(A) The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
(1) At the time of filing a tentative subdivision map for approval, the subdivider shall, as a part of filing, indicate whether the subdivider desires to dedicate property for park and recreation purposes, or whether the subdivider desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative subdivision map as submitted.
(2) At the time of tentative subdivision map approval, the city council shall determine whether to require a dedication of land within the map, payment of a fee in lieu thereof, or a combination of both.
(3) If required, a dedication shall be accomplished in accordance with the provisions of this chapter and the Subdivision Map Act.
(4) Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final map or parcel map.
(B) Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
(1) Recreational element of the city's general plan;
(2) Topography, geology, access and location of land in the development or subdivision available for dedication; and
(3) Size and shape of subdivision or development and land available for dedication.
(C) The determination of the city council as to whether land shall be dedicated, a fee shall be charged, or a combination of both, shall be final.
(`64 Code, Sec. 27-71) (Ord. No. 1570, 1791)