§ 16.08.070. Choice of land or fee—Procedure.

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

A.

At the time of filing a tentative tract map for approval, the owner of the property shall, as part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted.

B.

At the time of the tentative tract map approval, the city council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

C.

Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city prior to the filing for approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.

(Ord. No. 628 § 10, 2004; prior code § 1612)