The requirement for reservation of land within a subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities incident to or as a condition of approval of a tentative subdivision map, or tentative parcel map for the subdivision, and the requirement for reservation of land within a subdivision for an elementary school incident to or as a condition of approval of a tentative subdivision map or tentative parcel map where the subdivider has owned the land being subdivided for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map.
A. Purpose. This chapter is adopted to implement the provisions of the Subdivision Map Act, as set forth in Article 4, Chapter 4, Division 2, Title 7 of the California Government Code (commencing with Section 66479), which authorize a city to require the reservation of land within a subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities as well as those special provisions of the Subdivision Map Act, as set forth in Section 66478, Article 3, Chapter 4, Division 2, Title 7 of the California Government Code, which addresses the reservation of land within a subdivision for an elementary school where the subdivider has owned the land being subdivided for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map.
B. Requirement for Reservation of Land for Public Uses.
1. Except as otherwise provided by this section, the reservation of land within a proposed subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities which are in addition to or in excess of the need for public facilities created by such subdivision, shall be required by the advisory agency whenever such facilities are specifically required within the subdivision by the general plan or specific plan applicable to the subdivision, or whenever such facilities are otherwise required to implement the policies and provisions of the general plan or such specific plan.
2. The reservation of land within a proposed subdivision for an elementary school shall be required by the advisory agency for those subdivisions in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of such map whenever such school facilities are specifically required by a master school plan adopted by the Chico Unified School District or whenever the Board of Education of the Chico Unified School District requests a reservation of land for such purpose.
3. Except as otherwise provided by this section, whenever the advisory agency requires the reservation of land within a proposed subdivision pursuant to the provisions of this chapter, the location, size and shape of such reserved land shall be consistent with and conform to the policies and standards of the general plan or applicable specific plan and shall permit the remaining land within the subdivision to be developed in an orderly, efficient, and economically feasible manner. Moreover, such reserved land shall be in such multiples of streets and parcels which will permit the further subdivision of the reserved land in the event it is not acquired by the city or another public agency in the manner required by this chapter.
4. Where the advisory agency requires the reservation of land for an elementary school in for a subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map, the size of such reserved land shall not exceed the amount allowed under the procedures of the State Allocation Board and shall not make development of the remaining land within the subdivision economically infeasible. Moreover, such reserved land shall be in such multiples of streets and parcels which will permit the further development of the reserved land in the event it is not acquired by the Chico Unified School District in the manner required by this chapter.
5. Except as otherwise provided by this section, whenever the advisory agency requires a reservation of land within a proposed subdivision pursuant to the provisions of this chapter, the Director, promptly following approval of the subdivision, shall provide a report to the city council and the governing board of any other public agency having responsibility for providing the public facility or facilities for which such land was required, advising the council and such other public agency of the availability of the reserved land as well as the manner and time within which the same may be acquired.
6. The advisory agency requires a reservation of land for an elementary school for a subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of a tentative subdivision map or tentative parcel map, the Director, immediately following approval of the tentative subdivision map or tentative parcel map for such subdivision, shall advise the Board of Education of the Chico Unified School District of the availability of the reserved land as well as the manner and time within which the same may be acquired by the Chico Unified School District.
7. If, following the reservation of land pursuant to the provisions of this chapter, the city or other public agency having responsibility for providing the public facility or facilities elects to acquire such reserved land, the city or such other public agency, at the time of approval of a certificate of compliance, final map, or final parcel map for the subdivision, shall enter into a written agreement with the owner of the subdivision to acquire such reserved land within two years following completion and acceptance of all public improvements required to be constructed and installed within the subdivision unless such period of time is extended by mutual agreement. Such agreement shall provide, for the acquisition of such reserved land for a purchase price equal to the sum of the following:
a) The fair market value of the reserved land at the time of approval of the subdivision, as established by the agreement or as determined in the manner provided for by the agreement;
b) Any property taxes assessed against the reserved land between the time of approval of the subdivision map and the date the acquisition occurs;
c) Any costs reasonably incurred by the owner of the reserved land in the maintenance of same; and
d) Any interest costs incurred by the owner of the reserved land on a prorated portion of a loan secured by same.
8. If, following the reservation of land for an elementary school fora subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map, the Chico Unified School District, within 30 days of the approval of the tentative subdivision map or tentative parcel map, elects to acquire such reserved land, the Chico Unified School District shall offer to enter into a binding commitment with the subdivider to acquire such reserved land no later than 60 days following the filing a final map or parcel for all or any portion of the subdivision. Such binding commitment shall provide, among other things, for the acquisition of such reserved land for a purchase price equal to the sum of the following:
a) The original cost to the subdivider of the reserved land;
b) Any property taxes assessed against the reserved land subsequent to the date of the offer of the Chico Unified School District to enter into a binding commitment to acquire such land;
c) Any costs reasonably incurred by the subdivider of the reserved land in the maintenance of same; and
d) Any interest costs incurred by the subdivider of the reserved land on a prorated portion of a loan secured by same.
9. If, following the reservation of land pursuant to the provisions of this chapter, the city or other public agency having responsibility for providing the public facility or facilities, does not enter into an agreement or make the commitment to acquire such reserved land in the manner required by this chapter, the reservation of such land shall automatically terminate.
10. The provisions of this chapter shall not be a limitation on or restrict the right of the advisory agency to require the reservation of land or a dedication of land for a subdivision where such reservation or dedication requirements are otherwise authorized by this code, authorized by the Subdivision Map Act, required by an agreement between the city and the subdivider or owner of the subdivided property, or are necessary to mitigate an adverse environmental effect identified in the environmental impact report prepared in connection with the approval of such subdivision.
(Ord. 2591 (part))