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ORDINANCE NO. NS-1195 PAGE SIX (e) that facilities proposed for the open space are in substantial accordance with the provisions of the Open Sapce Element of the General Plan. Sec. 34-211. Procedure. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant to Sec. 34-209 hereof the land to be dedicated and/or fees to be paid by the subdi- vider. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land or pay the fees as previously determined by the City Council. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contempo- raneously with the final subdivision map. Sec. 34-212. Commencement of Development. At the time of the approval of the final subdivision map the City Council shall specify when development of the park or recreational facilities shall be commenced. Sec. 34-213. Refunds. Any fee paid to the city under this Article for any resi- dential unit or any space in a mobile home park which is not constructed shall be refunded upon application of the deve- loper upon a showing to the satisfaction of the director of finance that the residential unit or space in a mobile home park has not been constructed. The director shall retain up to 10% of the fee to reim- burse the city for any and all costs or expenses incurred because of or in reliance upon the expected subdivision im- provement. If land has been dedicated pursuant to this Arti- cle, the director shall require a cash amount of up to 10% of the value of said land to be paid to reimburse the city for any and all costs or expenses before the land is recon- veyed to the subdivider. Sec. 34-214. Industrial Subdivision. The provisions of this Article shall not apply to indus- trial subdivisions. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.