A. The city may grant credit for privately owned and maintained open space or local recreation facilities, or both, toward the dedication requirement. Credit is subject to the following requirements:
1. Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be considered private open space or local recreation facilities and shall not be eligible for local recreation credit. Projects that deviate from required open space standards are not eligible for local recreation credit;
2. Provision is made by written agreement or other contractual instrument, or recorded covenants running with the land that the areas shall be adequately maintained;
3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the city council;
4. Projects may receive a maximum credit of 25%; and
5. The total square footage of the private open space and facilities shall be subtracted from the total area of parkland required.
B. Private land or facilities, or both, that may qualify for credit toward the parkland requirement will generally include the following types of open space or local recreation facilities:
1. Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when the areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;
2. Hard game courts (hard paved surface dedicated for active recreation uses like tennis, basketball, pickleball, handball, racquetball, roller hockey, or shuffleboard) or soft game courts (either real or artificial turf surfaces with required safety zones for badminton, croquet, lawn bowling, tennis, bocce, horseshoes or volleyball) that comply with current city standards;
3. Swimming pools, including deck and surrounding turf area;
4. Community rooms, recreation buildings or rooms, or spas;
5. Garden areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping of plant varieties or designed in a way to encourage enjoyment of the garden (i.e., showy plants), or having garden plots for the exclusive use of the residents;
6. Tot lots or children's play areas that comply with California playground regulations and current city standards;
7. Picnic areas (facilities containing benches, at least three tables, barbecue pits and trash receptacles) that comply with current city standards;
8. Turf playing fields (uninterrupted, contiguous turf facilities to accommodate informal or formal active recreation activities like field sports) of at least 8,000 square feet;
9. Plaza areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping and amenities like seating or tables to encourage social gatherings;
10. Other recreational amenities, subject to a finding by the director of parks and recreation that the special recreational benefit to the development is not otherwise provided in park and recreational facilities.
C. Joint use public park and stormwater detention facilities are eligible for 80% parkland dedication credit if all the following criteria are met:
1. For every three acres of joint use parkland no less than one-half acres of parkland above flood level is required;
2. The joint use parkland is well drained and suitable for parkland improvements;
3. The basin floor shall have a minimum of 8,000 square feet of uninterrupted, flat area, suitable for active recreational purposes, with a grade from 2% up to 3%; and
4. Basin sideslopes in excess of 10% slope, vegetated swales, infiltration basins, or intake facilities around drain inlets or other drainage appurtenances shall not be eligible for parkland credit.
D. A subdivider shall receive credit for land dedicated or fees paid pursuant to this chapter under a previously approved final map or parcel map in the event a new map is submitted for approval. The credit shall be subtracted from the dedication or fee required under this chapter for the new map. The city shall not be required to return any fee paid or any land dedicated pursuant to this chapter as a condition of a previously approved final map or parcel map. (Ord. 2017-0009 § 14)