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.
(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:
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.
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)
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 Article 17 of this chapter.
(b)
Funds in the account shall be used solely and exclusively for the
purpose of funding park land acquisition and recreation improvements,
as defined herein, and as identified in the capital improvement plan
or to reimburse the city for expenditures, advances or indebtedness
incurred for park land acquisition or recreation improvements.
(c)
Park fees shall not be used for the provision of park land or recreation
improvements relating to:
(1)
The needs of existing city residents;
(2)
The enhancement of park and recreation facilities to provide a higher
level of service to existing city residents;
(3)
Operation and maintenance costs associated with city park and recreation
facilities;
(4)
Repair and/or replacement of existing park and recreational facilities;
or
(5)
The provision of recreational services and programming.
(Ord. No. 89-15, § 1, 4-12-89)
The applicant may appeal any decision of a city official, including,
but not limited to, the applicability of the park fee, the amount
of the park fee, the applicability of an exception and the eligibility
for and amount of a credit to the city council. Any and all appeals
shall be taken in accordance with the procedures and requirements
established in section 6-444.2 of Article 17 of this chapter.
(Ord. No. 89-15, § 1, 4-12-89)
