Fountain Valley City Zoning Code
CHAPTER 21
78 DEDICATIONS, EXACTIONS AND MITIGATION FEES
§ 21.78.010 Purpose.
This chapter establishes standards for street light maintenance and energy fees, school site dedications, reservations of land for public facilities, right-of-way dedications, and median beautification fees.
(Ord. 1308 § 5, 2000; Ord. 1576 § 6, 2021)
§ 21.78.020 Applicability.
(a)
Compliance Required. All proposed subdivisions and non-subdivision residential projects shall comply with the requirements of this chapter for dedications, reservations or the payment of fees as specified herein.
(b)
Conditions of Approval. The requirements of this chapter shall be described in conditions of approval adopted by the review authority for the tentative or parcel map, precise plan, or development plan review, or other applicable application associated with the proposed project.
(Ord. 1308 § 5, 2000; Ord. 1576 § 7, 2021)
§ 21.78.030 Findings required for dedications and exactions.
The review authority shall require any of the dedications or exactions described in this chapter through conditions of approval of a proposed tentative or parcel map, precise plan, or development plan review only after first making the following findings:
(1)
Identify the purpose for the dedication or exaction; and
(2)
Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision or non-subdivision residential project from which the dedication or exaction is required.
The above findings are not required for the taxes and fees imposed by Section 21.78.040 (Street light maintenance and energy fee) of this chapter.
(Ord. 1308 § 5, 2000; Ord. 1576 § 8, 2021)
§ 21.78.040 Street light maintenance and energy fee.
Prior to approval of a parcel or final map, precise plan, or development plan review, the applicant shall pay the city a subdivision street light maintenance and energy fee per streetlight installed in the amount established by the council as a condition of tentative map approval. The collected fee shall be placed in the general fund.
(Ord. 1308 § 5, 2000; Ord. 1576 § 9, 2021)
§ 21.78.050 School site dedications.
(a)
Dedication Requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the review authority determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:
(b)
Tentative Map Approval. If any school district within the city responds to the referral of the tentative map application with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the review authority shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act Section 66478, the dedication requirement 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.
(c)
Timing of Dedication. The required dedication may occur before, concurrently with, or up to sixty days after the filing of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.
(d)
Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within thirty days after the requirement is imposed by the review authority, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first four hundred dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code Section 11525.2.
(e)
Judicial Review. Any person who is aggrieved by or fails to agree to the reasonableness of any requirement imposed in compliance with this section may bring a special proceeding in the Superior Court in compliance with Map Act Section 66499.37.
(f)
Reversion of Land—Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted and the school district within ten years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.
(Ord. 1308 § 5, 2000)
§ 21.78.060 Reservations of land for public facilities.
As a condition of approval of a tentative or parcel map, precise plan, or development plan review, the city may require the applicant to reserve sites appropriate in area and location for fire stations, libraries or other public uses, pay an in-lieu fee or both at the option of the city in compliance with this section.
(1)
Standards for Reservation of Land.
(A)
Location of Land. Where a fire station, library or other public use is shown in the general plan or applicable specific plan, the applicant may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.
(B)
Configuration. The reserved area shall be of a size and shape that will permit the balance of the property to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the applicant economically unfeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection (2) (Procedure for Reservation of Land) of this section.
(2)
Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the application for development enter into a binding agreement with the applicant to acquire the reserved area and subdivide the parcel for public purposes within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.
(3)
Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time a subdivision or parcel map of the land for public purpose is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the applicant in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.
(Ord. 1308 § 5, 2000; Ord. 1576 § 10, 2021)
§ 21.78.070 Park land dedications and fees-Residential subdivisions.
Park and recreation dedications and fees are provided for in Chapter 21.79 of this code.
(Ord. 1308 § 5, 2000; Ord. 1576 § 11, 2021)
§ 21.78.080 Right-of-way dedications.
(a)
Offers of Dedication Required. As a condition of tentative or parcel map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements and any other necessary public and private easements.
(b)
Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the city's improvement standards.
(c)
Rights-of-Way—Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right of way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.
(d)
Limited Access Designation. When vehicular access rights shall be offered for dedication to the city by appropriate certificate on the title sheet and a note stating, "ALL VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF FOUNTAIN VALLEY" shall be lettered along the highway adjacent to the lots affected on the final map.
(e)
Bicycle Paths. If the approved subdivision contains two hundred or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.
(f)
Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:
(1)
The subdivision as shown on the tentative or parcel map has the potential for two hundred dwelling units or more if developed to the maximum density shown in the general plan; and
(2)
The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.
(g)
Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the general plan, parks and recreation or bikeways master plans, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.
(h)
Underground Water Rights. The subdivider shall dedicate to the city on the final map all rights to subsurface water, without the right to surface entry for purposes of developing said water.
(Ord. 1308 § 5, 2000; Ord. 1576 § 12, 2021)
§ 21.78.090 Median beautification fee.
(a)
Purpose. In order to implement the goals and objectives for the construction of a median system in the city and to improve community aesthetics to benefit new development, certain public median improvements must be constructed. The council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of improvements.
(b)
Applicability. A median beautification fee is established for new developments within corporate city limits. The city council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities and describe the reasonable relationship between this fee and the various types of new developments.
(c)
Use of Funds. The revenue raised by payment of this fee shall be placed in a separate and special account and revenues, along with any interest earnings on that account, shall be used solely to:
(1)
Pay for the future construction of facilities described in the resolution or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or
(2)
Reimburse developers who have been required or allowed to install listed facilities that are oversized with supplemental size, length or capacity. A developer may apply to the council for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the landscaping need impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk no later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing fee adjustment application, whichever is later. The decision of the council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 1308 § 5, 2000)