the water will be furnished. If the water agency finds that the facilities have been constructed in accordance with the approved design, the agency shall furnish water for the groundwater recharge facilities.

L. The term “construction,” as used in this section includes design, acquisition of land or easements, administration of construction contracts, and actual construction. (Formerly 23.14.013)