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(A) The land or fees obtained pursuant to this division will be utilized for park or recreational facilities in accordance with a schedule approved by the city council to serve the subdivision from which they were collected in accordance with the following standards:
(1) If no park has been designated for the neighborhood, only fees shall be collected which may be used for an adjacent neighborhood park, community park or city park which the city council finds will serve the residents of the subdivision from which the fees were collected.
(2) If a neighborhood park has been fully or partially developed, or if additional land is not required, only fees shall be collected and any such fees in excess of the needs of the neighborhood park shall be committed as follows:
(a) To acquisition or development of a community park to serve the neighborhood;
(b) To the park acquisition and development fund if the neighborhood park was acquired or developed other than with money from the capital outlay fund; or
(c) To reimbursement of the capital outlay fund to the extent that money has been expended therefrom for acquisition or development of the neighborhood park.
(3) If a community park has been fully or partially developed to serve the neighborhood which is served by a fully developed neighborhood park, only fees shall be collected and any such fees in excess of the needs of the community park shall be committed as follows:
(a) To acquisition or development of a city park to serve the neighborhoods;
(b) To the park acquisition and development fund if the neighborhood park or community park was acquired or developed other than with money from the capital outlay fund; or
(c) To reimbursement of the capital outlay fund to the extent that money has been expended therefrom for acquisition or development of the community parks.
(B) (1) Any fees collected pursuant to this division shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
(2) If not so committed, such fees shall be distributed prorata to the then record owners of the lots in the subdivision. Fees which have been appropriated shall be deemed to have been committed.
(`64 Code, Sec. 27-72) (Ord. No. 1570, 1791)
DIVISION 3. RESERVATION OF SITES
As a condition of approval of any map, the subdivider shall reserve sites, appropriate in area and location, for schools, parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this division.
(`64 Code, Sec. 27-73) (Ord. No. 1570)
(A) If a public use is shown on an adopted specific plan or the city's general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the adopted specific plan or general plan. The reserved area shall be of the size and shape to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.
(B) The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area if it is not acquired within the prescribed period.
(`64 Code, Sec. 27-74) (Ord. No. 1570)
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map, enter into an agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.
(`64 Code, Sec. 27-75) (Ord. No. 1570)
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