110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section CZ#A314-29(C)(1))

110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels: an in lieu fee shall be provided consistent with the provisions of subsection 313-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of land dedication and in lieu fee payment to satisfy this requirement. (Former Section CZ#A314-29(C)(2))

110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such a parcel map subdivision providing that, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such a permit. (Former Section CZ#A314-29(C)(3))

110.1.6.1Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection 313-110.1.4. The “fair market value” shall be determined at the time of filing the Tentative Map or Tentative Parcel Map.

110.1.6.2If the subdivider objects to the fair market value determination, he may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser, who is mutually acceptable to the County for the purpose of determining the fair market value. It is the obligation of the developer to determine the acceptability of the appraiser to the County before incurring any appraisal expense. (Former Section CZ#A314-29(F))

110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section CZ#A314-29(F); Added by Ord. 2167, Sec. 29, 4/7/98)

110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)

110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)

110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)

110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, or instead desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area of land proposed for dedication shall be designated on the subdivision map as submitted. (Former Section CZ#A314-29(G)(1))

110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer (see, Chapter 2, Section 312-9, Public Hearing Requirements, which specifies the Hearing Officer for various types of cases) shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. (Former Section CZ#A314-29(G)(2))

110.1.8.3The Hearing Officer, may approve of the offer of land dedication, or elect to recommend that a payment of a fee in lieu thereof be required, or that a combination of both be required. In making this determination the Hearing Officer shall consider the following: (Former Section CZ#A314-29(G)(3))

110.1.9.1Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section CZ#A314-29(H)(1))

110.1.9.2The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section CZ#A314-29(H)(2))

110.1.9.3The use of private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which covenant cannot be defeated or eliminated without the consent of the County or its successor; (Former Section CZ#A314-29(H)(3))

110.1.9.4The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section CZ#A314-29(H)(4))

110.1.9.5The facilities proposed for the open space area are in substantial conformance with the provisions of the Humboldt County General Plan. (Former Section CZ#A314-29(H)(5))

Before credit is given, the Planning Commission shall make findings that the standards in this section are met. (Former Section CZ#A314-29(H))