Chapter 17.11
DEDICATIONS, FEES AND RESERVATIONS
Sections:
17.11.010 Dedication of public rights-of-way.
17.11.020 Waiver of direct street access.
17.11.040 School site dedication.
17.11.050 Dedication of access to public resources.
17.11.070 Storm drainage and sanitary sewer fees.
17.11.010 Dedication of public rights-of-way.
As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following:
A. All land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements.
B. When implementation of the general plan would require the development of a bikeway, equestrian, hiking or other recreational or transportation trails and paths in the subdivision, the subdivider shall dedicate such land as is necessary and feasible to provide for such trails and paths. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.020 Waiver of direct street access.
The county may require as a condition of approval of any subdivision, the waiver of direct access rights to proposed or existing streets from any property within the subdivisions and abutting thereon. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.030 Dedications.
All dedications of property to the county for public purposes shall be made in fee title, except that, in the county’s discretion, a grant of an easement may be taken. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the county, in its discretion, determines would not conflict with the intended ownership and use. The county may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. All dedications shall be made at the time of filing the final or parcel map. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.040 School site dedication.
A. Pursuant to Government Code Section 66478, if required as a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as county board of supervisors shall deem to be necessary for the purpose of construction thereon of schools necessary to assure the residents of the subdivision adequate elementary school service.
B. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty days after the requirement of the dedication is imposed by the county, 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 on any portion of the subdivision.
C. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
1. The cost of any improvements to the dedicated land since acquisition by the subdivider;
2. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication;
3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
D. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.050 Dedication of access to public resources.
A subdivider shall be required to dedicate easements to provide public access to or along the shore lines of public natural resources, including a public waterway, river or stream, lake or reservoir, and coastline or shoreline in accordance with the criteria set forth in Government Code Sections 66478.4 through 66478.14. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.060 Reservations.
A. As a condition of approval of a tentative map or tentative parcel map, the director, planning commission or county board of supervisors may require the subdivider to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.
B. Where a park, recreational facilities, fire station, library, or other public use is shown on any applicable specific plan or the general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the county to reserve sites as so determined by the county in accordance with the principles and standards contained in the plans or implementing laws. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the plans and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless such period of time is extended by mutual agreement.
D. The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
E. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.11.070 Storm drainage and sanitary sewer fees.
The county board of supervisors may impose fees authorized by Section 66483 et seq. of the Subdivision Map Act by adopting an ordinance in conformance with the requirements set forth therein. (Ord. 709 § 1 (Exh. A) (part), 2014)