Sec. 62-221. - Procedure.

(a)

Prior to approval of the tentative subdivision or parcel map, the parks and recreation commission shall determine whether land is to be dedicated, in-lieu fees are to be paid, or whether there shall be a combination of land dedication and fees.

(b)

Prior to recordation of the final subdivision or parcel map, the subdivider shall dedicate the required land and/or pay the required in-lieu fees.

(c)

Open space covenants for private park or recreational areas shall be submitted to the city for review and approval prior to approval of the final subdivision or parcel map, and shall be recorded contemporaneously with the final subdivision or parcel map.

(Code 1960, § 19.151; Ord. No. 928, § 10, 4-20-95)

Sec. 62-222. - Disposition of fees.

Fees determined pursuant to section 62-217 shall be deposited into a subdivision park trust fund. All moneys in such fund, including accrued interest, shall be expended solely for the development of new or rehabilitation of existing neighborhood or community parks and recreation areas. The city finance officer shall report to the city council at least annually on the income, expenditures, and status of the subdivision park trust fund.

(Code 1960, § 19.152; Ord. No. 928, § 11, 4-20-95)

Sec. 62-223. - Reserved.

Editor's note— Ord. No. 928, § 12, adopted April 20, 1995, set out provisions repealing § 62-223, which pertained to commencement of development and derived from Code 1960, § 19.153.

Sec. 62-224. - Nonapplicable subdivisions.

The provisions of this article do not apply to industrial subdivisions or to condominium or stock cooperative projects which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.

(Code 1960, § 19.154; Ord. No. 928, § 13, 4-20-95)

Secs. 62-225—62-245. - Reserved. ARTICLE VII. - SCHOOL SITE DEDICATION

Sec. 62-246. - General.

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Code 1960, § 19.161)

Sec. 62-247. - Procedure.

The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement for dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the dedication requirement shall be automatically terminated. The required dedication may be made any time before, concurrent with, or up to 60 days after the filing of the final map on any portion of the subdivision.

(Code 1960, § 19.162)

Sec. 62-248. - Payments to subdivider for school site dedication.

The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1)

The cost of any improvements to the dedicated land since acquisition by the subdivider.

(2)

The taxes assessed against the dedicated land after the date of the school district's offer to enter into the binding commitment to accept the dedication.

(3)

Any other costs incurred by the subdivider in maintaining such dedicated land, including interest costs incurred on any loan covering such land.

(Code 1960, § 19.163)

Sec. 62-249. - Exemptions.

The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map.

(Code 1960, § 19.164)

Secs. 62-250—62-270. - Reserved. ARTICLE VIII. - RESERVATIONS