Park Land Dedication Ordinance (PLDO) fees

“[Article 2 — Quimby] "The ordinance sections codified in this Article are enacted pursuant to the authority granted by California Government Code Sections 66477 et seq (also known as the Quimby Act), which authorizes a county to require the dedication of land for park or recreation facilities at a rate of three acres per one thousand residents, or payment of fees in-lieu thereof (or a combination of both), incident to and as a condition of approval for a tentative map or parcel map. The purpose of the dedication of land and/or payment of the in-lieu fee is to ensure that each new residential unit within a Subdivision in the unincorporated County bears the burden of its individual, incremental share of additional park and recreation facilities needed to accommodate the new development.”

“(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 Section 810.1124(a) and (b) shall only be used for the purpose of acquiring new parkland. (c) The Park Improvement Impact Fee paid pursuant to 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.”

“'Local Park Planning Area' means the geographical area(s) depicted on the Local Park Planning Area map on file with the Department of Parks and Recreation. Local Park Impact Areas coincide with the Community and Subregional Planning Area boundaries in Figure I-2 of the County of San Diego General Plan and as depicted on the Local Park Planning Area Map on file with the Department of Parks and Recreation.”

2018-07-25 (comprehensive replacement; effective 2019-01-01)

“ORDINANCE NO.: 10554 (N.S.) — AN ORDINANCE REPEALING AND REPLACING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TITLE 8, DIVISION 10, CHAPTER 1, RELATING TO PARK LAND DEDICATION AND PAYMENT OF FEES … SECTION 1. Chapter 1 of Division 10 of Title 8 of the San Diego County Code of Regulatory Ordinances is hereby repealed and replaced with the following:”

Ordinance No. 10554 (N.S.)

“ORDINANCE NO.: 10554 (N.S.) — AN ORDINANCE REPEALING AND REPLACING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TITLE 8, DIVISION 10, CHAPTER 1, RELATING TO PARK LAND DEDICATION AND PAYMENT OF FEES … SECTION 1. Chapter 1 of Division 10 of Title 8 of the San Diego County Code of Regulatory Ordinances is hereby repealed and replaced with the following:”

“[Quimby in-lieu fee — note this is NOT a final-map charge here] "(b) If Park In-Lieu Fees are to be paid, such fees shall be collected on a per dwelling unit basis prior to the issuance of a building permit or such other permit for development required to authorize the construction or installation of a dwelling. The applicant shall pay the fees prescribed in Section 810.108 or shall present a written statement from the Director of Parks and Recreation certifying that the requirements of this Article have been satisfied with respect to the development for which permits are sought. The obligation to pay Park In-Lieu Fees shall be noted on both the tentative map and the final map.”

“'Park Improvement Impact Fee' means the fee collected by the County of San Diego pursuant to Section 810.112(b) in connection with approval of a residential Development or Subdivision project for the purpose of defraying all, or a portion, of the cost of constructing park and recreational facilities needed to accommodate new residential development.”

“[Article 2 / Quimby] "SEC. 810.104. EXEMPTIONS — The following projects shall be exempt from the park land dedication and Park In-Lieu Fee requirements of this Chapter: (a) Developments that do not require the subdivision of land; (b) Subdivisions that do not include any residential uses; and (c) 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 and where no new dwelling units are added.”

“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 land dedication amount is greater than 0.4 contiguous acres. For land dedication amounts less than 0.4 contiguous acres, only fees will be accepted, unless otherwise approved by the Director or Approving Body." and "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 constructs 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." and "SEC. 810.108. CREDIT FOR PRIVATE PARKS. (a) The Director may grant up to fifty percent (50%) credit for land dedication or park in-lieu fees payment for private parks not to exceed fifty percent (50%) of the total land dedication or Park In-Lieu Fee payment requirement…”

“[escalation, not a phase-in] "SEC. 801.116. 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… 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… 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.”