HomeMy WebLinkAboutOrdinance #3960 ORDINANCE NO. 3960
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 254 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO PARKLAND DEDICATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 254.08 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. (3562-7/02)
The general purposes and objectives of this Section are: (3562-7/02)
1. To preserve, enhance and improve the quality of the physical environment of
the City of Huntington Beach; (3562-7/02)
2. To provide a procedure for the acquisition, development and rehabilitation of
local park and recreational facilities; (3562-7/02)
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; (3562-7/02)
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; (3562-7/02)
5. To ensure that adequate park and recreational facilities will be provided;
(3562-7/02)
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. (3562-7/02)
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
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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.
(3562-7/02)
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, playfields, 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: (3562-7/02)
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;
(3562-7/02)
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. DUB
1000
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Ordinance No. 3960
1. Definitions of terms:
a. A- the area in acres required to be dedicated as a park site.
b. DF - density factor as determined pursuant to Section 254.08 (E).
(3562-7/02)
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. (3562-7/02)
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. (3562-7/02)
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. (3562-7/02)
G. Fees in Lieu of Land Dedication. (3562-7/02)
1. General. 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
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Ordinance No. 3960
pay a fee in lieu of dedication according to a schedule adopted by City
Council resolution.
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 according to a schedule adopted by City Council
resolution. 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). (3562-7/02)
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: (3562-7/02)
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 shall be a credit toward the payment of
in lieu fees at the park land acquisition and development cost per acre used to
develop the in lieu fee.
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 shall be
a credit toward the payment of in lieu fees at the park land acquisition and
development cost per acre used to develop the in lieu fee.
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 according to a schedule
adopted by City Council resolution.
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Ordinance No. 3960
Land Acquisition Cost Adjustment Challenge. If the subdivider objects to the
parkland acquisition cost per acre used to develop the in lieu fee pursuant to a
schedule adopted by City Council resolution, the subdivider may, as outlined
below, pay for an appraisal of the property to be developed to see if the fair
market value of the land is less than the park land acquisition cost per acre.
Conversely the City retains the ability to increase the in lieu fee in areas where
the fair market value of land exceeds the park land acquisition cost per acre.
Fair market value of the land shall be determined by a qualified real estate
appraiser who currently holds the MAI designation from the Appraisal Institute
and has been selected and retained by the City at the expense of the subdivider
("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. (3468-8/00,3562-7/02,3827-4/09,3879-6/10)
If the subdivider objects to the fair market value as determined by the Qualified
Real Estate Appraiser, the subdivider may request an appeal by a hearing officer
within ten (10) days. The hearing officer provided for this appeal process shall
be from a list provided by the Director or one selected by the mutual consent of
the parties. The subdivider shall have the burden of proof in contesting the fair
market value appraisal. All decisions rendered by the hearing officer shall be
final for all purposes, and binding upon the parties. If the subdivider does not
request an appeal within ten (10) days, the original decision shall stand, be final
for all purposes, and binding upon the parties. If the deadline falls on a weekend
or a holiday, the deadline extends to the next succeeding working day.
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: (3562-7/02)
1. Policies, standards and principles for park and recreational facilities in the
General Plan; (3562-7/02)
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;
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 land 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
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Ordinance No. 3960
any equipment located thereon shall be a credit toward the payment of fees or
dedication of land required by this Section. (3562-7/02)
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. (3562-7/02)
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. As determined by the City pursuant to this Section,the subdivider shall:
a. Dedicate the land at the time of the recording of the final map or parcel
map, and/or;
b. Pay the fees prior to final building permit approval.
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.
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. (3562-7/02)
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
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Ordinance No. 3960
existing apartment building which is more than five years old when no new
dwelling units are added. (3562-7/02)
O. Exemptions. The following development shall be exempt from the payment of
fees pursuant to this Section: (3562-7/02)
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 restriction,
second trust deed, or other legally 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. (3562-7/02)
Exemptions shall only be granted when the following findings can be made:
(Resolution No.2004-80-9/04)
i. The project meets the minimum on-site private and common open
space requirements; or (Resolution No.2004-80-9104)
ii. The exemption will not individually or cumulatively result in adverse
impacts to public recreational opportunities in the coastal zone; and
(Resolution No.2004-80-9104)
iii. The exemption will not individually or cumulatively lead to
overcrowding or overuse of public facilities by the public in any
single area in the coastal zone. (Resolution No.2004-80-9/04)
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. (3562-7/02)
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: (3562-7/02)
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Ordinance No. 3960
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 (3562-7/02)
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
(3562-7/02)
3. The subdivision or building permit approval for which fees were required
has been withdrawn or is otherwise no longer valid. (3562-7/02)
SECTION 2. All other provisions of Chapter 254 not amended by this ordinance remain in
full force and effect.
SECTION 3. 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 15th day of October 2012.
Mayor
ATTEST: INITIA AND AP ROVED:
City Clerk Director of Building and Planning
REVIErPPROVED:
APPROVED AS TO FORM:
ty ager
City Attorney
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Ord. No. 3960
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTING'TON BEACH )
I, JOAN L. FLYNN, 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 October 01,2012, and was again read to said City Council at a
Regular meeting thereof held on October 15, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AXES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 October 25,2012.
In accordance with the City Charter of said City Asetud
Joan L. Flynn,City Clerk Ci Clerk and ex-officio rk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California