The requirements of this Chapter shall be complied with prior to the approval of the final map or parcel map by the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by City.
A. Subdivider. At the time of filing a tentative map application, the subdivider shall, as part of such filing, state in writing whether it is desired to dedicate property for park and recreational purposes or to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map as submitted.
B. Action of City. At the time of the tentative tract map approval, the City shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu thereof or a combination of both.
C. Prerequisites for Approval of Final Maps. Where dedication is offered and accepted, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final tract map.
D. Determination. The City shall determine whether to require land dedication, require payment of a fee in lieu thereof or a combination of both, by consideration of the following:
1. Recreation element of the General Plan;
2. Topography, geology, access and location of land in the subdivision available for dedication; and
3. Size and shape of the subdivision and land available for dedication.
E. Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited up to seventy-five percent (75%) against the requirement of a dedication for park and recreation purposes, or the payment of fees in lieu thereof, provided the City finds it is in the public interest to do so, and that the following standards are met:
1. That yards, court areas, setbacks and other open area required to be maintained by the zoning, land use district and building regulations shall not be included in the computation of such private open space;
2. That the private ownership and maintenance of the open space is adequately provided for by written agreement;
3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract;
4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
5. That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan and are approved by the Planning Commission and/or City Council.