A. The
subdivider may be required to construct or install supplemental improvements
in excess of those required to serve the property in the subdivision,
as a condition prior to the approval of a Final or Parcel Map, and
thereafter to dedicate those improvements to the public pursuant to
Section 66485 of the Map Act.
B. The
City may also require a subdivision to install supplemental improvements
for the benefit of property outside the subdivision, pursuant to an
adopted local drainage or sanitary sewer plan or map, or the establishment
of an area of benefit for bridges or major thoroughfares. The City
may impose a reasonable charge on property within the area benefited
and may provide for the collection of the charge in accordance with
the provisions of this chapter and Section 66487 of the Map Act.
C. Prior
to the filing of any Final or Parcel Map, fees may be required for
defraying the actual or estimated cost of constructing or installing
any or all of the following improvements pursuant to Article 5 of
Chapter 4 (beginning with Section 66483) of the Map Act.
1. Planned
drainage facilities for the removal of surface and storm waters from
local or neighborhood drainage areas, and of sanitary sewer facilities
for local sanitary sewer areas.
2. Bridges
or major thoroughfares.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)
When supplemental improvements are required, the City shall
enter into reimbursement or repayment agreements with the subdivider
who shall be reimbursed or repaid for that portion of the cost of
improvements installed or constructed for the benefit of property
outside of the subdivision in accordance with the provisions of this
chapter and Article 6 of Chapter 4 (beginning with Section 66485)
of the Map Act, and adopted City policies.
A. Funding
Procedures for Supplement Improvements. A charge, and area of benefit
or local benefit district shall be established in order to provide
a fund for reimbursement or repayment of the subdivider who constructs
or installs supplemental improvements; however, no such charge, area
of benefit or local benefit district shall be established unless and
until a public hearing is held by City Council and it finds that:
1. The
fee or charge is reasonably related to the cost of the supplemental
improvements; and
2. The
area of benefit or local benefit district substantially comprises
the actual ultimate beneficiaries of the improvements.
B. Notice
Requirements. In addition to the notice required by the Map Act and
the Notices and Appeals division of the Zoning Code, written notice
of the public hearing, regarding the establishment of a charge, area
of benefit or local benefit district, shall be given to the subdivider
and to those who own property within the proposed area of benefit
as shown on the latest equalized assessment roll, and to the potential
users of the supplemental improvements insofar as they can be ascertained
at the time.
(Ord. 96-26, § 1, Exh.
A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)