§ 21.09.022. Choice and method of dedication of land and/or payment of fees.

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

(1)

At the time of filing an application for a tentative map, the divider as a part of filing shall indicate whether a dedication of property for park and recreational purposes is proposed, or whether payment of an in-lieu fee is proposed. If dedication of land is proposed, the area proposed shall be designated on the tentative map. If the property is located outside the boundaries of the proposed division, another map shall be submitted to the department of planning and building showing the location of the property to be dedicated.

(2)

If the divider is requesting credit for common open space pursuant to Section 21.09.020 of this chapter, the request for such credit must be submitted in writing at the time of filing the application, with a copy of such request submitted to the director of general services outlining the following:

a.

The acreage and average slope of the open space area being offered for park purposes;

b.

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

c.

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

(3)

When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and of Section 21.09.030 of this chapter. When fees are required, they shall be paid to the county treasurer prior to recordation of the tract or parcel map or prior to a finding waiving the requirement for a parcel map pursuant to Section 21.02.010(e) of this title and shall be held until such time as the map is recorded, withdrawn by the divider, or the time for recordation expires. If the parcel or tract map is withdrawn or the time for recordation expires, the funds shall be returned without interest to the divider.

(4)

Deeds and recorded covenants for private common open space approved pursuant to Section 21.09.020 of this chapter must be approved by the director of planning and building and county counsel prior to approval of the tentative map, and the divider shall make all conveyances of the parcels within the division subject to such deeds and recorded covenants.

(5)

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 review authority upon consideration of the following factors which are not deemed exclusive:

a.

The county general plan;

b.

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

c.

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

Except that for divisions of land of fifty parcels or less, the provisions of Section 21.09.010(2) of this chapter shall apply. In the event that a dedication of land is required, the location of the dedication shall be shown on the tentative map. In the event that fees are to be required, the amount shall be determined according to Section 21.09.018 of this chapter.

(Ord. 3086 § 1 (part), 2006: Ord. 2636 § 84 (part), 1993)