(Editor’s Note: Pursuant to Ordinance No. 22-99, the City Council has also adopted by reference of Title 9 of the Contra Costa County Code as its regulations of the subdivision of land. (Please refer to that document.)
As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining a school may be required to dedicate to the school district, or districts, within which such subdivisions are to be located, such lands as the district shall deem necessary for the purpose of constructing schools necessary to assure the residents of the subdivision adequate public school service. The amount of land required for the dedication 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.
(a) 
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 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.
(b) 
Payments to Subdivider. The school district shall, if it accepts the dedication of land, repay to the subdivider or its successors the original cost of the dedicated land, plus a sum equal to the total of the following amounts:
(1) 
Improvement Costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;
(2) 
Assessed Taxes. 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; and
(3) 
Other Costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.
(c) 
Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.
(a) 
General. As a condition of approval of a tentative map, the subdivider shall reserve sites within the subdivision, 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. Where a park, recreational facility, fire station, library, or other public use is shown on any specific plan or the General Plan, the subdivider may be required by the City to reserve sites determined by the City to be in accordance with the policies and standards of the applicable plan. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or the General 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) 
Procedures. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map, enter into a binding agreement to acquire the reserved area within two years after the completion and acceptance of all improvements, unless this period of time is extended by mutual agreement.
(d) 
Payment. The purchase price shall be the market value of the reserved land at the time of the filing of the tentative map, plus the taxes against the reserved land from the date of the reservation and any maintenance costs incurred by the subdivider, 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, as provided for in Government Code Section 66480, the reservation of the area shall automatically terminate."
(Ord. 15-08, 9/30/2008)