Reservations - Requirements - Government - CA

Section § 66479

This law allows local governments to require that parts of a new property subdivision be set aside for public uses like parks, libraries, or fire stations. These requirements must align with local plans and be in effect for at least 30 days before a subdivision map is filed.

The land reserved must be suitable in size and shape to allow the rest of the property to develop properly, without making the project financially unfeasible. If the reserved land isn't acquired for public use in time, it should be possible to divide it efficiently for its intended purpose.

There may be imposed by local ordinance a requirement that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following conditions:

(a) The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards.

(b) The ordinance has been in effect for a period of at least 30 days prior to the filing of the tentative map.

(c) The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

(d) The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

property subdivision public uses parks reservation ...

Section § 66480

This law section means that when a public agency benefits from an area set aside in a development plan, they must agree to purchase that area within two years after all improvements are finished and accepted, unless an extension is agreed upon. The price is based on its market value when the plan was initially filed, plus taxes, maintenance costs, and any interest on loans related to the area.

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

public agency responsibility reserved area acquisition binding agreement ...

Section § 66481

This law says that if a public agency doesn't make a formal, binding agreement to use a reserved area, the reservation will automatically be canceled.

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

public agency binding agreement reservation termination ...

Section § 66482

This law clarifies that the powers given to local agencies concerning subdivisions are extra and do not reduce or limit the powers they already have under other laws.

The authority granted by this article is additional to all other authority granted by law to local agencies relating to subdivisions and shall in no way be construed as a limitation on or diminution of any such authority.

local agency powers subdivisions additional authority ...