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 Tract Map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the Tentative Tract Map as submitted.
2. Action of City. At the time of the Tentative Tract Map approval, the Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.
3. Pre-requisites 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 Tract Map. Open space covenants for private park or recreational facilities shall be submitted to the City Attorney for his approval prior to the approval of the Final Tract Map and shall be recorded concurrently with the Final Tract Map.
B. Determination.
1. Whether the Council 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:
a. Recreation Element of the City General Plan; and
b. Topography, geology, access and location of land in the subdivision available for dedication; and
c. Size and shape of the subdivision and land available for dedication.
2. The determination of the Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.
C. Planning Commission action on parcel map. When the application pending before the City is for a parcel map instead of a tract map, and the procedures set forth in this Section require action by the City Council on a Tentative Tract Map or Final Map, the Planning Commission shall be responsible to act on a tentative map or final parcel map application in the same manner as the City Council.
('65 Code, § 31-117) (Ord. No. CS-622 § 1 (part); Ord. No. 90-002 § 8)