Article 8 — Improvements, Dedications, Reservations and Fees

8208-0 - Improvements.

Prior to recordation of a final map, or at such earlier time as may be specified in this Article, the subdivider shall complete, or shall enter into an improvement agreement to complete, all of the improvements specified in the conditions of approval of the tentative map and Sections 8208-0.1.1 through 8208-0.1.11 of this Chapter pursuant to Government Code section 66462. Improvements required by a parcel map shall be completed in accordance with Government Code section 66411.1. All such improvements shall be completed in accordance with any applicable provisions of the Ventura County Improvement Standards and Specifications and this Article. No improvements will be accepted by the County until all required fees have been paid. If the improvements are to be dedicated or offered for dedication to an entity other than the County, the subdivider shall enter into a separate subdivision improvement agreement with such entity or, if feasible, such entity may, at the discretion of the Public Works Director, be added as a party to the County's subdivision improvement agreement with the subdivider. Except as otherwise provided in this Chapter, grading and other improvements shall not begin until the tentative map has been approved and the Public Works Director has approved the corresponding improvement plans.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1 - Types of improvements. 8208-0.1.1 - Streets.

All street improvements and appurtenances including, but not limited to, pavements, sidewalks, curbs, gutters, structures, signs, fences, street lighting, traffic striping, and barricades within the subdivision shall be installed by the subdivider.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.2 - Drainage, erosion control, and stormwater quality.

Except where fees or other consideration are received pursuant to this Chapter in lieu of such improvements, all improvements for drainage, erosion control, and stormwater quality required for the proposed subdivision, regardless of location, including improvements necessary to prevent sedimentation or damage to off-site property, shall be installed in accordance with the improvement plans.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.3 - Sewage disposal and domestic water supply.

Except as otherwise provided in this Chapter, and except where fees or other consideration are received pursuant to this Chapter in lieu of such systems, sewage and permanent domestic water supply systems shall be installed in each proposed subdivision and connections thereto shall be made from each lot within the subdivision. The water supply shall be installed in accordance with the improvement plans and the Ventura County Waterworks Manual. Sewer lines shall be installed in accordance with the improvement plans. In cases where sewage disposal is not provided by a sewage agency, an individual sewage disposal system may be installed on a lot(s) if authorized pursuant to this Chapter, the Zoning Ordinances, and all other applicable laws and regulations.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.4 - Fire protection.

As a part of the water supply system installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, connections, and other fire protection facilities deemed necessary by the Ventura County Fire Protection District to provide adequate fire protection to the proposed subdivision.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.5 - Underground utilities.

Except as otherwise provided in this Chapter, all utility facilities including, but not limited to, electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground and all utility facilities including service laterals shall be installed in the ground prior to the paving of streets. The Public Works Director may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances so warrant. Certain utility appurtenances including, but not limited to, transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities, which cannot be placed underground without unreasonable expense, may be placed on the surface of the ground as approved by the Public Works Director. All necessary arrangements for the installation of utilities shall be made with the utility systems operator of each proposed subdivision pursuant to this Section. This Section shall not apply to utility lines carrying thirty-three (33) kilovolts or more. At the time of approval of the tentative map, the advisory agency may modify this requirement for all or part of a subdivision where it would cause unreasonable hardship. Factors the advisory agency shall use in determining whether this requirement should be modified are:

a.

Steep topography of all or part of the subdivision where the utility lines are required to be located;

b.

Soil types which would make trenching difficult;

c.

The extent to which the facilities would be visible from public roads or other lots if they were not underground;

d.

Due to the large size of the lots the lines would be economically infeasible to underground; and

e.

Other physical features, such as high groundwater table or large outcroppings of boulders along most of the feasible route, which would make trenching difficult.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.6 - Street name and traffic signs.

Naming of streets within a proposed subdivision shall be approved by the Ventura County Fire Protection District. Street name signs shall be installed at all intersections within the subdivision. Traffic control devices and signs shall be installed at all locations within the subdivision specified by the Public Works Director. All traffic control devices and signs shall conform to all applicable laws and regulations.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.7 - Barricades.

Barricades shall be constructed at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.8 - Underground openings.

All underground pipes and openings encountered during construction of any improvements in the subdivision shall be removed or sealed in a manner satisfactory to the Public Works Agency.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.9 - Oil and gas wells.

All oil and gas wells, including abandoned wells, within the proposed subdivision shall be re-evaluated by the California Geologic Energy Management Division. All wells which have been abandoned or which are required to be abandoned, shall be abandoned in a

manner approved by the California Geologic Energy Management Division and documentation verifying said abandonment shall be submitted with the final map or parcel map. All wells, including abandoned wells, shall be delineated on an additional map sheet of the final map or parcel map. Any improvements and/or deed restrictions limiting use of the subject area as deemed reasonably necessary to prevent injury to persons or property shall be constructed and/or recorded.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.10 - Water wells.

All abandoned water wells within the proposed subdivision shall either be destroyed or be retained subject to a certificate of exemption pursuant to Chapter 8, Article 1 (commencing with Section 4811) of Division 4 of the Ventura County Municipal Code. All water wells that are not destroyed shall be shown on an additional map sheet of the final map or parcel map.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.1.11 - Monuments.

a.

At the time of making the survey for the final map or parcel map, unless a survey is not required by either the Subdivision Map Act or this Chapter, the engineer or surveyor shall set sufficient durable monuments to conform to the standards prescribed in section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

b.

A minimum of one (1) exterior boundary line of the parent parcel shall be monumented or referenced before the final map or parcel map is recorded. Interior and all other monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before twelve (12) months following recordation of the final map or parcel map, and if the subdivider provides to the Public Works Director a monument security guaranteeing the payment of the cost of setting such monuments.

The monuments shall be set as follows:

Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately one thousand (1,000) feet apart, or at such lesser distances as may be necessary due to topography in order to ensure accuracy in reestablishment of any point or line without unreasonable difficulty.

Centerline monuments shall be set to mark the intersections of all roads, streets, alleys, or ways. Centerline monuments shall also be set to mark either the beginning or end of curves or the points of intersection of tangents thereof.

Corner monuments shall be set at or near each corner; provided, however, that the County Surveyor may waive the requirements of this subsection (3) with respect to such corner monuments as he or she may deem unnecessary.

c.

All exterior boundary monuments set shall either be of new galvanized iron pipe not less than one and one-half (1½) inches inside diameter and 18 inches long or shall be of such other type and dimensions as may be approved by the County Surveyor.

d.

All lot corner monuments shall be of a new galvanized iron pipe not less than one-half-inch inside diameter and fifteen (15) inches long, or be leads and tacks, or be steel pins.

e.

Centerline monuments shall be of new galvanized iron pipe not less than one and one-half (1½) inches inside diameter and fifteen (15) inches long.

f.

At locations designated by the County Surveyor, not exceeding four (4) per one hundred (100) lots or fraction thereof, monuments constructed to the requirements of the Ventura County Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this Section.

g.

All monuments set shall be permanently marked or tagged with the surveyor's or engineer's certificate number.

8208-0.2 - Improvement plans.

The subdivider's engineer shall prepare plans and specifications for improvements required for the proposed subdivision by this Chapter and the Subdivision Map Act.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.1 - Submittal.

Improvement plans shall be submitted to the Public Works Director before or at the same time as the subdivision improvement agreement to which they relate or, if the work is to be initiated before execution of a subdivision improvement agreement, before the commencement of the work. Improvement plans shall not be submitted until the tentative map has been approved.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.2 - Approval.

The Public Works Director shall review improvement plans duly submitted to him or her. He or she shall approve and sign them if they fully comply with the requirements of the Subdivision Map Act and this Chapter, and substantially comply with the tentative map and conditions of approval thereto. Any changes from data shown on the tentative map relative to street and storm drains shall be supported by an engineering report and will not be allowed unless the change is approved by the Public Works Director.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.3 - Preparation.

Improvement plans shall be prepared according to good engineering practice under the direction of, and shall be signed by, a civil engineer registered by the State of California. Improvement plans shall be printed or drawn clearly and legibly or reproduced by a process which results in a permanent record which will permit direct reproductions. Each sheet shall be twenty-two (22) inches vertically by thirty-four (34) inches horizontally for improvements required by the Ventura County Watershed Protection District, and twenty-four (24) inches vertically by thirty-six (36) inches horizontally for all other improvements. Each sheet shall have a marginal line drawn completely around it, leaving an entirely blank margin of one and one-half (1½) inches on the left-hand side and one-half (½) inch on the other three sides. If the improvement plans include five (5) or more sheets, a key map showing the streets and the area covered by each sheet of the plan shall be included on the first sheet of the plans.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.4 - Grading plans.

Improvement plans shall also include a complete set of grading plans. Grading plans shall be on sheets separate from the improvement plans and shall contain a title block and have a graphical scale in addition to a numerical scale. The grading plans shall be submitted on sheets twenty-four (24) inches vertically by thirty-six (36) inches horizontally. The grading plans shall be done in accordance with the Ventura County Building Code Appendix J, as may be amended.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.5 - Scale.

Improvement and grading plans shall be legible and drawn to a horizontal scale of one (1) inch equals forty (40) feet. A vertical scale of one (1) inch equals four (4) feet shall be used on street and pipe profiles. Different scales may be used with approval of the Public Works Director.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.6 - Contents.

Improvement plans shall show the complete plans, profiles, and details for all improvements to be placed in a proposed subdivision including, but not limited to, all street work, drainage channels, and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, retaining walls, or other improvements to support cut slopes and embankments, bridges if constructed in conjunction with subdivision improvements, the location of underground utilities not within the right-of-way which may control the location and elevations of storm drains and culverts, the location of fire hydrants, curbs, gutters, and sidewalks, fences that may be required, gates, structures, and drainage facilities necessary to control slides, other improvements which may be required to complete the work, and conditions beyond the subdivision boundaries which affect the integrity of the proposed improvements.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.7 - Changes.

No change shall be made to the improvement plans for the subdivision without prior approval of the Public Works Director. All changes approved by the Public Works Director shall comply with the requirements of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8208-0.2.8 - Cost estimate.

An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider and shall accompany the improvement plans each time they are submitted. Cost estimates shall include line items of all key components and a separate item for contingencies in the amount of ten (10) percent of the estimated actual cost. The cost of relocating existing utilities and appurtenances should also be included. Upon consideration of the estimate submitted by the subdivider, the Public Works Director shall approve the estimated cost for the improvements of the proposed subdivision.

(Ord. No. 4566, § 1, 6-16-2020)

8208-1 - Subdivision improvement agreement.

a.

The subdivision improvement agreement shall be submitted to the Public Works Director who is authorized to enter into and approve said agreement on behalf of the County, in accordance with Government Code section 66462(d) at the time a final map or parcel map is submitted pursuant to Section 8206-2 of this Chapter, unless all the improvements required for the subdivision have already been completed and approved. The Public Works Director's action on the subdivision improvement agreement may be appealed to the Board of Supervisors in the manner set forth in Article 16 of this Chapter.

b.

The subdivision improvement agreement shall be in a form approved by the Public Works Director and shall be signed by the property owner and by every party whose written consent to the subdivision is required by Government Code sections 66436 and 66445(e), and shall bind each signatory to complete the on-site and off-site improvements required for the subdivision by this Chapter and the Subdivision Map Act within a reasonable time specified therein.

c.

The subdivision improvement agreement shall incorporate by reference the improvement plans required by Section 8208-0.2 of this Chapter or as otherwise required by the Subdivision Map Act.

d.

The Board of Supervisors shall periodically review the delegation of authority to the Public Works Director to enter into and approve subdivision improvement agreements on behalf of the County.

(Ord. No. 4566, § 1, 6-16-2020)

8208-2 - Improvement security. 8208-2.1 - Requirement of improvement security.

Any subdivision improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Chapter, shall be secured in the manner and amounts provided in the Subdivision Map Act and this Article. An improvement security shall be posted both to secure the faithful performance of each improvement agreement and to secure payment by the subdivider to the contractor and his or her subcontractors and to persons renting equipment or furnishing labor or materials to them in connection with the performance of such improvement agreement. No final map or parcel map shall be approved until the required security has been received and approved by the Public Works Director.

(Ord. No. 4566, § 1, 6-16-2020)

8208-2.2 - Type of improvement security.

The improvement security may, at the option of the subdivider, be any one of the types specified in Government Code sections 66499(a)(1), 66499(a)(2), and 66499(a)(3).

(Ord. No. 4566, § 1, 6-16-2020)

8208-2.3 - Amount of improvement security. 8208-2.3.1 - Bond security amount.

If the improvement security is in the form of bonds, the bond securing faithful performance shall be in an amount equal to the estimated cost, as approved by the Public Works Director, of the improvements or the act to be performed, and the bond for the security of laborers and material suppliers shall also be in an amount equal to such estimated cost of the improvements or the act to be performed.

(Ord. No. 4566, § 1, 6-16-2020)

8208-2.3.2 - Non-bond security amount.

If the improvement security is in some form other than bonds, the total amount of such security for both faithful performance and for laborers and material suppliers shall be in an amount equal to one hundred fifty (150) percent of the estimated cost of the improvements or act to be performed, and at the option of the Public Works Director any fraction ranging from one-third (⅓) to two- thirds (⅔) of the total amount of such security may be applied to secure faithful performance and the balance may be applied to secure laborers and materialmen.

(Ord. No. 4566, § 1, 6-16-2020)

8208-3 - Time extensions for improvements.

If the improvements cannot be completed by the expiration date specified in the subdivision improvements agreement, the subdivider shall file a written request to the Public Works Director for a time extension and shall pay the time extension fees prescribed by the Board of Supervisors before such expiration date. The Public Works Director may grant or deny such extension as the circumstances warrant.

(Ord. No. 4566, § 1, 6-16-2020)

8208-4 - Warranty security.

a.

All improvements, except monuments, required for a subdivision by this Chapter or the Subdivision Map Act shall be guaranteed by the subdivider for a 12-month warranty period following final acceptance of all improvements of the subdivision. The warranty shall extend only to such replacement and/or repair as may be required during the warranty period in excess of routine maintenance for ordinary wear and tear.

b.

A warranty security guaranteeing such replacement and/or repair in an amount of at least ten (10) percent of the estimated cost of the improvements, except monuments, shall be posted with the County prior to the release of any improvement security pertaining to those improvements pursuant to Section 8208-2.3 above. The amount of the warranty security in no way limits the subdivider's guarantee as required by this Section. The replacement and/or repair shall be completed promptly following notification by the Public Works Director of the need for such work.

c.

In the event the subdivider fails to maintain, repair, replace, or reconstruct the work to the satisfaction of the Public Works Director, the warranty security shall be obligated for the payment of all necessary costs and expenses that may be incurred or expended by the County in causing any or all repair, replacement, reconstruction, or maintenance of the work which is discovered or may be necessary during the 12-month warranty period.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5 - Completion of improvements and release of security. 8208-5.1 - Record drawings.

At the time of completion of the improvements required pursuant to this Chapter or the Subdivision Map Act, and as a condition to release the improvement security, the subdivider shall submit to the Public Works Director one (1) set of record drawings of the improvement plans which have been modified to reflect any changes in the improvements made during construction. The subdivider's engineer shall certify that all improvement work has been constructed in accordance with the plans and specifications.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.2 - Monument corner records.

At the time of the setting of the monuments required pursuant to this Chapter or the Subdivision Map Act, and as a condition to release the monument security as set forth in Section 8208-5.3.3 of this Chapter, the subdivider shall submit to the County Surveyor, in a form satisfactory to the County Surveyor, corner records showing proper ties to the location of the centerline monuments. A minimum of four (4) such ties shall be shown for each centerline monument.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.3 - Manner of release of security.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.3.1 - Release of improvement security.

After full and faithful performance of the improvement agreement by the subdivider, and after acceptance by the Public Works Director of the warranty security pursuant to Section 8208-4 of this Chapter and compliance by the subdivider with the provisions of Sections 8208-5.1 and 8208-5.2 of this Chapter, the Public Works Director shall release the improvement security posted to secure faithful performance of the improvement agreement.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.3.2 - Partial release of improvement security.

a.

Upon written request of the subdivider, the Public Works Director may at his or her discretion reduce the amount of the improvement security by partial release in an amount not exceeding fifty (50) percent of the total estimated cost of improvements of the subdivision when a corresponding percentage amount of the improvements has been fully completed to the satisfaction of the Public Works Director. The reduced security shall be sufficient to cover the estimated cost of unfinished improvement work, possible damage to completed work which may occur prior to completion of all required improvements, the amount of material and labor security for work which has not been completed, and any reasonable expenses and fees including attorney and expert fees, incurred in enforcing the obligation secured.

b.

In no circumstances shall such partial release constitute acceptance of the improvements upon which such partial release is granted.

c.

All security posted to secure laborers and materialmen will be released pursuant to Government Code section 66499.7(b).

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.3.3 - Release of monument security.

After the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the County Surveyor that the final monuments have been set. The monument security as required by Section 8208-0.1.11(b) of this Chapter shall be released upon satisfactory completion of the monumenting work pursuant to Government Code section 66497, and a monument inspection conducted by the County Surveyor.

(Ord. No. 4566, § 1, 6-16-2020)

8208-5.3.4 - Release of warranty security.

The warranty security shall only be released upon satisfactory completion of the warranty period provided:

a.

All deficiencies appearing on the deficiency list for the subdivision have been corrected;

b.

Not less than twelve (12) months have elapsed since the final acceptance of the improvements by the County or the filing of the notice of completion by the subdivider, whichever is later.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6 - Dedications.

At the time of or prior to recordation of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer to dedicate all lots or other areas of land and all rights-of-way within the subdivision which are required for streets, alleys, flood control, drainage, public utility easements, or other public easements, together with such access rights and abutter's rights as may be required for public purposes. Such dedications or offers shall comply with all applicable provisions of Sections 8208-6.1 through 8208-6.2.7 of this Chapter and the Subdivision Map Act.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.1 - Dedications for school purposes.

Any subdivider who has owned the land being subdivided for ten (10) years or less prior to the filing of the tentative map and is developing or completing the development of one (1) or more subdivisions in one (1) or more school districts maintaining an elementary school shall be required to dedicate to the school district, or districts, within which such subdivisions are to be located, such land as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to ensure adequate public school service for the residents of the subdivision. This requirement of dedication shall be imposed at the time of approval of the tentative map, and the County, school district(s), and subdivider(s) affected shall have all of the respective powers and obligations set forth in Government Code section 66478 with respect to such dedications.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2 - Dedication of land and easements for public use.

All title, rights, and easements specified in Sections 8208-6.2.1 through 8208-6.2.4 of this Chapter shall be dedicated or offered for dedication to the County of Ventura or other appropriate public agency not later than the time the final map or parcel map is filed for approval.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.1 - Flood control channels.

All rights-of-way required by Section 8205-5.2.3 of this Chapter with respect to channels included in the Ventura County Watershed Protection District Comprehensive Plan for Flood Control shall be offered for dedication to the Ventura County Watershed Protection District. All rights-of-way required by this Chapter to be offered for dedication to the Ventura County Watershed Protection District shall be a fee simple interest unless the District has granted prior approval for a lesser interest to be offered. All rights-of-way offered for dedication pursuant to this Section shall be free of all liens, encumbrances, assessments, leases, and easements. The County Surveyor may approve an offer of dedication wherein certain easements remain prior, in whole or part, to the rights being offered to the County. However, such approval shall be given only when unusual circumstances warrant and the easements which remain prior do not substantially interfere with proper use of the rights being offered to the County. All rights-of-way offered for dedication to the district as a fee simple interest shall be shown as Parcel "X" on the final map or parcel map.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.2 - Private street easements.

Easements allowing all governmental agencies providing for public health, safety, and welfare access on all private streets or lanes serving as access for more than two (2) lots shall be dedicated or offered for dedication to the County of Ventura.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.3 - Public street easements and access.

Except as otherwise provided below in Section 8208-6.2.4, all easements for public streets, public pedestrian and bicycle paths, public walks, and public alleys shown on the final map or parcel map, and all rights of access to and from residential lots of the proposed subdivision abutting on controlled access roads shall be offered free and clear of any prior easements or rights-of-way, liens, and encumbrances for dedication to the County of Ventura. The rights of access to and from residential lots abutting on controlled access roads shall be such that owners of such lots shall have no rights whatsoever in such roads except in the general right of travel which belongs to the public at large. The County Surveyor may approve an offer of dedication wherein certain easements remain prior, in whole or part, to the rights being offered to the County. However, such approval shall be given only when unusual circumstances warrant and the easements which remain prior do not substantially interfere with proper use of the rights being offered to the County.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.4 - Other easements.

All other easements for public use required as a condition of approval of the tentative map for the proposed subdivision shall be offered for dedication to the County of Ventura or other appropriate agency.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.5 - Documentation.

All offers of dedication shall be made by certificate on the final or parcel map unless made by separate document with the approval of the County Surveyor.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.6 - Accept or reject offer of dedications for a final map.

a.

At the time the Board of Supervisors approves a final map pursuant to Government Code section 66458 and Section 8206-3(a) of this Chapter, the Board of Supervisors shall also accept, accept subject to improvement, or reject any offer of dedication pursuant to Government Code section 66477.1(a). The Clerk of the Board of Supervisors shall certify or state on the map the action by the Board of Supervisors.

b.

The Board of Supervisors may accept into the County road system, pursuant to section 941 of the Streets and Highways Code, any road for which an offer of dedication has been accepted or accepted subject to improvement.

(Ord. No. 4566, § 1, 6-16-2020)

8208-6.2.7 - Accept or reject offer of dedications for a parcel map.

a.

At the time the County Surveyor approves a parcel map pursuant to Government Code section 66463(b) and Section 8206-3(b) of this Chapter, the County Surveyor, acting on behalf of the Board of Supervisors, shall also accept, accept subject to improvement, or reject any offer of dedication that are made by a statement on the map.

b.

Whenever (1) drainage easements, (2) flowage easements, or (3) access to drainage facilities are offered for dedication to the Ventura County Watershed Protection District, the parcel map shall contain a certificate for execution by the Public Works Director, in his or her capacity as director of the Watershed Protection District, stating that he or she is acting on behalf of the Board of the Watershed Protection District and has accepted, accepted subject to improvement, or rejected the real property offered for dedication on its behalf.

(Ord. No. 4566, § 1, 6-16-2020)

8208-7 - Reservations for public uses.

As a condition of approval of any subdivision, the tentative map of which is filed subsequent to the adoption of a specific plan, area plan, or a General Plan Community Facilities Element, a General Plan Recreation and Parks Element or a General Plan Public Building Element, or the equivalent to any such element, containing definite principles and standards regarding the determination of need for and location of parks, recreational facilities, fire stations, libraries, or other public uses of land, the subdivider may be required to reserve areas of real property within the subdivision for such public uses pursuant to the provisions and subject to the powers and obligations set forth in Article 4 (commencing with section 66479) of Chapter 4 of the Government Code.

(Ord. No. 4566, § 1, 6-16-2020)

8208-8 - Fees. 8208-8.1 - Fees for bridges and thoroughfares.

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)

8208-8.1.1 - Public hearing.

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)

8208-8.1.2 - Fees for thoroughfares.

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)

8208-8.1.3 - Fees for bridges.

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)

8208-8.1.4 - Protests.

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)

8208-8.1.5 - Use of fees.

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)

8208-8.1.6 - Powers and obligations.

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)

8208-8.2 - Fees for drainage and sewer facilities.

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)

8208-8.3 - Fees and dedications for park and recreational facilities.

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)

8208-8.3.1 - Applicability.

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:

Are exempted by Government Code section 66477; or

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

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)

8208-8.3.2 - Relation of land required to population density.

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)

8208-8.3.3 - Additional population generated by subdivision.

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)

8208-8.3.4 - Land dedication formula.

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:

Average No. of Persons/Unit 1,000 Population = minimum acreage dedication

                            Park acreage standard of 5 acres (5/1,000 = 0.005)

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)

8208-8.3.5 - Improvements to land dedicated for park 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 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;

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

All standard improvements required by the appropriate Park District; and

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)

8208-8.3.6 - Amount of fee in lieu of land dedication.

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-

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)

8208-8.3.8 - Credit for private open space.

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)

8208-8.3.9 - Choice and method of dedication of land or payment of fees.

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:

The General Plan;

The topography, geology, access, and location of the land 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 trails; and

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)

8208-8.3.10 - Conveyance of land.

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)

8208-8.3.11 - Time of commitment of fees.

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)

8208-8.3.12 - Limitation on use of land and fees.

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)