Article 4 — IMPLEMENTATION

SEC. 810.115. LIMITATIONS ON USE.

(a) The Park In-Lieu Fee paid pursuant to this Chapter shall only be used for the purpose of acquiring park land, developing new, or rehabilitating existing park or recreation facilities.

(b) The Park Land Acquisition Fee paid pursuant to this Chapter shall only be used for the purpose of acquiring new parkland.

(c) The Park Improvement Impact Fee paid pursuant to this Chapter shall only be used for the purpose of developing new, or expansion of existing park or recreation facilities.

(d) Park Impact Fees and Park In-Lieu Fees shall not be used to provide recreational services, programming or operations and maintenance of parks and recreational facilities.

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

SEC. 810.116. ADJUSTMENT OF PARK IMPACT FEES.

The Park In-Lieu Fee and Park Impact Fees established by this Chapter have been established based on estimated costs to acquire land or construct park improvements within each Local Park Planning Area. Park Impact Fees will be adjusted annually, starting in January 2020, and each January thereafter. The amount of the Park Impact Fees shall be based on the one-year change (from October to October) in the Los Angeles Construction Cost Index as determined by Engineering News Record published by McGraw-Hill Publishing Company, or any successor thereof. The amount of the Park Land Acquisition Impact Fee and Park In-Lieu Fee shall be based on 40% of the one-year change in median sale price (from October to October) in the Sandicor's San Diego Cost Index, or any successor thereof. Adjustments to the fees based upon the cost Indices shall be automatic and shall not require further action of the Board of Supervisors. The fee adjustments shall become effective January 1 of each year.

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

SEC. 810.117. TRANSFER OF LANDS OR FUNDS.

The County may transfer land or funds acquired pursuant to this Chapter to another governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the Director, only if such lands or funds shall be used in the manner prescribed by this ordinance, a source of funding for ongoing maintenance and operation is available other than County of San Diego General Fund monies, and the governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the Director, shall enter into a joint or shared use agreement or other agreement as approved by the Director. (Added by Ord. No. 10554 (N.S.), effective 1-1-19)

SEC. 810.118. REFUND OF PARK IMPACT AND PARK IN-LIEU FEES.

Any Park Impact Fee and Park In-Lieu Fees paid pursuant to the provisions of this Chapter may be refunded or partially refunded under the following circumstances:

(a) If a building permit or development permit expires, is cancelled, is withdrawn or is voided and if any fees paid pursuant to this Chapter have not been expended and no construction has taken place pursuant to such building permit or Development permit, the Director shall, upon written request, refund the fee to the record property owner or his or her representative.

(b) In the event that the acreage of the development site, number of dwelling units, acreage of land to be dedicated, acreage of private recreation area(s), or any combination thereof changes through the Subdivision or discretionary

permit processes, thereby reducing the requirements for the Development or Subdivision under this Chapter, and the applicant has paid the higher originally calculated fee, the Director of Planning & Development Services, or such other officer having jurisdiction over the Development or Subdivision, upon review and concurrence by the Director, shall refund to the applicant the amount specified in the action taken by the Director of Planning & Development Services or the Approving Body authorizing such decrease of the requirements, not to exceed the amount originally deposited.

(c) In the event that fees were collected for a project exempt from the requirements of this Chapter, the Director of Planning & Development Services, or such other officer having jurisdiction over the Development, upon review and concurrence by the Parks and Recreation Department, shall refund to the property owner or his or her representative not to exceed the amount originally deposited.

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

SEC. 810.119. PARK ACQUISITION AND IMPROVEMENT AGREEMENT.

(a) Applicants receiving credit against Park Impact Fees pursuant to the provisions of this Chapter shall enter into a secured Park Acquisition and Improvement Agreement with the County or another governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the County, prior to approval of the final map for a Subdivision or prior to issuance of a building permit for a Development to provide for park facility construction, interim funding, and maintenance for Park Facilities.

(b) The secured Park Acquisition and Improvement Agreement shall comply with the requirements for improvement security as specified in the Subdivision Map Act at Government Code Section 66499 et seq., the County Subdivision Ordinance at County Code Section 81.407 et seq. for Subdivision projects, and the Department of Parks and Recreation Park Design Manual adopted by the Director.

(c) In those instances where the applicant and County or another governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the County, enter into secured Park Acquisition and Improvement Agreement, the Director or designee is authorized to execute secured Park Acquisition and Improvement Agreement with applicants and to take any future actions to administer these or similar agreements as may be necessary to secure the construction, operation, and maintenance of the improvements.

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