Morgan Hill Municipal Code Art. I Park Land Dedication

This chapter is enacted pursuant to the authority granted by the Subdivision Map Act of the state. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter agree in accordance with the bikeways, trails, parks, and recreation master plan (recreation element) of the city, adopted by the city on July 20, 2017, and any amendments thereto.

(Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 2, 10-23-2019)

As a condition of approval of a final subdivision map or parcel 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.

(Ord. 635 N.S. § A (part), 1983)

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

(Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 2, 10-23-2019)

Where a park or recreational facility has been designated in the city's park and bikeways master plan, an element of the general plan of the city, and is 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 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:

Formula Based on Population Estimate

Example for single-family dwelling unit (DU):

The average number of persons per household by units in a structure shall be established by City Council resolution in accordance with the most recent available Federal Census.

(Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 4, 10-23-2019)

If there is no park or recreational facility designated in the city's bikeways, trails, parks and recreation master 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 17.28.060 hereof and in an amount determined in accordance with the provisions of Section 17.28.110 of this chapter, such fee to be used for a local park which will serve the residents of the area being subdivided.

(Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 5, 10-23-2019)

If the proposed subdivision contains fifty parcels or less, the subdivider shall 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 17.28.060 of this chapter, and in an amount determined in accordance with the provisions of Section 17.28.110 of this chapter.

(Ord. 635 N.S. § A (part), 1983)

The money collected under this chapter shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing neighborhood and community park or recreation facilities reasonably related to serving the subdivision.

(Ord. 1215 N.S. § 1, 1995: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 6, 10-23-2019)

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

A. When only a portion of the land to be subdivided is proposed in the city's park and bikeways master 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 17.28.110 of this chapter shall be paid for any additional land that would have been required to be dedicated pursuant to Section 17.28.060.

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 the provisions of Section 17.28.110 of this chapter 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 17.28.060 of this chapter, such fees to 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.

(Ord. 635 N.S. § A (part), 1983)

A. When a fee is required to be paid in lieu of park land dedication, the amount of such fee shall be based upon the average estimated fair market value of the land being subdivided.

B. The fair market value shall be as determined by the community development department based upon the average estimated fair market value of the land in its subdivided form. Such determination shall be made at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

C. The amount of fee to be paid in lieu of park land dedication shall be the value of the land which would otherwise be required to be dedicated pursuant to Section 17.28.060 of this chapter.

(Ord. 635 N.S. § A (part), 1983)

A. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Recreation element of the city's general plan;

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

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

4. Feasibility of dedication;

5. Availability of previously acquired park property.

B. The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. 635 N.S. § A (part), 1983)

A. No credit shall be given for private open space in a subdivision except as provided in this section. Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed forty percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof if the City Manager or designee finds that all the following standards are met:

1. 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 open space;

2. That the private ownership and maintenance of the open space is adequately provided for by the reported written agreement, conveyance, or restrictions;

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;

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

5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan; and

6. That the open space for which credit is given is a minimum of 0.25 contiguous acres.

B. Where the proposed subdivision will replace existing previously occupied dwelling units, credits shall be given against the requirement of land dedication or payment of fees in lieu thereof if the City Manager or designee finds that existing previously occupied dwelling units will be removed. Credit shall be given on a unit-by-unit basis.

C. Before credit is given the City Manager or designee shall make written findings that the standards set out in subsections A and B of this section are met.

D. A developer receiving credit for private open space through this Chapter shall not be permitted to utilize the same private open space towards any other park, recreation and open space requirements or credits with the City.

E. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as determined by the City.

F. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded concurrently with the final subdivision map.

(Ord. 1215 N.S. § 2, 1995: Ord. 848 N.S. § 3, 1987: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 6, 10-23-2019; Ord. No. 2315 N.S. § 2, 1-15-2020)

A. At the time of approval of the tentative subdivision map, the City Manager or designee shall determine, after a report, pursuant to Section 17.28.120 of this chapter, whether the land is to be dedicated or in lieu fees are to be paid by the subdivider or any combination of land and fees.

B. The recommendation by the City Manager or designee shall include the following:

1. The amount of land required; or

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

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

4. That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

5. The location of the park land to be dedicated or use of in lieu fees;

6. The approximate time when development of the park or recreation facility shall commence.

C. This action shall be reviewed by the planning commission for concurrence. If concurrence is not obtained, this matter will be forwarded to the city council for final determination. In making its determination, the council shall be guided by the same standards contained in this chapter where applicable.

D. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as determined by the city.

E. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded concurrently with the final subdivision map.

(Ord. 1215 N.S. § 3, 1995: Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2305 N.S., § 8, 10-23-2019)

The provisions of this chapter do not apply to industrial/commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building, which is more than five years old when no new dwelling units are added.

(Ord. 635 N.S. § A (part), 1983)