Chapter 17.09

DEDICATIONS, FEES, REIMBURSEMENT AND RESERVATIONS, CERTAIN PUBLIC FACILITIES

• A. Pedestrian walkways or bikeways may be required where needed for:

  1. Access to schools, playgrounds or parks, shopping centers, or other public areas;

  2. Traffic safety; and

  3. Access through unusually long blocks.

• B. As used in this section "dedication" means a transfer by a subdivider to a city, county, or city and county of title to real property and any interest therein, or of an easement or right in real property, the transfer of facilities, or the installation of improvements as defined in Section 17.02.010 or any combination thereof.

• (Ord. 333 § 2, 1991)

• A. A subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the city council deems to be necessary for the purpose of constructing thereon such elementary schools as provided for in Section 66478 of the Subdivision Map Act.

• B. In the event the land is not used by the school district as a school site within ten years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor, together with interest at the rate of seven percent per year from the date of payment by the district to the date the option is exercised.

• C. The school district to which the property is dedicated shall record a certificate with the county recorder, containing therein all information required by said Section 66478 of the Subdivision Map Act.

• (Ord. 333 § 2, 1991)

• A. The City may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following conditions:

  1. The requirement is based upon an adopted specific plan or an adopted general plan containing a community facilities element, a recreation and parks element, or other requirements, needs or related subjects which pertain to the development of the city, and the required reservations are in accordance with definite principles and standards contained therein;

  2. The reserved area is 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;

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City of Wheatland, CA § 17.09.030

SUBDIVISIONS

• B. The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

• C. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvement, unless such period of time is extended by mutual agreement.

• D. 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.

• (Ord. 333 § 2, 1991)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Subdivision Map Act.

(Ord. 333 § 2, 1991)

The council may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or constructing major thoroughfares subject to the following requirements as provided in Section 66484 of the Subdivision Map Act:

• A. Fees may be required for facilities when they are identified by the circulation element, transportation or flood control provisions of the general plan;

• B. A public hearing shall be held and notice shall be given;

• C. The boundaries of the area of benefit, the costs, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be determined at a public hearing;

• D. Fees shall not be required unless the requirements of Section 66484 of the Subdivision Map Act have been met;

• E. Protests may be filed and proceedings shall be abandoned as provided in Section 66484 of the Subdivision Map Act; and

• F. All procedures for imposing and handling fees have been met. (Ord. 333 § 2, 1991)

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City of Wheatland, CA

WHEATLAND CODE

§ 17.09.060

§ 17.09.100

• 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. However, the subdivider shall be reimbursed 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, pursuant to the provisions of Sections 66485 et seq. of the Subdivision Map Act.

• B. No charge, area of benefit, or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 17.09.050 of this chapter is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or supplemental improvements are the actual ultimate beneficiaries thereof. The notice required by Section 17.09.050 of this chapter, shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city manager at least ten days prior to the date established for hearing.

• C. If the city has adopted a local drainage or sanitary sewer plan 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 title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this title. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges, or thoroughfares, and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

Sections 17.09.070 through 17.09.200 are enacted pursuant to the authority granted by Sections 66475, 66475.1, 66476 and 66477 of the Government Code of the state, as amended, and added by Chapter 1536, Statutes of 1974, and pursuant to the authority of the Charter of the city. (Ord. 333 § 2, 1991)

The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the parks and recreation section of the public facilities element of the general plan of the city.

(Ord. 333 § 2, 1991)

As a condition of approval of any final subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes according to the standards set out in this chapter.

(Ord. 333 § 2, 1991)

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City of Wheatland, CA § 17.09.100

SUBDIVISIONS

§ 17.09.130

• A. Where a park or recreational facility has been designated in the parks and recreation section of the public facilities element of the general plan of the city and the park or facility is to be located in whole or in part within a proposed subdivision, to serve the immediate and future needs of the residents of the subdivision, the subdivider shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the subdivision area. The park land to be so dedicated shall conform to locations and standards set forth in the general plan of the city. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose.

• B. The amount of land to be provided shall be determined pursuant to the standards set forth in this chapter for establishing the formula for land dedication or for payment of fees in lieu thereof.

• (Ord. 333 § 2, 1991)

• A. If there is no park or recreational facility designated or required in whole or in part within proposed subdivision, and the proposed subdivision is within a one-mile radius of a neighborhood park, or recreation facility, or district park, or proposed neighborhood park, or proposed recreational facility, or proposed district park, designated in the plan, the subdivider shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined by the provisions of this section.

• B. A fee in lieu of land dedication hereunder shall be required when:

  1. A subdivider is subdividing land on which no park is shown or proposed; or

  2. When dedication is impossible, impractical, or undesirable; or

3. When the proposed subdivision contains fifty parcels of land or less.

(Ord. 333 § 2, 1991)

In certain subdivisions in excess of fifty parcels of land, a combination of land dedication and fee payment may be required. These shall be subdivisions in which:

• A. Only a portion of the land to be subdivided is proposed in the general plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the subdivision, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this chapter; or

• B. A major part of the park or recreation site falling within the subdivision has already been acquired, and only a small portion of land is needed from the subdivider to complete the park or recreation site, in which case the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this chapter.

• (Ord. 333 § 2, 1991)

The money collected pursuant to this chapter is to be used only for the purpose of providing park

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City of Wheatland, CA § 17.09.130

WHEATLAND CODE

§ 17.09.170

or recreational facilities to serve the subdivision from which fees are collected. Fees so collected shall be used to purchase land, buy equipment or construct improvements in neighborhood and district parks and recreational facilities serving said subdivision. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

(Ord. 333 § 2, 1991)

In accordance with the parks and recreation section of the public facilities element of the general plan of the city it is found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons residing within the city be devoted to public park and recreational facilities. (Ord. 333 § 2, 1991)

In calculating dedication and in-lieu payment requirements under this section, the following table, derived from density assumptions of the general plan, shall apply:

==> picture [425 x 182] intentionally omitted <==

----- Start of picture text -----
Acreage Requirement per
Dwelling Units Density of Persons Dwelling Unit within
Dwelling Type per Acre per Dwelling Unit Subdivision
Single-family 1—7 3.6 .01
Duplex—Medium- 8—19 3.1 .009
density apartments
High-density 20—29 1.8 .005
apartments
High-density 30—39 1.8 .005
apartments
High-density 40+ 1.8 .005
----- End of picture text -----

(Ord. 333 § 2, 1991)

The city council shall, upon approving a subdivision map, determine the conditions necessary to comply with the requirements for park land dedication or fees in lieu thereof as set forth in this chapter, and said conditions shall be attached as conditions of approval of the map. (Ord. 333 § 2, 1991)

At the time of filing of the final subdivision map for approval, the city manager shall, in those cases where a fee in lieu of dedication is required either in whole or in part, determine the fair market value of the land in the proposed subdivision, and this determination shall be used in calculating the fee to be paid. If the subdivider objects to the fair market value determination, he or she may, at his or her own expense, obtain an appraisal of the property of a qualified real

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City of Wheatland, CA § 17.09.170 SUBDIVISIONS

§ 17.09.210

estate appraiser approved by the city, which appraisal of fair market value may be accepted by the city council if found reasonable. Alternatively, the city and the subdivider may agree as to the fair market value.

(Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. For the purposes of the formula established by this chapter, the following definitions shall apply:

  1. "A" means the acreage required per dwelling unit within the proposed subdivision for park and recreational facilities from Section 17.09.150 of this chapter.

  2. "B" means the number of dwelling units in the proposed subdivision.

  3. "C" means the fair market value per acre of land in the proposed subdivision.

• B. The following formula shall be used in calculating land required for dedication under this section:

A x B = L (Land required for dedication in proposed subdivision)

• C. The following formula shall be used in calculating in-lieu fees required to be paid under this section:

A x B x C = F (fee required)

• (Ord. 333 § 2, 1991)

At the time of approval of the final subdivision map, the city shall specify when development of the park or recreational facilities shall begin. (Ord. 333 § 2, 1991)

The provisions of this chapter do not apply to industrial subdivisions; nor do they apply to condominium projects 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, nor do they apply to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

(Ord. 333 § 2, 1991)

The planning commission may impose a requirement of dedication or irrevocable offer of dedication of real property within the subdivision for streets, alleys, including access rights, or a waiver thereof, and abutter's rights, or a waiver thereof, drainage, public utility easements, and other public easements, including, but not limited to, bicycle paths for the use and safety of residents of the subdivision.

(Ord. 333 § 2, 1991)

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City of Wheatland, CA

SUBDIVISIONS

§ 17.10.010

§ 17.10.050

CHAPTER 17.10 FEES, BONDS AND DEPOSITS