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A. The advisory agency shall determine whether credit for park and/or recreation facilities constructed by the developer may be given. Except for the provisions of Section 15.80.120B, the following credit may be allowed providing the criteria stated in paragraph 3 of this subsection are met:

1. No more than seven-tenths of one acre per one thousand population credit may be given for private park and/or recreation facilities within a subdivision or development.

2. No more than one and one-half acre per one thousand population credit may be given for park and/or recreation facilities located within lands encumbered with electrical transmission line easements of a residential subdivision.

3. The following criteria must be met to obtain credit as stated in paragraphs 1 and 2 above.

a. Yard, court areas, setbacks and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such credit;

b. The ownership and maintenance of open space is adequately provided for by recorded written agreement, covenants or restrictions approved by the city attorney;

c. The use of the open space is restricted and preserved for park and recreational purposes by recorded covenants, easement or other instrument approved by the city attorney, which run with the land in favor of future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city council;

d. The proposed 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 open space;

e. The facilities proposed are:

i. In substantial accordance with the provisions of the Parks Element of the Metropolitan Bakersfield 2010 General Plan, or adopted community or specific plans;

ii. Are appropriate to the recreational needs of future residents of the development;

iii. Substantially comparable to the park and recreation lands otherwise required to be dedicated in meeting the recreation needs of the residents;

f. Park and/or recreation facilities for private use shall be maintained by the private property owners.

B. The advisory agency shall determine whether one hundred percent credit may be given. Credit for the full amount of park land dedication and/or in-lieu fee shall be based on the subdivider developing and constructing a public park in accordance to city standards, including the facilities specified in the Parks Element of the Metropolitan Bakersfield 2010 General Plan. Prior to recordation of any final map, the subdivider shall enter into an agreement with the city which includes, but is not limited to, the subdivider’s responsibilities, date to complete construction of the park, concept design with proposed facilities, bonding requirements as deemed necessary by the city engineer and/or parks superintendent, and transfer of real property title of the park to the city. (Ord. 3818 § 1, 1998; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)