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ORDINANCE NO. NS-1195 <br />PAGE FOUR <br /> <br />f. Amendments. <br /> <br /> When an existing local park acquisition and deve- <br />lopment area is amended to add territory thereto or a new <br />area is created and such amendment has been in effect for a <br />period of thirty (30) days, this Article shall apply to the <br />territory so added as though said territory had been in a <br />local park acquisition and development area on the effective <br />date thereof. <br /> <br />Sec. 34-206. Criteria for Requiring Both Dedication <br /> and Fee. <br /> <br /> In subdivision <br />shall both dedicate <br />accordance with the <br /> <br />of over fifty (50) lots, the subdivider <br />land and pay a fee in lieu thereof in <br />following formula: <br /> <br />a, General Standard <br /> <br /> When only a portion of the land to be subdivided is <br />proposed in the Open Space Element of the General Plan as <br />the site for a local park, such portion shall be dedicated <br />for local park purposes and a fee computed pursuant to Sec. <br />34-207 hereof shall be paid for any additional land that <br />would have been required to have been dedicated pursuant to <br />Sec. 34-204 hereof. <br /> <br />b. Where Only Small Portion to be Dedicated. <br /> <br /> When any portion of the local park or recreational <br />site has already been acquired by the City and only al <br />portion of land isneeded from the subdivision to complete <br />the site, such remaining portions shall be dedicated and a <br />fee computed pursuant to Sec. 34-207 hereof shall be paid in <br />an amount equal to the value of the land which would otherwise <br />have been required to be dedicated pursuant to Sec. 34-204 <br />hereof, such fee to be used for the improvement of the existing <br />park and recreational facility or for the improvement of other <br />local parks and recreational facilities in the area serving <br />the subdivision. <br /> <br />Sec. 34-207. Amount of Fee in Lieu of Land Dedication. <br /> <br /> Where a fee is required to be paid in lieu of land dedi- <br />cation, the amount of such fee shall be based upon the "fair <br />market value" of the amount of land which would otherwise be <br />required to be dedicated pursuant to Sec. 34-204 hereof. The <br />fee shall be paid pursuant to the provisions contained in <br />Sec. 34-211 hereof. Fair market value shall be determined <br />at the time of filing the tentative map. <br /> <br />Sec. 34-208. Subdivision not within General Plan. <br /> <br /> Where the proposed subdivision lies within an area not <br />within but to be included within the city general plan, the <br />subdivider shall dedicate land, pay a fee in lieu thereof, <br />or both, in accordance with the adopted park and recreational <br />principles and standards of the city general plan and in <br />accordance with the provisions of this Article. <br /> <br /> <br />