Article 4. Reservations of California Government Code >> Division 2. >> Title 7. >> Chapter 4. >> Article 4.
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.
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.
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.
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.