18.44.040 Credit for private open space.

Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the requirement of dedication for park and recreation purposes or fees paid in lieu thereof, to such an extent that the city council finds appropriate, in no event to exceed fifty percent, taking into account the mode of valuation set forth in this title, provided the city council finds it is in the public interest to do so, and that the following criteria are met:

(A) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations are not included in the computation of such private open space;

(B) That the private ownership and maintenance of the open space is adequately provided for by written agreement;

(C) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract, and which cannot be defeated or eliminated without the consent of the city council;

(D) That the percentage of credit recognized for private open space shall take into account such factors as size, shape, topography, geology, access and locations and the parcel's suitability for use for park or recreational purposes, as distinguished from inactive or primarily aesthetic open space; and

(E) That the facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the city council.