Article 15 — Improvement Fees, Supplemental Capacity, and Reservations

As a condition of the approval of the final map or parcel map or as a condition of the issuance of a building permit, the subdivider may be required to pay fees or other considerations in lieu thereof pursuant to this section and Section 66484 of the Subdivision Map Act in order to defray the actual or estimated costs of constructing such bridges over waterways, freeways, and canyons and for constructing such major thoroughfares, including any necessary signalization, as may be identified as necessary in the transportation of flood control or other provisions of the Circulation Element and other elements of the General Plan of the City or applicable Specific Plans. (Ord. 744-NS, eff. April 17, 1980)

As a condition of the approval of any subdivision, the tentative map of which is filed subsequent to the adoption of a Specific Plan or a General Plan Community Facilities Element, a General Plan Recreation and Parks Element, or a General Plan Public Building Element containing definite principles and standards regarding the determination of the need for and location of public uses of land, the subdivider may be required to reserve areas of real property within the subdivision for schools, parks, recreational facilities, open space, fire stations, libraries, or other public uses pursuant to the provisions and subject to the powers and obligations set forth in Sections 66479, et seq, of the Subdivision Map Act. Nothing in this section shall be construed to limit the authority of the City to levy fees pursuant to this Code, including, but not limited to, Section 9-3.1504 of this article.

(Ord. 744-NS, eff. April 17, 1980)

As a condition of the approval of any subdivision, the tentative map of which is filed no sooner than thirty (30) days after the adoption of any applicable drainage or wastewater plan for a particular drainage or wastewater area, the subdivider may be required to pay fees or considerations in lieu thereof for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas and of constructing planned wastewater facilities for local wastewater areas pursuant to

the provisions of, and subject to the conditions, powers, and obligations set forth in Section 66483 of the Subdivision Map Act.

(Ord. 744-NS, eff. April 17, 1980)

As a condition of the approval of any map, the subdivider may be required to construct improvements or to pay fees or other considerations in lieu thereof in order to resolve or mitigate problems identified in environmental impact review documents or to comply with the requirements of the General Plan and Specific Plans of the City and laws and standards adopted pursuant thereto.

(Ord. 744-NS, eff. April 17, 1980)

(a) The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public.

(b) The City or appropriate entity shall enter into an agreement for reimbursement to the subdivider of the costs of the supplement capacity, size, or number. However, the subdivider shall be reimbursed only for that portion of the costs of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only and the actual costs of oversized improvements.

(c) To pay the costs of such a reimbursement, the Council, at its discretion, may:

(1) Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefitted thereby; or

(2) Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements; or

(3) Establish and maintain local benefit districts for the levy and collection of the charge attributable to the property benefitted by the supplemental capacity.

(d) If the City has adopted a local drainage or wastewater plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the City may impose a reasonable charge on property within the area benefitted and may provide for the collection of such charge as set forth in this chapter. The City may enter into reimbursement agreements with a subdivider who constructs such facilities, bridges, or thoroughfares, and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth in this section.

(Ord. 744-NS, eff. April 17, 1980)