Sec. 21-104. - Exemptions.

The following will be exempted from park and recreation facility dedications and/or payment of fees referenced herein:

(a)

Commercial and industrial subdivisions;

(b)

Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 4317, § 1)

Sec. 21-105. - Amount of fee in lieu of land dedication.

(a)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the projected cost of acquiring and developing land for park and recreational purposes, the amount of land which would otherwise be required to be dedicated pursuant to section 21-106.

(b)

The board of supervisors shall from time to time, through resolution of the board, determine the current average cost of acquiring and developing one acre of land for park and recreational purposes within each of the recreation demand areas in the county. The subdivider shall pay a fee determined by multiplying such cost by the number of dwelling units in the proposed subdivision by 0.0128.

(c)

The amount of fee required in lieu of land dedication shall be based on the fee schedule in effect within each recreation demand area when the subdivider applies for land use clearance for subdivisions creating five or more parcels or records the parcel or final map for subdivisions creating four or fewer parcels.

(Ord. No. 4317, § 1)

Sec. 21-106. - Land dedication formula.

The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the dwelling units expected to be generated by the proposed subdivision and shall be computed on the basis of 0.0128 acres required per dwelling unit.

(Ord. No. 4317, § 1)

Sec. 21-107. - Choice and method of dedication of land and/or payment of fees.

The procedure for determining whether a subdivider is to dedicate land, pay a fee, or do both, shall be as follows:

(a)

At the time of filing a tentative map application for approvals, the subdivider of the property shall, as a part of his/her filing, indicate whether he/she desires to dedicate property for park and recreational purposes or

whether he/she desires to pay an in-lieu fee. If he/she desires to dedicate land for such purposes, he/she shall designate the area proposed on the tentative map, or if the property is located outside the boundaries of the proposed subdivision, on another map submitted to the department of planning and development.

(b)

If the subdivider desires credit for common open space pursuant to section 21-109, a written request for such must be submitted to the director of parks prior to tentative map approval outlining the following:

(1)

The acreage and percentage of slope of the open space being offered for park purposes; and,

(2)

A detailed description of on-site recreational amenities being proposed, detailing the location of said facilities within the subdivision; and,

(3)

The proposed form of ownership and method of maintenance of the open space and facilities.

(c)

The board of supervisors or the planning commission shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination of both, except that for subdivision of fifty parcels or less, the provisions of section 21-103(b) shall apply. In the event that a dedication of land is required, the amount shall be determined according to section 21-106.

(d)

When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and of section 21-110. When fees are required for a subdivision creating four or fewer parcels, they shall be paid to the county park department prior to recordation of the final or parcel map or prior to a finding waiving the parcel map pursuant to section 21-15.6 of the County Code, and shall be held until such time as the map is recorded, withdrawn by the subdivider, or the time for recordation expires. When fees are required for a subdivision creating five or more parcels, they shall be paid prior to the issuance of a land use permit or coastal development permit, as applicable, for each parcel, respectively. If the parcel or final map is withdrawn or the time for recordation expires, the funds shall be returned without interest to the subdivider.

(e)

Deeds and recorded covenants for private common open space approved pursuant to section 21-109 must be approved by the county counsel prior to the approval of the parcel or final map, and the subdivider shall make all conveyances of the parcels within the subdivision subject to such deeds and recorded covenants.

(f)

The determination whether to require a dedication of land, the payment of a fee in lieu thereof, or a combination of both, shall be made by the board of supervisors or the planning commission upon consideration of the following factors which are not deemed exclusive:

(1)

The recreation element of the Santa Barbara County general plan and adopted community plans; and

(2)

Site development factors such as the topography, environmental suitability, access and location of the land in the subdivision available for dedication; the size and shape of the subdivision and the land available for dedication; the location of existing or proposed park sites and trailways; and

(3)

The desirability of developing the land proposed for dedication for park and recreational purposes; and

(4)

The recommendation of the Santa Barbara County park commission and county park department.

(Ord. No. 4317, § 1)

Sec. 21-108. - Improvements to land dedicated for park and recreational purposes.

(a)

The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements which may be imposed by the county upon the subdivider. The subdivider may, at the time of approval of the tentative map, be required by condition of said map to provide such public improvements as are deemed necessary by the county to develop the park and recreational facility. Such improvements may include, without limitation, curbs, gutters, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees, or other recreational improvements such as trails.

(b)

If the subdivider provides park and recreational improvements to the dedicated land, including without limitation playground equipment, swimming or wading pools, tennis courts, picnic units, or sport facilities, the value of the improvements located thereon shall be a credit against the payment of fees or dedication of land required by this ordinance.

(Ord. No. 4317, § 1)

Sec. 21-109. - Credit for recreational improvements within common open space.

Where usable recreational improvements within common open space as defined in the applicable zoning ordinance for park and recreational purposes 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 based on approved Quimby and development fee credit schedule, not to exceed fifty percent, may be given against the

requirement of land dedication or payment of fees in lieu thereof if the planning commission or board of supervisors finds that it is in the public interest to do so, and that all of the following standards are met:

(a)

That yards, setbacks and other open areas required by the zoning and building ordinances, including areas credited against minimum lot sizes, shall not be included in computing the amount of such common open space; and,

(b)

That the private ownership and maintenance of the recreational improvements and open space shall be adequately provided for by deeds and recorded covenants in perpetuity; and,

(c)

That the use of common open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of the property within the subdivision and which cannot be eliminated without the consent of the county; and,

(d)

That the proposed common open space is reasonably adaptable for use for park and recreational purposes as determined by the county; and,

(e)

That the recreational improvements and open space for which credit is given will meet the needs of the future residents of the subdivision, specifically those defined as being deficient by the recreation element of the comprehensive plan for the area in which the project is to be located or, alternatively, that the land and/or facilities offered provide a special recreational benefit to the subdivision not otherwise provided in available park and recreational facilities.

(Ord. No. 4317, § 1)

Sec. 21-110. - Conveyance of land.

Real property conveyed under the provisions of this ordinance shall be conveyed by grant deed in fee simple absolute to the county by the subdivider free and clear of all encumbrances except those which in county's opinion, will not interfere with use of property for park and recreational purposes and which the county agrees to accept. Required deeds shall be deposited with the county prior to recordation of the parcel or final map. The deeds shall be held by the county until such time as the parcel or final map is recorded, withdrawn by the subdivider, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land plus title insurance in favor of the county in an amount equal to the value of the property being conveyed.

(Ord. No. 4317, § 1)

Sec. 21-111. - Fee account.

(a)

Upon receipt of a Quimby fee subject to this ordinance, the county shall deposit, invest, account for and expend the Quimby fees pursuant to California Government Code Section 66006.

(b)

Quimby fees paid shall be held by the park department in a separate Quimby fee account for each recreation demand area to be expended for the purpose for which they were collected. The park department shall retain all interest earned on the fees in such accounts and shall allocate the interest to the accounts for which the original fee was imposed.

(Ord. No. 4317, § 1)