HomeMy WebLinkAboutOrdinance #1597 ORDINANCE NO . 1597
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING ARTICLE 998 THEREOF PERTAINING TO
PARKS 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 998 to read as follows :
9980 . RECITALS . That the City Council of the City of
Huntington Beach does hereby find, determine and declare as follows :
9980 . 1. In 1965, the Legislature of the State of California
amended the Subdivision Map Act (Section 11500 et . seq . of the
Business and Professions Code) to enable cities and counties to
require either the dedication of land, the payment of fees , or a
combination of both, for park or recreational purposes as a condi-
tion of approval of a subdivision map.
9980 . 2 . The City Council of the City of Huntington Beach
has adopted a master plan containing a recreational element, estab-
lishing definite principles and standards for the park and recrea-
tional facilities to serve its residents in compliance with
Section 11500 et . seq. of the Business and Professions Code .
9981 . SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL
FACILITIES .
9981. 1 . Every residential subdivider who subdivides land
shall dedicate a portion of such land, pay a fee in lieu thereof,
or do 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 subdivision.
9981 . 2 . When a proposed subdivision is a part of a major
land development project and the owner of such land proposes to
permit development by several subdividers , provisions for park
and recreational facilities shall be made by the major landowner
through the adoption of a comprehensive plan and not by the
individual developers . Where park and recreation facilities have
1.
been dedicated in excess of the requirement , the major landowner
shall be given credit for excess on subsequent projects within
the adopted comprehensive plan.
For the purposes of this article, a major land development
project shall be any land development project exceeding forty ( 40)
acres in size.
9981 . 3 . Where development is proposed for construction in
increments , a schedule for providing the park and recreation
facilities shall be submitted for approval by the city .
9982 . APPLICATION . The provisions of this article shall
apply to all residential subdivisions , as that phrase is defined
in Section 11500 et . seq. of the Business and Professions Code of
the State of California.
9983 . RELATION OF LAND REQUIRED TO POPULATION DENSITY .
It is hereby found and determined:
9983 . 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 .
9983 . 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 school sites adjacent to the proposed park for
each one thousand (1, 000) persons residing within the city .
9983 . 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.
9984 . 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 (8) 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 :
2 .
1 . Single or bachelor
2 . One bedroom
3 . Two bedroom
4 . Two bedroom with den
5 . Three or more bedrooms
For the purpose 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 additional 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 as 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 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 an
additional room can be converted to a bedroom, such room shall be
considered a bedroom.
9984 . 1. DETERMINATION OF THE NUMBER OF DWELLING UNITS
AND BEDROOMS.
9984 . 1 . 1. The total number of dwelling units shall be
determined by the number of units proposed for construction. When
the actual number of units is unknown the number of such units
shall be based on the maximum number of units which are permitted
by the city on the property included in the subdivision at the
time the final tract map is filed with the City Council for approval .
9984 . 1 . 2 . The actual number of bedrooms shall be that number
of such rooms as determined from the building plans filed with the
Building Department . If the Board of Zoning Adjustment determines
that any room exceeding one hundred eighty (180) square feet can
be converted into two or more bedrooms , such bedroom shall be
considered two or more bedrooms .
9985 . AMOUNT OF LAND TO BE DEDICATED AND/OR FEE REQUIRED.
9985 . 1 . AMOUNT OF LAND TO BE DEDICATED. The amount of
land required to be dedicated by a subdivider pursuant to this
section shall be based on the following formula:
9985 . 1 . 1. A = 2 . 5 (D.F . x D.U. )
1000
3.
9985 . 1. 2 . DEFINITION OF TERMS .
A The area in acres required to be
dedicated as park sites or to be
appraised for fee payment in lieu
of dedication.
D.F. Density factor obtained from Section
9984 as applicable to the proposed develop-
ment .
2 . 5 Number of acres per 1000 persons .
1000 Number of persons .
9985 . 2 . AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
9985 . 2 . 1. Where a fee is required to be paid in lieu of
land dedication, such fee shall be equal to an amount based on
the median, fair-market value of the land in all neighborhood
public parks within the city if such land were not used for or
zoned for park or recreational purposes .
9985 . 2 . 2 . Fair-market value shall be determined by a
qualified real estate appraiser by periodic appraisal of neighbor-
hood park properties within the city . Such appraisal shall
exclude improvements and shall be adopted by resolution.
9985 . 2 . 3 . If the subdivider objects to such valuation, he
may, at his expense, obtain an appraisal of said park property
by a qualified real estate appraiser . Said appraisal may be
accepted by the City Council if found reasonable .
9985 . 2 . 4 . The city and subdivider may agree as to the •
fair-market value .
9985 . 3 . COMBINATION OF LAND AND FEE .
9985 . 3 . 1 . In determining whether a subdivider shall dedi-
cate land, pay a fee in lieu thereof, or a combination of both,
the following procedure shall be used:
9985 . 3 . 2 . Subdividers required to or desiring to dedicate
property for park and recreational purposes shall, prior to filing
a tentative map for approval , check with the city to determine
whether their property lies within the city ' s Master Plan for
Parks , Open Spaces, Schools and Recreational Facilities .
9985 . 3 .3 . If a subdivider' s property is shown on said
master plan for neighborhood parks , he shall coordinate his
subdivision with the necessary departments to incorporate the
park site (s ) into such subdivision .
4 .
9985 . 3 . 4 . If the subdivider' 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
subdivider shall coordinate his subdivision with the necessary
departments to incorporate the park site(s ) into such subdivision.
The intent of this section is to locate neighborhood parks adjacent
to elementary schools .
9985 . 3 . 5 . If the subdivision involves fifty (50) lots
or less , and if a park site is shown on the Master Plan of Parks,
Open Spaces , Schools and Recreation, the developer shall reserve
land for a park site and enter into negotiations with the city
for purchase of said property .
9985. 3 . 6 . If the subdivision involves fifty (50) lots or
less , and a park site is not required, the developer shall pay
a fee in lieu of land dedication.
9986 . ACTION OF CITY. At the time of 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.
9986 . 1. DETERMINATION. Whether the city accepts land
dedication, requires payment of fees in lieu thereof, or a com-
bination of both, shall be determined by consideration of the
following factors :
(a) The Parks , Open Spaces , School and Recreational
Element of the city ' s Master Plan.
(b ) Provisions of subsection 9985 . 3 . 4 of this article.
(c ) Topography , geology , access and location of
land in the subdivision available for dedication.
(d) Size and shape of the subdivision and the land
available for dedication .
9986 . 2 . The determination of the city that land shall be
dedicated or a fee paid in lieu thereof, or ' a combination of both,
shall be final and conclusive .
9987 . CREDITS
9987 . 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 a subdivision
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 requirements . Said special facility shall
5 .
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 .
9987 . 2 . CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT.
When the subdivider desires to improve and/or develop dedicated
park sites , the costs of such facilities may be credited toward the
payment of fees required by this article at the discretion of the
City Council .
9988 . PREREQUISITES FOR APPROVAL OF FINAL MAP .
When dedication is required it shall be accomplished in accordance
with the provisions of the Subdivision Map Act . When fees are
required the same shall be deposited with the city Planning
Department prior to recordation of the final tract map . Open space
covenants for private park or recreational facilities shall be
approved by the City Attorney' s office and the Planning Department
prior to approval of the final tract map by the City Council and
shall be recorded simultaneously with the final tract map .
9989 . STATEMENT OF CITY RESPONSIBILITY.
9989 . 1 . COMMENCEMENT OF DEVELOPMENT. The city shall
begin development of park and recreational facilities within five
(5) years from the time of final inspection and acceptance of
tract improvements by the City Council .
9989 . 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, sub-
division, paragraph, sentence , clause or phrase thereof, irre-
spective of the fact that any one or more sections , subsections ,
subdivisions , paragraphs , sentences , clauses or phrases be declared
unconstitutional .
SECTION 2 . No fees under this ordinance shall be
deemed waived, and no land dedication shall be deemed waived
or completed by reason of any amendment or repeal of any code pro-
vision 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 news-
6 .
paper 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 l7th
day of August 1970
M
Mayor Pro Tem
ATTEST:
(�?',, (--.p oe-7 t
City rk
APPROVED AS TO FORM:
.........
__. ,,
y Attorney
7 •
Ord. No. 1597
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_LO , 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
I I, PAUL C. JONES, CITY CLERK of the city of Cit n f 1erk
Huntington Beach and ex-officio Clerk of the City Of the City Cotf<cil Of the City
Council, do hereby certify that this ordinance has Of Huntington Beach California
bee published in th Huntington Beach News on g ,
...• G -- 19..ZC2
In acc r ance with the City Charter of said City.
........
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MIM-_C GATDIMS........................
City Clerk
� -+ -'---------
Deputy City Clerk