(A) A subdivider who develops or completes the development of one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the City Council deems to be necessary for the purpose of constructing thereon such elementary school or schools as are necessary to assure the residents of the subdivision adequate public school service, except that the City Council shall not require the dedication of an amount of land which would make the development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the state allocation board.
(B) This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to filing of the tentative subdivision map.
(C) The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map by the City Council if, within 30 days after the requirement of dedication is imposed by the City Council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.
(D) The required dedication shall be made any time before, concurrently with, or up to 60 days after the filing of the final map for any portion of the subdivision.
(E) The school district to which the property is dedicated shall record a certificate with the County Recorder, containing therein all information required by Cal. Gov’t Code § 66478.
(F) The school district shall pay the subdivider any costs, if it accepts the dedication, as are provided in Cal. Gov’t Code § 66478.
(G) In the event the school district does not require the dedication of land for a future elementary school site or the subdivider cannot dedicate land because of unavailability of land in the subdivision for financial feasibility, the subdivider and school shall mutually agree upon an alternative.
(Ord. 295, passed 2-4-1986)