§ 9-68.090. Determination of Dedication of Land or Payment of Fee

The following procedure shall determine whether a subdivider shall dedicate land, pay a fee, or both.

A.

At the time of application for Tentative Map approval, the subdivider shall indicate whether the subdivider desires to dedicate property for park and recreational purposes, whether the subdivider desires to pay a fee in lieu thereof, or a combination of both. If the subdivider desires to dedicate land for the purposes, the subdivider shall designate the area thereof on the Tentative Map following consultation with the City and District as to the appropriate location and size of the area proposed to be dedicated.

B.

The City and District shall jointly determine, before approval of the Tentative Map, whether to require a subdivider to dedicate land, pay a fee in lieu thereof, or a combination of both.

C.

The decision of the City and District in this regard shall be governed by consideration of the following:

1.

Adherence to the Recreation Element of the General Plan;

2.

The topography, geology, access, and location of the land in the subdivision available for dedication;

3.

The size and shape of the subdivision and land available for dedication; and

4.

The location of existing or proposed park sites and trailways.

D.

Nothing in this Chapter shall be interpreted to prohibit, or limit in any manner, the City and District from determining the location and configuration of the land to be dedicated.

E.

The joint determination of the City and District, made at the time of Tentative Map approval, that land shall be dedicated, a fee paid in lieu thereof, or a combination of both, as well as the manner in which the subdivider shall meet the requirements identified in Sections 9-68.060 and 9-68.070 shall be final and conclusive.

(§ 5, Ord. 1085, eff. January 6, 2006)