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HomeMy WebLinkAboutOrdinance #1797 L ORDINANCE NO . 1797 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS 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 . PURPOSE. This article is enacted pursuant to the authority granted by Sections 11510 and 11546 of the Busi- ness and Professions Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of fees is required by this article are in accordance with the recreational element of the Master Plan of the City of Huntington Beach. 9980 .1. REQUIREMENTS . Prior to recordation of a final 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 article. (a) 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 indi- vidual developers . Where park and recreation facilities have been dedicated in excess of the requirement, the major land- owner shall be given credit for excess on subsequent projects within the adopted comprehensive plan. For the purpose of this article, a major land develop- ment project shall be any land development project exceeding forty (40) acres in size. (b) Where development is proposed for construction in increments , a schedule for providing the park and recreation 1. facilities shall be submitted for approval by the city . 9980 . 2. GENERAL STANDARD. It is hereby found and deter- mined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1000 persons residing within this city be devoted to park and rec- reational purposes . 9981. STANDARDS AND FORMULA FOR DEDICATION OF LAND. Where a park or recreational facility has been designated in the city 's Master Plan of Parks , Open Spaces , Schools and Rec- reational Facilities , an element of the Master 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 park. The amount of land to be dedicated shall be determined pursuant to the following standards and formula: (a) A = 5 . 0 (D.F . x No . D .U. )* 1000 (b ) Definitions of Terms : (1) A - the area in acres required to be dedicated as a park site or to be appraised for fee payment for the subdivision. (2) D. F. - density factor obtained from Section 9981. 1 as applicable to proposed subdivision. (3) 5 . 0 —number of acres per 1000 persons . (4) No. D.U. - number of dwelling units proposed in the subdivision. *When a proposed subdivision contains dwelling units with different density factors , the formula shall be used for each such density factor and the results shall be totaled. 9981. 1. POPULATION DENSITY . For the purpose of this article, an annual review by the Planning Department of the latest available population and housing data for the City of Huntington Beach from federal, state, or city records or files shall be used in determining the density factor for the pro- posed subdivision. The density factor for a type of residential unit shall be determined by dividing the number of persons residing in the 2 . City of Huntington Beach in such units by the number of such units . The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this article that the maximum number permissible by law will be constructed. The number of bedrooms in each unit of a proposed subdi- vision shall be determined from the building plans filed, and shall include as bedrooms all rooms , however labeled on the plans, other than living rooms, dining rooms , kitchens, and bathrooms , which are suitable for use as or are suitable for conversion to bedrooms . The number of bedrooms attributable to a unit shall include not only those areas so labeled on the plans , but may include as well any area in a dwelling unit which, be- cause of its size, location, facilities , or relationship to other areas of the dwelling unit, is deemed divisible so as to create one or more additional bedrooms . 9981. 2. FORMULA FOR FEES IN LIEU OF LAND DEDICATION. (a) General Formula. If there is no park or recreational facility designated in the city 's Master Plan of Parks , Open Spaces , Schools , and Recreational Facilities , 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, or if the proposed subdivision contains fifty (50) parcels or less , the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 9981 hereof, in an amount determined in accordance with the provisions of Section 9981 . 4 hereof, such fee to be used for a park which will serve the residents of the area being subdivided. (b ) Use of Money . The money collected hereunder shall be used for the purpose of providing park or recreational facili- ties reasonably related to serving the subdivision by way of the purchase of necessary land, or if it is deemed by the city that there is sufficient parkland available for the subdivision, for improving of such land for park and recreational purposes . 9981. 3. CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE. 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 on the city 's Master Plan of Parks , Open Spaces , Schools 3 . and Recreational Facilities as the site for a park, such portion shall be dedicated for park purposes and a fee computed pursuant to the provisions of Section 9981. 4 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section 9981 hereof. (b ) When a major part of the 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 pur- suant to the provisions of Section 9981 hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other parks and recreational facilities serving the subdivision. 9981. 4 . AMOUNT OF FEE IN LIEU OF LAND DEDICATION. (a) Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated by Section. 9981 hereof, which amount is the median fair market value per acre of the land in all neighborhood public parks within the city if such land were not used for or zoned for park or recre- ational purposes . (b ) Fair market value of the land in such neighborhood parks shall be determined by a qualified real estate appraiser by periodic appraisal of neighborhood park properties within the city . Such appraisal shall exclude improvements . 9981. 5 . SUBDIVISIONS NOT WITHIN MASTER PLAN. Where the proposed subdivision lies within an area not then within the city' s Master Plan but scheduled to be so included, the sub- divider 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 Master Plan and in accordance with the provisions of this article , and the Master Plan shall be amended within 120 days following approval of the tentative tract map , to include said subdivision and any previously unincluded park for which subdivision there was a dedication of land and/or a payment of fees . 9981 .6 . DETERMINATION OF LAND OR FEE. 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) Recreational element of the city ' s Master Plan; (b ) Topography, geology, access and location of land in 4 . the subdivision available for dedication; (c) Size and shape of the subdivision and land available for dedication; d feasibility ( ) The h of dedication; Compatibility(e) of dedication with the city s Master Plan of Parks , Open Spaces , Schools and Recreational Facilities ; and (f) Availability of previously acquired park property . The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive . 9981. 7 . CREDIT FOR PRIVATE OPEN SPACE. No credit shall be given for private open space in a subdivision. 9981. 8. CREDIT FOR SPECIAL FACILITIES . When the developer's master plan of development allocates space for a golf course and/or navigable channels (hereinafter called special facilities) designed to serve both the residents of a subdivision and the general public , the developer may be credited for supplying a portion of the re- quirements of this article not to exceed fifty percent (50%) credit on residential units that abut such special facility only . 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 . The City Council shall adopt by resolution criteria which shall set forth standards respecting the size, shape and location of such special facilities before any credit may be given pursuant to this section. 9981 . 9 . CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT. 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 De- partment prior to recordation of the final tract map . Open space covenants for private park or recreational facilities shall be approved by the City Attorney 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 . 9981. 10 . PROCEDURE . At the time of approval of the tenta- tive subdivision map, the Planning Commission shall determine pursuant to Section 9981 . 6 hereof whether land shall be dedicated or whether fees shall be paid by the subdivider, or whether the 5 . subdivider shall both dedicate land and pay fees , the total of such dedication and/or fees not to exceed the formula pro- vided by this article . The subdivider shall dedicate such land and/or pay such fees at the time of recordation of the final subdivision map . 9981. 11. COMMENCEMENT OF DEVELOPMENT. At the meeting following recordation of the final subdivision map , the City Council shall specify when development of the park or recrea- tional facilities shall be commenced. 9981 .12 . INDUSTRIAL SUBDIVISIONS . The provisions of this article shall not apply to industrial subdivisions . 9982 . SEVERABILITY. If any section, subsection, sen- tence , clause , phrase or portion of this article, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the va- lidity of the remaining portions of this article, or any fu- ture amendments or additions hereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence , clause , phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections , subsections , clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 2 . 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- 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 18th day of December, 1972. ,ram 00, Mayor ATTEST: APPROVED AS TO FORM: City r ';-=City Attorney 6 . Ord. No. 1797 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 4th day of December 19__Z2 , and was again read to said City Council at a regular meeting thereof held on the 8th day of December , 19 72 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Ma.tney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and officio Clerk of the City Council of the City of Huntington Beach, California I. PAUL C. JONES, CITY CLERIC of the t)ity 0} Huntington Beach and ar.,r- 1ty Council, do hereby certii, been published in the Hu , ,; 1- -n --------------------------- In accordance with the City ity ------- 04 Clark