Martinez Municipal Code Ch. 21.46 Park Dedication

This section is enacted pursuant to the authority granted by the Subdivision Map Act of the State of California. The park and recreation facilities for which dedication of land and/or payment of fee required by this Chapter are in accordance with the General Plan of the City of Martinez, and the adopted Park System Master Plan. For purposes of this Chapter, the term "subdivision" includes any residential development of two (2) or more dwelling units, "subdivider" includes the developer of any residential development, "parcel" includes any residential unit, "parcel map" or "final map" includes issuance of a building permit or grading permit for a residential development or two (2) or more dwellings units.

(Prior code § 4701; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983; Ord. 1103 C.S. § I, 1987)

As a condition of approval of a final subdivision map, parcel map, or residential project approval not involving a subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Chapter. Payment of in-lieu fees may be deferred until occupancy of residential units if the subdivider posts a bond or other surety acceptable to the City guaranteeing payment of the fees.

(Prior code § 4703; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983; Ord. 1103 C.S. § I, 1987)

It is found and determined that the public interest, convenience, health, welfare and safety require that five (5) acres of property for each one thousand (1000) persons residing within the City be devoted to local park and recreational purposes.

(Prior code § 4702; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983)

Where a park or recreational facility has been designated in the City of Martinez's General Plan, and is to be located in whole or in part within the proposed subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

DU means residential dwelling unit

The following table based on the above formula is to be followed:

NOTE: The figures of 2.6 persons per unit and 557 sq. ft. shall be used for all subdivisions for which application was made prior to May 16, 1986.

(Prior code § 4705(a); Ord. 749 C.S. § 1, 1972; Ord. 840 § 2, 1976; Ord. 985 C.S. § 2, 1983; Ord. 1067 C.S. § I, 1986; Ord. 1103 C.S. § I, 1987)

A. General formula. If there is no park or recreational facility designated in the City of Martinez's General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 21.46.040 and in an amount determined in accordance with the provisions of Section 21.46.070, the fee to be used for a local park which will serve the residents of the area being subdivided.

B. Fees in lieu of land—50 parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider may be required to only pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section 21.46.040 and in an amount determined in accordance with the provisions of Section 21.46.070.

C. Use of money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Martinez Planning Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment of the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.

(Prior code § 4705(b); Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983)

In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

A. When only a portion of the land to be subdivided as proposed in the General Plan as the site for a local park, such portion shall be dedicated for local park purposes; and a fee computed pursuant to the provisions of Section 21.46.070 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section 21.46.080.

B. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to Section 21.46.010 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section 21.46.070. The fees shall be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

(Prior code § 4705(d); Ord. 749 C.S. §, 1972; Ord. 985 C.S. § 2, 1983)

When a fee is required to be paid in lieu of parkland dedication, the amount of the fee shall be based, on the average estimated fair market value of the land being purchased in the City for single family and multi-family residential development. This value shall be established yearly by Council resolution.

(Prior code 4705(e); Ord. 749 C.S. § l, 1972; Ord. 985 C.S. § 2, 1983; Ord. 1067 C.S. § II, 1986; Ord. 1103 C.S. § I, 1987)

When the proposed subdivision lies within an area not then within, but to be included within the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this article.

(Prior code § 4705; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983)

Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

A. The principles and standards for community and neighborhood park facilities found in the City's General Plan;

B. Topography, geology, access and location of land in the subdivision available for dedication;

C. Size and shape of the subdivision and land available for dedication;

D. Feasibility of dedication;

E. Compatibility of dedication With the City of Martinez's General Plan; and

F. Availability of previously acquired park property.

(Prior code § 4705(g); Ord. 749 C.S. § 1, 1972; Ord. 985, C.S. § 2, 1983)

If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Chapter. The credit shall be determined by the Planning Department.

(Prior code § 4705; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983)

Where private area for park and recreational purposes is provided in a proposed development and such area is to be privately owned and maintained by the future owner(s) of the development, partial credit may be given by the planning agency not to exceed fifty percent against the requirement of land dedication or payment of fees in lieu thereof if the planning agency finds that it is in the public interest to do so and that all the standards set forth below are met:

A. That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private areas; and,

B. That the private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants, or restrictions; and,

C. That the use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be amended or eliminated without the consent of the County, or its successor; and,

D. That the proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and,

E. That facilities proposed for the area are in substantial accordance with the provisions of the recreational element of the general plan; and,

F. That the area for which credit is given is a minimum of two acres and provides a minimum of four of the local park basic elements listed below, or other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

(Ord. 1067 C.S. § III, 1986)

Prior to the approval of the tentative subdivision or parcel map, the Martinez Planning Commission shall determine, after a report and recommendations from the Planning & Building Director and Parks and Recreation Commission, pursuant to Sections 21.46.090, 21.46.100 and 21.46.110 whether land is to be dedicated or in lieu fees are to be paid by the subdivider or any combination of land and fees. The determinations by the Martinez Planning Commission shall include the following:

A. The amount of land required; or

B. That a fee be charged in lieu of land; or

C. That land and a fee be required; and/or

D. That a stated amount of credit be given to the subdivider, if applicable.

(Prior code § 4705; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983; Ord. 1103 C.S. § I, 1987)

Recommendations of the Martinez Planning Commission shall be appealable as set forth in Section 21.42.100.

(Prior code § 4706; Ord. 749 C.S. § 1, 1972; Ord. 985 C.S. § 2, 1983; Ord. 1103 C.S. § I, 1987)