Chapter 6.07
DEDICATIONS, SITE RESERVATIONS
Sections:
6.07.010 Dedication regulations for streets, alleys, easements.
6.07.020 Waiver of direct street access.
6.07.030 School site dedications.
6.07.050 Formation of assessment or maintenance districts of parks and recreation facilities.
6.07.010 Dedication regulations for streets, alleys, easements.
As a condition of approval of a 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, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements.
6.07.020 Waiver of direct street access.
The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights, either vehicular, pedestrian, or both, to such street from any property shown on a final map as abutting thereon, and that if the dedications accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.
6.07.030 School site dedications.
A. Requirements. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Newman-Crows Landing Unified School District shall dedicate to the school district such lands as the Council or Board of Supervisors shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate school service.
B. Procedure. 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 or County, the Newman-Crows Landing Unified School District does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall automatically be terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or any portion of the subdivision.
C. Payments to Subdivider. The Newman-Crows Landing Unified School District shall, if 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:
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 title 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 map.
6.07.040 Site reservations.
A. Requirements. As a condition of approval of a 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 and Formula for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted General Plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the City Council to reserve sites as so determined by the City in accordance with the definite principles and standards contained in the above-specified plan or General 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 conform to the adopted specific plan 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.
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 such period of time is extended by mutual agreement.
D. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative 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. Termination. 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. 77-19, 5-24-1977)
6.07.050 Formation of assessment or maintenance districts of parks and recreation facilities.
As a condition of approval of any tentative subdivision map or any tentative parcel minor land division map, the City shall require that the applicants authorized to sign on the face of the final map shall petition to the City Council for the formation of an assessment or maintenance district for the purpose of providing parks and recreational improvements to the dedicated land or payment of fees in lieu thereof, or a combination of both, for parks and recreational purposes. (Ord. 89-5, 4-25-1989)