18.44.045 Dedication of and/or fee or both—Procedures.

(A) Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both shall be as follows:

(1) Subdivider. At the time a tentative parcel or subdivision map application is filed, the owner of the property shall designate property for park and recreational purposes on the map or submit a justification to pay an in-lieu parkland dedication fee.

(2) Action of Advisory Bodies. Among its recommendations to the city council on the tentative subdivision map, the planning commission shall recommend approval, disapproval or modification of the property owner's park dedication proposal.

(3) Action of City Council. At the time of the tentative subdivision map approval, the city council shall determine, as a part of such approval, whether to require parkland dedication within the subdivision, payment of an in-lieu parkland dedication fee, or a combination of both.

(4) Prerequisites for Approval of Final Map. Where parkland dedication is required, it shall be accomplished in accordance with the provisions of the subdivision map act and any additional requirements of the city. Where park in-lieu fees are required, the park in-lieu fees shall be deposited with the city prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map and shall be recorded in conjunction with the final map.

(B) Determination. The city council shall accept parkland dedication payment of an in-lieu park dedication fee, or a combination of both in accordance with the following criteria:

(1) Recreation element of the city's general plan; and

(2) Topography, geology, access and location of land in the subdivision available for dedication; and

(3) Size and shape of the subdivision and land available for dedication.

The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.