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ORDINANCE NO. NS-1195 PAGE FIVE Sec. 34-209. Determination of Land or Fee. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a. Open Space element of city's general plan. b. Topography, geology, access and location of land in the subdivision available for dedication. c. Size and shape of the subdivision and land available for dedication. d. The feasibility of dedication. e. Compatability of dedication with the master park and recreation plan. f. Availability of previously acquired park property. g. Population. The Planning Department shall make a recommendation based upon the above mentioned factors. 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. Sec. 34-210. Partial Credit. for Private Open Space. Where private open space for park and recreational pur- poses is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 25%, may be qiven against the requirement of land dedication or payment of'~es in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met: (a) that yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the compu- tation of such private open space; and (b) that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and (c) that the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with theland in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; and (d) that the proposed private 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; and