Sec. 9-3.1610.  Choice of dedication of land or payment of fees or both.
   (a)   Procedure.  The procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:
   (1)   Determination by the subdivider.  At the time of filing a tentative tract map for approval, the owner of the property, as a part of the filing, shall indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof.  If he desires to dedicate land for such purposes, he shall designate the area thereof on the tentative tract map as submitted.
   (2)   Action of the City.  At the time of the tentative tract map approval, the Planning Commission, upon the advice of the Conejo Recreation and Park District, shall determine as a part of such approval, whether to require a dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both.
   (3)   Prerequisites for acceptance of final maps.  Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and conveyed to the Conejo Recreation and Park District, or to the City if the District does not have any jurisdiction within the subdivision.  Where fees are required, they shall be deposited with the Conejo Recreation and Park District, or with the City if the District does not have any jurisdiction within the subdivision, prior to the acceptance of the final tract map.  If the Conejo Recreation and Park District refuses to accept either the park dedication or the fees, such dedication shall be conveyed to the City or its assignees and/or the fees will be held by the city in a trust fund for the Conejo Recreation and Park District.  Open space covenants for private park or recreational facilities shall be submitted in a form approved by the City Attorney and Community Development Director prior to the Council accepting the final tract map and shall be recorded contemporaneously with the final tract map.
   (b)   Determination.  Whether the Planning Commission, upon the advice of the Conejo Recreation and Park District, accepts the land dedication or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
   (1)   The Recreation Element of the General Plan;
   (2)   The topography, geology, access, and location of the land in the subdivision available for dedication;
   (3)   The size and shape of the subdivision and the land available for dedication;
   (4)   The location of existing or proposed park sites and trailways; and
   (5)   The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.
   The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive, unless appealed to the Council. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.
(Ord. 744-NS, eff. April 17, 1980)