§ 8.26.090    Determination as to requirement for fee or dedication.
   (A)   Whether the city accepts land dedication or elects to require payment of Quimby fees, or a combination of both, shall be determined by consideration of the following:
      (1)   Reasonable relationship. That the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
      (2)   Compatibility. Compatibility of dedication with the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith.
      (3)   Physical characteristics. Topography, geology, access, and location of land in the development available for dedication.
      (4)   General suitability. Suitability for patrol, supervision, and maintenance.
      (5)   Geographic dimensions. Size and shape of the development and land available for dedication.
      (6)   Feasibility. The feasibility of dedication.
      (7)   Alternative and additional parkland in the vicinity. Availability of previously acquired park property.
   (B)   The determination of the Planning Commission upon the recommendation of the Community and Economic Development Director as to whether land shall be dedicated or whether Quimby fees shall be paid, or a combination of both, shall be based upon the above factors in the totality of the circumstances, and shall be final and conclusive, unless timely appealed to the City Council pursuant to § 10.20.020 “Appeal” of the Tulare Municipal Code.
(Ord. 2023-07, passed 8-15-2023)