§ 89.02.040  Procedure.
   The requirements of this Chapter shall be complied with prior to the approval of the parcel map or final map, the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by the Advisory Agency.
   (a)   Subdivider.  At the time of filing a tentative map, parcel map, or minor subdivision plot plan for approval, the subdivider shall, as part of the filing, state in writing whether it is desired to dedicate property for park and recreational purposes or to pay a fee in lieu of dedication.  If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract or parcel map as submitted.
   (b)   Action of the Advisory Agency.  At the time of the tentative tract map approval, the Advisory Agency shall determine as part of the approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.
   (c)   Prerequisites for Approval of Parcel and Final Maps.  Where dedication is offered and accepted, it shall be accomplished in compliance with the provisions of the Subdivision Map Act.  Where fees are required, the same shall be deposited with the County or Local agency prior to the approval of the parcel map or final map.
   (d)   Determination of Dedication or Fees.  The Advisory Agency shall determine whether to require land dedication, payment of a fee in lieu of dedication, or a combination of both, by consideration of the following criteria:
      (1)   The Open Space Element of the General Plan;
      (2)   The access, geology, location, and topography of land in the subdivision available for dedication;
      (3)   The shape and size of the subdivision and the land available for dedication; and
      (4)   The desires and plans of the public agency which will provide the services.
   (e)   Compliance with Applicable Plans.  Park and recreational areas where required shall be developed in conjunction with any bikeway, equestrian, and pedestrian linkage ways and in compliance with the County’s Conservation and Open Space policies and any applicable community or specific plans.
   (f)   Credit for Private Open Space.  Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited up to 75 percent against the requirement of a dedication for park and recreation purposes, as identified in § 89.02.030(g), above, or the payment of fees in lieu of dedication, as identified in § 89.02.030(f), above; provided, the Advisory Agency finds it is in the public interest to do so, and that the following standards are met:
      (1)   The court areas, yards, setbacks, and other open areas required to be maintained by the building, land use district, and zoning regulations shall not be included in the computation of private open space;
      (2)   The private ownership and maintenance of the open space is adequately provided for by written agreement;
      (3)   The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract;
      (4)   The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors which include access, geology, location, shape, size, and topography of the private open space land; and
      (5)   The facilities proposed for the open space are in substantial compliance with the provisions of the General Plan, and are approved by the Commission.
(Ord. 4011, passed - -2007)