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parcel map pursuant to section 21-15.6 of the County Code, and shall be held until such time as the map is recorded, withdrawn by the subdivider, or the time for recordation expires.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 If the parcel or final map is withdrawn or the time for recordation expires, the funds shall be returned without interest to the subdivider.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)