8208-8 - Fees.

As a condition of approval of the final map or as a condition of the issuance of a building permit, the property owner may be required to pay fees or other considerations in lieu thereof pursuant to this Section and Government Code section 66484 in order to defray the actual or estimated costs of constructing bridges over waterways, railways, freeways, and canyons for which bridge crossings are required by the transportation or flood control provisions of the General Plan, and of constructing thoroughfares identified in the Circulation Element or equivalent element of the General Plan.

(Ord. No. 4566, § 1, 6-16-2020)

In accordance with all requirements of Government Code section 66484, the boundaries of the area of benefit, the actual or estimated costs of construction, fee apportionment, and a fair method of allocation of costs to the area of benefit shall be established at a public hearing held by the Board of Supervisors. The public hearing shall be noticed pursuant to Section 8215-1 of this Chapter, provided that the notice shall also include preliminary information related to the boundaries of the area of benefit, estimated cost, and the method of fee apportionment.

(Ord. No. 4566, § 1, 6-16-2020)

Payment of fees for thoroughfares shall not be required unless the thoroughfares are in addition to, or a reconstruction of, any existing thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(Ord. No. 4566, § 1, 6-16-2020)

Payment of fees shall not be required for a planned bridge facility unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit, nor shall any such fees be expended to reimburse the cost of existing bridge facility construction.

(Ord. No. 4566, § 1, 6-16-2020)

a.

Written protests to the establishment of any proposed area of benefit for any particular improvement under Section 8208-8.1 of this Chapter and Government Code section 66484 may be filed with the Clerk of the Board by the owners of real property within the proposed area of benefit at any time prior to the close of the required public hearing. If such written protests are filed by the owners of more than one-half (½) of the area of the property to be benefitted by an improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (½) of that to be benefitted, then the proposed proceedings shall be abandoned, and the Board of Supervisors shall not, for one (1) year from the filing of that written protest, commence, or carry on any proceedings for the same improvement or acquisition under the provisions of Section 8208-8.1 of this Chapter and Government Code section 66484.

b.

Nothing in this Section shall preclude the processing and recordation of maps in accordance with other provisions of this Chapter and the Subdivision Map Act if proceedings are abandoned.

c.

Any protests may be withdrawn in writing by the property owner making the same at any time prior to the conclusion of the required public hearing.

d.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of Section 8208-8.1 of this Chapter and Government Code section 66484 to construct that portion of the improvement so protested against shall be barred for a period of one (1) year, but the Board of Supervisors shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this Section 8208-8.1.4 shall prohibit the Board of Supervisors, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths ( ⅘ ) of its members, that the owners of more than one-half (½) of the area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition.

(Ord. No. 4566, § 1, 6-16-2020)

A fund shall be established for each planned bridge facility project or each planned thoroughfare project. Fees paid pursuant to this Section shall be deposited in the appropriate fund. If the benefit area is one in which more than one (1) bridge or thoroughfare is required to be constructed, a fund may be established covering all bridge and thoroughfare projects in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement or improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the County for the cost of constructing the improvement or improvements.

(Ord. No. 4566, § 1, 6-16-2020)

In addition to those powers and obligations specifically set forth in Sections 8208-8.1 through 8208-8.1.5 of this Chapter, the County and the property owner shall have all of the respective powers and obligations set forth in Government Code section 66484.

(Ord. No. 4566, § 1, 6-16-2020)

As a condition of approval of any subdivision, the tentative map for which is filed no sooner than thirty (30) days after the adoption of any applicable drainage or sanitary sewer plan for a particular drainage or sanitary sewer area, the subdivider may be required to pay fees or consideration in lieu thereof for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas pursuant to the provisions of and subject to the conditions, powers and obligations set forth in Government Code section 66483.

(Ord. No. 4566, § 1, 6-16-2020)

This Section and Sections 8208-8.3.1 through 8208-8.3.12 of this Chapter are enacted pursuant to Government Code section 66477 and collectively shall be known as the "Quimby Ordinance." Where reference

is made within this Quimby Ordinance to the "appropriate Park District" it shall mean the legally created and constituted park and recreation district which services the area within which the proposed subdivision is located or, where such district either does not exist or fails to exercise its authority pursuant to this Quimby Ordinance, the Ventura County General Services Agency.

(Ord. No. 4566, § 1, 6-16-2020)

a.

As a condition of the approval for a subdivision of land, the subdivider shall dedicate land, or dedicate and improve land pursuant to Government Code section 66477(a)(9), or pay a fee in lieu thereof, or do a combination thereof, for the purpose of providing park and recreational facilities to serve the future inhabitants of the proposed subdivision. This requirement shall apply to all subdivisions except those which:

1.

Are exempted by Government Code section 66477; or

2.

Are a redivision of four (4) or less existing contiguous lots which does not result in the creation of a greater number of lots than existed immediately prior to such redivision; or

3.

Will not result in the creation of any lot which, under the zoning ordinances applicable at the time the tentative map is approved, could be developed without the prior issuance of a planned development permit or other discretionary entitlement so as to increase the total number of dwelling units on such lot; provided, however, that this exemption shall not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is less than five (5) years old.

b.

If a proposed subdivision contains fifty (50) or fewer lots (or, in the case of a condominium project, stock cooperative, or community apartment project, contains fifty (50) or fewer dwelling units), the subdivider shall, in lieu of dedicating land for park and recreational purposes, pay a fee equal to one hundred twenty-five (125) percent of the fair market value of park land which would otherwise be dedicated as determined in accordance with the provisions of this Quimby Ordinance. However, nothing in this Section shall prohibit the dedication and acceptance of land for park and recreational purposes with respect to subdivisions containing fifty (50) or less lots or dwelling units where the subdivider proposes such dedication voluntarily and the Board of Supervisors finds that such dedication is in the best interest of the County and has a value at least as great as the fee which would otherwise be paid.

(Ord. No. 4566, § 1, 6-16-2020)

It is hereby found and determined that the amount of existing recreational and community park area exceeds five (5) acres of property for each one thousand (1,000) persons residing in unincorporated Ventura County.

Therefore, in accordance with Government Code section 66477, each subdivider shall dedicate land or pay an in-lieu fee, in order to provide five (5) acres of park area per one thousand (1,000) persons residing in the proposed subdivision exclusive of and in addition to:

a.

School lands in use cooperatively for recreational purposes; and

b.

Land purchased and/or developed for the purpose of use as regional park facilities (as defined in the General Plan).

(Ord. No. 4566, § 1, 6-16-2020)

The amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined on the basis of the approved tentative map or parcel map and the average number of persons per household. The average number of persons per household by units in a structure is the same as that disclosed by the most recent available federal census. (According to the 2010 Federal Census, the average number of persons per household is 3.09 individuals.)

(Ord. No. 4566, § 1, 6-16-2020)

The amount of usable land required to be dedicated by a subdivider for park and recreational purposes shall be determined pursuant to the following formula:

The number of net acres equal to the product of 0.005 multiplied by the total number of persons comprising the additional population expected to be generated by the proposed subdivision.

(Ord. No. 4566, § 1, 6-16-2020)

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 approval of said map to either provide or enter into a secured improvement agreement with the appropriate Park District to provide public improvements. Such improvements may include, but are not limited to, the following:

All required curbs, gutters, sidewalks, drainage facilities, fencing, street lighting, stop lights, street signs, matching pavement, and street trees to full County standards;

2.

Stub-in of all requested utility line services to the park facility;

3.

All standard improvements required by the appropriate Park District; and

4.

Initial on-site grading required for developing the park facility.

In lieu of providing or entering into an agreement to provide said improvements, with the approval of the appropriate Park District, the subdivider may pay a sum equal to twenty-five (25) percent of the fair market value of the dedicated land to cover the cost of said improvements.

b.

If the subdivider provides park and recreational improvements to the dedicated land, including, but not limited to, playground equipment, swimming or wading pools, tennis courts, picnic units, or sports facilities, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Article.

(Ord. No. 4566, § 1, 6-16-2020)

When a fee is to be paid in-lieu of land dedication, the amount of such fee shall be an amount equal to one hundred twenty-five (125) percent of the fair market value of the usable park land which would otherwise be required to be dedicated pursuant to Section 8208-8.3.4 of this Chapter. The fair market value of usable park land which would otherwise be required to be dedicated shall be the dollar amount equal to the product of the average fair market value per acre of all land within the subdivision having a slope of four (4) percent or less multiplied by the number of acres which would otherwise be required to be dedicated. The fair market value of land within a particular subdivision shall be determined at the request of the property owner, or his or her agent, prior to recordation of the final map or parcel map as follows:

a.

The appropriate Park District shall have an assessment prepared at the expense of the subdivider.

b.

In any case where the appropriate Park District and the subdivider are unable to agree upon the fair market value, the subdivider may, at his or her own expense, obtain an appraisal of the subject property by an impartial qualified real estate appraiser approved by the appropriate Park District. Said appraisal shall be considered in reaching a decision as to the fair market value. The decision of the appropriate Park District shall be final and conclusive.

(Ord. No. 4566, § 1, 6-16-2020)

a.

Where the appropriate Park District and the subdivider so agree, all or part of the fee imposed pursuant to this Quimby Ordinance, instead of being paid in cash, may be paid by making improvements of equivalent value to existing or projected parks either inside or outside of the subject subdivision. The estimated cost of such improvements shall be determined in accordance with Section 8208-0.2.8 of this Chapter. The estimated cost, less the ten (10) percent increment for contingencies, shall be deemed to be the value of such improvements for the purpose of offsetting the fee. Such improvements shall be provided for by an improvement agreement and improvement security meeting the requirements of Sections 8208-1 and 8208-2 of this Chapter.

b.

Where construction of dwelling units within the subdivision is subject to a planned development permit, and if the conditions of the final map or parcel map so provide, any fees required by this Quimby Ordinance may, at the option of the subdivider, be paid at the time of the issuance of a zoning clearance for such construction instead of being paid prior to recordation of the final map or parcel map. If more than one (1) zoning clearance will be required for construction of all of the dwelling units proposed for the subdivision, the fees shall be allocated pro rata amongst the various zoning clearances according to the relative additional population expected to be generated by the construction to which the zoning clearances pertain.

(Ord. No. 4566, § 1, 6-16-2020)

No credit shall be given for private open space in a subdivision except as provided in this Section. Where usable private open space 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 up to a maximum of fifty (50) percent of such private open space (or of the fair market value thereof) may be credited against the requirement of land dedication and improvement (or of payment of fees in lieu thereof) if the advisory agency, appeal board, or legislative body which acts last on the tentative map finds that it is in the public interest to do so, that the appropriate Park District consents to such substitution, and that all of the following standards are met:

a.

Yards, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Chapter and the Ventura County Building Code are not included in computing the amount of such private open space; and

b.

The private ownership and maintenance of the open space will be adequately provided for in writing; and

c.

The use of private open space will be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be

eliminated without the consent of the appropriate Park District; and

d.

The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, space, topography, geology, access, and the location of the private open space; and

e.

The facilities proposed for the private open space are in substantial compliance with the provisions of the General Plan and the requirements of the appropriate Park District.

(Ord. No. 4566, § 1, 6-16-2020)

The procedure for determining whether a subdivider is to dedicate, pay a fee in lieu thereof, or do a combination thereof, shall be as follows:

a.

At the time of filing a tentative map for approval, the subdivider of the property shall, as part of the filing, indicate whether the subdivider desires to dedicate land for park and recreational purposes, or whether the subdivider desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for such purposes, the subdivider shall propose the area thereof on the tentative map as submitted or, if the land lies outside of the subdivision, the subdivider shall submit a legal description of such land together with the tentative map.

b.

The appropriate Park District shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination of both. The dedication of land lying outside of the subdivision may be required only if the subdivider has indicated a desire to dedicate such land. In the event that a dedication of land is required, the appropriate Park District shall determine prior to approval of the tentative map the location of the land to be dedicated. In the event that in-lieu fees are to be required, the appropriate Park District shall determine prior to approval of the tentative map the amount of land for which in-lieu fees are to be accepted.

c.

When dedication of land is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and of Section 8208-8.3.10 of this Chapter. When fees are required, they shall be deposited with the appropriate Park District prior to recordation of the parcel map or final map, except as otherwise provided in Section 8208-8.3.7 of this Chapter. If a subdivision covered by a tentative map is recorded in phases, the in-lieu fees shall be allocated pro rata amongst the various phases according to the relative additional population expected to be generated by such phases. All fees so deposited shall be held until such time as the tentative map expires or is withdrawn, or until such time as the parcel map or final map is recorded. If the tentative map expires or is withdrawn, the fees so deposited shall be returned without interest to the subdivider. Open space covenants for private park or recreational facilities shall be approved by the appropriate Park District upon the advice of County Counsel prior to approval of the parcel map or final map and shall be recorded concurrently with the parcel map or final map.

d.

The determination whether to require the dedication of land, the payment of a fee in lieu thereof, or a combination of both, shall be made upon consideration of the following factors:

1.

The General Plan;

2.

The topography, geology, access, and location of the land available for dedication;

3.

The size and shape of the subdivision and the land available for dedication;

4.

The location of existing or proposed park sites and trails; and

5.

The desirability of developing the land proposed for dedication for park and recreational purposes as determined by review and a schematic site plan submitted by the subdivider.

e.

When improvements to dedicated land are required, the improvements shall be accomplished in accordance with the provisions of the Subdivision Map Act and Section 8208-8.3.5 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

Real property dedicated under the provisions of this Quimby Ordinance shall be conveyed by grant deed in fee simple absolute to the appropriate Park District by the subdivider free and clear of all encumbrances except those which will not interfere with use of the property for park and recreational purposes and which the applicable Park District agrees to accept. Required deeds shall be deposited prior to recordation of the parcel map or final map. If the subdivision covered by a tentative map is recorded in phases, said deeds covering all the land to be dedicated on account of such subdivision shall be so deposited prior to recordation of the parcel map or final map constituting the first phase. The deeds shall be held until such time as the tentative map expires or is withdrawn, or the parcel map or final map for the subdivision or the first phase thereof is recorded. If the tentative map expires or is withdrawn prior to recordation of the parcel map or final map for the subdivision, or the first phase thereof, the deeds shall be returned to the subdivider. The subdivider shall provide all fees and instruments required to convey the land plus title insurance in favor of the appropriate Park District in an amount equal to the value of the property being conveyed. In the event that, during the time between the dedication of land for park purposes and its development, circumstances arise which indicate that another site would be more suitable, the land may be sold upon the approval of the appropriate Park District and the Board of Supervisors with the resultant funds being used for the development or acquisition of a more suitable site.

(Ord. No. 4566, § 1, 6-16-2020)

Any fees collected pursuant to this Quimby Ordinance shall be committed within the time limits specified in Government Code section 66477(a)(6) or, if not so committed, shall be distributed as provided in said section.

(Ord. No. 4566, § 1, 6-16-2020)

The land and fees received under this Quimby Ordinance shall be used for the purpose of providing park and recreational facilities, and the amount and location of land to be dedicated and improvements to be made, the fees to be paid in lieu thereof, or any combination of dedication and fees shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision.

(Ord. No. 4566, § 1, 6-16-2020)