(A) Amount and character. At least 25% of the total acres in a proposed development permitted by this section shall be dedicated to public and/or private open space or recreation facilities exclusive
of dwellings, streets, parking areas, and single-family residential lots. Such open space shall be clearly shown on the general plan, shall be physically situated so as to be readily accessible, available to, and usable by all residents of the planned residential development.
(B) Conveyance and maintenance of common open space.
(1) All common open space shown on the final development plan and recorded in the office of the City Clerk-Treasurer must be conveyed in accordance with one of the following methods:
(a) The proposed dedication as publicly owned and maintained open space must be acceptable to the city with regard to the size, shape, location, and improvements. In addition, the developer must show that dedication of such areas will be to the city.
(b) By leasing or conveying title (including beneficial ownership) to corporation, home associations or other legal entity. The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Commission for guaranteeing:
1. The continued use of such land for intended purposes;
2. Continuity of proper maintenance,
3. When appropriate, the availability of funds required for such maintenance;
4. Adequate insurance protection; and
5. Recovery for loss sustained by casualty, and condemnation or otherwise.
(2) In any event, the developer must file in the City Hall, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide a method for restricting use of common open space for the designated purposes.
(Ord. 101, passed 4-11-77)