Sec. 21-100. - Findings.

(a)

Certain types of new development projects and subdivisions within the county can have impacts on public park and recreational facilities.

(b)

The State of California, through the enactment of Government Code Section 66477 (Quimby Act) has decreed that local agencies may require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map.

(c)

New development and subdivisions within Santa Barbara County should be required to mitigate their park and recreation facility impacts by constructing, or financing the construction of, the park and recreation facilities needed to serve new development and subdivisions.

(d)

The County of Santa Barbara is comprised of different regions, and each of these regions has different park and recreation facility needs that are impacted differently by new development and subdivisions.

(e)

Recreation demand areas have been established within the county to reflect the different park and recreation facility needs within each region, within each of the various recreational demand areas of the county, park and recreation facility costs differ due to varying land values within each region.

(f)

As provided by the Quimby Act, the County of Santa Barbara has determined that the amount of neighborhood and community park and recreation acreage per one thousand members of the population is 4.7 acres. This is based on the derived ratio of amount of neighborhood and community park and recreation acreage to the total county population indicated in the current census.

(g)

Based upon the principles and standards of the recreation element of the Santa Barbara County general plan, it is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 0.0128 acres of property per dwelling unit be devoted to neighborhood and community park and recreational purposes, exclusive of and in addition to school lands used cooperatively for recreational purposes. The acres per dwelling unit factor is based on 4.7 acres required park and recreation acres per

one thousand persons in accordance with the county general plan and the average county population density of 2.72 persons per dwelling unit as per the 1990 census.

(h)

The board of supervisors further finds that the public interest, convenience, health, welfare and safety will be promoted by the adoption of park and recreation facility fees (Quimby fees) for the construction, expansion and/or improvement of existing park and recreation facilities, the need for which is caused by new development and subdivisions.

(Ord. No. 4317, § 1)

Sec. 21-101. - Definitions.

Words when used in this ordinance, and in resolutions adopted under the authority of this ordinance, shall have the following meanings:

(a)

"Recreation demand areas" are defined as those areas in the County of Santa Barbara as delineated by the Santa Barbara County recreational element of the land use section of the comprehensive plan and the board-adopted community plans.

(b)

"Development" or "development project" means any project undertaken for the purpose of development which involves the issuance of a Santa Barbara County land use permit for new construction, and reconstruction or expansion of an existing structure, which would result in an increased impact on public services.

(c)

"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale or lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 in the California Civil Code, a community apartment project as defined in subdivision (d) of Section 1351 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the California Civil Code, as the same presently exists or may hereafter be amended.

(d)

"Fee" or "Quimby fee" means a monetary exaction, other than a tax or special assessment, that is charged by the County of Santa Barbara in connection with approval of a development project or subdivision for the purpose of defraying all, or a portion of, the cost of park and recreation facilities related to the development project or subdivision.

(e)

"Park and recreation facilities" includes public improvements and community amenities including but not limited to public parks, open space, riding and hiking trails, curbs, gutters, grading, drainage facilities, street lighting, stop lights, streets signs, matching pavement, street trees, lawn and irrigation systems, landscaping, park roads and parking lots, driveways, restrooms, playground equipment, swimming or wading pools, tennis courts, picnic facilities, sports facilities, ranger housing, stub-in of utility line services to the parkway, related planning, engineering, construction and administrative activity, and any other capital park and recreation facilities projects identified within each recreation demand area.

(f)

"Capital improvement plan" means the plan for capital improvements adopted or updated annually by the board of supervisors. The capital improvement plan indicates the approximate location, size, time of availability and estimated cost of capital improvements to be financed with impact mitigation fees and appropriate money for capital improvement projects.

(g)

"Board of supervisors" means the board of supervisors of the county.

(h)

"County park department" means the park department of Santa Barbara County.

(i)

"County" means the County of Santa Barbara, a political subdivision of the State of California.

(Ord. No. 4317, § 1)

Sec. 21-102. - Adoption of park and recreation dedications and fees.

(a)

Park and recreation dedications and fees may be established pursuant to this ordinance by resolution of the board of supervisors to address identified park and recreation facility impacts within each recreation demand area of the county. These fees are payable upon the approval of final subdivision maps and development projects prior to the issuance of land use permits or final map recordation for subdivisions creating four or fewer parcels, in order to finance the cost of park and recreational facilities. Recreation demand areas of the county currently include, but are not limited to:

(1)

South Coast East;

(2)

South Coast West;

(3)

Santa Ynez;

(4)

Lompoc;

(5)

Santa Maria;

(6)

Orcutt.

(b)

Recreation demand areas may be further defined, added, deleted or consolidated by resolution of the board of supervisors.

(Ord. No. 4317, § 1)

Sec. 21-103. - Applicability of park and recreation facility dedications and fees.

(a)

As a condition of the subdivision of land, the subdivider shall dedicate land and/or pay a fee for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Section 66477 of the Government Code.

(b)

If the proposed subdivision contains fifty parcels or less, the subdivider shall not be required to dedicate any land for park or recreational purposes without their consent but shall pay a fee in accordance with section 21-105 of this ordinance.

(c)

No final subdivision map shall be deemed approved unless and until the appropriate park and 'recreation dedications and/or fees have been paid to the county, or unless and until the appropriate park and recreation dedications and/or fees for the subdivision have been exempted, adjusted or reduced as provided by sections 21-104, 21-109 or 21-110 of this ordinance.

(Ord. No. 4317, § 1)