As a condition of approval of a final subdivision map, a subdivider
who develops or completes the development of one or more subdivisions
within a school district within the city maintaining an elementary
school may be required to dedicate to the school district such lands
as the city council shall deem to be necessary for the purpose of
constructing thereon schools necessary to assure the residents of
the subdivision adequate elementary school service.
A. The
requirement of dedication shall be imposed at the time of approval
of the tentative subdivision map. If within thirty days after the
requirement of dedication is imposed by the city, the appropriate
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 anytime before, concurrently
with, or up to sixty days after the filing of the final subdivision
map or any portion of the subdivision.
B. The
school district shall, if it accepts the dedication, repay 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 the maintenance of such
dedicated land, including interest costs incurred on any loan covering
such land.
C. 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 subdivision maps.
(Ord. 855 § 3, 1994)