The purpose of this section is to set the standards and procedures for dedications, reservations and development fees.
(Ord. 91-9 § 3)
As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all portions of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, bicycle paths, trails, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all 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 made in accordance with Chapter 16.44.
(Ord. 91-9 § 3)
A. 
General. This section is enacted pursuant to the authority granted by the Map Act and Ordinance 90-7 and Ordinance 93-23 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 article are in accordance with the policies, principles and standards for park and recreational facilities contained in the city general plan.
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 at the time and according to the standards and formula contained in Chapter 16.70. 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, 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 Chapter 16.70.
Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the community development department and the director of parks and community services in location, topography, environmental characteristics and development potential as related to the intended use.
E. 
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 director of parks and community services, whether land in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider.
2. 
The planning commission may approve, modify, or disapprove the recommendation of the director of parks and community services; provided, however, any modification of the proposed recommended condition not previously considered by the director of parks and community services shall first be referred back to the director of parks and community services for a report and further recommendation. The director of parks and community services 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. 
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.
4. 
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.
F. 
Not Applicable to Certain Subdivisions. The provisions of this section shall not apply to the following:
1. 
Subdivisions containing four or fewer 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, 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 subdivisions.
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. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
A. 
General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivision within the Washington 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 elementary 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 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 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 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. 91-9 § 3)
A. 
Authority, Purpose and Intent.
1. 
This section is enacted pursuant to the authority of Section 659070 et seq., of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.
B. 
Definitions. In addition to the definitions set forth in Sections 65973 and 65980 of the Government Code, the following definitions shall apply to this section:
"Board"
means the board of trustees of the district.
"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 75976 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 office, 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 (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 provision 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 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 in 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 provision of this section.
(Ord. 91-9 § 3; Ord. 03-21 § 1 (part))
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. 91-9 § 3)
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 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 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 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 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. 91-9 § 3)
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, 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. 91-9 § 3)
As a condition of approval of a tentative map, there may be imposed, in accordance with the provision of Section 66475.3 of the Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in Section 801.5 of the state Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.
At the time of tentative map approval, the planning commission shall specify the following:
A. 
The standards for determining the exact dimensions and location of such easements;
B. 
Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement;
C. 
The terms or conditions, if any, under which an easement may be revised or terminated.
The foregoing provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.
(Ord. 91-9 § 3)
Prior to the filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated cost of constructing planned drainage and sanitary sewer facilities for drainage and sanitary sewer areas, after the proceedings and other provisions of Section 66483 have been complied with.
(Ord. 91-9 § 3)
The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484.
Prior to the filing of a final map or parcel map, or prior to the issuance of a building permit, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated cost of constructing planned bridges or major thoroughfares, after the proceedings and other provisions of Section 66484 have been complied with.
(Ord. 91-9 § 3)