In considering whether the city accepts land dedication or elects to require payment of a fee in-lieu thereof, or a combination of both, the analysis shall consider the following:
(A) The minimum park size acceptable for dedication to the city as a provision of this section shall be three usable acres, unless approved by the Director of Community Services. Usable acreage for parklands is defined as follows: Proposed parkland must have a maximum slope of 3% over 90% of the total area of the park. The remaining 10% may contain slopes greater than 3% if approved by the Director of Community Services. The proposed park must have a length to width ratio no greater than 2:1. A minimum of two sides of the park must abut public streets. Sewer, water, electricity, and storm drain connections must be available at the park. The Director of Community Services must approve any deviation from these standards.
(B) The natural features, access, and location of the proposed park site within the subdivision available for dedication that are compatible with the location of existing proposed park sites and trail ways and the compatibility of dedication with the city’s General Plan and the Trails, Parks, Open Space and Recreation Master Plan.
(C) For subdivisions containing 50 parcels or fewer, the city may allow the subdivider to only pay fees; provided, however, that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be fewer than 50. Nothing herein shall prevent the city from accepting the voluntary dedication of land by a subdivider for a subdivision containing fewer than 50 parcels if the dedication meets the other requirements of this section.
(D) Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.
(E) Nothing in this section shall be interpreted to prohibit, or limit in any manner, the city from determining the location and configuration of land to be dedicated. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)