(A) General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the county shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. The dedication shall be in conformity with the provisions of Cal. Gov’t Code § 66478 and this section.
(B) 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 county 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 recording of the final or parcel map on any portion of the subdivision.
(C) Payment to subdivider. The school district shall, in the event it accepts the dedication, repay to 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; and
(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering the land.
(D) Exemptions. 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 submitting of an application for the tentative map in accordance with the provisions of the Subdivision Map Act and this title.
(1966 Code, § 17-57) (Ord. 617, § 2(part))