Item - 2025.MM33.43

City Council on October 8 and 9, 2025, adopted the following:

1. City Council amend its previous decision on Item 2025.MM32.33 by amending Part 2 by deleting the words “the issuance of the first above grade building permit ” and replacing them with “two (2) years after the issuance of the first above grade building permit” and adding a new subsection c) so that Part 2 now reads as follows:

2. Should the General Manager, Parks and Recreation, and the Owner agree to a property as a substitution for cash-in-lieu of parkland dedication, City Council accept the off-site parkland dedication, in full or partial fulfilment of the parkland dedication requirements, pursuant to Section 42 of the Planning Act, with conveyance to the City to occur prior to two (2) years after the issuance of the first above grade building permit, in accordance with the following:

a. in the event that the value of the off-site parkland dedication is less than the value of the cash-in-lieu parkland dedication, the Owner shall pay cash-in-lieu of parkland for the shortfall in the value of the off-site parkland dedication in accordance with Chapter 415 Article 3 of the Municipal Code;

b. in the event that the Owner is unable to provide a substituted off-site parkland dedication to the satisfaction of the General Manager, Parks and Recreation, the Owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu prior to the issuance of first above grade building permit in accordance with Chapter 415 Article 3 of the Municipal Code; and

c. in the event that the City is seeking an off-site parkland dedication, the Owner has registered or authorized the City to register a section 118 restriction on title to the parkland prior to the issuance of the first above-grade building permit of the Lands, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.