Sec. 62-271. - General.

As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this article.

(Code 1960, § 19.171)

Sec. 62-272. - Standards for reservation of land.

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city to reserve sites, as determined by the city in accordance with the principles and standards contained in the specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area if it is not acquired within the prescribed period.

(Code 1960, § 19.172)

Sec. 62-273. - Procedure.

The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement of the subdivider and the agency.

(Code 1960, § 19.173)

Sec. 62-274. - Payment to subdivider.

The purchase price shall be the fair market value thereof at the time of the filing of the tentative map plus the real property taxes against the reserved area after the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. The fair market value of the property shall be established considering the existing zoning on the property and not considering the value of the property as it may be enhanced by approval of the subdivision map, rezoning, or other entitlement for use.

(Code 1960, § 19.174)

Sec. 62-275. - Termination.

If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate.

(Code 1960, § 19.175)

Secs. 62-276—62-295. - Reserved. ARTICLE IX. - EXCEPTIONS

Sec. 62-296. - Purpose.

The purpose of this article is to allow the planning commission to approve or conditionally approve exceptions to any of the requirements and regulations set forth in this chapter in accord herewith.

(Code 1960, § 19.191)

Sec. 62-297. - Exceptions permitted.

Exceptions to the regulations and requirements of this chapter may be allowed for the following conditions:

(1)

When property is impossible or impractical to develop in accordance with any of the provisions of this chapter because of special circumstances or conditions which affect such property.

(2)

When a subdivider proposes to develop property using modern site planning techniques in a manner which does not conform or literally comply to the design standards or regulations set forth in this chapter but would serve to facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technical progress.

(Code 1960, § 19.192)

Sec. 62-298. - Memorandum of justification.

At no time later than the time of filing of the tentative map the subdivider shall submit a memorandum in writing containing the following information:

(1)

A complete list of all the exceptions requested and justification for such exceptions.

(2)

Tentative plans, plan of development or any other material necessary to support justification of such exception.

(3)

If applicable, any decision previously made by the planning commission on the proposed property with respect to the zoning regulations, complete with all material and information required therewith.

(Code 1960, § 19.193)

Sec. 62-299. - Planning commission review and decision.

(a)

At such time as the planning commission reviews the tentative map it shall review the memorandum of justification. The commission shall approve, approve with conditions or disapprove the requested exceptions. The decision and findings of the commission shall be transmitted to the subdivider and city engineer with the tentative map. In making their decision the planning commission shall make the following findings of fact:

(1)

That there are special circumstances or conditions affecting the property.

(2)

That the exception is necessary for the preservation and enjoyment of a substantial property right.

(3)

That the total development of the property with the exceptions shall in the aggregate be at least equivalent to standard requirements set forth in this chapter and be in harmony with other developed areas in the immediate vicinity.

(4)

That such exceptions will not be detrimental to the public health, safety, convenience and public welfare.

(5)

That such exceptions conform to the requirements of the zoning ordinance or any approved exception thereof.

(b)

The findings of fact described in subsection (a)(1) and (2) of this section may not be necessary when a subdivider files for an exception based on the condition described in section 62-297.

(Code 1960, § 19.194)