(A) Whenever a tentative map that is subject to the provisions of this section is submitted to the city, the developer shall consult with the Director of Community Services to determine whether parkland, in-lieu fees, or a combination of both shall be dedicated for parks and recreational purposes.
(B) The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for parks and recreational purposes at the discretion of the city pursuant to § 7.75.020 (Applicability). If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the Director of Community Services, and the proposed dedication shall be identified on the tentative map as a separate numbered lot.
(C) The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the Director of Community Services pursuant to the provisions of this chapter.
(D) Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior fee or dedication requirement.
(E) If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Director of Community Services and the City Engineer prior to final map approval. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to city standards.
(F) Upon completion of the park improvements to city standards and acceptance by the City Council, land to be dedicated shall be conveyed in fee to the city by grant deed and accepted by resolution, if not already indicated for dedication on the final map. Such parkland shall be free and clear of all encumbrances except those that the city accepts in writing. An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic or hazardous materials. The subdivider shall provide all fees and instruments necessary to convey the land and shall include a preliminary title report and title insurance in favor of the city in an amount approved by the city.
(G) Unless otherwise specified through conditions or approval or other agreement, whenever fees are to be paid pursuant to this chapter, the fees shall be paid prior to recordation of the final map, or in the instance of maps consisting of four or fewer parcels, prior to issuance of building permits, as determined by the city. If the payment of fees is deferred to building permit, the city shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of building permits.
(H) Whenever land has been conveyed or fees paid to the city and a final map is never recorded or, if recorded, is reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, repay all fees paid pursuant to this chapter without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)