A. At the time of filing a final map or parcel map that includes less land than is included in the tentative map, the director of parks and recreation shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final map or parcel map.
B. If it is determined at the hearing on the tentative map the requirements of this chapter would be satisfied by the payment of a fee or that land located within the proposed final map or parcel map be dedicated and the amount of the land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land or pay the fee, or both, at the time of filing the final map or parcel map.
C. If at the hearing on the tentative map it is determined that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final map or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A, the planning director or designee shall recommend that the subdivider:
1. Dedicate full title to part of the parksite;
2. Dedicate an undivided partial ownership interest in entire parksite;
3. Dedicate as specified in subsections C.1 or C.2 and enter into an agreement with the city to reserve the undedicated portion;
4. Solely pay in-lieu fees; or
5. Be granted credit in accordance with sections 17.512.090 and 17.512.100.
If the subdivider concurs with the recommendation of the planning director, the subdivider shall dedicate the land or pay the fee, or both, in accordance with the recommendation prior to filing the final map or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.
If the subdivider objects to the recommendation of the planning director, the city council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credit shall be granted. Prior to filing the final map or parcel map, the subdivider shall dedicate the land pay the fee, or both, as determined by the city council. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.
D. Nothing in subsection C shall be construed to:
1. Require the dedication of land located outside the proposed final map or parcel map; or
2. Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A. (Ord. 2017-0009 § 14)