§ 6-460

This article shall be known and cited as the "Escondido park and recreation facilities development fee ordinance." The fees imposed pursuant to this article shall be known as "park fees."

(Ord. No. 89-15, § 1, 4-12-89)

• (a) The city has analyzed and updated the data, projections, and standards for park land and recreational facilities in a park and recreation facilities development fee for residential development, hereinafter the "park fee report."

• (b) The park fee report establishes that the current standard for park land for the city is three acres of parks, playgrounds and playfields per 1,000 population, which standard is currently being met.

• (c) The park fee report establishes appropriate standards for recreation facilities, including, but not limited to, parks, playgrounds, indoor recreation centers, swimming pools, softball fields, soccer fields, tennis courts, which standards are based upon the existing levels of service being provided to existing city residents.

• (d) The city has forecast population increases and resultant dwelling unit construction.

• (e) The city has established recreation improvement standards based upon maintaining the level of recreation service currently being provided to existing city residents.

• (f) Based upon park land and recreation facility service standards identified in the park fee report such additional residential development and attendant population growth will generate a need for the acquisition and improvement of park land and construction of the capital improvements projects for parks and recreation listed in the capital improvement plan for the city and in the park fee report.

• (g) The need for the additional park land and recreation improvements is directly attributable to the demand created by the projected population increase and has been distinguished from needs attributable to existing development, which are being met through existing funding sources.

• (h) A development fee on new residential development pursuant to a population-based standard will equitably apportion the cost of acquisition of park land and construction of recreation improvements to development generating the need for such land and improvements, based upon the number of persons per dwelling unit and the estimated number of dwelling units by type.

• (i) The purpose of the park fee is to assure the continued provision of park land and recreation improvements to new residents at the level of service standard presently existing in the city.

• (j) The facilities to be financed with the park fee revenues are identified in the capital improvement plan presented to the city council on March 22, 1989.

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City of Escondido, CA

ESCONDIDO CODE

§ 6-460.2

§ 6-460.5

• (k) Because park land and recreational facility standards are population-based, such park fees are imposed only on residential development.

• (l) The park land and recreation improvements to be provided will specifically benefit new residential development by assuring that such development will be served by necessary park land and recreation facilities within a reasonable distance and at appropriate service levels established by the city.

• (m) The amount of park fee per dwelling unit has been based upon the per person cost to the city of meeting the identified park land and recreational facility service standards.

• (n) The park fee will be utilized solely and exclusively for the acquisition of park land and the addition to or improvement of recreational facilities to serve new residential development.

• (o) Such park land and recreational facilities will be provided within a reasonable period of time from payment of the park fees.

• (p) After fully considering the documents referenced herein and the oral testimony and documentary evidence submitted at a duly noticed public hearing, the council hereby approves such documents and incorporates them herein and further finds that the park fee is in the best interest of the city, promotes and protects the health, safety and welfare of present and future residents of the city and assures that adequate park land and recreational facilities are provided to meet the additional demands created by new residential development in the city.

• (Ord. No. 89-15, § 1, 4-12-89)

A park fee is hereby imposed on new residential development for the purpose of assuring that the park land and recreational facility standards established by the city are met with respect to the additional needs created by such development.

(Ord. No. 89-15, § 1, 4-12-89)

For the purposes of this article, the following words and terms shall have the meanings stated herein, unless another meaning is plainly intended:

"Park fee" means a monetary exaction imposed as a condition of development approval in connection with a residential development project in order to fund and to assure the provisions of park land and recreation improvements needed to serve such development at established city service level standards within a reasonable period of time.

"Recreation improvement" means the construction of public facilities, including, but not limited to, soccer fields, softball fields, lighting, landscaping, tennis courts, indoor recreational space, swimming pools, and related facilities and improvements incidental thereto, and the expenditure of funds for the planning, design and engineering of such facilities and improvements and utility relocation ancillary thereto and designed to meet the city park land and recreation improvement needs related to projected residential development.

(Ord. No. 89-15, § 1, 4-12-89)

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City of Escondido, CA § 6-460.5

BUILDINGS AND BUILDING REGULATIONS

§ 6-460.10

All residential development shall be required to pay a park fee as provided by this article. (Ord. No. 89-15, § 1, 4-12-89)

The park fee to be imposed per dwelling unit, by type of residential development, shall be established by resolution of the city council and may be amended from time to time as set forth in section 6-444.4 of Article 17 of this chapter.

(Ord. No. 89-15, § 1, 4-12-89)

• (a) Prior to issuance of a building permit, the building director shall calculate the amount of the applicable park fee due, based on the fees then in effect, by determining the number and type of dwelling units in the proposed residential development project and multiplying same by the park fee amount per dwelling unit, by type, as established by city council resolution from time to time.

• (b) Any applicable park fee credit shall be determined pursuant to section 6-442, 6-445 or 6-446.

• (Ord. No. 89-15, § 1, 4-12-89; Ord. No. 89-48, § 1, 10-4-89; Ord. No. 89-52, § 4, 10-18-89; Ord. No. 92-40, § 3, 10-7-92; Ord. No. 2008-21(R), § 6, 10-22-08)

The building official shall be responsible for the collection of the park fee pursuant to section 6-438 of Article 17 of this chapter unless:

• (a) The applicant is entitled to a full credit pursuant to section 6-442 of Article 17 of this chapter; or

• (b) The applicant is exempt pursuant to section 6-444.3 of Article 17 of this chapter; or

• (c) The applicant has taken an appeal pursuant to section 6-444.2 of Article 17 of this chapter and a bond or other surety in the amount of the fee, as calculated by the building official, and approved by the city attorney, has been posted with the city.

• (Ord. No. 89-15, § 1, 4-12-89; Ord. No. 2012-12, § 5, 6-20-12)

The city hereby establishes a segregated park fee trust fund account, hereinafter "account," to which all park fees collected by the building director shall be deposited. The account shall be managed in accordance with the procedures and restrictions established in section 6-439 of Article 17 of this chapter.

(Ord. No. 89-15, § 1, 4-12-89)

• (a) Funds derived from payment of park fees pursuant to this chapter shall be imposed, collected, accounted for and expended in accordance with the procedures established in

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City of Escondido, CA § 6-460.10

ESCONDIDO CODE