This chapter establishes standards for street light maintenance
and energy fees, school site dedications, reservations of land for
public facilities, right-of-way dedications, and median beautification
fees.
(Ord. 1308 § 5, 2000; Ord. 1576 § 6, 2021)
(a)
Compliance Required. All proposed subdivisions and non-subdivision
residential projects shall comply with the requirements of this chapter
for dedications, reservations or the payment of fees as specified
herein.
(b)
Conditions of Approval. The requirements of this chapter shall be
described in conditions of approval adopted by the review authority
for the tentative or parcel map, precise plan, or development plan
review, or other applicable application associated with the proposed
project.
(Ord. 1308 § 5, 2000; Ord. 1576 § 7, 2021)
The review authority shall require any of the dedications or
exactions described in this chapter through conditions of approval
of a proposed tentative or parcel map, precise plan, or development
plan review only after first making the following findings:
(1)
Identify the purpose for the dedication or exaction; and
(2)
Demonstrate that there is a reasonable relationship between the need
for the dedication or exaction and the characteristics and impacts
of the subdivision or non-subdivision residential project from which
the dedication or exaction is required.
The above findings are not required for the taxes and fees imposed by Section 21.78.040 (Street light maintenance and energy fee) of this chapter.
(Ord. 1308 § 5, 2000; Ord. 1576 § 8, 2021)
Prior to approval of a parcel or final map, precise plan, or
development plan review, the applicant shall pay the city a subdivision
street light maintenance and energy fee per streetlight installed
in the amount established by the council as a condition of tentative
map approval. The collected fee shall be placed in the general fund.
(Ord. 1308 § 5, 2000; Ord. 1576 § 9, 2021)
(a)
Dedication Requirement. In compliance with Map Act Section 66478,
a subdivider may be required to dedicate land as the review authority
determines to be necessary for adequate elementary school facilities
for the residents of the subdivision. Dedication may be required only
if the subdivider and/or successors in interest to the property:
(b)
Tentative Map Approval. If any school district within the city responds
to the referral of the tentative map application with a report to
the city describing the land the district deems necessary and suitable
to provide adequate elementary school service to residents of the
proposed subdivision, the review authority shall require the dedication
of land as a condition of approval of the tentative map. As required
by Map Act Section 66478, the dedication requirement shall not make
development of the remaining land held by the subdivider economically
unfeasible, or exceed the amount of land ordinarily allowed under
the procedures of the State Allocation Board.
(c)
Timing of Dedication. The required dedication may occur before, concurrently
with, or up to sixty days after the filing of a final map on any portion
of the subdivision. If the school district accepts the dedication,
the district shall pay the subdivider the amounts required by Map
Act Section 66478, and shall record the certificate required by Map
Act Section 66478.
(d)
Termination of Dedication Requirement. The requirement of dedication
shall automatically terminate unless, within thirty days after the
requirement is imposed by the review authority, the school district
makes a binding commitment to the subdivider agreeing to accept the
dedication at any time before the construction of the first four hundred
dwelling units. Upon acceptance of the dedication, the school district
shall repay to the subdivider and/or successors the costs specified
in Business and Professions Code Section 11525.2.
(e)
Judicial Review. Any person who is aggrieved by or fails to agree
to the reasonableness of any requirement imposed in compliance with
this section may bring a special proceeding in the Superior Court
in compliance with Map Act Section 66499.37.
(f)
Reversion of Land—Repurchase. Should the school district find
itself unable to accept the dedication for reasons other than specified
in the commitment with the subdivider, the dedicated land shall revert
to the subdivider. If the dedication is accepted and the school district
within ten years from the date of acceptance offers the property or
any substantial part thereof for public sale, the subdivider shall
have the first option to repurchase the property for the price paid
by the district, plus a sum equal to the amount of property taxes
which would have been paid during the period of public ownership.
(Ord. 1308 § 5, 2000)
As a condition of approval of a tentative or parcel map, precise
plan, or development plan review, the city may require the applicant
to reserve sites appropriate in area and location for fire stations,
libraries or other public uses, pay an in-lieu fee or both at the
option of the city in compliance with this section.
(1)
Standards for Reservation of Land.
(A)
Location of Land. Where a fire station, library or other public use
is shown in the general plan or applicable specific plan, the applicant
may be required by the city to reserve sites as determined by the
city in compliance with the standards in the applicable plan.
(B)
Configuration. The reserved area shall be of a size and shape that
will permit the balance of the property 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 applicant economically
unfeasible. The land to be reserved shall be in multiples of streets
and parcels that will permit an efficient division of the reserved
area if it is not acquired within the period determined by subsection
(2) (Procedure for Reservation of Land) of this section.
(2)
Procedure for Reservation of Land. The public agency for whose benefit
an area has been reserved shall at the time of approval of the application
for development enter into a binding agreement with the applicant
to acquire the reserved area and subdivide the parcel for public purposes
within two years after the completion and acceptance of all improvements,
unless a longer time is authorized by mutual agreement.
(3)
Purchase Price of Reserved Land. The purchase price shall be the
market value of the land at the time a subdivision or parcel map of
the land for public purpose is filed, plus the property taxes against
the reserved area from the date of the reservation, and any other
costs incurred by the applicant in maintaining the reserved area,
including interest costs incurred on any loan covering the reserved
area.
(Ord. 1308 § 5, 2000; Ord. 1576 § 10, 2021)
Park and recreation dedications and fees are provided for in Chapter 21.79 of this code.
(Ord. 1308 § 5, 2000; Ord. 1576 § 11, 2021)
(a)
Offers of Dedication Required. As a condition of tentative or parcel
map approval, the subdivider shall dedicate or make an irrevocable
offer of dedication in fee simple of all land within the subdivision
that is determined by the review authority to be needed for public
and private streets and alleys, including access rights and abutters'
rights; drainage; public and private greenways; scenic easements,
public utility easements and any other necessary public and private
easements.
(b)
Improvements. The subdivider shall construct or agree to construct
all improvements approved or required for the subdivision, including
access rights and abutters' rights, in compliance with the city's
improvement standards.
(c)
Rights-of-Way—Generally. Rights-of-way shall be of sufficient
size to accommodate the required improvements. In addition, where
parcels front on a city-maintained road of insufficient width, or
when the existing right of way is not deeded, the subdivider shall
dedicate right-of-way sufficient for the ultimate facility.
(d)
Limited Access Designation. When vehicular access rights shall be
offered for dedication to the city by appropriate certificate on the
title sheet and a note stating, "ALL VEHICULAR ACCESS RIGHTS DEDICATED
TO THE CITY OF FOUNTAIN VALLEY" shall be lettered along the highway
adjacent to the lots affected on the final map.
(e)
Bicycle Paths. If the approved subdivision contains two hundred or
more parcels, any subdivider who is required to dedicate roadways
to the public, shall dedicate additional land for bicycle paths for
the use and safety of the residents of the subdivision.
(f)
Transit Facilities. Dedications in fee simple or irrevocable offers
of dedication of land within the subdivision will be required for
local transit facilities including bus turnouts, benches, shelters,
landing paths and similar items that directly benefit the residents
of the subdivision if:
(1)
The subdivision as shown on the tentative or parcel map has the potential
for two hundred dwelling units or more if developed to the maximum
density shown in the general plan; and
(2)
The review authority finds that transit services are or will, within
a reasonable time period, be available to the subdivision.
(g)
Alternative Transportation Systems. Whenever the subdivision falls
within an area designated for the development of bikeways, hiking
or equestrian trails in the general plan, parks and recreation or
bikeways master plans, applicable specific plan, or implementing legislation,
the subdivider shall dedicate land as is necessary to provide for
these ways.
(h)
Underground Water Rights. The subdivider shall dedicate to the city
on the final map all rights to subsurface water, without the right
to surface entry for purposes of developing said water.
(Ord. 1308 § 5, 2000; Ord. 1576 § 12, 2021)
(a)
Purpose. In order to implement the goals and objectives for the construction
of a median system in the city and to improve community aesthetics
to benefit new development, certain public median improvements must
be constructed. The council has determined that a development impact
fee is needed in order to finance these public improvements and to
pay for the development's fair share of improvements.
(b)
Applicability. A median beautification fee is established for new
developments within corporate city limits. The city council shall,
by resolution, set forth the specific amount of the fee, describe
the benefit and impact area on which the development fee is imposed,
list the specific public improvements to be financed, describe the
estimated cost of these facilities and describe the reasonable relationship
between this fee and the various types of new developments.
(c)
Use of Funds. The revenue raised by payment of this fee shall be
placed in a separate and special account and revenues, along with
any interest earnings on that account, shall be used solely to:
(1)
Pay for the future construction of facilities described in the resolution
or to reimburse the city for those described or listed facilities
constructed by the city with funds advanced by the city from other
sources; or
(2)
Reimburse developers who have been required or allowed to install
listed facilities that are oversized with supplemental size, length
or capacity. A developer may apply to the council for a reduction
or adjustment to the fee, or a waiver of the fee, based upon the absence
of any reasonable relationship or nexus between the landscaping need
impacts of that development and either the amount of the fee charged
or the type of facilities to be financed. The application shall be
made in writing and filed with the city clerk no later than ten days
prior to the public hearing on the development permit application
for the project, or if no development permit is required, at the time
of the filing of the request for a building permit. The application
shall state in detail the factual basis for the claim of waiver, reduction,
or adjustment. The council shall consider the application at the public
hearing on the permit application or at a separate hearing held within
sixty days after the filing fee adjustment application, whichever
is later. The decision of the council shall be final. If a reduction,
adjustment or waiver is granted, any change in use within the project
shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 1308 § 5, 2000)
