St. Helena Municipal Code Ch. 16.28 Dedications, Fees and Reservations

DEDICATIONS, FEES AND RESERVATIONS

Sections:

• 16.28.010 Dedication of streets, alleys and other public rights-of-way and transit facilities.

• 16.28.020 Waiver of direct street access.

• 16.28.030 Dedications.

• 16.28.040 Parkland dedication and fees.

• 16.28.050 School site dedication.

• 16.28.060 Dedication of solar easements.

• 16.28.070 Dedication of access to public resources.

• 16.28.080 Reservations.

• 16.28.090 Bridge crossing and major thoroughfares fees.

• 16.28.100 Storm drainage and sanitary sewer fees.

• 16.28.110 Supplemental improvement capacity.

• 16.28.120 Interim classroom facilities.

As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following:

A. All land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements;

B. All land within the subdivision that is needed for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items which directly benefit the resident of a subdivision;

C. When implementation of the general plan would require the development of a bikeway, equestrian, hiking or other recreational or transportational trails and paths in the subdivision, the subdivider shall dedicate such land as is necessary and feasible to provide for such trails and paths. (Ord. 02-1 § 12; prior code § 25.99)

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. (Prior code § 25.100)

All dedications of property to the city for philanthropic purposes shall be made in fee title, except that, in the city’s discretion, a grant of an easement may be taken. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. All dedications shall be made at the time of filing the final or parcel map. (Prior code § 25.101)

A. Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the park and recreation policies and standards adopted by the city council, which are an element of the St. Helena general plan, adopted by the city on April 23, 1991.

B. Requirements. At the time of approval of the tentative map, or parcel map, the city council shall determine pursuant to subsection D of this section the land required for dedication or amount of in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this section.

C. General Standards. It is found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each one thousand (1,000) persons residing within this city be devoted to local park and recreational purposes.

D. Formula for Dedication of Land. Where a park or recreation facility has been designated in the St. Helena master park and recreation plan, or is required in accordance with the parks and recreation subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision.

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

3 acres Average No. of Persons/Unit × = minimum acreage dedication 1,000 pop.

(Example for single-family dwelling unit (DU):

3 acres 2.54 × = .0076 acres/(DU) 1,000

The following table of population density has been established pursuant to Section 66777(a)(2) of the Government Code:

Park Land Dedication Formula Table

***** From 1990 Federal Census.

Dedication of the land shall be made in accordance with the procedures contained in subsection K of this section.

For the purposes of this subsection, the number of new dwelling units shall be based upon the number of new parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit or parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling unit lawfully in place prior to the date on which the parcel or final map is filed.

The subdivider shall, without credit:

1. Provide full street improvements and utility connections, including but not limited to curbs, gutters, street paving, traffic-control devices, street trees and sidewalks to land which is dedicated pursuant to this section;

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved drainage through the site; and

4. Provide other minimal improvements which the city council determines to be essential to the acceptance of the land for recreational purposes, including but not limited to removal of debris, clearing of the site, and temporary hydroseeding.

The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be approved by the parks and recreation commission and the city council.

• E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreation facility designated in the St. Helena master park and recreation plan or required in accordance with the parks and recreation element of the St. Helena 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 lieu of dedicating land, pay a fee. The fee shall be equal to the value of that land, plus twenty percent (20%) toward costs of improvements, prescribed for dedication in subsection D of this section. The value of the land shall be determined in accordance with the provisions of subsection G of this section. Such fee shall be used for a local park which bears a reasonable relationship to serve present and future residents of the area being subdivided. For the purposes of this section, “improvements” are defined as those improvements which would have been required if land had been dedicated using the provisions of subsection D of this section.

2. Fees in Lieu of Land—Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty (20) percent toward costs of improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in subsection D of this section, and in an amount determined in accordance with the provisions of subsection G of this section. However, when a condominium project, stock cooperative or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). Further, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the city council.

   3. Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

• F. Criteria for requiring both dedication and fee. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

  1. When only a portion of the land to be subdivided is proposed on the St. Helena master park and recreation plan or is required in accordance with the parks and recreation element of the St. Helena general plan, as the site for a local park, 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 the value of any additional land, plus twenty percent (20%) toward costs of improvements, that would have been required to be dedicated pursuant to subsection D of this section.

  2. When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection G of this section shall be paid in an amount equal to the value of the land, plus twenty percent (20%) toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to subsection D of this section. Such fees shall be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision.

G. Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the average fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection D of this section, plus twenty (20) percent toward costs of improvements, such as extension of utility lines. The fee shall be determined by the following formula:

Where

DUs = Number of dwelling units as defined in subsection D of this section

Pop = Population per dwelling unit as defined in

DU = subsection D of this section

FMV = Fair market value, as determined by subsection H of this section

Buildable Acre = A typical acre of the subdivision, with a slope less than ten percent (10%), located in other than an area in which building is excluded because of flooding, easements or other restrictions

Fees to be collected pursuant to this section shall be approved by the parks and recreation commission and the city council.

H. Determination of Fair Market Value. The fair market value shall be determined by the city with a written appraisal report prepared and signed by an appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final map. The appraisal costs shall be paid by the subdivider. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to the filing of the final map, the city will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purpose of this subsection, the determination of the fair market value of a buildable acre, as defined in subsection G of this section, shall consider, but not necessarily be limited to, the following:

1. Approval of and conditions of the tentative subdivision map;

2. The general plan;

   3. Zoning;

   4. Property location;

   5. Off-site improvements facilitating use of the property;

   6. Site characteristics of the property.

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

  1. The natural features, access and location of land in the subdivision available for dedication;

  2. The size and shape of the subdivision and land available for dedication;

  3. The feasibility of dedication;

  4. The compatibility of dedication with the St. Helena master park and recreation plan; and

  5. The location of existing and proposed park sites and trailways.

The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

J. Credit for Private Open Space. No credit shall be given for private open space or recreational facilities in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, real estate development, stock cooperative or community apartment project, as defined in Sections 11003, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in lieu thereof if the city council finds that it is in the public interest to do so and that all the following standards are met:

1. Yards, court areas, setbacks and other open spaces required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

2. Private park and recreation facilities shall be owned by a homeowners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent (100%) affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities, or subject to a covenant running with the land requiring continued operation by the developer or owner;

3. Use of the private open space is restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor;

4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, including recreational community gardening, children’s play apparatus areas, picnic areas, hiking, jogging and bicycle trails and paths, or landscaped exercise areas, taking into consideration such factors as size, shape, topography, geology, access and location;

5. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the general plan; and

6. The open space for which credit is given is generally a minimum of three acres and provides all the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

a. Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball and football, and have at least one acre of maintained turf with less than five percent slope,

b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar areas especially designed and exclusively used for court games,

c. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, spas or all three. They must also include decks, lawn area, bathhouses or other facilities developed and used exclusively for swimming and diving and typically consisting of no less than fifteen (15) square feet of water surface area for each three percent of the population of the subdivision, with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool,

d. Recreation buildings and facilities and designed and primarily used for the recreational needs of residents of the development,

• e. Children’s play facilities such as slides, swings, climbing structures and sandboxes.

The determination of the city council as to whether credit shall be given and the amount of credit shall be final and conclusive.

K. Procedure. At the time of approval of the tentative map or parcel map, the city council shall determine, pursuant to subsection D of this section, the land required for dedication. If the city council requires in-lieu fee payment by the subdivider, the amount of the in-lieu fee will be based upon the land required for dedication as determined by subsection D of this section.

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land or pay the fees as required by the city council as established at the time of tentative map or parcel map approval. In-lieu fees shall be based on current land values at the time of final map approval with the formula set forth in subsection G of this section. The city council shall set the in-lieu fee based on the fair market value of the land as determined using the process set forth in subsection H of this section.

The subdivider shall pay one-half of the fees prior to recordation of the final map and the remaining one-half shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision, until all required fees have been paid.

Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

L. Disposition of Fees. Fees determined pursuant to subsection G of this section shall be deposited into the subdivision park fund, or its successor. Money in that fund shall be expended solely for acquisition, development or rehabilitation of park land or improvements related thereto.

1. Collected fees shall be appropriated by the city to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on onehalf of the lots created by the subdivision, whichever occurs later.

2. If such fees are not so committed, these fees, less an administrative charge, 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.

3. The city treasurer shall report to the city council at least annually on income, expenditures and status of the subdivision park fund.

M. Exemptions. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section; provided, however, that a condition shall 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 may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of this section do not apply to commercial or industrial subdivisions; 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 from the date of certificate of occupancy when no new dwelling units are added.

The city council may, upon receipt of a written request, waive the requirements of this section for those dwelling units which are to be built as affordable units as defined by the city’s growth management plan.

N. Subdivider-Provided Park and Recreation Improvements. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The city council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

O. Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

P. Sale of Dedicated Land. If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the city council. The resultant funds shall be used for purchase of a more suitable site. If the city determines to dispose of the property, the subdivider or the subdivider’s successor shall have a right of first refusal to purchase the property at fair market value.

Q. Development Agreement. Except as expressly prohibited by Section 66477 of the California Government Code, the terms and procedures of this section may be waived or modified by development agreement adopted pursuant to Section 65864 et seq., of the California Government Code. (Ord. 02-1 § 13; prior code § 25.102)

A. As a condition of approval of a tentative map or tentative parcel map, a subdivider who develops or completes the development of one or more subdivisions within the St. Helena Unified School District shall dedicate to the school district such lands as the planning commission or city council shall deem to be necessary for the purpose of construction thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

B. The requirement of dedication shall be imposed at the time of approval of the tentative map or tentative parcel map. If, within thirty (30) days after the requirement of the 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 sixty (60) days after the filing of the final map or parcel map on any portion of the subdivision.

C. 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. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map or tentative parcel map. (Prior code § 25.103)

As a condition of approval of a tentative map or tentative parcel map, there may be imposed, in accordance with the provisions of Section 66475.3 of the State 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 of any solar energy system, as defined in Section 801.5 of the California Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map or tentative parcel map is filed.

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

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

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

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

The foregoing provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added. (Prior code § 25.104)

A subdivider shall be required to dedicate easements to provide public access to or along the shore lines of public natural resources, including a public waterway, river or stream, lake or reservoir, and coastline or shoreline in accordance with the criteria set forth in Government Code Sections 66478.4—66478.14. (Prior code § 25.105)

A. As a condition of approval of a tentative map or tentative parcel map, the planning commission or city council may require the subdivider to 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. Where a park, recreational facility, fire station, library or other public use is shown on any applicable specific plan or the 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 in accordance with the principles and standards contained in the plans or implementing laws. 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 the plans 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. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final 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. The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. 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 § 25.106)

A. 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 purposes of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the state Subdivision Map Act.

• B. Whenever the following words are used in this section, they shall have the following meaning:

  1. “Construction” means design, acquisition of right-of-way, administration of construction contracts and actual construction.

  2. “Major thoroughfare” means a roadway as shown on the circulation element of the general plan whose primary purpose is to carry through traffic and provide a circulation network for the city.

C. Whenever this section refers to the circulation element of the general plan or to the transportation or flood control provisions thereof, it shall mean the circulation element of the general plan and the transportation and flood control provisions thereof heretofore adopted by the city pursuant to Chapter 3 of Title 7 of the state Government Code, together with any additions or amendments thereto adopted after the effective date of the ordinance codified in this chapter.

D. Prior to filing a parcel or final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to the 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.

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

• F. Notwithstanding the provisions of subsections D and E of this section:

  1. 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.

  2. 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.

G. Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. The notice of such hearing shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

H. 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 written 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 protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same 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 protest shall be delivered to the city clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owner’s making the same, in writing, at any time prior to the conclusion of the public hearing.

I. If there is written protest filed with the city clerk by the 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 that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

J. If the city council finds that a majority protest has not been made, they shall make the determinations required by subsection G of this section and decide whether or not to confirm the area of benefit. The city council shall announce its decision by resolution, which shall be recorded with the office of the county recorder. There is established fees for the purposes of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the city council may adopt pursuant to this section. The fees and the area of benefit to which such fees are apportioned shall be established as set forth in the resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as condition of approval of a parcel or final map or as a condition of issuing a building permit for such property or portions thereof.

• K. Notwithstanding the provision of subsection J 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, the total value, as determined by the planning director, 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 planning director, of all existing building 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.

L. Upon application by the subdivider or applicant for a parcel or final map or a building permit, the planning commission, in the case of subdivision of four or less parcels, or the city council, in the case of subdivision of five or more parcels, may accept consideration in lieu of fees required pursuant to this section, provided:

1. The city council or planning commission, as the case may be, finds upon recommendation of the public works director the substitute consideration has a value equal to or greater than the fee; and

2. The substitute consideration is in a form acceptable to the city council or planning commission, as the case may be. (Prior code § 25.107)

The city council may impose fees authorized by Sections 66483 et seq. of the state Subdivision Map Act by adopting an ordinance in conformance with the requirements set forth therein. (Prior code § 25.108)

A. As a condition of approval of a tentative map or a tentative parcel map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the city shall, subject to the provisions of Sections 66486 and 66487 of the state Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

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

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

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

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

C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the city council pursuant to Section 16.04.100 and the city council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

D. In addition to the notice required by Section 16.04.100, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they be ascertained at the time. Such notices shall be mailed by the city clerk at least ten (10) days prior to the date established for the hearing. (Prior code § 25.109)

The city may require a subdivider to dedicate land or pay fees instead, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in conformance with Government Code Sections 65970 through 65980. (Prior code § 25.110)