A. Where private open space area is developed for park or recreational facilities in a proposed development, and the area is to be privately owned and maintained by the future residents of the development, the park or recreational facilities may be partially credited against the parkland dedication requirement established in § 15.10.765, as provided in this Section.
B. The City shall determine at the time the tentative map is approved or conditionally approved, whether it is in the public interest to determine a maximum of fifty percent (50%) of the parkland dedication requirement is satisfied by the proposed development if private open space area with recreational facilities, or such area is reasonably adaptable for use for recreational or park purposes, taking into consideration factors such as the size, shape, topography, geology, access, and location of such area within the development.
C. Yards, setbacks and other open space areas required to be maintained by zoning and building regulations shall not be considered as credit against the parkland dedication requirement.
D. The private ownership and maintenance of the private open space area as park or recreational facilities is adequately provided for by written agreement, and the use of such area is restricted by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the City.
('65 Code, § 31-116) (Ord. No. CS-622 § 1 (part); Ord. No. CS-724 § 1; Ord. No. 90-002 § 7)