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Home My WebLink AboutOrdinance #2143 ORDINANCE NO. 2143 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9741. 4, 9961. 2, 9961. 6, 9961. 7, 9961. 8, 9961.14, PERTAINING TO MODIFI- CATION OF THE BASIS FOR COLLECTION OF PARK AND RECREATION FEES 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 Sections 9741. 4, 9961. 2, 9961. 6, 9961. 7, 9961. 8 and 9961.14, to read as follows : 9741. 4 AMOUNT OF FEE IN LIEU OF LAND DEDICATION. (a) Where a fee is required to be paid in lieu of land dedi- cation, 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 average 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 . 9961. 2 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 and 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 Dark 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 been dedicated in excess of the requirement, the major landowner shall be given credit for excess on subsequent projects within the adopted comprehensive plan. JOC!e.r 1 . For the purpose of this article, a major land development project shall be any land development project exceeding forty (40) acres in size. (b) Where development is proposed for construction in incre- ments, a schedule for providing the park and recreation facilities shall be submitted for approval by the city. 9961.6 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 9961.4 hereof, in an amount determined in accordance with the provisions of Section 9961.8 hereof, such fee to be used for a park which will serve the residents of the area being sub- divided. (b) Use of Money. The money collected hereunder shall be used for the purpose of providing park or recreational facilities 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 . 9961.7 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 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 9961. 8 hereof shall be paid for any additional land that would have been required to be dedi- cated pursuant to Section 9961.4 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 pursuant to the pro- visions of Section 9961.4 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. 2. 9961. 8 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 9961. 4 hereof, which amount is the average 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 . 9961.14 PROCEDURE. At the time of approval of the tentative subdivision map, the Planning Commission shall determine pursuant to Section 9961.10 hereof whether land shall be dedicated or whether fees shall be paid by the subdivider, or whether the subdivider shall both dedicate land and pay fees, the total of such dedication and/or fees not to exceed the formula provided by this article. The subdivider shall dedicate such land and/or pay such fees at the time of recordation of the final subdivision map . 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 th #_W0f held on, the loth day of December 1976. f �y ATTEST: Mayor Pro Tempore REVIEWED AND APPROVED: APP ED AS TO FORM: CiA Administrators City Attorney INIT 'A ED AND AP 0 ED A TO CONTENT' '1 - _._._ 3. Ord. No. 2143 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTING'TON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member-s 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 6th day of December 19 76 , and was again read to said City Council at a regular meeting thereof held on the 20th day of December , 19 76 , 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, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES., Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City of Huntirraon Beach and ex-officio Clerk of the City Council, d�) hereby certify that this ordinance ha: been published in the Huntington Beach News j 19 .. In Ccor-iance with the City Charter of said City. ALICIA M. WE1V:i W R7H CityClerk ' . .---- ........ Deput' ity Clerk