Article 3 — PARK IMPACT FEES

SEC. 810.109. PARK IMPACT FEES PURPOSE.

The ordinance section codified in this article is enacted pursuant to the authority granted by California Government Code Sections 66000 et seq. (also known as the Mitigation Fee Act), which authorizes a county to require the payment of an impact fee to defray all or a portion of the cost of public facilities needed to accommodate the new residents of a development project as a condition of project approval.

(a) Park Land Acquisition Impact Fees collected pursuant to this Article are intended to fund the acquisition of park land which will mitigate impacts of new residential Developments without Subdivisions on park land within the unincorporated County pursuant to California Government Code Section 66000 et seq. as it exists or may be amended. (b) Park Improvement Impact Fees collected pursuant to this Article are intended to fund park improvements which will mitigate the impacts of new residential Developments with or without Subdivisions on parks and recreational facilities within the unincorporated County pursuant to California Government Code Section 66000 et seq. as it exists or may be amended.

(Added by Ord. No. 10554 (N.S.), effective 1-1-19)

SEC. 810.110. PARK IMPACT FEES FINDINGS.

With regard to the Park Land Acquisition Impact and Park Improvement Impact Fees (Park Impact Fees), the Board of Supervisors, consistent with the Mitigation Fee Act, finds and adopts each of the findings set forth in the Impact Fee Study, and further finds that:

(1) Purpose of Fee, Government Code § 66001(a)(1): Future residential development within the unincorporated portions of the County will require park land acquisition and construction of new park improvements and amenities and recreational facilities to mitigate for impacts on parks and recreational facilities. The Park Land Acquisition Impact Fee is solely for the purpose of acquiring new parkland to serve residents of Developments that do not involve the subdivision of land. The Park Improvement Impact Fee is solely for the purpose of constructing new park improvements and amenities or recreational facilities to serve residential Development with or without Subdivisions. (2) Use of Revenues, Government Code § 66001(a)(2): Park Impact Fees will not be used to address existing deficiencies attributable to prior development or to fund park operation and maintenance costs. Park Land Acquisition Impact Fee is hereby established on non-Subdivision residential Development within unincorporated portions of San Diego County to pay a proportionate share of future park land acquisition. The Park Land Acquisition Impact Fee authorized by this Article will be used only for defraying costs associated with acquiring park land needed to serve new Developments, and shall not exceed the estimated cost associated with acquiring new park land. The Park Improvement Impact Fee is hereby established on residential Development with or without Subdivisions within unincorporated portions of San Diego County to pay a proportionate share of constructing park improvements and recreational facilities. The Park Improvement Impact Fee authorized by this Article will be used only for defraying costs associated with constructing park improvements and recreational facilities needed to serve new residential development with or without Subdivisions, and shall not exceed the estimated costs associated with constructing new or improving existing park amenities and recreational facilities.

(3) Benefit Relationship, Government Code § 66001(a)(3): Future residential development will impact demand for and use of parks and recreational facilities in unincorporated portions of the County of San Diego. Park Impact Fees will be used to acquire park land, improve, develop and expand park and recreational amenities to satisfy increased demand and mitigate for impacts created by new residential Development with or without Subdivisions. Park Impact Fees are collected to ensure park acquisition and recreational improvements will serve the community that paid the fees. There is, accordingly, a reasonable relationship between the Park Impact Fees use and the type of Development or Subdivision project on which the fee is imposed.

sed demand and mitigate for impacts created by new residential Development with or without Subdivisions. Park Impact Fees are collected to ensure park acquisition and recreational improvements will serve the community that paid the fees. There is, accordingly, a reasonable relationship between the Park Impact Fees use and the type of Development or Subdivision project on which the fee is imposed.

(4) Burden Relationship, Government Code § 66001(a)(4): The Park Land Acquisition Impact Fee uses a formula that takes into consideration occupancy rates for three residential land use types (single family, multifamily, and accessory dwelling units), and land acquisition costs within Local Park Planning Areas in unincorporated County of San Diego to account for the park land acquisition needed to mitigate for impacts from residential Development without Subdivisions. The Park Improvement Impact Fee uses a formula that takes into consideration occupancy rates for three residential land use types (single family, multifamily, and accessory dwelling units), and park improvement costs within Local Park Planning Areas in unincorporated County of San Diego to account for park improvements needed to mitigate for residential Development with or without Subdivisions. In this way, there is a reasonable relationship between the need for the park and recreational facility improvements and the project on which the Park Impact Fees are imposed.

(5) Proportionality, Government Code § 66001(b): There is a reasonable relationship between the amount of the Park Impact Fees and the cost of acquiring, and developing new or improving existing Parks to accommodate the needs of future residential Development with or without Subdivisions. Park Impact Fees are derived from a formula that considers occupancy rates by residential land use type (single- family, multi-family, and accessory dwelling units), land acquisition and improvement costs, and the park acreage needed within Local Park Planning Areas within unincorporated County of San Diego to correlate impacts. In this way, Park Impact Fees are tied to the acquisition of park land and the construction of new or improvement of existing Parks needed to mitigate for the impacts of future development and Subdivision projects.

(Added by Ord. No. 10554 (N.S.), effective 1-1-19)

SEC. 810.111. PARK IMPACT FEES ESTABLISHED.

(a) Park Land Acquisition Impact Fee: Residential development that is not subject to Quimby Act park dedication or Park In-Lieu Fee of Article 2 must pay the Park Land Acquisition Impact Fee for acquisition of new park land.

(b) Park Improvement Impact Fee: All residential development, including Development that dedicates Quimby Act park land or pays the Park In-Lieu Fee pursuant to Article 2, must pay the Park Improvement Impact Fee for park improvements.

(c) The payment of Park Impact Fees shall be required prior to issuance of any building permit or other permit required for construction of a dwelling unit, where Park Impact Fees have been established by the Board of Supervisors resolution or ordinance. Park Impact Fees shall be determined in accordance with the fee schedule approved by the applicable Board of Supervisors resolution in effect at the time fees are paid, and may include an automatic increase.

(d) Notwithstanding Subsection (c) above, the payment of Park Impact Fees may be deferred and paid prior to or at the time of scheduling a final building inspection, if the applicant executes an agreement with the County for a fee deferral in a manner consistent with the requirements of Government Code Section 66007.

(e) In the event subsequent development or Subdivision of land occurs with respect to property for which Park Impact Fees have been paid or park land dedicated and there is an increase in the number of dwelling units or a change in the dwelling unit type which increases the number of persons served by the development or Subdivision and was

not included in computing the prior requirements, additional park land, park impact fees, or a combination of both shall be required, as determined by the Director.

(Added by Ord. No. 10554 (N.S.), effective 1-1-19)

SEC. 810.112. PARK IMPACT FEE EXEMPTIONS.

The following uses shall be exempt from both the Park Land Acquisition Impact Fee and the Park Improvement Impact Fee, unless otherwise stated:

(a) Any residential Development that involves the Subdivision of land and pays the Park In-Lieu Fee is exempt from the Park Land Acquisition Impact Fee.

• (b) Any Development that does not require a County building permit.

• (c) Any nonresidential Development.

(d) The replacement on the same parcel by the owner of a dwelling or dwellings destroyed by fire, flood, earthquake, or other calamity, provided that the application for a building permit to replace such dwelling is filed with the Director within two (2) years after destruction of the dwelling and is filed by the homeowner impacted by the calamity.

(e) Rehabilitation, replacement, or reconstruction of residential structures that were lawfully constructed.

(f) Transient habitation resort services for which occupancy is limited to 90 days for any person in any 12 month period pursuant to Sections 6400 through 6449, inclusive, of the Zoning Ordinance, or camping, cabin or motel units which are not to be used as primary residences and which are to be constructed within and primarily to serve Federal, State or County parks or forest.

(g) Recreational Trailer Parks, Temporary Trailer Parks, or Travel Trailer Parks, as those terms are defined in the Mobilehome Parks Act.

(h) Condominium projects or stock cooperatives which consist of the Subdivision of air-space in an existing apartment building which is more than five (5) years old where no new dwelling units are added.

(i) Any farm employee housing or farm labor camp project.

(j) Accessory dwelling units permitted prior to January 1, 2024 and constructed pursuant to the provisions of the Zoning Ordinance on established lots with an existing single-family residence.

(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10649 (N.S.), effective 2-28-20; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

SEC. 810.113. CREDIT FOR PARK LAND ACQUISITION IMPACT FEE.

(a) In the event that an applicant subject to the Park Land Acquisition Impact Fee seeks to dedicate land for parks, the Approving Body may allow a credit for up to 100% of the Park Land Acquisition Impact Fee payment required by this Chapter, if the public park land dedication amount is greater than 0.4 contiguous acres. For public park land dedication amounts less than 0.4 contiguous acres, only fees will be accepted, unless otherwise approved by the Director or Approving Body.

(b) Credit for land dedication against the Park Land Acquisition Impact Fee payment required by this Chapter shall only be granted for lands that conform with Sections 810.105 and 810.107 of this Chapter and are approved by the Director and Approving Body.

(c) Fee credit for land dedication of public parks may be provided at a one-to-one ratio based on conversion of Park Land Acquisition Impact Fee to actual park acres.

(d) The Director may grant fifty percent (50%) credit for private park land dedication against the Park Land Acquisition Impact Fee payment required by this Chapter for private park land, not to exceed fifty percent (50%) of

the total requirement for Park Improvement Impact Fee payment, if the requirements of Section 810.108 of this Chapter have been or will be met prior to issuance of any building permits for Developments and prior to approval of the final map for Subdivisions.

(e) Credit shall only be granted for park land that meets the criteria set forth in this Article and the Department of Parks and Recreation Park Design Manual.

(f) Private usable open space as defined and required by the Zoning Ordinance; improvements described in Sections 810.105(b) of this Chapter; trails and pathways dedicated pursuant to County Trails Program; environmental mitigation areas or open space dedicated pursuant to Resource Protection Ordinance, Biological Mitigation Ordinance or local, state, or federal laws; other open areas that preclude PLDO Eligible Recreational Uses; and yards, court areas, setbacks, landscape areas, and other open areas required to be maintained by the Zoning Ordinance, Building Code, and other ordinances and regulations shall not be eligible for credit against the Park Land Acquisition Impact Fee requirement, unless otherwise approved by the Director or Approving Body.

(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10649 (N.S.), effective 2-28-20)

SEC. 810.114. CREDIT FOR PARK IMPROVEMENT IMPACT FEE.

(a) If an applicant for a residential Development subject to the Park Improvement Impact Fee wishes to construct PLDO Eligible Recreational Uses, the Director may allow a credit therefor against up to 100% of the requirement for Park Improvement Impact Fee payment required by this Chapter.

(b) Credit shall be granted against the payment of Park Improvement Impact Fees required pursuant to this Chapter for the actual cost of any fixed recreational equipment, installed or constructed by the applicant, as approved by the County, provided that such credit shall not exceed the value of improvements normally authorized by the County for similar parks.

(c) The Director may grant fifty percent (50%) credit for park improvements against the Park Improvement Impact Fee payment required by this Chapter for improvements on private park land, not to exceed fifty percent (50%) of the total requirement for Park Improvement Impact Fee payment, if the requirements of Section 810.108 of this Chapter have been or will be met prior to issuance of any building permits for Development Projects and prior to approval of the final map for Subdivisions.

(d) No credit shall not be given for labor or overhead costs or for site preparation items such as grading, drainage, utilities, irrigation, planting or parking areas. No credit shall be given for required off-site improvements such as curbs, gutters, street paving, traffic-control devices, sidewalks, pathways, and parking areas that serve the park.

(e) Credit shall only be granted for PLDO Eligible Recreational Uses and park and recreational facility improvements that meet the criteria set forth in this Article and the Department of Parks and Recreation Park Design Manual.

(f) Private usable open space as defined and required by the Zoning Ordinance; improvements described in Sections 810.105(b) of this Chapter; trails and pathways dedicated pursuant to County Trails Program; environmental mitigation areas or open space dedicated pursuant to Resource Protection Ordinance, Biological Mitigation Ordinance or local, state, or federal laws; other open areas that preclude PLDO Recreational Use, and yards, court areas, setbacks, landscape areas, and other open areas required to be maintained by the Zoning Ordinance, Building Code, and other ordinances and regulations shall not be eligible for credit against the Park Improvement Impact Fee payment requirement unless otherwise approved by the Director or Approving Body. (Added by Ord. No. 10554 (N.S.), effective 1-1-19)