Where private open space for park and recreation purposes is provided in a proposed development 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 9-4.2606 of this article, or the payment of fees in lieu thereof, as set forth in Section 9-4.2607 of this article, provided the 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 space; 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 development and which cannot be defeated or eliminated without the consent of the Commission; and
(d) That the proposed private open space is reasonably adaptable for 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 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 Commission.
The Council, upon a recommendation of the Commission, shall 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 development. Such guidelines and standards shall be adopted as a resolution by the Council, upon a recommendation by the 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 this chapter.
(§ III, Ord. 376-NS, eff. May 31, 1973)