HomeMy WebLinkAboutOrdinance #1798 v-.
ORDINANCE NO . 1798
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING ARTICLE 974 THEREOF ESTABLISHING
REGULATIONS FOR DEDICATION OF LAND, PAYMENT
OF FEES, OR BOTH, FOR PARK AND RECREATIONAL
LAND IN RESIDENTIAL DEVELOPMENTS
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 . PURPOSE. PARK AND RECREATIONAL FACILITIES . The
park and recreational facilities for which dedication of land
and/or payment of fees is required by this article are in accord-
ance with the recreational element of the Master Plan of the
City of Huntington Beach .
9740 . 1. REQUIREMENTS . Every residential developer or
person who develops land for residential purposes shall dedi-
cate a portion of such land, pay a fee, or a combination of
both, at the option of the city as set forth in this article,
for the purpose of providing park and recreational facilities
at the time and according to the standards and formula con-
tained in this article.
This article shall not apply to alterations or additions
to an existing dwelling unit, provided said alteration or ad-
dition does not create an additional dwelling unit .
9740 .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 recre-
ational purposes .
9741. 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
Recreational Facilities , an element of the Master Plan of the
city, and is to be located in whole or in part within the pro-
posed development to serve the immediate and future needs of
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the residents of the development the developer shall dedicate
land for a park. The amount of land to be provided 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
development .
(2) D. F. - density factor obtained from Section
9741.1 as applicable to proposed development .
(3 ) 5 .0 - number of acres per 1000 persons .
(4) No . D . U. - number of dwelling units proposed
in the development .
*When a proposed development contains dwelling units with
different density factors , the formula shall be used for each
such density factor and the results shall be totaled.
9741. 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
proposed development .
The density factor for a type of residential unit shall be
determined by dividing the number of persons residing in the
City of Huntington Beach in such units by the number of such units .
The number of dwelling units in a development 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 develop-
ment 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 in-
clude not only those areas so labeled on the plans , but may in-
clude as well any area in a dwelling unit which, because of its
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size, location, facilities , or relationship to other areas of
the dwelling unit, is deemed divisible so as to create one or
more additional bedrooms .
9741. 2 . FORMULA FOR FEES IN LIEU OF LAND DEDICATION.
(a) General Formula. If there is no park and 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 development to serve the
immediate and future needs of the residents of the development,
or if the proposed development contains five (5) acres or less ,
the developer shall, in lieu of dedicating land, pay a fee equal
to the value of the land prescribed for dedication in Section 9741
hereof, in an amount determined in accordance with the provisions
of Section 9741. 4 hereof, such fee to be used for a park which
will serve the residents of the area being developed.
(b) Use of Money . The money collected hereunder shall be
used only for the purpose of providing park or recreational fa-
cilities reasonably related to serving the development by way of
the purchase of necessary land, or if it is deemed by the city
that there is sufficient parkland available for the development ,
for improving of such land for park and recreational purposes .
9741.3 . CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE.
In developments of over five (5) acres , the developer 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 developed is
proposed on the city 's Master Plan of Parks , Open Spaces , Schools,
and Recreational Facilities , as the site for a park, such por-
tion shall be dedicated for park purposes and a fee computed
pursuant to the provisions of Section 9741 .4 hereof shall be
paid for any additional land that would have been required to be
dedicated pursuant to Section 9741 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 development to complete the site,
such remaining portion shall be dedicated and a fee computed
pursuant to the provisions of Section 9741. 4 hereof, such fees
to be used for the improvement of the existing park and recre-
ational facility or for the improvement of other parks and rec-
reational facilities serving the development .
9741. 4. AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
(a) Where a fee is required to be paid in lieu of land
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dedication, such fee shall be equal to an amount for each acre
which would otherwise have been required to be dedicated by
Section 9741 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
recreational 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 .
9741. 5 . DEVELOPMENTS NOT WITHIN MASTER PLAN. Where the
proposed development lies within an area not then within the
city 's Master Plan but scheduled to be so included, the de-
veloper 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 ac-
cordance with the provisions of this article, and the master plan
shall be amended within 120 days following approval of the tenta-
tive tract map, to include said development and any previously
unincluded park for which development there was a dedication of
land and/or a payment of fees .
9741. 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
the development available for dedication;
(c ) Size and shape of the development and land available
for dedication;
(d) The feasibility of dedication;
(e) Compatibility 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 .
9741. 7 . CREDIT FOR PRIVATE OPEN SPACE. No credit shall
be given for private open space in a development .
4 .
9741 . 8 . PROCEDURE. Prior to the issuance of a building
permit , the Planning Director shall determine pursuant hereto
the amount of land to be dedicated and/or fees to be paid by
the developer.
9741.9 . COMMENCEMENT OF DEVELOPMENT. At the time of
approval of the development, any developer making a dedication
or contribution, for a park to be constructed or improved in
the future , shall be advised of the date upon which such con-
struction or improvement is expected to begin.
9741. 10 . INDUSTRIAL DEVELOPMENTS . The provisions of
this article shall not apply to any industrial development .
9742 . SEVERABILITY . If any section, subsection, sen-
tence , clause, phrase or portion of this article , or any fu-
ture 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 pas-
sage 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 2nd
day of January, 1973 .
ti
Mayor
ATTEST: APPROVED AS TO FORM:
ity k "Ility A me
5 .
Ord. Mo.1798
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 18th day of December
19 72 , and was again read to said City Council at a regular
meeting thereof held on the 2nd day of January ,
19 73 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
Bartlett, Gibbs , Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
Cit C er -an -officio Clerk
of the City Co ncil of the City
of Huntington Beach, California
AUL C. JONES, CITY CLERK of th! City d
Huntington Beach avrr ^.,;min Clerk of the City
Council, do her, s t; t s nr6nance has
been pub' it ,i t .';:. €3;ach News on
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in acco c y v U$be-id City.
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