20.34.160 Credits.
The park modification procedure as required by Section 20.34.190 shall be followed when considering the following:
A. Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed development and such space is to be privately owned and perpetually maintained and operated by the future residents of the development or the owner; such areas may be credited against the requirement of reservation of land for park and recreational purposes; and the payment of fees as required by this chapter provided the city council finds it is in the public interest to do so; and that the following standards are met:
1. That yards; court areas; setbacks and other open areas required to be maintained by zoning and building regulations shall not be included in the computation of such private open space;
2. That the perpetual private ownership and maintenance of the open space is adequately provided for by a recorded written agreement;
3. That the use of the private open space 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 development;
4. That the proposed private open space is 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 open space land; and
5. That facilities proposed for the open space are in substantial accordance with the provisions of the parks and recreation element of the general plan and are approved by the planning commission.
B. Credit for Extraordinary Improvements. When; in a proposed development; park land or recreational improvements are to be provided which will contain improvements over and above those required by this chapter; such extraordinary improvements may be credited against the requirements of reservation of land and/or fees due for park and recreational purposes; as set forth in this chapter; provided that the city council; upon considering the recommendation of the planning commission and the recreation; music and parks commission; finds it is in the public interest to do so. Where such a finding is made the required park land reservation and fees may be reduced by an amount to be determined, but in no event shall such amount exceed the value of the extraordinary improvements. The value of the improvement to be credited will be determined on the same cost basis as other improvements prescribed in this chapter.
C. Credit for Excess Lands. When, in a proposed development; park or open space lands in excess of the minimum requirements of this chapter are proposed to be reserved, said excess may be credited against the requirement of park improvement fees as required by this chapter; provided, that the city council finds it in the public interest to do so. In no event shall such credit exceed the value of the excess land dedicated, as said value is determined pursuant to this chapter.
D. Method of Obtaining Credit.
1. The applicant desiring credit pursuant to this section shall submit a written request to the city council Said request shall include a detailed cost breakdown of the land or improvements for which credit is sought.
2. Upon receipt of said application; the city manager shall submit a report thereon containing his recommendation.
3. If the city council finds that the community will benefit from the excess land or extraordinary improvements; the city council may authorize an agreement to reimburse the applicant for the excess over minimum requirements of this chapter. Such reimbursement shall be authorized when the excess land or extraordinary improvements are imposed as a requirement of the city.
4. The agreement shall set out the terms of reimbursement; and shall include (but not be limited to) the following provisions:
a. The city shall collect and hold the fees from the area that would utilize the park constructed by the applicant and reimburse the applicant, but not for a period longer than ten years. The constructing applicant shall be reimbursed for total costs for its purchase of the park land and the costs of the improvements located in the streets and other rights-of-way, and for any other required rights-of-way, and for any other required improvements.
b. The city will reimburse the applicant once yearly; without interest from the collected fees under Chapter 20.34 of the Petaluma Municipal Code; but may set off such reimbursement against any other fees or charges due and payable to the city from the applicant.
(Ord. 1352 NCS §2 (part), 1979; Ord. 1337 NCS §2 (part), 1978.)