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HomeMy WebLinkAboutOrdinance #1596 ORDINANCE NO. 1596 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF PERTAINING TO PARK AND RECREATIONAL FACILITIES . The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Article 974 to read as follows : 9740 . INTENT. This article is intended to provide a means for implementing the Parks, Open Spaces , Schools and Recreational Element of the Master Plan of Land Use which establishes definite principles and standards for park and recreational facilities to serve the residents of Huntington Beach. 9741 . DEVELOPERS OR PERSONS MUST PROVIDE PARK AND j 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 combination of both, as set forth in this article 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 to an existing dwelling unit , provided said alteration or addition does not create an additional dwelling unit . 9742 . APPLICATION. The provisions of this article shall apply to all residential developments . 9743 . RELATION OF LAND REQUIRED TO POPULATION DENSITY . It is hereby found and determined: 9743 . 1. That the public interest , covenience, 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 . 4 1. _, i 9743 . 2 . That said requirement will be satisfied in part by arrangements between the city and the local school districts to make available for park and recreation purposes, one and one-half (1 1/2) acres of property for each one thousand (1,000) persons residing within the city. 9743 . 3 . That the remaining two and one-half (2 1/2) acres of the required four (4) acres shall be supplied as required by this article . 9744 . POPULATION DENSITY. For the purpose of this article , population density shall be established by resolution of the City Council on the basis of the most recent data available in the form of the Federal or State census or records of the City of Huntington Beach. Such density shall be determined according to the following: (a) Low Density Residential Areas . All residential areas where there are eight ( ) or less units per gross acre, minus area devoted to open or public land. (b ) Multiple Family Residential Areas . All residential areas where there are more than eight ( ) units per gross acre, minus areas devoted to open or public land, in which case the density shall be according to the type of dwelling unit as follows : 1 . Single or bachelor 2 . One bedroom 3 . Two bedroom 4 . Two bedroom with den 5 . Three or more bedrooms For- the purposes of this section, when a room such as a den, study or sewing room, is provided in conjunction with a single, bachelor, or one-bedroom unit , and said room meets the Uniform Building Code definition of a habitable room, such room shall be considered a bedroom. When a room such as a den, study or sewing room, is pro- vided in conjunction with a two-bedroom unit and said room meets the Uniform Building Code definition of a habitable room, such additional room shall not be considered a den, study or sewing room, but as a bedroom if a wardrobe, closet or similar facility normally found in a bedroom is proposed and if such room is con- structed in such a manner that fifty percent (50%) or less of one wall is open to an adjacent room or hallway . If the Board of Zoning Adjustment determines that a room can be converted to a bedroom, such room shall be considered a bedroom. 2 . (c ) Mobile Home Developments . 9744 . 1 . NUMBER OF DWELLING UNITS OR BEDROOMS . The total number of dwelling units or bedrooms shall be determined by the number of units or bedrooms proposed to be constructed by the developer. The actual number of bedrooms shall be as shown on the building plans filed with the Building Department . 9745. 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: 9745. 1 . AMOUNT OF LAND TO BE DEDICATED . The amount of land to be dedicated by a developer shall be based on the following formula : (a) A = 2 . 5 (D.F. x No . D.U. ) 1000 (b ) Definition of Terms : 1. A - The area in acres required to be dedicated as park sites or to be appraised for fee payment for the development . 2 . D . F . - Density factor obtained from Section 9744. 4 as applicable to proposed development . 3 . 2 . 5 - Number of acres per 1000 persons . 4 . No . D.U. - Number of dwelling units proposed in the development . 9745. 2 . AMOUNT OF FEE IN LIEU OF LAND DEDICATION. 9745 . 2 . 1 . When a fee is required to be paid in lieu of dedication, such fee shall be equal to the amount based upon the median, fair-market value of land in all neighborhood public parks within the city if such land were not used for, or zoned for, park or recreational purposes . Such value shall exclude improvements and shall be adopted by resolution. 9745 . 2 . 2 . "Fair-market value" shall be determined in accordance with the following: (a) Periodic appraisal of all neighborhood parks within the city by a qualified real estate appraiser. 3 (b ) If the developer objects to such valuation, he may, at his expense, obtain an appraisal of such neighborhood parks by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable; or (c) The city and developer may agree as to the fair- market value . Procedures for determining value of land shall be developed to meet the particular situation. 9745. 3 • COMBINATION OF LAND AND FEE. 9745 . 3 . 1. PROCEDURE . The procedure for determining whether the developer is to dedicate land, pay a fee or a combina- tion of both, shall be as follows : 9745. 3 . 2 . Developers required to or desiring to dedicate property for park and recreational purposes shall, prior to filing building plans for approval, check with the city to determine whether or not their property lies within the city ' s Master Plan of Parks , Open Spaces , Schools and Recreational Facilities . 9745 . 3 . 3 . If the developer' s property is shown on said master plan for neighborhood parks , he shall coordinate the devel- opment with the necessary departments to incorporate the park site(s ) into such development . 9745. 3 . 4 . If the developer' s property is not shown on said master plan for neighborhood parks and a school site is proposed within or in close proximity to said property, a park site adjacent to said school site shall be developed and the developer shall coordinate his development with the necessary departments to incorporate the park site (s ) into such development . The intent of his section is to locate neighborhood parks adjacent to elementary schools . 9745 . 3 . 5. If the property consists of five (5) acres or less and a park site is shown on the Master Plan for Parks , Open Spaces , Schools and Recreational Facilities , or a school site is proposed within or in close proximity to said property, the developer shall reserve land for a park site and enter into nego- tiations with the city for purchase of said property for park purposes . 9745. 3 . 6 . If the property consists of five (5) acres or less and a park site is not required, the developer shall pay a fee in lieu of land dedication. 4 . 97.46 . 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 dedication of land within the development , payment of a fee in lieu thereof, or a combination of both. 9746. 1. DETERMINATION. 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: (a) The Parks, Open Spaces , Schools and Recreational Element of the city ' s Master Plan; (b) Provisions of Subsection 9745 . 3. 4 of this article; (c ) Topography, geology, access and location of land in the subdivision available for dedication; and (d) Size and shape of the development and land available for dedication. 9746. 2 . The determination of the city that land shall be dedicated, or a fee charged, or a combination of both, shall be final and conclusive . 9747 . CREDITS . 9747 . 1. CREDIT FOR SPECIAL FACILITIES . When the developer ' s master plan of development allocates space for a golf course or waterways designed to serve both the residents of the development and the general public, the developer may be credited for supplying a portion of the requirements of this article not to exceed fifty percent (50%) of such requirement . Said special facility shall be restricted to its initial purpose and shall be permanently devoted or dedicated to use by the general public unless a satisfactory substitute is approved by the city . 9747 . 2 . CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT. When the developer desires to improve and/or develop public , open- space facilities, the cost of such facilities may be credited, either wholly or partially, toward the payment of the fees required by this article at the discretion of the City Council . 9748 . PREREQUISITES FOR APPROVAL OF BUILDING PERMIT. When dedication is required, it shall be accomplished prior to issuance of the building permit . When fees are required, the same shall be deposited with the city prior to the issuance of the building permit . 5 • 9749 • STATEMENT OF CITY RESPONSIBILITY . 9749 . 1. COMMENCEMENT OF DEVELOPMENT. The city shall begin development of the recreation facility within five (5) years from the time of final inspection of the development by the Building Department . 9749 . 2 . SEVERABILITY . If any section, subsection, sub- division, paragraph, sentence, clause or phrase of this article 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 article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irre- spective of the fact that any one or more sections , subsections, subdivision, paragraphs, sentences, clauses or phrases be declared unconstitutional . SECTION 2 . No fees due under this ordinance shall be deemed paid or waived, and no land dedication shall be deemed waived or completed by reason of any amendment or repeal of any code provision by this ordinance . SECTION 3 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17.th day of August , 1970 . yor Pro Tem ATTEST: ity k APPROVED AS TO FORM: City At torn 7. Ord. No. 1596 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 3rd day of August, 19 70 , and was again read to said City Council at a regular meeting thereof held on the 17th day of August , 19 70 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley City Clerk and -officio Clerk 1. PAUL C. JONES, CITY CLERK of the City of of the City Council of the City Huntington Beach and ex-officio Clerk of the City of Huntington Beach, California Council, do hereby certify that this ordinance has be published in t e Huntington Beach News on -------- 19.7& In acco nce with the Cityy Charter of said City. ;PAUL C. ,TONES .....................•---•-----. _ C y Clerk ...__ -- -Deputy City Clerk