Santa Barbara County Municipal Code Div. 1 General Provisions

(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)

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)

(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)

(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)

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)

(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)

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)

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)

(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)

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)

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)

(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)

The director of county parks shall develop a schedule specifying how, when and where the county will use the land or fees (or both) to develop park and recreational facilities. Consideration shall be given to spending the funds in the neighborhoods where they are generated whenever possible. All fees collected under this ordinance shall be committed within five years of payment of said fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed without interest and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. No. 4317, § 1)

In cases where the county determines that park and recreational facilities to serve the subdivision should be or are provided by a local agency other than the county, the county may require that land be dedicated or fees be paid to such other local agency if the local agency agrees to accept the land or fees. In such an event, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the county and such local agency in accordance with the terms and conditions of this ordinance and such local agency shall develop the land or use the fees in the manner provided herein.

(Ord. No. 4317, § 1)

The land and fees received under the provisions of this ordinance shall be used only for the purpose of providing park and recreational facilities to serve the subdivision in accordance with the principles and standards contained in California law, the Santa Barbara County general plan, and administrative guidelines developed by the county parks department.

(Ord. No. 4317, § 1)

Each fee imposed by this ordinance shall be adjusted automatically on July 1st of each fiscal year, beginning on July 1, 1999, by a percentage equal to the appropriate Consumer Price Index (CPI) issued by the United States Department of Labor, Bureau of Labor, Consumer Price Index, or its successor or comparable index, for the preceding twelve months.

(Ord. No. 4317, § 1)

The amount of each fee established pursuant to this ordinance may be set and revised periodically by resolution of the board of supervisors. This ordinance shall be considered enabling and directive in this regard.

(Ord. No. 4317, § 1)

This ordinance supersedes County Ordinances No. 3339 and 3656.

(Ord. No. 4317, § 1)

If any section, phrase, sentence, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the remaining portions of this ordinance.

(Ord. No. 4317, § 1)

Pursuant to California Code Section 66017(a), this ordinance shall be in full force and in effect sixty days after the date of its adoption by the board of supervisors.

(Ord. No. 4317, § 1)

The clerk of the board is hereby authorized and directed to publish this ordinance by one insertion in the Santa Barbara News-Press, the Lompoc Record, the Santa Ynez Valley News, and the Santa Maria Times, and all other newspapers of general circulation within Santa Barbara County, within fifteen days of its adoption by the board of supervisors.

(Ord. No. 4317, § 1)