(A) When park and recreational facilities, including equipment, are provided by the subdivider to the dedicated land, the value of the recreational facilities or equipment as determined by the City Council, upon recommendation by the Director of Parks and Community Services, shall be a credit against the fees to be paid or land to be dedicated pursuant to this chapter; provided, that the recreational facilities or equipment have been made or installed with the prior approval and to the satisfaction of the Director of Parks and Community Services.
(B) Credit shall not be allowed for single purpose commercial recreation facilities whether dedicated or in private ownership.
(C) Partial park dedication credit may be given when land dedicated for a community and/or neighborhood park has a slope gradient of not more than 5% for more than two-thirds of the site. The portion of land dedicated for a community park in excess of two-thirds may be credited at the sole discretion of the City Council upon the recommendation of the Director of Parks and Community Services and the Parks and Recreation Commission.
(D) Where park land is provided by the subdivider in a proposed subdivision and such park land is to be privately owned and maintained by future residents of the subdivision and restricted for the use, benefit and enjoyment by the residents of the subdivision and their guests and invitees, a maximum of 50% credit may be given for a privately-owned park land provided in conjunction with the development of a subdivision against the requirement for dedication of park land in accordance with this chapter, subject to the following conditions:
(1) Credit for privately owned park land shall be subject to the approval of the City Council at the time of approval of the final tract or final parcel map and upon recommendation of the Parks and Recreation Commission and/or Planning Commission.
(2) The aggregate amount of privately-owned park land and public park land to provided under this shall not be less than the park acreage standard set forth in this chapter.
(3) The amount of privately-owned park land for which a subdivider may seek credit may not exceed one-third of the amount of the land required for dedication pursuant to this chapter and accepted by the city; meaning, for example, in a subdivision requiring a dedication of three acres of public park land, not more than one acre of privately-owned park land may be eligible for a credit and the credit to be given shall not be greater than 50% of the fair market value thereof. Assuming that a subdivider seeks and is given 50% credit for a one-acre privately owned park, the subdivider would then be required to dedicate two and a half acres of other park land for public purposes.
(4) The credit to be given shall not be greater than 50% of the fair market value of the privately owned park land to be provided, as such fair market value is determined by the City Council by separate resolution.
(5) The use of the privately-owned park land is restricted for park and recreational purposes by recorded covenants, or such other recorded covenants as may be acceptable to the City Attorney, which shall run with the land in favor of the future owners of property within the proposed subdivision and which cannot be defeated or eliminated without the consent of the city.
(6) Access to the privately-owned park land shall be available and suitable to meet the recreation needs of the residents within the subdivision and their guests and invitees.
(7) That yards, court areas, setbacks and other open space areas required to be maintained by the city's zoning and building regulations shall not be included in the computation of the private recreational area;
(8) The private ownership and maintenance of the recreational area is adequately provided for by written agreement.
(9) Except as otherwise provided herein, no credit shall be given for private open space in any subdivision.
(E) In order for any credit to be given, the City Council shall find that the above standards have been met after full consideration of a written report from the Director of Parks and Community Services and any recommendations thereon from the Park and Recreation Commission.
(Ord. 2845 § 2 (part), 2006)