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ORDINANCE NO. NS-1526 PAGE FIVE SECTION 12: That sections 34-205, 34-206, 34- 207, 34-208, and 34-209 of the Santa Ana Municipal Code, are hereby repealed. SECTION 13: That section 34-210 of the Santa Ana Municipal Code, Ks hereby amended to read as follows: Sec. 34-210 Partial credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately and maintained by the future residents of the subdivision, partial credit, not to exceed twenty- five (25%), may be given against the requirement of land dedication 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 computation 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 in the land in favor of the futures 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, topography, geology, access, and location; and (e) That facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the general plan. SECTION 14: That section 34-211 of the Santa Ana Municipal Code, Ks hereby amended to read as follows: Sec. 34-211. Procedure At the time of approval of the tentative map, the City Council shall determine the land required to be dedicated, if any, by the subdivider. At the time of the filing of the final subdivision map, the subdivider shall offer to dedicate the land as previously determined by the City Council. The City Council may accept or reject such offer of dedication. 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 contemporaneously with the final subdivision map.