§ 8209-6.7. 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 50% 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 Code 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 Ventura County General Plan and the requirements of the appropriate Park District.