HomeMy WebLinkAboutOrdinance #1238 r _
r
ORDINANCE No. 1238
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HU NTINGTON BEACH ADDING ARTICLES
998 and 974 AND ALL SECTIONS THEREOF, TO
THE HUNTINGTON BEACH On.DINA.NCE CODE, RE-
LATING TO PARKS AND RECREATIONAL FACILITIES.
The City Council of the City of Huntington Beach does
ordain as follows :
Section 1. That Article 998 is hereby added to Division
9, Chapter 99 of the Huntington Beach Ordinance Code to read in
words and figures, as follows :
ARTICLE 228
PARKS AND RECREATIONAL FACILITIES
Section 2. That the following new sections are hereby
added to the Huntington Beach Ordinance Code to read in words
and figures, as follows :
S• 9981. RECITALS. That the City Council of the City of
Huntington Beach does hereby find, determine and declare as
follows :
S. " 9981.1. In 1965, the Legislature of the State of Cal-
ifornia amended the Subdivision Map Act (Section 11300 et seq.
of the Business and Professions C6de) so as to enable cities
and counties to require either the dedication of land, the
payment of fees, or a combination of both, for park or recreat-
ional purposes as a condition of approval of a subdivision iiapg
and
S. 9981.2. The City Council of the City of Huntington
Beach has adopted a master plan containing a recreational ele-
ment, establishing definite principles and standards for the
1.
Ord. No. 1238
park and recreational facilities to serve its residents in
compliance with Section 11500 et, seq. of the Business and
Professions Code.
S . 9982. SUBDIVIDERS MUST PROVIDE PARK- AND RECREATIONAL
FACILITIES. Every residential subdivider who subdivides land .
shall dedicate a portion of such land, pay a. fee, or do a com-
bination of both, as set forth in this ordinance for the purpose
of providing park and recreational facilities to serve future
residents of such subdivision.
S . 9983. APPLICATION. The provisions of this ordinance
shall apply to all residential subdivisions, as that phrase is
defined in Section 11500 et. seq, of the Business and Profess-
ions Code of the State of California, except subdivisions for
which tentative subdivision., maps have been filed within thirty
(30.) days after the effective date of this ordinance .
S . 9984. RELATION OF LAND REQUIRED TO POPULATION DENSITY.
It is hereby found and determined:
S. 9984. 1. That the public interest, convenience, health,
welfare and safety require that approximately four (4) acres of
property, for each one thousand (1,000) persons residing within
the City, be devoted to public park' and recreational purposes .
S . 9984.2. That said requirement will be satisfied in . part '
by cooperative arrangements between the City and .the local
school districts to make available one and one-half (12) acres
of property for each one thousand (1,000) persons residing
within the City for park and recreation purposes;
S . 9984.3. That the remainder two and one-half (21) acres
of the required four (4) acres shall be supplied by the require-
ments of this ordinance.
2
Ord. No. 1238
S . 9985. POPULATION DENSITY. Population density for the
purpose of this ordinance shall be determined in accordance
with the latest Federal Census for the City of Huntington Beach.
This population density may be adjusted according to each new
Federal Census; to-wit:
R1 Single Family Residence District 3 . 78
R2 Two Family Residence District 3. 30
R3 Limited Multiple Family Residence District 2.83
R4 Multiple Family Residence District 2.30
S . 9985. 1. The basis for determining the total number of
dwelling units shall be the number of such units permitted by
the City on the property included in the subdivision at the
time the final subdivision tract map is filed with the City
Council for approval.
S . 9986. AMOUNT OF LAND TO BE DEDICATED.
S • 9986. 1. The amount of land required to be dedicated by
a subdivider pursuant to this ordinance, shall be based on the
gross area. included in the subdivision, determined by the fol-
lowing formula:
FORMULA.
(1) For developments expressed as dwelling units and
acres such as subdivisions and large area. developments :
P = 2. 5 No. D.U. x D.F. )
1000 No. Acres + 2. 5 (No. D.U. x. D.F. )
(2) For developments expressed as dwelling units and
square feet such as individual lot and small area developments;
P = 2.5 No. D.U. x D.F.
1000 No. S . Ft. + 2.5 (No. D.U. x D.F. )
35 O
`� 3
Ord. No. 1238
Definition of Terms :
. a. P - Percentage of development area to be dedicated
as parksite or to be appraised for fee payment.
b. No. D.U. - Number of dwelling units proposed in
development.
c . D.F. - Density factor obtained from Section 5 as
applicable to proposed development zoning.
d. No. Acres - Gross number of acres in development .
For tracts this area. is equal to that indicated
on the map as, encompassing the gross subdivided
area. For small lot or area developments this
area is equal to the area of the lot or lots plus
one-half the street and/or alley area to right-
of-way centerlines .
e. No. square .feet - Gross number of square feet in
development, gr.os.s area. being described as in
Section 9984 hereof.
S . 9987. AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
S . 9987. 1. Where a fee is required to be paid in lieu of
land dedication, such fee shall be equal to the amount based
upon the average fair market value of all public parks within.
the City.
S . 9987. 2. "Fair market value" shall be determined in
accordance with the following:
S . 9987.2. 1. Periodic appraisal of the property for the
City, by a qualified real estate appraiser.
4
Ord• �� 1238
s . 9987.2.2. If the subdivider objects to such valuation
he may, at his expense, obtain an appraisal. of the property by
a qualified real estate appraiser. Said appraisal may be ac-
cepted by the City Council if found reasonable; or
S . 9987. 2. 3. The City and subdivider may agree as to the
fair market value. Procedures for determining value of land
shall be developed to meet local conditions .
S . 9988. CREDIT FOR PRIVATE OPEN SPACE. Where private
open space for park and recreational purposes is provided in a
proposed subdivision and such space is to be privately owned
and perpetually maintained and operated by the future residents
of the subdivision, such areas shall be credited against the
requirement of dedication of land for park and recreational
purposes, as set forth in Section 9986 hereof, the payment of
fees in lieu thereof as set forth in Section 9987 hereof, or a
combination of both provided the City Council finds it is in
the public interest to do so, and that the following standards
are met :
(a) That yards, court areas, setbacks and other open areas
required to be maintained by the zoning and building
regulations shall not be included in the computation
of such private open space; and
(b) That the private ownership and maintenance of the open
space is adequately provided for by written agreement;
and
(c) That the use of the private open space is restricted
for park and recreational purposes by recorded cov-
enants which run with the land in favor of the future
5
Ord. No. 1238
owners of property within the tract and which
cannot be defeated or eliminated without the con
sent of the City Council and without providing
equivalent space elsewhere in the development.
(d) That the proposed private open space is reason-
ably adaptable for use for park and recreational
purposes, taking into consideration such factors
as size, shape, topography, geology, access, and
location of the private open space land; and
(e) That facilities proposed for the open space are
in substantial accordance with the provisions of
the Parks, Open Spaces, Schools and Recreational
element of the master plan and are approved by
the City Council; and
(f) Any facility for which. consideration is paid by
the public for its use shall not be credited as
private open space, except as hereinafter des-
cribed under Section 9989 "Cred.it For Special
Facilities . "
(g) Any waterways which are used by the public but
without facilities for public docking of boats or
beach or waterfront accessible to the public ad-
jacent to the waterways shall not be credited as
private open space, except as hereinafter des-
cribed under Section 9989 "Credit For Special
Facilities . "
S • 9989• CREDIT FOR SPECIAL FACILITIES. When, in the
subd.ivider' s design of a subdivision, space is allocated for a
6
Ord. No. 1238
special facility designed to serve the residents of that sub-
division, such as a golf course or waterways, the subdivider
may be given credit equivalent either wholly or partially to a
community park( s) for such facility provided. such special fac-
ility is restricted to its initial purpose . In the event such
facility is terminated, the owner thereof shall be obligated,
at that time, to satisfy the initial requirements for which the
credit was given.
S . 9989. 1 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT.
When the subdivider desires to improve and/or develop public or
private open space facilities, and at the City' s discretion,
such costs may be credited, either wholly or partially, toward
the payment of the fees as set forth in Section 9987•
S . 9989.2. CHOICE OF LAND OR FEE,
S . 9989.2. 1 PROCEDURE. The procedure for determining
whether the subdivider is to dedicate land, pay a fee or a
combination of both, shall be as follows:
S • 9989. 3• DETERMINATION. Whether the City accepts land
dedication or elects to require payment of a fee in lieu there-
of, or a . combination of both, shall 'be determined. by consider-
ation of the following:
(a) The Parks, Open Spaces, Schools and Recreational
element of the City' s master plan; and
(b) Topography, geology, access and location of land in
the subdivision available for dedication; and
(c) Size and shape of the subdivision and land available
for dedication.
7
Ord. No. 1238
S • 9989.3.1, The determination of the City as to whether
land shall be dedicated, or whether a fee shall be charged, or
a combination of both, shall be final and conclusive. On sub-
divisions involving fifty (50) lots or less, only the payment
of fees may be required.
S . 9989.4. SUBDIVIDER. The owners of the property (sub-
divider) , if he desires to dedicate property for park and rec-
reational purposes shall, prior to filing the Tentative Tract
Map for approval, check with the City to determine whether or
not his property lies. within the City' s master plan for Parks,
Open Spaces, Schools and Recreational facilities.
S . 9989•4. 1. If his property lies within the City' s master
plan for neighborhood parks, he shall coordinate with the nec-
essary departments in the design of his subdivision.
s . 9989.4.2. If his land does not lie within the City' s
master plan for neighborhood parks, he will be required to pay
a fee in lieu of dedication of land.
S . 9989.5. ACTION OF CITY. At the time of the Tentative
Tract map approval, the Planning Commission shall determine, as
a part of such approval, whether to require dedication of land
within the subdivision, payment of a fee in lieu thereof, or a
combination of both.
S . 9989.6. PREREQUISITES FOR APPROVAL OF FINAL MAP. Where
dedication is required it shall be accomplished in accordance
with the provisions of the Subdivision Map Act. Where fees are
required the same shall be deposited with the City prior to the
approval of the Final Tract Map,. . Open-space covenants for
8 -
Ord. No. 1238 .,
private park or recreational facilities shall be submitted to
the City Attorney for his approval prior to approval of the
final tract map and shall be recorded contemporaneously with
the final tract map.
S. 32f.9.7. COMMENCEMENT OF DEVELOPMENT. The City shall
begin development of the recreation facility within five (5)
years from the time of final inspection and acceptance of
tract improvements by the City Council.
S. 2982.8. SEVERABILITY. If any section, subsection,
subdivision, paragraph, sentence , clause or phrase of this
ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance or any part there-
of. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sen-
tence, clause or phrase thereof, irrespective of the fact that
any one or more sections , subsections, subdivisions , paragraphs
sentences , clauses or phrases be declared unconstitutional.
Section 3. That Article 974 of the Huntington Beach
Ordinance Code is hereby added to Division 9, to read in
words and figures, as follows :
Ord. No. 1238
ARTICLE?4-
PARK AND RECREATION FACILITIES
S. 9740 INTENT
S. 9741 DEVELOPERS MUST PROVIDE PARK AND RECREATIONAL
FACILITIES
S- 9742 APPLICATION
S. 9743 RELATION OF LAND REQUIRED TO POPULATION DENSITY
S. 9744 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID
S. 9744.1 A.MONUNT OF LAND TO BE DEDICATED
S- 9744. 2 AMOUNT OF FEE-IN LIEU OF LAND DEDICATION
S. 97 4.3 EXCEPTIONS
S. 9745 CREDITS
S. 9745.1 CREDIT FOR PRIVATE OPEN SPACE
S: 9745. 2 CREDIT FOR SPECIAL FACILITIES
S.
9745.3 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT
S. 9746 CHOICE OF LAND OR FEE
S 9747 ACTION OF CITY
S. 9748 PREREQUISITE FOR APPROVAL OF BUII,,DING PERMIT
S. 9749 COMMENCEMENT OF DEVELOPMENT
10.
Ord. No. 1238
Section 4. That the following sections are hereby
added to Article 974 of' Division 9 of the Huntington Beach
Ordinance Code to read in words and figures , as follows :
S. 9740 INTENT. This article is intended to pro-
vide a means for implementing the adopted
recreational element of the Master Plan which establishes
definite principles and standards for park and recreational
facilities to serve the residents of Huntington Beach.
S. 2741 DEVELOPERS OR PERSONS MUST PROVIDE PARK AND
RECREATIONAL FACILITIES. Every residential
developer or person who develops land for residential purposes
shall dedicate a portion of such land, pay a fee or a combina-
tion of both, as set forth in this ordinance for the purpose
of providing park and recreational facilities to serve future
residents of such development.
This Article shall not apply to alterations
or additions on an existing dwellinE unit, providing said
alteration or addition does not create an additional dwelling
.S. 9742 APPLICATION. The provisions of this ordi-
nance shall apply to all residential developments except resi-
dential developments for which building permits have been
i filed within thirty (30) days after the effective date of this
ordinance.
S. 9743 RELATION OF LAND REQUIRED TO POPULATION
DENSITY. It is hereby found and determined:
S. 9743-1 That the public interest, convenience,
health, welfare and safety require that ap-
proximately four (4) acres of property, for 4ach one thousand
(1,000) persons residing within the city, be devoted to public
park and recreational purposes.
S. 9743. 2 That said requirement will be satisfied in
part by cooperative arrangements between the
City and the local school districts to make available one and
one-half (11) acres of property for each one thousand (1,000)
2
persons residing within the City for park and recreation pur-
poses.
S. 2742.3 That the remainder (212 acres ) of the requir-
ed four (4) acres shall be supplied by the
requirement's of this ordinance,
Ord. No. 1258
S- 224].4 Population density for the purpose of this
ordinance shall be determined in accord-
ance with the latest Federal Census for the City of Huntington
Beach. This population density will be adjusted according to
each new. Federal Census, to-wit:
NUMBE11 OF HABITABLE ROOMS POPULATION DENSITY
1 to 2 1.1
1-5
2.3
8
or more �--5
s_. 2743.4.1 HABITABLE ROOM - A habitable room is any
room meeting the requirements of the Uniform
Building Code for sleeping, living, cooking or dining purpos-
es, excluding such enclosed spaces as closets, pantries, bath
or toilet rooms, service rooms, connecting corridors , laund-
ries , unfinished attics, foyers, storage spaces , cellars ,
utility rooms and similar spaces. However, a combination
kitchen and dining area may be considered. as one room. In the
event a room division is made by enclosing fifty percent (50%)
of the area contained in a cross section of said room, with
a wall, divider or partition then the area on each side of
said wall, divider or partition shall be considered a separate
room.
6- 2744 AMOUNT OF LAND 'TO BE DEDICATED OR FEE TO BE
PAID. The amount of land to be dedicated or
fee to be paid shall . be determined by the 'following:
S. 2744.1 A1110UNT OF LAND TO BE DEDICATED - The amount
of land to be dedicated by a developer pur-
suant to this ordinance shall be based on thegross area includ-
ed on the plot plan filed with the Building Department, deter-
mined by the following formula :
FORMULA
a. For developments expressed as dwelling units and
acres , such as large area developments :
2
P —.5 No. D.U. x D.F. )
1000 (Xo.Acres +—2,5 No. D.U. x D.P. )
b. For developments expressed as' dwelling units and
square feet, such as individual lots and small area develop-
ments :
2.5 No. D.U. x D.F.
100-0 (No. Sq Ft. + 2.5. (No. D.U. x D.F.
43560
12.
Ord. No. 1258
c." Definition of Terms :
(1 ) P - Percentage 'of development area to be dedi-
cated as parksite or to be appraised for fee payment.
(2) No. D.U. - Number of Dwelling units proposed
in development.
(3 ) D.F. - Density factor obtained from Section
9Z��.4 as applicable to proposed development zoning.
(4) No. Acres - Gross number of acres in develop-
ment. For tracts this area is equal to that indicated on the
map as encompassing the gross subdivided area. For small
lot or area developments this area is equal to the area of the
lot or lots plus one-half the street and/or alley area to
right-of-way centerline.
(5) No. square feet - Gross number of square feet
in •development, gross area being described as in Section 9743
hereof.
S. �4-. 2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
S. 974.4. 2.1 Where a fee is required to be paid in lieu
of land dedication, such fee shall be equal
to the amount based upon the average fair market value of all
public parks within the City.
S. 274.4-. 2.1.1. 04Fair Market Value" shall be determined in
accordance with the following:
(a ) Periodic appraisal of the property for the
City by a qualified real estate appraiser
(b) If the developer objects to such valuation
he may, at his expense, obtain an appraisal
of the property by a qualified real estate appraiser. Said
appraisal may be accepted by the City Council if found reason-
able; or
(c ) The City and developer may agree as to the
fair market value. Procedures for deter-
mining value of land shall be developed to meet local condit-
ions.
S. L44. 3 EXCEPTIONS. In the event a fee has been paid
or land has been dedicated for park and
recreational purposes , -pursuant to provisions of the Subdivision
Ordinance or Business License Ordinance, such fee or land. dedi-
cation may be used to defray all or a part of the requirements
of this Article. y
13.
Ord. No. 1238
L_ 2Z4,� CREDITS
S. 9745.1 CREDIT FOR PRIVATE OPEN SPACE. Where
private open space for park and recreation-
al purposes is provided in a proposed development and such
space is to be privately owned and perpetually maintained
and operated by the future residents of the development or
owner, such areas shall be credited against the requirement
of dedication of land for park and recreational purposes,
as set forth in Section 9744.1 hereof, the a yment of fees
in lieu thereof as set forth in Section 974. 2 hereof, or
a combination of both provided the City Council finds it
is in the public interest to do so, and. that the following
standards are met:
(a ) That yards , court areas, setbacks and other
open areas required to be maintained by the
zoning and building regulations shall not be
included in the computation of such private
open space; and
(b) That the private ownership and maintenance of
the open space is adequately provided for by
written agreement; and
(c) That the use of the private open space is re-
stricted for park and. recreational purposes
which cannot be defeated or eliminated without
the consent of the City Council and without
providing equivalent space elsewhere in the
development.
(d) That the proposed private open space is reason-
ably adaptable for use for park and recreation-
al purposes , taking into consideration such
factors as size, shape, topography, geology,
-access , and location of the private open space
land; and
(e ) That facilities proposed for the open space
are in substantial accordance with the provis-
ions of the Parks, Open Spaces , Schools and
Recreational -element of the master plan and.
are approved by the City Council; and
(f) Any facility for which consideration is paid
by the public for its use shall not be credit-
ed as private open space, except as hereinafter
described under Section 9745.2 "CREDIT FOR
SPECIAL FACILITIES" .
(g) Any waterways iihibh are used by the public but
without facilities for public docking of boats
or beach or waterfront accessible to the pub-
lic adjacent to the waterways shall not be cred-
ited as private open space, except as herein-
after described under Section 9745.2 "CREDIT
FOR SPECIAL FACILITIES."
14,
Ord. No. 1238
S. 9745.2 CREDIT FOR SPECIAL FACILITIES . When, in the design
of a eve opment, space such as a golf course or
waterways , the developer may be given credit equivalent, either
wholly or partially, to a community park(s) for such facility,
provided such special facility is restricted to its initial
purpose. In the event such facility is terminated, the owner
thereof shall be obligated, at that time, to satisfy the initial
requirements for which the credit was given.
S. 9745.3 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT. Where
the developer 2esires to improve an or elop public
or private open space facilities , and at the City's discretion,
such costs may be credited, either wholly or partially, toward the
payment of the fees as set forth in Section 9744.2.
S. 9746 CHOICE OF LAND OR FEE.
S. 9746. 1 PROCEDURE. The procedure for determining whether
the dev per is to dedicate land, pay a fee or a
combination of both, shall be as follows :
S. 9746.2 DETERMINATION. Whether the City accepts land dedic-
ation or elects to require payment of a fee in lieu
thereof, or a combination of both, shall be determined by con-
sideration of the following:
(a) The Parks, Open Spaces , Schools and Recreational element
of the City's Master Plan; and
(b) Topography, geology, access and location of land in the
subdivision available for dedication; and
(c) Size and shape of the development and land available for
dedication.
S. 9746.2. 1. The determination of the City as to whether land
shall be dedicated, or whether a fee shall be charged,
or a combination of both, shall be final and conclusive. On
developments involving five (5) acres or less only the payment of
fees may be required.
S. 9746.3 DEVELOPER. The owners of the property (developer) ,
if Fie desires to dedicate property for park and
recreational purposes shall, prior to filing the plot plan for
approval, check with the City to determine whether or not his
property lies within the City's Master Plan for Parks , Open
Spaces , Schools and Recreational Facilities .
15.
Ord. 1238
S. 9746.3.1 If his property lies within the City's Mas-
ter Plan for neighborhood parks, he shall
coordinate with the necessary departments in the design of his
development.
S. 9746. 3.2 If his land does not lie within the City's
Master Plan for neighborhood parks, he will
be required to pay a fee in lieu of dedication of land.
S. 9747 ACTION OF CITY. Prior to the time of Plot
Plan approval, the Building Director shall
transmit said plan to the Planning Commission for review. The
Planning Commission shall determine whether to require dedica-
tion of land within the development, payment of a fee in lieu
thereof, or a combination of both.
S48 PREREQUISITES FOR APPROVAL OF BUILDING
PERMIT. Where dedication is required it
shall be accomplisherT prior to issuance of the building permit.
Where fees are required the same shall be deposited with the
City prior to the issuance of the building permit.
S. 9749 COMMENCEMENT OF DEVELOPMENT. The City shall
begin development of the recreation facili-
ty within five (5) years from the time of final inspection of
the development„by Building Department.
Section 5. The City Clerk shall certify to the pass-
age and adoption .of this ordinance and shall cause the same
to be published by one insertion in the Huntington Beach News,
a weekly newspaper printed, published and circulated in the
City of Huntington Beach, California, and thirty days there-
after the same shall take effect and be in force.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach,- California, on this 15th day of August
1966.
or
ATTE
City Cj4fk APPROVED AS TO FORM:
GEORGE SHIBATAt
Asst.City Attorney
16.
Ord. No. 1238
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I , PAUL C . JONES, the duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular meeting
thereof held on the 1st day of August , 19 66 , and
was again read to said City Council at a regular meeting thereof
held on the 15th day of August 19 66 , and was
passed and adopted by the affirmative vote of more than a
majority of all the members of said City Council .
AYES : Councilmen:
Coen, Bartlett , Kaufman, Green, Stewart
NOES : Councilmen
None
ABSENT : Councilmen:
Gisler, Shipley
I,'PAUL C. JONES, CITY CLERK
of the City of Huntington Beach
and ex officio Clerk of the CityC:� '
Council, do hereby certify that City Clerk gai" ex-o f f i c i o Clerk
this.ordinance has been published of the Ci't_y Council of the City
in the Huntington Beach News on of Huntington Beach, California
In accord rice with the City Charter
of said Cily.
.---....-....-.......__..._.......................... ••
City Clerk
Deputy City Clerk