Article 4 — Credit

The City Council may give partial credit, not to exceed fifty (50) percent, against the requirement of land dedication or payment of fees for a common interest development under the following conditions: A. Private Recreational Facilities. Private open space, trails or recreational facilities within the development usable for active recreational uses are to be provided. B. Maintenance. The area is to be privately owned and maintained by the future owner(s) of the development. C. Commission Recommendation. Partial credit is recommended by the Parks and Recreation Commission and the Planning Commission. An application for partial credit must be submitted to the Planning Director, who will forward it to the Parks and Recreation Commission, with a copy to the Planning Commission, no later than at the time the tentative map is submitted for the official city review. Following action by the Planning Commission on the tentative map, the question of partial credit shall be scheduled for consideration by the City Council. Partial credit may be given only if the City Council finds that it is in the public interest to do so and that all of the standards set forth in Section 3.28.110 of this chapter are met. A common interest development is a community apartment project, a condominium project, a planned development or a stock cooperative as those are defined in Civil Code Section 1351. (Ord. 05-06 § 2 Exh. A (part))

The standards for partial credit under Section 3.28.100 of this chapter are that: A. Exclusion. Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulation shall not be included in the computation of such credit; B. Ownership and Maintenance Guaranteed. The private ownership and maintenance of the area, (to which the city is a party) is adequately provided for by recorded written agreement, covenants or restrictions; C. Restrictions Binding on Successors. The use of the private open space and facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be amended or eliminated without the consent of the city, or its successor; D. Recreational Use. The proposed private open space and facilities are reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; E. General Plan Compliance. Those elements proposed for the area are in substantial accordance with the provisions of the open space, parks, school and utilities element of the general plan; and F. Use Requirements. The open space and/or facility for which credit is given is usable for recreational uses and satisfies the requirements of subsection (F)(1) or (F)(2) of this section or a combination thereof: 1. A minimum of two contiguous areas which provide a minimum of four of the elements listed below: Item Minimum Size Children's play apparatus area .50 acre Landscape park-like quiet area .50 acre Family picnic area .25 acre Game court area .25 acre

Turf playfield 1.00 acre Swimming pool (minimum 42′×75′ with adjacent deck and/or lawn area) .25 acre Bicycle trail (linear feet) 1,000 feet Hiking and/or equestrian trail (linear feet) 2,000 feet

Bicycle, hiking and/or equestrian trails refer to neighborhood trails used primarily by residents living inside the proposed subdivision but which may join a community or regional trail system. (Under California Government Code 66475.1 a developer of over two hundred (200) parcels may be required to dedicate bicycle paths.) 2. Other recreational improvements as agreed to by the City Council that meet the specific recreation, trail and park needs of the future residents of the development. (Ord. 05-06 § 2 Exh. A (part))

A. Community Projects. The City Council upon recommendation from the Parks and Recreation Commission and Planning Commission may give full or partial credit against the requirement of land dedication or payment of fees for on- and off-site public park, trail and open space projects which the Council finds are of major benefit to the entire community and which are dedicated for public use. Public trails as used in this section are those used on a regional or community-wide basis or which serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision. B. Improvements Made. If an owner provides park and recreational improvements to the dedicated land, the value of the improvements shall be a credit against the payment of fees or dedication of land. (Ord. 05-06 § 2 Exh. A (part))