§ 8209-6.8. Choice and method of dedication of land or payment of fees.

The procedure for determining whether a subdivider is to dedicate and improve land, pay a fee in lieu thereof, or do a combination of the two 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 he/she desires to dedicate land for park and recreational purposes or whether he/she desires to pay a fee in lieu thereof. If he/she desires to dedicate land for such purposes, he/she shall propose the area thereof on the tentative map as submitted or, if the land lies outside of the subdivision, he/she shall submit a legal description of such land together with the tentative map.

(b)

The appropriate Park District shall determine whether to require dedication and improvement 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 that he/she desires 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 8209-6.9. 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 8209-6.6. 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 All fees so deposited shall be held until such time as the tentative map expires or is withdrawn, or until such time as the parcel map or final map is recorded. If the tentative map expires or is withdrawn, the fees so deposited shall be returned without interest to the subdivider.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 must 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 and improvement of land, the payment of a fee in lieu thereof, or a combination of both, shall be made upon consideration of the following factors:

(1)

The Ventura County General Plan;

(2)

The topography, geology, access and location of the land available for dedication;

(3)

The size and shape of the subdivision and the land available for dedication;

(4)

The location of existing or proposed park sites and trailways; and

(5)

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.