Sec. 9-4.2609.  Choice of dedication of land or payment of fees or both.
   (a)   Procedure. The procedure for determining whether the developer is to dedicate land, pay a fee, or both shall be as follows:
   (1)   Determination by the developer. At the time of filing an R-P-D, H-P-D, or T-P-D permit application for approval, the owner of the property shall, as a part of the filing, 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 this purpose, he shall designate the area thereof on the plot plan as submitted.
   (2)   Action of the City. At the time of an R-P-D, H-P-D, or T-P-D permit approval, the Commission or the Council, 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 development, the payment of a fee in lieu thereof, or a combination of both.
   (3)   Prerequisites for the issuance of building permits or certificates of occupancy for R-P-D, H-P-D, or T-P-D permits.  Where dedication or fees are required, the park property shall be dedicated to, or the fees shall be deposited with, the Conejo Recreation and Park District, or to the City if the District does not have any jurisdiction for the property, prior to the issuance of the building permit, in the case of R-P-D and H-P-D permits, or the certificate of occupancy, in the case of T-P-D permits. 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 to, and approved by, the City Attorney and Community Development Director and be recorded prior to the issuance of the building permit, in the case of R-P-D and H-P-D permits, or the certificate of occupancy in the case of T-P-D permits.
   (b)   Space determination.  Whether the Commission or the Council, upon the advice of the Conejo Recreation and Park District, accepts the land dedication or elects to require the payment of 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 development available for dedication;
   (3)   The size and shape of the development 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 Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive, except in the case of H-P-D permits, unless appealed to the Council.
(§ III, Ord. 376-NS, eff. May 31, 1973)