Loading...
HomeMy WebLinkAboutOrdinance #2545 ORDINANCE NO. 2545 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 974; BY AMENDING SECTIONS 9961. 1, 9961. 2, 9961. 4 THROUGH 9961. 13 , AND 9961. 16 ; AND ADDING THERETO SECTION 9961 .2. 1 RELATIVE TO DEDICATION OF LAND OR PAYMENT OF FEES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Article 974 of the Huntington Beach Ordinance Code i is hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby i amended by amending sections 9961. 1, 9961. 2, 9961. 4 through 9961.13, and 9961. 16 to read as follows : 9961. 1 PURPOSE. This article is enacted pursuant to the authority granted by California Government Code sections 66410 and 66477. 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 Open Space and Conservation Element of the General Plan of the City of Huntington Beach. 9961.2. REQUIREMENTS. Prior to recordation of a final sub- division map for residential purposes or issuance of a building permit if the subdivision map had been approved without dedica- tion and/or in lieu fees, 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, except as pro- vided in section 9961. 2.1. ( 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 rec- reational 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 dedi- cated in excess of the requirement , the major landowner shall be given credit for excess on subsequent projects within the adopted comprehensive plan. ahb 9/11/81 1. 1/12/82 8/6/82 For the purpose of this article, a major land development shall be a land development project exceeding forty (40) acres in size. (b) A major land development may receive credit for pro- viding open space pursuant to section 9961. 11 or 9961. 12 but not for both. ( c) Where development is proposed for construction in in- crements , a schedule for providing the park and recreation facili- ties shall be submitted for approval by the city. This article shall not apply to : ( i) Alterations or additions to an existing dwelling unit unless such alterations or additions create an additional dwelling; and ( ii) The replacement of a structure that has been demolished or destroyed provided that such replacement structure is in a classification similar to the structure demolished or destroyed. 9961.4. STANDARDS AND FORMULA FOR DEDICATION OF LAND. Where a park or recreational facility has been designated in the city' s Open Space and Conservation Element of the General Plan 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 : (b) A - the area in acres required to be dedicated as a park site or to be appraised for fee payment for the sub- division. ( 2) D.F. - density factor obtained from section 9961. 5 as applicable to proposed subdivision. ( 3) 5 .0 - number of acres per one thousand 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 totalled. 2. 9961.5. POPULATION DENSITY. For the purpose of this article, an annual review by the Department of Development Services 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 subdivision. 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 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 subdivi- sion 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, because 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. 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 Open Space and Conservation Element of the General Plan, 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 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. 9961.7 . CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE. In subdivisions of over fifty lots , the subdivider shall both dedi- 3• i Fr, cate 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 Open Space and Conservation Element as the site for a park, such portion shall be dedicated for park purposes and a fee computed pursuant to the provisions of sec- tion 9961.8 hereof shall be paid for any additional land that would have been required to be dedicated 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 provisions of section 9961.4 hereof, such fees- to be used for the improvement of the existing park and rec- reational facility or for the improvement of other parks and recreational facilities serving the subdivision. 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 R1-zoned 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 park properties in the city shall. be determined every two years by a qualified real estate appraiser. Such appraisal shall exclude improvements . 9961.9 . SUBDIVISIONS NOT WITHIN GENERAL PLAN. Where the proposed subdivision lies within an area not within the city' s General Plan but scheduled to be so included, the subdi- vider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with adopted park and recreational principles and standards of the city' s General Plan and in accordance with the provisions of this article, and the General Plan shall be amended within 120 days following approval of the tentative tract map to include said subdivision and any previously unin- cluded park for which subdivision there was a dedication of land and/or a payment of fees . 9961.10. 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: 4. (a) Open Space and Conservation Element of the city' s General Plan; (b) Topography, geology, access and location of land in the subdivision available for dedication; (c) Size and shape of the subdivision and land available for dedication; (d) The feasibility of dedication; ( e) Compatibility of dedication with the city ' s Open Space and Conservation Element of the General Plan; 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. 9961.11. CREDIT FOR PRIVATE OPEN SPACE. Up to 50 percent credit may be given for private open space within a subdidivision provided the following conditions are met : (a) That yard, court areas, setbacks and other open space areas required to be maintained by the zoning and building regu- lations shall not be included; and ( b) That the private ownership and maintenance of open space is adequately provided for by written agreement; and ( c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated with- out the consent of the City Council; and (d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; and ( e) That facilities proposed for the open space are in substantial accord with the provisions of the Open Space and Conservation Element of the General Plan, and are approved by the City Council. 9961. 12. CREDIT FOR SPECIAL FACILITIES . When a major land developer' s ( forty (40) acres or more) master plan of de- velopment allocates space for a golf course and/or navigable 5. 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 require- ments of this article not to exceed 50 percent credit on resi- dential 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. 9961.13. CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT . When dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act (Government Code sections 66410 et seq. ) . When fees are required the same shall be deposited with the city Department of Development Services prior to recordation of the final tract map . Open space cove- nants for private park or recreational facilities shall be approved by the City Attorney and the Department of Development Services prior to approval of the final tract map by the City Council and shall be recorded simultaneously with the final tract map . 9961. 16. EXEMPTIONS . The provisions of this article shall not apply to the following: (a) Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condi- tion may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (b) Industrial subdivisions . ( c) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (d) Parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses. ( e) Only the payment of fees may be required in subdivisions containing fifty ( 50) parcels or less. 6. SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding thereto section 9961 .2. 1 to read as follows : 9961.2. 1 . OPTION TO DEFER FEES. A subdivider may request, prior to the recordation of a final tract map, that the payment of in lieu fees be deferred until the issuance of a certificate of occupancy or final inspection of the first unit of the first phase, whichever comes first . Neither a certificate of occu- pancy nor inspection of the first unit shall be granted until the in lieu fees are paid. Prior to approval of such request for deferral, the sub- divider shall submit, in a form approved by the City Attorney and acceptable to the City Council, surety in a sum equal to the amount of in lieu fees due. This section shall not apply to developments which do not require a tract map. SECTION 4. This provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enact- ments . SECTION 5. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7TH day of September 1982. Mayor ATTEST: APPROVED AS TO FORM: ' • for City Clerk City Attorney REVIEWE APPROVED : INITIATED AND APPROVED: g___ City Administrator erector f Development Services 7. INITIATED AND APPROVED: C mm nity ervices Director 8. Ord. No. 2545 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON 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 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 lh+h day of allaust 19 82, and was again read to said City Council at a regular meeting thereof held on the 7th day of September 19 82 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Thomas. MacA11 i star' Mandic. Fi nl py, Rai l py, Kpl l y NOES: Councilmen: Nnna ABSENT: Councilmen: Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M Wentworth CITY CLERK of the City of Huntington Beach and ex-offiilo Clerk of the City Count;!, do hereby certify tt,at a synopsis of this ordinance -.as been putllshed in the HuntitNiton Beach int'epe,««dent on in dance v,ith tt'e City Charts. of said City. l�c �4...:11�..'.. Ew o f.l�............ City Clerk . ........ Dewar City Clerk