Chapter 16.16
DEDICATIONS, RESERVATIONS, AND DEVELOPMENT FEES
Sections:
16.16.010 Dedication of streets, alleys, and other public rights-of-way or easements.
16.16.020 Waiver of direct access rights.
16.16.040 Parkland dedication.
16.16.050 School site dedication.
16.16.070 Local transit facilities.
16.16.080 Bridges and major thoroughfares.
16.16.090 Supplemental improvement capacity.
16.16.110 Interim classroom facilities.
16.16.120 Permanent classroom facilities.
16.16.010 Dedication of streets, alleys, and other Public rights-of-way or easements.
As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public greenways, bicycle paths, trails, public utility easements, and other public easements.
Improvements shall be provided in accordance with the requirements of this chapter. (Ord. 808 (part), 2001)
16.16.020 Waiver of direct access rights.
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.
Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Ord. 808 (part), 2001)
16.16.030 Dedications.
All dedications of property to the city for public purposes shall be made in fee title, except that, at the city’s discretion, a grant of an easement may be taken for the following purposes: open space easements, scenic easements 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, at 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. (Ord. 808 (part), 2001)
16.16.040 Parkland dedication.
A. General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the city and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the general plan of the city. 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 policies, principles, and standards for park and recreational facilities contained in the general plan.
For purposes of this chapter, park and recreational purposes shall include land and facilities for the activity of “recreational community gardening,” which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, or plant material, not for sale.
B. Requirements. As a condition of approval of a tentative 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 and according to the standards and formula contained in this chapter. The land dedicated or the fees paid, or both, shall be used for community and neighborhood parks and facilities in such a manner that the locations of such parks and facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both.
C. General standard. It is found and determined that the public interest, convenience, health, safety, and welfare require that five acres of property for each one thousand persons residing within the city be devoted to local park and recreational purposes.
D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:
Formula: The formula for determining the amount of acreage to be dedicated shall be as follows:
|
Acres of Parkland |
= |
.005 Acres* |
x |
Average No. of Persons |
|
Dwelling Unit |
Persons |
Dwelling Unit |
*(Based on five acres of parkland per one thousand population)
The following parkland dedication table, based on the above formula, is to be followed:
|
Dwelling Type or Land Use |
Average No. Persons/Dwelling Unit |
Acres per Dwelling Unit |
|
Single-Family or Mobilehome |
3.0 |
.015 |
|
Duplex or Multifamily |
2.1 |
.0105 |
For the purposes of this section, the number of proposed dwelling units shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When all or part of the subdivision is located in an area zoned for multiple dwelling units per parcel, the maximum number of dwelling units allowed under that zone. For residential condominium units indicated on the tentative map. For planned development projects, the number of dwelling units indicated on the approved final development plan. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the tentative map is approved.
Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the community development director, the director of public works, and the parks and recreation director on location, topography, environmental characteristics, and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks, play fields, community or district parks, and other specialized recreational facilities that may serve the family group and also senior citizen and child care activities. Principal consideration shall be given therefor to lands that offer:
1. A variety of recreational potential for all age groups;
2. Recreational opportunities within walking distance from residents’ homes;
3. Possibility for expansion or connection with school grounds;
4. Integration with hiking, riding, and bicycle trails, natural stream reserves, and other open space;
5. Coordination with all other park systems; and
6. Access to at least one existing or proposed public street.
E. Formula for Fees in Lieu of Land Dedication.
1. General Formula. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in the city’s discretion, either dedicate land on the amount provided in subsection D or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in subsection D and in an amount determined in accordance with the provisions of subsection G.
2. Fees in Lieu of Land -- Fifty Parcels or Less. Except as provided in subsection F, if the proposed subdivision contains fifty parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serving the needs of the residents of the proposed subdivision as prescribed in subsection D and in an amount determined in accordance with the provisions of subsection G.
3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to subsection D, for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land to facilitate the development of park or recreational facilities. The money shall be committed within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
F. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than fifty parcels, or, in the case of a condominium project, stock cooperative or community apartment, if the proposed subdivision contains more than fifty dwelling units although the actual number of parcels may be less than fifty the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:
1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection G shall be paid for any additional land that would have been required to be dedicated pursuant to subsection G.
2. When a major part of the local park or recreational 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 portion shall be dedicated, and a fee, computed according to subsection G, shall be paid for in an amount equal to the value of the land which would otherwise have been required to be dedicated according to subsection D. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.
G. Amount of Fee in Lieu of Parkland Dedication. When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the estimated fair market value of the land which would otherwise be required to be dedicated according to subsection D.
The fair market value shall be as determined by the department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.
For the purpose of determining fair market value pursuant to this subsection, the department and any appraiser shall consider, among other things:
1. Conditions of approval of the tentative map;
2. The general plan and zoning requirements for the area;
3. The location and site characteristics of the use of the property; and
4. Off-site and on-site improvements facilitating use of the property.
H. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by consideration of the following:
1. Policies, standards, and principles for park and recreation facilities in the general plan;
2. Topography, geology, access, and location of land in the subdivision available for dedication;
3. Size and shape of the subdivision and land available for dedication;
4. Feasibility of dedication;
5. Compatibility of dedication with the general plan;
6. Availability of previously acquired park property.
The determination by the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.
I. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section.
Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 10003.1, 11003.4 and 11004, respectively, of the Business and Professions Code, and condominiums shall be eligible to receive a credit, as determined by the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.
J. Procedure.
1. At the time of the approval or conditional approval of the tentative map, the planning commission shall determine, after a report and recommendation from the parks and recreation director, whether land, in-lieu fees, or a combination of land fees, shall be dedicated and/or paid by the subdivider.
2. The planning commission may approve, modify, or disapprove the recommendation of the parks and recreation director; provided, however any modification of the proposed recommended condition not previously considered by the parks and recreation director for a report and further recommendation. The parks and recreation director shall report back to the planning commission within thirty days. After the receipt and consideration of the report, or after thirty days have passed in the event no report is received, the planning commission may adopt the condition.
3. The recommendation of the parks and recreation director shall include the following:
a. The amount of land required; or
b. That a fee be charged in lieu of land; or
c. That a combination of land and a fee be required; and
d. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees; and
e. The approximate time when the development of the park or recreation facility shall commence.
4. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city. At the discretion of the city, fees may be paid prior to issuance of any building permit for any structure in the subdivision.
5. Open space covenants, conditions, and restrictions for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map.
K. Schedule of Use. At the time of the approval of the final map or parcel map, the city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision.
L. Not Applicable to Certain Subdivisions. The provisions of this section shall not apply to the following:
1. Subdivisions containing four or less parcels and not used for residential purposes. However, a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee pursuant to this section may be required to be paid by the owner of such parcel as a condition to the issuance of such permit;
2. Commercial or industrial subdivision;
3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 808 (part), 2001)
16.16.050 School site dedication.
A. General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within the Lakeport Unified School District shall dedicate to the school district such lands as the city shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate public school service.
B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty 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. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map or parcel map on any portion of the subdivision.
C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the fair market value 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. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map. (Ord. 808 (part), 2001)
16.16.060 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, libraries 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, 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 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 two 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 to be paid by the city 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 section, the reservation of the area shall automatically terminate. (Ord. 808 (part), 2001)
16.16.070 Local transit facilities.
As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items which directly benefit the residents of the subdivision, if (A) The subdivision as shown on the tentative map has the potential for two hundred dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred acres or more; and (B) If the city finds that transit services are or will, within a reasonable time period, be made available to the subdivision.
The provisions of this section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 808 (part), 2001)
16.16.080 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 constitution 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 element of the general plan and, in the case of bridges, the transportation provisions thereof.
B. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
1. “Construction” means design, acquisition of right-of-way, administration of construction contracts, actual construction, and inspections.
2. “Major thoroughfare” means an arterial or collector roadway as shown on the transportation element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
C. Payment of Fees Generally.
1. Prior to filing a final map which includes land within an area of benefit established pursuant to this 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 subsection (C)(1) of this section.
3. Notwithstanding the provisions of subsections (C) (1) and (C) (2) of this section:
a. Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.
b. Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.
D. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the city council, in the case of subdivisions of five or more parcels, or the planning commission, in the case of subdivisions of four or less parcels, may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the city council or planning commission, as the case may be, first finds, upon recommendation of the city engineer, 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 or planning commission, as the case, may be.
E. 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 16.08.070(A) and shall include preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment.
F. Amount. The amount of the fees and the areas of benefit established pursuant to this section may be established by ordinance or resolution.
G. Exemptions. Notwithstanding the provisions of subsection (F), payment of such fees shall not be required for:
1. The use, alteration, or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided that the total value, as determined by the building official, of all such alteration, enlargement, or construction completed within any one year period does not exceed one-half of the current market value, as determined by the community development director, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code;
2. The following accessory buildings and structures: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops, and other buildings which are accessory to one-family or two-family dwellings.
H. Protest.
1. At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefited by the improvement may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the 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 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 the written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against under the provisions of this section. (Ord. 808 (part), 2001)
16.16.090 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 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 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 in accordance with the provisions of Section 16.16.080(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 16.16.080(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 roil, 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 clerk at least ten days prior to the date established for the hearing. (Ord. 808 (part), 2001)
16.16.100 Drainage fees.
(Reserved).
16.16.110 Interim classroom facilities.
A. Authority. Purpose and Intent.
1. This section is enacted pursuant to the authority of Section 65970 et seq. of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.
2. The city council finds:
a. Public education in the primary and secondary grades is provided in the city by the Lakeport Unified School District.
b. From time to time, new residential development may cause overcrowding in one or more schools in the district.
c. It is necessary that a method be available to provide the district with interim classroom facilities when conditions of overcrowding exist, in order that education not be adversely affected.
B. Definition. In addition to the definitions set forth in Sections 65973 and 65980 of the Government Code and Section 16.04.010 of this title, the following definitions shall apply to this section:
1. “District” means the Lakeport Unified School District.
2. “Board” means the board of trustees of the district.
3. “Declaration of impact” means a statement adopted by the board, and forwarded to the city council, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Section 65971 of the Government Code. The declaration of impact may include the schedule required by Section 65976 of the Government Code.
C. Action by Board. The board may, from time to time, adopt a declaration of impact and file the same with the city clerk for consideration by the city council.
D. Action by City Council. Upon receipt of a declaration of impact from the board and the schedule required by Section 65976 of the Government Code, the city council shall, if it concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee, or commission within the city to withhold approval of, new residential development within the attendance area of the impacted school or schools pending compliance with subsection (E)(3).
E. Mitigation Measures.
1. The city council shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Section 65974 of the Government Code.
2. The decision concerning whether to require the dedication of land, payment of fees or an appropriate combination shall be determined after consultation with the board concerning the needs of the district as they relate to the impacted school or schools.
3. The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 66000&file=65995-65998" target="_top">65995) of the Government Code, shall be prescribed by resolution of the city council, and shall be collected at the time of issuance of a building permit.
F. Use of Fees and Land-Accounting.
1. The district shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.
2. The district shall provide to the city council the report required by Section 65978 of the Government Code.
G. City’s Right to Disapprove Development or Require Other Fees. Nothing is this section shall be construed to limit the right of the city to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the district which cannot be alleviated by the provisions of this section. (Ord. 808 (part), 2001)
16.16.120 Permanent classroom facilities.
The city may not require, as a condition of approval of a tentative map for a residential subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent facilities for school purposes. Nothing in this chapter is intended as a limitation on the district’s authority to directly levy a fee, charge, dedication, or other form of requirement against any development project, pursuant to Section 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes. (Ord. 808 (part), 2001)
16.16.130 Reimbursements to a telephone corporation or cable television system for undergrounding or relocation.
Whenever the city imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergoing, or permanently to 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 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. 808 (part), 2001)