A. No credit shall be given for private open space in the subdivision, except as hereinafter provided. Where private open space usable for recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit not to exceed fifty percent shall be given towards the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:
1. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space.
2. Private park and recreation facilities shall be owned by a home owner's association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities. In the case of dissolution of the homeowner's association, the former private open space may be determined to be accessible and useable by any resident of the City.
3. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated.
4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.
5. Facilities proposed for the open space are in substantial accordance with the provisions of the Open Space Element of the General Plan.
6. The open space for which credit is given is generally a minimum of three acres and provides all the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:
a. Recreational open spaces which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball and football, for organized sports and leagues for use, and have at least one acre of maintained turf with less than five percent slope,
b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard surfaced areas especially designed and exclusively used for court games,
c. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.
d. Recreation buildings and facilities designed and primarily used for the recreational needs of the residents of the development.
B. The determination of the City Council as to whether credit shall be given and the amount of credit shall be final and conclusive.
(Ord. 824-2016 § 15 (part), 2017)