For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FAIR MARKET VALUE
. The value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or, at the option of city, based upon an appraisal by a licensed and qualified appraiser. In the event that the city elects to secure an appraisal in order to determine the value of land subject to this subchapter, the city shall meet and confer with the subdivider seeking to record a final map with respect to the land in question. The purpose of this meeting and conference shall be the selection of an appraiser, acceptable to both the subdivider and the city, to render the appraisal that the city has elected to secure pursuant to this subchapter. Such a meeting and conference will not exceed three business days in length. If after a reasonable good faith effort by the city to agree with a subdivider upon an appraiser, no agreement is reached, the city will unilaterally select an appraiser it finds acceptable. All costs of said appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. An appraiser selected pursuant to this subchapter shall find the
FAIR MARKET VALUE
of land to be equal to the amount of cash or its equivalent that such land would bring if exposed for sale in the open market under conditions in which neither buyer nor seller could take advantage of the exigencies of the other, and both the buyer and the seller have knowledge of all of the uses and purposes to which the land is adapted and for which it is capable of being used, and of the enforceable restrictions upon those uses and purposes. The
FAIR MARKET VALUE
shall be determined before the final map or parcel map of a subdivision is filed. With regards to any park and recreation improvements, or equipment provided by the subdivider, the
FAIR MARKET VALUE
shall be the actual cost of acquiring, constructing and installing the improvement or equipment.
PARK
. A parcel or contiguous parcels of land owned, operated and maintained by a public agency or private association, which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city.
PARKS
may be classified as community parks, including community centers, athletic facilities, large multi-use swimmingpools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located.
PARKS
may also include, or be limited to open space areas suitable for active or passive uses.
PARK AND RECREATIONAL FACILITIES
. Any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include, but not be limited to: grading; landscaped areas for active and passive recreational use; open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways, parking areas and any other facilities that may hereafter be authorized by state law or approved by the city.
PRIVATE OPEN SPACE
. Privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision. This land and facilities can be credited against the dedication and payment requirements established in this subchapter, when the following criteria are met:
(1) That the private park land meet a minimum size requirement equivalent to one-third (0.33) acre per 20 parcels;
(2) That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as its size, shape, topography, geology, access and location;
(3) That the following areas or subdivision design features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, meandering streams, flood retention facilities and circulation improvements, such as bicycle, hiking and equestrian trails;
(4) That the location of the land provide convenient access to housing and schools;
(5) That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and
(6) That the use of the private park land is perpetually restricted for park and recreational purposes that cannot be defeated or eliminated without the consent of the City Council, and in no event without providing equivalent park and recreational space elsewhere in the subdivision.
(Ord. 1325, passed 11-6-02)