§ 13-259. Procedures, credits

(a) Procedures. When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and applicable local ordinances. When fees are required, the same shall be deposited with the development services department prior to recordation of the map or issuance of building permits.

(b) Credits. Credits against the amount of land to be dedicated or the amount of fees to be paid in lieu of dedication shall be granted as follows:

(1) Existing dwelling units: Credit shall be granted for dwelling units demolished as a part of the development of the subdivision. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other subdivisions.

(2) Privately developed, owned and maintained open space: Where private facilities for park and recreational purposes are provided in a proposed subdivision and the facilities are to be privately owned and maintained by the future residents of the subdivision, the areas occupied by the facilities shall be credited against the requirement of dedication of land for park and recreation purposes or the payment of fees in lieu thereof, to the extent that the planning commission finds it is in the public interest to do so and that the following standards are met:

a. That each facility is available for use by all the residents of the subdivision;

b. That the area and the facilities satisfy the recreation and park needs of the subdivision so as to reduce the need for public recreation and park facilities to serve the subdivision residents;

c. That the area provided is in excess of the minimum amount of open space required for the subdivision;

d. That the area provided in excess of required open space is not used as a credit or bonus incentive as provided in other sections of this Zoning Code; and

e. That the area provided is of sufficient size, location and design to facilitate functional use of the area to meet the park and recreation demands of the future subdivision residents.

(3) Credits shall be granted, dollar for dollar, for the value of park and recreational area and other improvements as approved by the planning commission. The value of the facilities shall be established by written documentation of the actual acquisition cost of the facilities paid by the subdivider.

(c) Previous fees. Credit shall be granted, dollar for dollar, for any park and recreation fees paid for the property pursuant to this Zoning Code within the preceding five (5) years.

(d) Improvements to dedicated land. Credit shall be granted, dollar for dollar, if the subdivider provides park and recreation facilities and/or improvements to land dedicated for park and recreation purposes. The value of the facilities and/or improvements shall be established by written documentation of the actual acquisition cost of the facilities or construction costs of the improvements paid by the subdivider.

(e) Limitation on credits. The maximum amount of credits provided by this section shall not exceed one hundred (100) per cent of the calculated fee in lieu of land dedication.

(f) Transfer of credits. Credits provided by this section shall not be transferred or assignable to apply to property outside of the subdivision awarded the credit.

(g) The granting of credits. Pursuant to section 13-259(b), Procedures and credits, credits shall be granted subject to the following conditions:

(1) The private ownership and maintenance of the facilities shall be adequately provided for by written agreement in a form acceptable to the city attorney;

(2) The use of the private facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the city council;

(3) The proposed private facilities are reasonable and adaptable for use for park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

(4) The facilities proposed are in substantial accordance with the general plan.

(h) Additional credits. In lieu of the dedication of land for park and recreation purposes or the payment of a fee, the development services director, with the approval of the planning commission may permit the following:

(1) Dedication of land for park or recreation purposes outside of the subdivision;

(2) Improvements to be made to an existing city park or upon land being dedicated as a public park;

(3) Recreational facility to be installed upon land being dedicated as a city park; or

(4) Any combination of (1), (2), or (3) above, provided that the land to be dedicated, the improvements to be made or the facilities to be installed or constructed are so located as to bear a reasonable relationship to the use thereof by future inhabitants of the subdivision.

The dedication of land or providing of improvements or facilities may only be used as a credit against the otherwise required dedication or fee to the extent of the value of the land, improvements or facilities as determined by the planning commission to be equal to or greater than the value of the land which would have been dedicated or the fee which would be paid pursuant to section 13-256, Amount of fee in lieu of land dedication.

(Ord. No. 97-11, § 2, 5-5-97)