§ 82-286. Credit for park and recreational improvements and equipment.

(a)

If the subdivider proposes to receive credit for providing park and recreational improvements to the land the subdivider has dedicated, or equipment located thereon, the following procedure shall be followed. At the time of filing for the tentative map, the subdivider shall notify the local agency providing park and recreational services to the area within which the proposed development will be located that he or she intends to receive credit for park and recreational services to the area within which the proposed development will be located that he or she intends to receive credit for park and recreational improvements to the dedicated land and equipment located on that land. At the time of approval of the tentative map, the amount of land to be dedicated necessary to comply with this chapter shall be calculated pursuant to Sections 22.40.035 [82-276] or .045 [82-278]. As a condition of approval of such tentative map, the developer shall be required to dedicate the calculated amount of land or its equivalent in fees or credits at the time of filing the final map, and the developer shall sign an agreement with the local agency stating that land, and any equipment located thereon shall be calculated and dedicated at the time of approval of the final map in an amount equivalent to the current value of the amount of land required to be dedicated as a condition of the tentative map.

(b)

Such land, improvements and equipment may be accepted by the local agency if such land, improvements and equipment complies with its master plan for that park. Immediately upon the approval or conditioned approval of the tentative map to the subdivider, the local agency providing parks shall initiate preparation of a master plan for the park area proposed to receive the credits. Such master plan shall be completed within the duration of the tentative map and not later than 36 months from approval of the tentative map.

(c)

At the time of approval of the final map, the subdivider shall dedicate land to the local agency providing parks if such dedication is consistent with the master plan. The subdivider and the local agency shall enter into a credit agreement whereby the subdivider agrees to pay a fee in lieu of dedication of land, and provide a bond or other security acceptable to the county guaranteeing the subdivider will pay the fee, in the amount of the remainder of the obligation calculated pursuant to subdivision (a). The subdivider then shall specify the improvements to the dedicated land together with equipment located thereon he or she wishes to provide, consistent with the master plan. The public agency shall proceed with a standard competitive bid process to arrive at the lowest responsible bidder for providing such improvements and equipment. Upon completion of the competitive bid process, the subdivider shall pay the fee, which shall be used to pay for such improvements and equipment. If no fee is paid, the bond or other security shall be used for such payment. The remainder of the fee or security, if any, shall be retained by the local agency.

(d)

If the developer and local agency agree to allow installation of park and recreational improvements and equipment located on the dedicated land, rather than providing a fee, bond, or other security pursuant to subdivision (c), the developer may do so provided that such improvements are consistent with the park master plan. The amount of credit to be given shall be determined jointly by the local agency providing parks, the department of public works, and the developer, based on evidence presented by the developer showing that such improvements were obtained and installed at a reasonable, competitive rate for the community. Only reasonable charges shall be eligible for credit under this section. The developer may choose to construct and provide such improvements and equipment only upon a showing to the department of public works and local agency providing parks that such a procedure will not result in costs in excess of that obtainable by using a competitive bidding process carried out by the public agency, pursuant to subdivision (c).

(Ord. No. 97-01, § 2(22.40.085), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)