(A) No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in § 4175 or 6562 of the Civil Code, partial credit, not to exceed 45%, shall be given against the requirement of and dedication or payment of fees in lieu thereof if the city 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; and
(2) Private park and recreational facilities shall be owned by an owners’ association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership and approved by the city, 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; and
(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 without the consent of the city or its successor; and
(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; and
(5) The open space for which credit is given is a minimum of three acres and provides a minimum of five (5) of the local park basic elements listed as follows, or a combination of such, and other recreation improvements that will meet the specific recreation needs of future residents of the area:
Elements | Acres |
Elements | Acres |
1. Children’s play apparatus area | .50 to .75 |
2. Landscape park-like with quiet areas | .50 to 1.00 |
3. Family picnic area | .25 to .75 |
4. Game court area | .25 to .50 |
5. Turf playfield | 1.00 to 3.00 |
6. Swimming pool (42 feet by 75 feet with adjacent deck and lawn areas) | .25 to .50 |
7. Recreation center building | .15 to .25 |
(B) Before credit is given, the Community Development Director shall make written findings that the above standards are met.
(Ord. 951 C.S., passed 3-21-18)