Del Mar Municipal Code Ch. 24.25 Dedication: Park/Recreation

It is the purpose of this Chapter to impose upon a subdivider the obligation to provide land or in lieu fees for park or recreation purposes. The amount and location of land to be dedicated or the fees to be paid is intended to bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Government Code § 66477)

(Ord. No. 396)

A. In accordance with Government Code § 66477(h), this Chapter has a limited application to nonresidential subdivisions of less than five parcels.

B. In accordance with Government Code § 66477(g), this Chapter has a limited application to subdivisions containing 50 parcels or less.

C. In accordance with Government Code § 66477, this Chapter has a limited application to commercial subdivisions, industrial subdivisions and to condominium projects or stock cooperatives.

A. As required by Government Code § 66477(d), this Chapter shall be administered in accordance with an adopted general plan or specific plan containing policies and standards for parks and recreation facilities and then only for park and recreational facilities that are in accordance with definite principles and standards.

B. In accordance with Government Code § 66477(f), land and fees shall be used in accordance with a schedule adopted by the City Council or refunded.

C. Fees shall be paid to the City for deposit into a segregated fund.

D. Land and fees exacted in accordance with this Chapter shall be used only for purposes authorized by the Act. (Government Code § 66477(c))

A. The City Council shall determine whether to require a dedication of land, impose a requirement to pay fees or require a combination of both.

B. In accordance with Government Code § 66477(b), the amount of land to be dedicated shall be determined as follows:

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C. The amount of the fee required in lieu of a dedication of land shall be the fair market value of the amount of land for which the fee is being paid in lieu of dedication.

A. The calculation of the in lieu fee shall be based upon the estimated current cost to the City for the purchase of open space and parklands to serve the residents of the Subsection per Section 24.25.030 of this Chapter. Said estimated purchase value per square foot shall be determined by the City Council by resolution by computing the average per square foot cost to the City of the purchase of a representative sample of parklands purchased by the City in the recent past. Those purchases to be included in the sample from which the average is computed shall be determined by the City Council upon recommendation of staff, taking into account all of the circumstances of the particular transaction, type of property, type of park use and related factors, which the Council deems relevant. Selection of those purchases to be included in the sample and computation of the average per square foot value thereof shall be adopted by resolution of the City Council. Council may at its discretion from time to time, update the sample purchases use for computing the average by adding new purchases or be deleting old ones and may thereupon recompute a new average cost per square foot.

The total fee paid by the subdivider at the time of final map approval shall equal the average value per square foot as set forth in said resolution, adjusted for changes in the Consumer Price Index (CPI-U) times the total number of square feet of land otherwise required pursuant to the formula contained in Section 24.25.040 herein.

B. As a condition for receiving approval of the proposed final or parcel map, the subdivider shall pay the entire in lieu fee or at the subdivider's option, execute a covenant burdening each lot for a prorata share of the in lieu fee, due as a condition for the issuance of a building permit for such lot.

In accordance with Government Code §§ 66477(i) et seq., at the time of submitting a proposed tentative or tentative parcel map, the subdivider may apply to the City Council for credit against the payment of fees or dedication of land required by this Chapter.