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Last modified
2/20/2024 4:49:18 PM
Creation date
2/20/2024 4:37:02 PM
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Planning Files
Planning Files - Planning File #
1912
Planning Files - Type
Zoning Text Amendment
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legal prerequisite for the implementation of the "Quimby <br />Act." <br />b. School dedication - the School Facilities <br />Acts (S 65970, et. seg.; not in Map Act) . <br />The school dedication provision in the Map Act <br />(� 66478) is not a dedication provision. It is only a <br />reservation with a right to purchase at a later date. To my <br />knowledge its use has been minimal. <br />The School Facilities Act authorizes a city to <br />require dedication of land, payment of fees or both for <br />interim classroom and related facilities as a condition of <br />approval for a residential development. Before this law is <br />used, the affected school district must make findings <br />relating to overcrowding (5 65971). The Legislature has <br />imposed a strict nexus test in the statute and the <br />imposition of the fees does not involve a test of general <br />and broad public welfare. McLain tWestern No. 1 V. Count of <br />San Dinof o, 146 Cal App. 3d 772 ).`� <br />c. Reservations (S5.66479 et se . . <br />The City can by ordinance .impose requirements that <br />property be set aside for public purposes for later purchase <br />by the City. <br />d. Street and bicycle path dedications <br />fij 66475 and 66475.1). <br />@edication for streets, alleys, including access <br />rights and abutters' rights, drainage, public utility and <br />rather public easements can be imposed by ordinance. under <br />5 66475.1. bicycle paths cannot be required unless the <br />subdivision contains 200 or more parcels. <br />t <br />In La Ca..da Flintridge Development Cor v. <br />California Dej2artment of Transpgrtation., 166 Cal.App. 33 <br />Tar 1999i -the court Ii cated tat un er the Map Act the <br />city can only impose improvement conditions on streets <br />related to neighborhood traffic needs because of the <br />definition of "Improvement" contained in Section 66419(a) <br />e. Local transit dedication ; 6475. 2). <br />A city may, by local ordinance, require dedication <br />of land for local transit facilities such as bus turnouts, <br />benches, shelters, landing pads, and similar items which <br />directly benefit the residents of a subdivision if (1) the <br />subdivision as shown on the tentative map has the potential <br />for 200 dwelling units or more if developed to the maximum <br />-17- <br />
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