§ 9-68.120. Exceptions to Certain Requirements

A.

If it is determined that a subdivider shall dedicate land in order to satisfy the provisions of this Chapter, the City may, at the time of approval of the Tentative Tract Map or Tentative Parcel Map, allow certain exceptions to be made from one or more or all of the following requirements:

1.

The land to be conveyed to the District for park and recreational purposes actually be located within the boundaries of the proposed subdivision as shown by the Tentative Tract Map, or Tentative Parcel Map, submitted to the City for approval;

2.

The land to be conveyed to the District, assuming it is to be located outside the boundaries of the proposed subdivision actually be owned by the subdivider or that the subdivider have an interest in the land;

3.

The land, assuming it is to be located outside the boundaries of the proposed subdivision actually be conveyed to the District before the time of Final Map or Parcel Map approval; and

4.

The subdivider be obligated to construct, or pay the Districts costs of constructing, offsite improvements in compliance with the provisions of either Section 9-68.080.

B.

The City and District shall only allow exceptions from the requirements of this Chapter if substantial evidence introduced at the public hearing on the subdivider's Tentative Tract Map or Tentative Parcel Map shows that all of the following criteria have been met:

1.

The amount of land to be conveyed to the District by a third person on behalf of a subdivider be, at a minimum, at least equal to the amount of land which the subdivider would ordinarily have been required to dedicate in compliance with the provisions of Section 9-68.060;

2.

The location of the land to be conveyed to the District by a third person on behalf of a subdivider is consistent with the Recreation Element of the General Plan and of the District's General Plan;

3.

The District intends to use the land conveyed to it for the development of a park or other recreational facilities to serve the residents of the proposed subdivision; and

4.

The exception will not impair the public health, safety, and welfare.

C.

Any exception shall only be authorized by the City as an alternative to the normal requirement of the dedication of land located within the boundaries of a subdivision. If, for any reason, at any time during the process of the issuance of the Zoning Clearance the person arranging the conveyance of real property to the District on behalf of a subdivider cannot complete the transaction, the subdivider shall be required to comply with all provisions of this Section regarding the dedication of land within the boundaries of the subdivision, the payment of a fee in lieu thereof, or a combination of both as well as constructing or paying the cost of constructing offsite improvements. In this case, the City and District shall jointly determine how the subdivider shall comply with the provisions of this Chapter, and the Zoning Clearance shall not be approved by the City until the requirements have been met.

D.

If the City allows exceptions to be made from one or more or all of the requirements of this Chapter, the City, may require the subdivider to post with the District a bond, or other form of security, which is jointly acceptable to the City and District, conditioned on the subdivider's faithful performance of all of the requirements imposed by the City as a condition of approval.

E.

If the City allows an exception to the requirements of this Chapter per Subsection (A)(2), the City shall require the subdivider to enter into a written agreement with the District and with the third person conveying land to the District on behalf of the subdivider, which agreement shall address the criteria identified in Subsection B. The agreement shall be subject to the approval of the City.

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