Chapter 16.28


16.28.010    Requirements.

16.28.020    Procedure.

16.28.030    Payments to subdivider for school site dedication.

16.28.040    Exemptions.

16.28.010 Requirements.

As a condition of approval of a final map pursuant to Section 66478 et seq., of the Government Code, the subdivider who develops or completes the development of one or more subdivisions within any elementary school district shall dedicate to the school district such lands as the city council shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. (Ord. 79-426 § 9.01).

16.28.020 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, the Fortuna Union Elementary 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 60 days after the filing of the final map on any portion of the subdivision. (Ord. 79-426 § 9.02).

16.28.030 Payments to subdivider for school site dedication.

Any elementary 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:

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. (Ord. 79-426 § 9.03).

16.28.040 Exemptions.

The provisions of this chapter shall not be applicable to the subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. (Ord. 79-426 § 9.04).