Chapter 16.32
DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES
Sections:
16.32.010 Dedications of streets, alleys and other public right-of-way or easements.
16.32.020 Waiver of direct access rights.
16.32.030 Dedications—Public access easements.
16.32.040 Parkland dedication.
16.32.060 Bridges and major thoroughfares.
16.32.070 Supplemental improvement capacity.
16.32.080 Major facilities fees collection (reserved)
16.32.090 Solar access easements.
16.32.110 Dedication of lands for elementary schools.
16.32.010 Dedications of streets, alleys and other public right-of-way or easements.
A. As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, local transit facilities, public access easements, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, open space easements, sunlight easements, landscape easements, scenic easements, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, public utility easements and other public easements.
B. All dedications and/or all irrevocable offers of dedications shall be necessary to ensure consistency and/or implementation of the general plan, or any applicable specific plan.
C. Improvements shall be in accordance with Chapter 16.36 of this title. (Ord. 702 § 1 (part), 1991)
16.32.020 Waiver of direct access rights.
A. The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision.
B. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Ord. 702 § 1 (part), 1991)
16.32.030 Dedications—Public access easements.
A. All dedications of property to the city for public purposes shall be made in fee title, except that, in the city’s discretion, a grant of an easement may be taken for the following purposes: open space easements, landscape easements, scenic easement or public utility easements. 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.
B. All dedications and/or all irrevocable offers of dedications shall be necessary to ensure consistency and/or implementation of the general plan, or any applicable specific plan. (Ord. 702 § 1 (part), 1991)
16.32.040 Parkland dedication.
A. Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. 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 parks and recreation element of the general plan of the city, adopted by the city on October 31, 1988.
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 and/or 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 Standard. It is found and determined that the public interest, convenience, health, welfare and safety require that 5 acres of property for each 1,000 persons residing within this city be devoted to neighborhood and community park and recreational purposes.
D. Formula for Dedication of Land.
1. Where a park or recreation facility has been designated in the parks and recreation element, an element of the general plan of the city and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a neighborhood or community park sufficient in size and topography that bears a reasonable relationship to serve the land to be provided shall be determined pursuant to the following formulas:
Formula Based on Population Estimate
The formula for determining acreage to be dedicated shall be as follows:
|
Average number of persons/unit |
÷ |
1,000 population |
= |
minimum acreage dedication |
|
park acreage standard |
(Example for single-family dwelling unit (DU):
|
2.77 |
÷ |
1,000 |
= |
.0139 acres/DU) |
|
5 |
The following table of population density has been established pursuant to Section 66477(b) of the Government Code:
|
Types of Dwelling |
Average Density/DU |
Acreage/DU (5-acre standard) |
|
Single-family |
2.92 |
.0146 |
|
Duplex |
2.28 |
.0114 |
|
Multifamily |
1.94 |
.0097 |
|
Mobile home |
1.61 |
.0080 |
Dedication of the land shall be made in accordance with the procedures contained in Section 16.32.040 K.
2. For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area for 1 dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than 1 dwelling unit per parcel, the number of the 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 units lawfully in place prior to the date on which the parcel or final map is filed. The land to be dedicated shall be recommended by the parks and recreation commission for approval by 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 parks and recreation element 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 equal to the value of the land in an amount determined in accordance with the provisions of subsection G of this section, such fee to be used for a neighborhood or community park which bears a reasonable relationship to serve the present and future resident of the area being subdivided.
2. Fees in Lieu of Land, 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the neighborhood or community park required to serve the needs of residents of the proposed subdivision as prescribed in subsection D of this section hereof and in an amount determined in accordance with the provisions of subsection G of this section. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 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 neighborhood and community park or recreation facilities reasonably related to serving the subdivision.
F. Criteria for Requiring Both Dedication and Fee. In subdivisions of more than 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 in the parks and recreation element as the site for a neighborhood or community park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of subsection G of this section shall be paid for the value of any additional land that would have been required to be dedicated pursuant to subsection D of this section.
2. When a major part of the neighborhood or community 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 portions shall be dedicated and a fee computed pursuant to the provision of subsection G of this section shall be paid in an amount equal to the value of land 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 other neighborhood or community 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 fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection D of this section. The fee shall be determined by the following formula:
|
DUs |
× |
Pop |
× |
5 acres |
× |
FMV |
= |
in lieu fee |
|
DU |
1,000 people |
buildable |
|
where |
|
|
|
DUs |
= |
Number of dwelling units as defined in Section 16.32.040 D |
|
Pop |
= |
population per dwelling unit |
|
DU |
|
|
|
FMV |
= |
fair market value, as determined by Section 16.32.040 H |
|
Buildable acre |
= |
A typical acre of the subdivision, with a slope less than 5 percent located in other than an area on which building is excluded because of flooding, easements or other restrictions. |
Fees to be collected pursuant to this section shall be recommended by the parks and recreation commission for approval by the city council.
H. Determination of Fair Market Value. The fair market value shall be determined based upon a written appraisal prepared by an appraiser who is acceptable to both the city and the subdivider. The appraisal shall be based upon the fair market value of the land having final subdivision or parcel map status. The cost of the appraisal shall be borne by the subdivider.
I. Land and/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 parks and recreation element; 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 in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed 40 percent, shall 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 areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and
2. Private park and recreation facilities shall be owned by a homes association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100 percent 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 proportionate share of expenses for maintaining the facilities; and
3. Use of the private open space is restricted for park and recreation purposes by 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; and
4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and
5. Facilities proposed for the open space are in substantial accordance with the provisions of the parks and recreation element of the general plan; and
6. The open space for which credit is given is generally a minimum of 3 acres and provides all of the 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. Recreation open spaces, which are generally defined as park area for active recreation pursuits such as soccer, golf, baseball, softball and football and have at least 1 acre of maintained turf with less than 5 percent slope,
b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced 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 or both. They must also include decks, lawned area, bathhouses or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each 3 percent of the population of the subdivision with a minimum of 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 designed and primarily used for the recreational needs of residents of the development.
The determination of the city council as to whether credit shall be given and the amount of credit shall be final and conclusive.
K. Time for Dedication and/or Fee.
1. 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 city council will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.
2. At the time of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by the city council. Where the city council has determined that fees shall be paid in lieu of or in addition to the dedication of land, the city council shall set the in-lieu fees based on the land dedication requirements as established at the time of tentative map approval using current land values at the time of final map approval with the formula set forth in subsection G of this section and using the process for determining fair market value as set forth in subsection H of this section. The subdivider shall pay said fees in accordance with the following schedule:
For any subdivision consisting of 10 or more lots, fees shall be paid in their entirety prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision;
For any subdivision consisting of 9 or less lots, fees 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 1 of the lots in the subdivision. 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 paid to the city treasurer and shall be deposited in a special fund. Money in said fund, including accrued interest, shall be expended solely for the purposes enumerated in this section. Collected fees shall be committed by the city council within 5 years after receipt of such fees or within 5 years after the issuance of building permits on 1/2 of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, the fees 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. The finance director shall render reports to the city council and parks and recreation commission at least quarterly on the fees received, the identity of the subdivision from which they were received, the deadline for commitment thereof, the expenditures made and the fund balance.
M. Exemptions. Subdivisions containing less than 5 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 1 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 the section do not apply to commercial or industrial subdivision; nor do they apply to condominium projects of stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than 5 years old, when no dwelling units are added.
N. Subdivider 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, after recommendation from the parks and recreation commission, 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 shall have access to at least 1 existing or proposed public street. This requirement may be waived by the city council, after recommendation from the parks and recreation commission, 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 of development, circumstances arise which indicate that another site would be more suitable for 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, after input from the parks and recreation commission, with the resultant funds being used for purchase of a more suitable site. (Ord. 741 § 1, 1992; Ord. 702 § 1 (part), 1991)
16.32.050 Reservations.
A. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, transit facilities, libraries, senior centers, child care centers, historical/cultural resources or other public uses according to the standards and formula contained in this section.
B. Standards for Reservation of Land. Where a park, recreational facility, fire station, library, senior center, child care center, historical/cultural resource or other public use is shown on the general plan or an adopted specific plan, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the policies and standards contained in the general plan or the adopted specific plan. 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 infeasible. The reserved area shall be consistent with the general plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within 2 years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.
D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.
E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this chapter or having entered said agreement shall fail to perform the same the reservation of the area shall automatically terminate. (Ord. 702 § 1 (part), 1991)
16.32.060 Bridges and major thoroughfares.
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 Section 66484 of the Subdivision Map Act, and in order to implement the transportation and circulation element of the general plan and, in the case of bridges, the transportation provisions thereof.
B. Payment of Fees Generally.
1. Prior to filing a 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 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, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subdivision 1 of this subsection.
3. Notwithstanding the provisions of subdivisions 1 and 2 of subsection B of this section:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an existing 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.
C. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the city council may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the planning commission first finds, or 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 city council.
D. Public Hearing. 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. Notice of the public hearing shall be given pursuant to Section 16.16.070 A and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
E. Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by resolution, a certified copy of which shall be recorded.
F. Exemptions. Notwithstanding the provisions of subsection E 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 1 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 1 year period does not exceed 1/2 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.
G. 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 within the area of benefit may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted 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 city 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 city clerk by the owners of more than 1/2 of the area to be benefitted by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than 1/2 of that to be benefitted, then the proposed proceedings shall be abandoned and the city council shall not, for 1 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 chapter. (Ord. 702 § 1 (part), 1991)
16.32.070 Supplemental improvement capacity.
A. As a condition of approval of a tentative 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 for the benefit of property outside within the subdivision, the city shall, subject to the provisions of Sections 66486 and 66487 of the 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, of a proportionate share of the costs of such improvements;
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 benefitted to reimburse the city for such costs, including administration 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 benefitted.
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 in accordance with the provisions of Section 16.32.060 E 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 16.32.060 E, 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. Such notices shall be mailed by the city clerk at least 10 days prior to the date established for the hearing. (Ord. 702 § 1 (part), 1991)
16.32.080 Major facilities fees collection (reserved).
(Ord. 702 § 1 (part), 1991)
16.32.090 Solar access easements.
A. As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Section 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 Section 801.5 of the State Civil Code. In establishing such easements, consideration shall be given to the feasibility, contour and 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.
B. At the time of tentative map approval, the planning commission or city council, as the case may be, shall specify the following:
1. The standards for determining the exact dimensions and locations of such easements;
2. Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement;
3. The terms for conditions, if any, under which an easement may be revised or terminated.
C. 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. (Ord. 702 § 1 (part), 1991)
16.32.100 Reimbursements to a telephone corporation or cable television system for undergrounding or relocation.
In accordance with the provisions of Section 66473.6 of the Subdivision Map Act, whenever the city imposes as a condition to its approval of a tentative map or a parcel map 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 city be obligated for such reimbursement. (Ord. 702 § 1 (part), 1991)
16.32.110 Dedication of lands for elementary schools.
A. Purpose. This section is enacted pursuant to the authority granted by Section 66478 of the Government Code of the State of California. The dedication of land for elementary school sites is required by this section and in accordance with the school district(s) facility plan(s)
B. Requirements.
1. At the time of approval of a tentative map or parcel map, the city may require the dedication of land to the school district(s), as may be deemed to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service. In no case shall the city require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedure of the State Allocation Board.
2. 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 maps in accordance with Article 2 (commencing with Section 66452) of Chapter 3 in this division of the Government Code.
3. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the 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. In the event that the offer is automatically terminated, the subdivider shall notify the community development department director in writing.
4. The required dedication may be made any time before, concurrently with, or up to 60 days after, the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
a. The cost of any improvements to the dedicated land since acquisition by the subdivider;
b. 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;
c. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
5. If the land is not used by the school district as a school site within 10 years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.
6. The school district to which the property is dedicated shall record a certificate with the county recorder in the county in which the property is located. The certificate shall contain the following information:
a. The name and address of the subdivider dedicating the property;
b. A legal description of the real property dedicated;
c. A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within 10 years after dedication;
d. Proof of the acceptance of the dedication by the school district and the date of the acceptance. The certificate shall be recorded not more than 10 days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.
C. Appeals. If any subdivider is aggrieved by, or fails to agree to the reasonableness of any requirement imposed pursuant to this section, the subdivider(s) may bring a special proceeding in the superior court pursuant to Section 66499.37 of the Government Code. (Ord. 752 § 3, 1992)