§ 18.64.100 CHOICE OF LAND OR FEE.
   A.   Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
      1.   Subdivider. At the time of filing a tentative map application, the owner of the property shall, as part of such filing, indicate whether he or she desires to dedicate property for park and recreational purposes, or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative map as submitted.
      2.   Action of city. Prior to approval of the tentative map, the Parks, Recreation and Human Services Commission shall review and recommend to the Finance Committee, based upon the Commission's recommendation, which will then recommend to the Planning Commission, which shall determine whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both.
      3.   Prerequisites for approval of final map. Where dedication is required, 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 map. Open space covenants for private park or recreational facilities shall be submitted to the city at least thirty (30) days prior to approval of the final map and shall be recorded with the final map.
   B.   Determination. Whether the Planning Commission accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
      1.   Parks and Recreation element of the city's General Plan; and
      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.