Sec. 9-3.1609.  Credit for private open space.
   Where private open space for park and recreation purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the property, such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 9-3.1607 of this article, or the payment of fees in lieu thereof, as set forth in Section 9-3.1608 of this article, provided the Planning Commission finds it is in the public interests to do so and the following standards are met:
   (a)   That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open spaces; and
   (b)   That the private ownership and maintenance of the open space is adequately provided for by written agreement; and
   (c)   That 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 and which cannot be defeated or eliminated without the consent of the Planning Commission; and
   (d)   That the proposed private open space is reasonably adaptable for the use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and the location of the private open space land, and
   (e)   That the facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan and are approved by the Planning Commission.
   The Council, upon a recommendation by the Planning Commission, may adopt more specific guidelines and standards to be utilized in determining the actual percentage of credit that may be given for private park and recreational facilities in any proposed subdivision.  Such guidelines and standards shall be adopted as a resolution by the Council, upon a recommendation by the Planning Commission, only after a public hearing, noticed and conducted in the manner required for zone changes, in accordance with the provisions of Article 29 of Chapter 4 of this title.
(Ord. 744-NS, eff. April 17, 1980)