CCLME.ORG - GC 66478.13
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State
California
GC Sec 66478

GOVERNMENT CODE
SECTION 66478


66478. Whether by request of a county board of education or
otherwise, a city or county may adopt an ordinance requiring any
subdivider who develops or completes the development of one or more
subdivisions in one or more school districts maintaining an
elementary school to dedicate to the school district, or districts,
within which such subdivisions are to be located, such land as the
local legislative body shall deem to be necessary for the purpose of
constructing thereon such elementary schools as are necessary to
assure the residents of the subdivision adequate public school
service. In no case shall the local legislative body require the
dedication of an amount of land which would make development of the
remaining land held by the subdivider economically unfeasible or
which would exceed the amount of land ordinarily allowed under the
procedures of the State Allocation Board.
An ordinance adopted pursuant to this section shall not be
applicable to a subdivider who has owned the land being subdivided
for more than 10 years prior to the filing of the tentative maps in
accordance with Article 2 (commencing with Section 66452) of Chapter
3 of this division. 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 city or 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 filing of the final map on any portion of the
subdivision. The school district shall, in the event that 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:
(a) The cost of any improvements to the dedicated land since
acquisition by the subdivider.
(b) 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.
(c) Any other costs incurred by the subdivider in maintenance of
such dedicated land, including interest costs incurred on any loan
covering such land.
If the land is not used by the school district, as a school site,
within 10 years after dedication, the subdivider shall have the
option to repurchase the property from the district for the amount
paid therefor.
The school district to which the property is dedicated shall
record a certificate with the county recorder in the county in which
the property is located. The certificate shall contain the following
information:
(1) The name and address of the subdivider dedicating the
property.
(2) A legal description of the real property dedicated.
(3) A statement that the subdivider dedicating the property has an
option to repurchase the property if it is not used by the school
district as a school site within 10 years after dedication.
(4) Proof of the acceptance of the dedication by the school
district and the date of the acceptance. The certificate shall be
recorded not more than 10 days after the date of acceptance of the
dedication. The subdivider shall have the right to compel the school
district to record such certificate, but until such certificate is
recorded, any rights acquired by any third party dealing in good
faith with the school district shall not be impaired or otherwise
affected by the option right of the subdivider.
If any subdivider is aggrieved by, or fails to agree to the
reasonableness of any requirement imposed pursuant to this section,
he may bring a special proceeding in the superior court pursuant to
Section 66499.37.

GOVERNMENT CODE
SECTION 66478.1-66478.14





66478.1. It is the intent of the Legislature, by the provisions of
Sections 66478.1 through 66478.10 of this article to implement
Section 4 of Article X of the California Constitution insofar as
Sections 66478.1 through 66478.10 are applicable to navigable waters.




66478.2. The Legislature finds and declares that the public natural
resources of this state are limited in quantity and that the
population of this state has grown at a rapid rate and will continue
to do so, thus increasing the need for utilization of public natural
resources. The increase in population has also increased demand for
private property adjacent to public natural resources through real
estate subdivision developments which resulted in diminishing public
access to public natural resources.



66478.3. The Legislature further finds and declares that it is
essential to the health and well-being of all citizens of this state
that public access to public natural resources be increased. It is
the intent of the Legislature to increase public access to public
natural resources.



66478.4. (a) No local agency shall approve either a tentative or a
final map of any proposed subdivision to be fronted upon a public
waterway, river, or stream which does not provide, or have available,
reasonable public access by fee or easement from a public highway to
that portion of the bank of the river or stream bordering or lying
within the proposed subdivision.
(b) Reasonable public access shall be determined by the local
agency in which the proposed subdivision is to be located. In making
the determination of what shall be reasonable access, the local
agency shall consider all of the following:
(1) That access may be by highway, foot trail, bike trail, horse
trail, or any other means of travel.
(2) The size of the subdivision.
(3) The type of riverbank and the various appropriate
recreational, educational, and scientific uses, including, but not
limited to, swimming, diving, boating, fishing, water skiing,
scientific collection, and teaching.
(4) The likelihood of trespass on private property and reasonable
means of avoiding these trespasses.
(c) A public waterway, river, or stream for the purposes of
Sections 66477.2, 66478.4, 66478.5 and 66478.6 means those waterways,
rivers and streams defined in Sections 100 through 106 of the
Harbors and Navigation Code, any stream declared to be a public
highway for fishing pursuant to Sections 25660 through 25662 of the
Government Code, the rivers listed in Section 1505 of the Fish and
Game Code as spawning areas, all waterways, rivers and streams
downstream from any state or federal salmon or steelhead fish
hatcheries.



66478.5. (a) No local agency shall approve either a tentative or a
final map of any proposed subdivision to be fronted upon a public
waterway, river, or stream which does not provide for a dedication of
a public easement along a portion of the bank of the river or stream
bordering or lying within the proposed subdivision.
(b) The extent, width and character of the public easement shall
be reasonably defined to achieve reasonable public use of the public
waterway, river, or stream consistent with public safety. The
reasonableness and extent of the easement shall be determined by the
local agency in which the proposed subdivision is to be located. In
making the determination for reasonably defining the extent, width,
and character of the public easement, the local agency shall consider
all of the following:
(1) That the easement may be for a foot trail, bicycle trail, or
horse trail.
(2) The size of the subdivision.
(3) The type of riverbank and the various appropriate
recreational, educational and scientific uses including, but not
limited to, swimming, diving, boating, fishing, water skiing,
scientific collection and teaching.
(4) The likelihood of trespass on private property and reasonable
means of avoiding these trespasses.


66478.6. Any public access route or routes and any easement along
the bank of a public waterway, river, or stream provided by the
subdivider shall be expressly designated on the tentative or final
map, and this map shall expressly designate the governmental entity
to which the route or routes are dedicated and its acceptance of the
dedication.



66478.7. Nothing in this article shall be construed to limit any
powers or duties in connection with or affect the operation of
beaches or parks in this state or to limit or decrease the authority,
powers, or duties of any public agency or entity.




66478.8. Nothing in Sections 66478.1 to 66478.10, inclusive, of
this article shall require a local agency to disapprove either a
tentative or final map solely on the basis that the reasonable public
access otherwise required by this article is not provided through or
across the subdivision itself, if the local agency makes a finding
that the reasonable public access is otherwise available within a
reasonable distance from the subdivision and identifies the location
of the reasonable public access.
The finding shall be set forth on the face of the tentative or
final map.



66478.9. Nothing in Section 66478.5 shall apply to the site of
electric power generating facilities.



66478.10. Nothing in Sections 66478.1 through 66478.10 of this
article shall apply to industrial subdivisions.



66478.11. (a) No local agency shall approve either the tentative or
the final map of any subdivision fronting upon the coastline or
shoreline which subdivision does not provide or have available
reasonable public access by fee or easement from public highways to
land below the ordinary high water mark on any ocean coastline or bay
shoreline within or at a reasonable distance from the subdivision.
Any public access route or routes provided by the subdivider shall
be expressly designated on the tentative or final map, and the map
shall expressly designate the governmental entity to which the route
or routes are dedicated.
(b) Reasonable public access, as used in subdivision (a), shall be
determined by the local agency in which the subdivision lies.
(c) In making the determination of what shall be reasonable public
access, the local agency shall consider:
(1) That access may be by highway, foot trail, bike trail, horse
trail, or any other means of travel.
(2) The size of the subdivision.
(3) The type of coastline or shoreline and the various appropriate
recreational, educational, and scientific uses, including, but not
limited to, diving, sunbathing, surfing, walking, swimming, fishing,
beachcombing, taking of shellfish and scientific exploration.
(4) The likelihood of trespass on private property and reasonable
means of avoiding the trespass.
(d) Nothing in this section shall require a local agency to
disapprove either a tentative or final map solely on the basis that
the reasonable public access otherwise required by this section is
not provided through or across the subdivision itself, if the local
agency makes a finding that the reasonable public access is otherwise
available within a reasonable distance from the subdivision and
identifies the location of the reasonable public access.
The finding shall be set forth on the face of the tentative or
final map.
(e) The provisions of this section shall not apply to the final
map of any subdivision the tentative map of which has been approved
by a local agency prior to the effective date of this section.
(f) The provisions of this section shall not apply to the final or
tentative map of any subdivision which is in compliance with the
plan of any planned development or any planned community which has
been approved by a local agency prior to December 31, 1968. The
exclusion provided by this subdivision shall be in addition to the
exclusion provided by subdivision (e).
(g) Nothing in this section shall be construed as requiring the
subdivider to improve any access route or routes which are primarily
for the benefit of nonresidents of the subdivision area.
(h) Any access route or routes provided by the subdivider pursuant
to this section may be conveyed or transferred to any state or local
agency by the governmental entity to which the route or routes have
been dedicated, at any future time, by mutual consent of such
governmental entity and the particular state or local agency. The
conveyance or transfer shall be recorded by the recipient state or
local agency in the office of the county recorder of the county in
which the route or routes are located.



66478.12. (a) No local agency shall approve either the tentative or
the final map of any subdivision fronting upon any lake or reservoir
which is owned in part or entirely by any public agency including
the state, which subdivision does not provide or have available
reasonable access by fee or easement from public highways to any
water of the lake or reservoir upon which the subdivision borders
either within the subdivision or a reasonable distance from the
subdivision.
Any public access route or routes provided by the subdivider shall
be expressly designated on the tentative or final map, and the map
shall expressly designate the governmental entity to which the route
or routes are dedicated and its acceptance of the dedication.
(b) Reasonable access, as used in subdivision (a), shall be
determined by the local agency in which the subdivision lies.
(c) In making the determination of what shall be reasonable
access, the local agency shall consider:
(1) That access may be by highway, foot trail, bike trail, horse
trail, or any other means of travel.
(2) The size of the subdivision.
(3) The type of shoreline and the various appropriate
recreational, educational, and scientific uses, including, but not
limited to, swimming, diving, boating, fishing, water skiing,
scientific exploration, and teaching.
(4) The likelihood of trespass on private property and reasonable
means of avoiding the trespasses.
(d) Nothing in this section shall require a local agency to
disapprove either a tentative or final map solely on the basis that
the reasonable access otherwise required by this section is not
provided through or across the subdivision itself, if the local
agency makes a finding that the reasonable access is otherwise
available within a reasonable distance from the subdivision and
identifies the location of the reasonable public access.
The finding shall be set forth on the face of the tentative or
final map.
(e) The provisions of this section shall not apply to the final
map of any subdivision the tentative map of which has been approved
by a local agency prior to the effective date of this section.
(f) Any access route or routes provided by the subdivider pursuant
to this section may be conveyed or transferred to any state or local
agency by the governmental entity to which the route or routes have
been dedicated, at any future time, by mutual consent of the
governmental entity and the particular state or local agency. The
conveyance or transfer shall be recorded by the recipient state or
local agency in the office of the county recorder of the county in
which the route or routes are located.



66478.13. No local agency shall issue any permit or grant any
approval necessary to develop any real property which is excluded
from regulation under this division as a subdivision pursuant to
subdivision (d) of Section 66426 because such property is in excess
of 40 acres and was created as such a parcel after December 31, 1969,
when such property fronts on the coastline or a shoreline, unless it
finds that reasonable public access has been provided from public
highways to land below the ordinary high-water mark or any ocean
coastline or bay shoreline or any water of a lake or reservoir upon
which the real property fronts.
"Reasonable public access" as used in this section shall be
determined by the local agency in which the real property lies. In
making such determination the local agency shall use the same
criteria as those set forth in subdivisions (c) and (d) of Section
66478.11 and subdivisions (c) and (d) of Section 66478.12.



66478.14. Nothing in this article shall be construed as requiring
the subdivider to improve any route or routes which are primarily for
the benefit of nonresidents of the subdivision area or nonowners of
the real property in question.



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