811.0305 Definitions.

The following definitions shall govern the meaning of words in this Chapter, unless from the context in which the word is used, a different meaning is clearly intended:

(a) “Park” means a parcel or contiguous parcels of land which is owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment the residents of the subdivision and of persons residing, working, or visiting in the City. Parks may be classified as community parks, including community centers, athletic facilities, large multi-use swimming pools, picnic areas, cultural centers, or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to open space areas suitable for active or passive uses.

(b) “Park and recreational facilities” mean any public improvements deemed necessary by the City to develop, improve, or rehabilitate land and facilities for park and recreational purposes. Such improvements may include but not be limited to grading; landscaped areas for active and passive recreational use, open space, and sports fields; irrigation and drainage systems; lawn, shrubs, and trees; facilities for recreational community gardening; walkways, bicycle facilities, and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquet ball, and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by State law or approved by the City. (c) “Private open space” means that privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision, which land and facilities can be credited against the dedication and payment requirements established in this Chapter, when the following criteria are met:

1. That the private park land meet a minimum size requirement of one-third (0.3) acre;

2. That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private park land;

3. That the following areas or subdivision design features shall not be eligible for private park credit; yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, greenbelts, meandering streams, and circulation improvements such as bicycle, hiking, and equestrian trails;

4. That the location of the land provide convenient access to housing and schools;

5. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and

6. That the use of the private park land is perpetually restricted for park and recreational purposes which cannot be defeated or eliminated without the consent of the City Council and in no event without providing equivalent park and recreational space elsewhere in the subdivision.

(d) “Fair market value” means the value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or at the option of City based upon an appraisal by a qualified appraiser selected by City. In the event the subdivider disagrees with this fair market value determination, the subdivider may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three (3) appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the City and the subdivider for the purposes of this Chapter. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. The fair market value shall be determined as of the time the final map or parcel map is filed. With regards to any park and recreation improvements or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct, or install the improvement or equipment.