Sec. 33-31. School site dedications - standard procedure.
a. Requirements.As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Monterey Peninsula Unified School District or other elementary or high school districts within the City shall dedicate to the school district such lands as the Planning Commission shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.
b. Procedure.The requirements 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 City, the affected 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 filing of the final map on any portion of the subdivision.
c.Payments to subdivider for school site dedication.
The affected school district shall, if it accepts the dedication, repay to the subdivider or his 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.
3.Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such 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 filing of the tentative maps. (Ord. 3429 § 1, 2009)