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HomeMy WebLinkAboutOrdinance #3562 1Yt�n1�N'r? ab—a3-0x ORDINANCE NO. 3562 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 254 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE DEDICATION AND RESERVATIONS OF LAND PARCELS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2154.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 254.08 Parkland Dedication A. General. This Section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City including the power to zone and the power to implement open space and recreational elements of the General Plan. This Section is adopted to implement the provisions of the Quimby Act which authorizes the City to require the dedication of land for park and recreational_facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision. The park and recreational facilities for which dedication of land and/or payment of an in-lieu fee as required by this Section are in accordance with the policies, principles and standards for park, open space and recreational facilities contained in the General Plan. The general purposes and objectives of this Section are: 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; 3. To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; 5. To ensure that adequate park and recreational facilities will be provided; 6. To provide regulations requiring five usable acres, or the proportionate share thereof, having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. GAORDINANCI0I Zoning OrM2 Zoning Ordlchap 254.doc5/14/02 1 Ord. No. 3562 B. Requirements. The requirements of this Section shall be complied with by the dedication of land, payment of 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 Section. The amount and location of land dedicated or the fees to be paid, or both, shall be used for acquiring, developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this Section shall be construed to provide the land for passive and active recreation, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks, playf elds, community or regional parks, lakes, picnic areas, tree groves or urban forests, and other specialized recreational facilities that may serve residents of the City. Principal consideration shall be given therefore to lands that offer: 1. A variety of recreational potential for all age groups; 2. Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach. 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking, riding and bicycle trails,natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. C. General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A = 5.0 (DF x No. DU) 1000 I. Definitions of terms: GAORDINANOOI Zoning Ord102 Zoning Ordlchap 254.doc5/14/02 2 Ord. No. 3562 a. A - the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. b. DF - density factor as determined pursuant to Section 254.08(E). c. 5.0 - number of acres per one thousand persons. d. No. DU- number of dwelling units proposed in the subdivision. 2. 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. 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. E. Density. The amount of land dedicated or fees paid shall be based upon residential density,which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be derived from the most recent available federal census or state or City population and housing data. 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 chapter that the maximum number permissible by law will be constructed. F. Standard Improvements. The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements that may be imposed by the City. The subdivider may, at the time of the approval of the tentative map, be obligated by condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council, whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. G. Formula for Fees in Lieu of Land Dedication. 1. General Formula. Whenever the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a fee in lieu of dedication equal to the value of the G:IORDINANC10l Zoning Ord102 Zoning Ordlchap 254.doc5/14102 3 Ord. No. 3562 land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(I). 2. Fees in Lieu of Land - 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(I). When a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. 3. Use of Fees. The fees paid to the City pursuant to this Section and the interest accrued from such fees shall be used, in accordance with the schedule developed pursuant to Section 254.08(M), for the purpose of acquiring, developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. All fees collected pursuant to this Section shall be transferred for deposit into a separate fund and used solely for the purposes specified in this Section. All monies deposited into the fund shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall be submitted to the Director in accordance with the procedures set forth in Section 254.08(P). 4. Standard Improvements. When the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full City standards, stubbing in of utility line services to the park facility, and all standard improvements required by the City for residential subdivisions. H. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). GAORDINANMI Zoning Ord102 Zoning Ordlchap 254.doc5/14/02 4 Ord. No. 3562 2. When a major part of the local 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 portion shall be dedicated, and a fee, computed according to Section 254.08(I) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.08D. Fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers ("Qualified Real Estate Appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. If the subdivider objects to the fair market value as determined by the Qualified Real Estate Appraiser, the subdivider may, at his own expense, retain another Qualified Real Estate Appraiser to complete a second appraisal. If the City disputes the fair market value as determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions consisting of three or fewer parcels. If the proposed subdivision contains three (3) or fewer parcels, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by the Director after consideration of the following: 1. Policies, standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; GAORD1NANC101 Zoning Ord102 Zoning Ordlchap 254.doc5/14/02 5 Ord. No. 3562 4. Feasibility of dedication; 5. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by the City as to whether Iand shall be dedicated, or whether a fee shall be charged, or a combination of both, shall be final and conclusive. K. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F), the value of the improvements together with any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development,which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; 4. 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; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. L. Procedure. 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map. G:\O12DINANC101 Zoning Ord102 Zoning Ord\ehap 254.doc5/14/02 . . .. ... ..... .. .. ... . Ord. No. 3562 M. Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how, when, and where it will use the land or fees, or both,to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program.. N. Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2)to condominium projects or stock cooperatives that 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. O. Exern tp ions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed, or other Iegally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-in-interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. P. Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this Section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance. Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified: 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.08(G)(3) for a given number of dwelling units; and G:IORDINANC101 Zoning Ord102 Zoning Ordlchap 254.doc5/14/02 7 i Ord. No. 3562 2. That the local park requirement for the dwelling units in question had been met by actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or 3. The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid. SECTION 2. This ordinance shall become effective 30 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 17 th day of June , 2002. Mayor ATTEST: APPROVED AS TO FO City Clerk City Attorney REVIEWED AND APPROVED: INITI ED AND APPROV City A ministrator Planning Director G:IORDINANC101 Zoning Or&02 Zoning Ordlchap 254.doc5/14/02 8 Ord. No. 3562 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 June,2002, and was again read to said City Council at a regular meeting thereof held on the 17th day of June,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Boardman, Cook,Houchen,Winchell,Bauer NOES: None ABSENT: Dettloff ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on TileC�l7 , 2002 In accordance with the City Charter of said City City Clerk and ex-off cio Clerk Connie Brockway,City Clerk of the City Council of the City Qenuty Citv Clerk of Huntington Beach, California ..... .