§ 17.8.205 STANDARDS.
   A.    areas may be required to avoid placing or other improvements either in identified hazard or resource areas as required by §§ 17.5.005 et seq. and 17.8.300 et seq.
   B.   Areas retained to comply with Clean Water Services (CWS) and vegetative corridor requirements of the Design and Construction Standards or surface water quality or quantity facilities requiring over 100 square feet of area shall be considered but not be considered a recreational area unless so designed as to be integrated with a ’s design and available for for residents in the .
   C.   Except for in TCC or TCT zones, any not involved in a division of land, and recreation areas shall be held in common for residential condominiums or by the primary land owner for   or non-residential . The area shall be placed within an unless waived by the for minor recreation facilities or recreation facilities that are integrated with the developed portion of the project. within the NMU zone may modify the standards below through an approved MUPD.
      1.   Residential projects in the Residential Multi- Low (RML) and Residential Multi- High (RMH) districts shall provide the following: All condominium, two-family , multi-   , , and nursing or convalescent homes shall provide 20% of the in , excluding that area designated in the and improved for off- parking and . All units shall be immediately accessible to a minimum of 600 square feet of .
      2.   All condominium, two-family and multi-   of 20 units or more, , and nursing or convalescent homes shall improve one-half of the required as . shall be planted in grass and/or improved for recreational , and have a minimum area of 870 square feet and a minimum dimension of 20 feet. For two-family and multi-   , the recreational area shall include a children’s play area. A shall be installed that is a minimum of 30 inches in height to separate a parking lot, or from any children’s play area.
      3.   For the of condominiums, two-family and multi-   of 20 units or more, and , individual private (patio or balcony) shall be provided for each unit. All private shall be directly accessible from the unit through a doorway. Patios and balconies shall be at least 48 square feet in size with a minimum width dimension of four feet.
      4.    of ground floor patios and all balconies for individual units can be used to meet no more than one-half of the recreational land area requirement. Private shall be separated from common through the use of landscaping, fencing or a change in vertical (e.g., second floor balconies).
      5.   Where a proposed condominium, multi-   , , , or nursing or convalescent home will an existing or proposed public park or , the shall integrate into its design the adjoining park or to maximize its benefits to residents.
      6.   No less than 75% of all areas excluding recreational space shall be landscaped with living ground cover, shrubs or .
      7.   State law and administrative codes pertaining to , assisted care and nursing facilities shall supersede the provisions of this section where there is a conflict.
   D.   Areas and tracts of land to be held in common, shall meet the following requirements.
      1.   Common areas shall be held in ownership by either a homeowners association or operator of a multi-   , , or nursing or convalescent home.
      2.   To ensure adequate maintenance of common areas within the land division, the shall provide maintenance provisions in Covenants, Conditions and Requirements (CC & Rs) when to be maintained by a homeowners association or another method an operator of a multi-   , , or nursing or convalescent home.
   E.   A shall include proposed of or recreational facilities to the or reserve such areas for acquisition by the based on the following requirements:
      1.   The or reservation shall be approved by the Parks and Recreation Commission prior to any acceptance of the reservation or by the . The Parks and Recreation Commission shall only consider any or reservation if found:
         a.   Consistent with the Parks, Recreation and Master Plan in terms of location, size, shape and purpose of the facility or area;
         b.   Adequate recreational elements for active and/or passive recreational needs (e.g. trails, benches, play equipment, ball fields, etc.) are provided;
         c.    areas provide connectivity with other or recreational areas as shown on the Parks, Recreation and Master Plan;
         d.   Adequate services and facilities are available to maintain the or reservation; and
         e.   For reservations, that acquisition of the property has been programmed in the most recently adopted capital improvement program or otherwise authorized by the City .
      2.   Where the will a pursuant to paragraph (1) above, no more than 50% of the System Development Charges (SDC) for a project can be waived by the Community Development upon consultation with the Parks and Recreation . The amount of the waiver shall be based on the completeness of the recreational elements and maintenance facilities provided, and the importance of the property to the completion of the Park, Recreation and Master Plan. There shall be no waiver of park SDC for any reservation of an area or recreational facility.
      3.   If the developer is required to reserve land area for a park, playground, or other public , such land shall be acquired by the appropriate public agency within 18 months following final land approval including but not limited to final , , or design review approvals. The price shall be agreed upon prior to final approval or such reservation shall be released to the subdivider.
   F.   Where it is determined by the that to achieve a greater sense of of an area, that is proposed for two adjoining shall be located adjacent to each other.
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2017-12, passed 11-27-2017)