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HomeMy WebLinkAboutParks, Parkland Fees and Land Dedications - Code Amendment 8 IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH9 CITY CLERK PROOF OF PUBLICATION Hearing 83-28 State of California ) County of Orange )ss' NOTICE OF PUBLIC HEARING CODE AMENDMENT NO.83-28 (PARR AND RECREATIONAL FACILITIES) Rita J. Richter NOTICE IS HEREBY GIVEN that a public hearing will be held by the City That I am and at all times herein mentioned was a citizen of Council of the City of Huntington Beach, the United States,over the age of twenty-one ears,and that I to the Council Chamber of the Civic 7:30 g Y- Y ter,Huntington Beach,at the hour of 7:30 e am not a party to,nor interested in the above entitled matter; P.M.,or as soon thereafter as possible on that I am the principal clerk of the printer of the Monday the 7th day of November,1983, P P P for the purpose of considering Code Amendment No. 83-28 which amends j Article 996(Park and Recreational Facili! HUNTINGTON BEACH IND. REVIEW ties)of the Huntington Beach Ordinance Code.A copy of proposed Code Amend- a newspaper of general circulation,published in the City of ment No.83-28 is on file in the Depart- ment of Development Services. HUNTINGTON BEACH attend interested persons are invited to said hearing and express their opinions for or against said Code Amend- County of Orange and which newspaper is published for the ment No.83-28.Further information may disemination of local news and intelligence of a general charac- be obtained from the Office of the City g g Clerk, 2000 Mein Street, Huntington ter, and which newspaper at all times herein mentioned had Beach,California.92648-(714)536-5227 and still has a bona fide subscription list of paying subscribers, DATED October 24,1983 and which newspaper has been established, printed and pub- CITY OF HUNTINGTON By:AliciaBEACH Alicia MM..Wentworth eorth lished at regular intervals in the said County of Orange for a City Clerk . period exceeding one year; that the notice, of which the Hun..Beac r Ind. Rea annexed is a printed copy, has been published in the regular Hunt.Beech Ind.Rev.u34so7 and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: October 279 1983 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. i Dated at............Gard.en.-Gr.av e................... i27t OCtober 83 Aalirnia,this .,. ..-.da of ...........19.. ..... : Rita..J...Ri.ch.ter...... Signature Form No.POP 92082 REQUEST' FOR CITY COUNCIL-ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, .City Administra 44 Prepared by: James W. Palin, Director of 1DYs(3rkx&`pN.� Subject: CODE AMENDMENT NO. 83-28 �^"1IA W CITY CLIwW Statement of Issue, Recommendation,Analysis, Funding rce, ternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to a new State law (SB 1785) , which limits the amount of parkland fees or land dedications a city can legally require from builders and/or subdividers, Code- Amendment No. 83-28 was initiated by staff to bring, Article 996 ("Parks and Recreational Facilities" ) fully into compliance with State law. Additionally, the code amend- ment adds wording to clari-fy the application of Article 996 to build- ers (S. 9961 . 2) , not just subdividers. RECOMMENDATION• Approve Code Amendment No. 83-28 and adopt Ordinance ANALYSIS: PLANNING COMMISSION ACTION: ON MOTION BY- SCHUMACHER, AND SECOND BY LIVENGOOD THE PLANNING ' COMMISSION APPROVED CODE AMENDMENT NO. 83-28 AS AMENDED. AYES: LIVENGOOD, PORTER, SCHUMACHER, MIRJAHANGIR ' NOES: HIGGINS, ERSKINE ABSTAIN: NONE ABSENT: WINCHELL In August, 1966, the Huntington Beach City Council adopted the Master Plan of Parks, Open Space, Schools and Recreation Element to the Mas- ter Plan of Land Use to provide direction toward developing a balanced recreational system. Following the recommendations of the Urban Land Institute ' s .1965 study for the City, the plan emphasized the acquisi- tion and development of neighborhood parks. The park standard was set at 4 acres per 1, 000 population. In the early 1970 ' s, a City-wide Policy Plan was developed to estab- lish goals and principles to ,guide the City' s growth and development. One of these policies indicated a need for a higher park standard. f 4 z P10 4/81 CA 83-28 Page 2 In 1973, the City raised its park dedication requirement to five acres per 1., 000 population. This has remained the standard since that time. At present, in-lieu park fees are calculated based on the five acre standard and on 40% of the average fair market value of all R-1 neighborhood parks in the City as indicated by the most recent appraisal, which took place in 1980. Last year the California Legislature approved SB 1785,effective January 1, 1983, which limits a city' s general park standard to three acres per 1, 000 population unless the city has a ratio of more than three acres per 1, 000 population in existing neighborhood and community parks.. In such a case, a city may adopt a higher standard equal to that amount existing but not to exceed five acres per 1, 000 residents. The new law, Section 64477 of the Government Code, requires that the amount of a city' s neighborhood and community park acreage be calculated using the acreage as of April, 1980, the date of the most recent available federal census. For purposes of this law, staff is assuming that developed parks as well as property acquired by April, 1980, with the intention of developing parks in the future, can be included in the park acreage total. In addition, the City Attorney' s Office has indicated that Huntington Central Park can be counted as community park acreage. In the attached opinion, the City Attorney also indicates that Huntington State Beach Park, Bolsa Chica State Beach Park and the City Beach can be included as park acreage for purposes of this calculation. Using all of the above park and recreation facilities, the City, as of April, 1980,. had the following total acreage: Neighborhood parks 610. 7 City Beach park 72.0 State Beach parks 208.0 Total acreage 990. 7 Dividing this total acreage by the 1980 census population of 175, 500 yields 5 .65 acres of park per 1, 000 population. Since five acres. is the maximum that can be required under the new law, the City' s .present park standard is adequate and within the al- lowed limit. We have been advised by the Attorney' s office, how- ever, that the code should include a reference to the new law, Section 64477 of the Government Code, so that it is evident that the City has considered the new requirements and has concluded that the park standard is in accordance with the law. Therefore, Code Amendment 83-28 has been structured to include lanquage which refers. to Government Code Section 6447. CA 83-28 Page 3 In addition, the words "builder and or subdivider" will be added to Section 9961. 2, so that park and recreation fees can be assessed for residential structures on lots which were subdivided prior to the adoption of park dedications. Staff recommends that the City Council discuss the formula for arriving at the park standard and approve the standard of five acres per 1., 000 population by minute action, then adopt Ordinance 696(y which would change the wording of Article 969 to conform with Section 64.477 of the Government Code. FUNDING SOURCE: None needed. ALTERNATIVE ACTIONS: 1 . Do not adopt Ordinance In this case, the City might not be fully in compliance with Government Code 64477 . 2. Adopt a lower park standard. This would reduce the amount of park fees collected by the City, unless the percentage of assessed value per acre used to complete the fee is raised. ATTACHMENTS: 1. Ordinance 2. City Attorney' s opinion of October 4, 1983 JWP:JAF:jh Lj, ' CITY OF HUNTINGTON BEACH iLO" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH JAMES W. PALIN GAIL HUTTON From To I Director, From Services City Attorney Subject OPINION Date October 4, 1983 BACKGROUND: Government Code §64477 provides for the payment of fees or the dedication of land "for neighborhood and community park or recrea- tional purposes" as a condition to the approval of a tentative map or parcel map. (Emphasis added ) Such section further sets a -limit of "3 acres of park area per 1, 000 persons residing within a subdivision. .unless the amount of existing neighborhood and community park area as calculated pur- suant to this subsection exceeds that limit. . . in which case the standard may be higher not to exceed 5 acres per 1, 000 persons . . . " QUESTION 1: Can the city beach be. considered in the calculation mentioned above as park acreage? ANSWER: Probably yes, moreover, since Bolsa Chica State Park and Huntington Beach State Park are designated "parks" they may also be considered in the calculation . ANALYSIS: The language in the Government Code section cited above specifically refers to "existing neighborhood and community park area" for pur- poses of calculation. However, the - fees themselves may be used "for neighborhood and com- munity park or recreational purposes. " Thus, it seems that the legislature intended that all acreage in the city used for not only parks, but also recreational purposes be included in the calculations. Moreover, the new subsection (b ) ( 1 ) to §66477 provides that: "The amount of neighborhood and community park acreage shall be the actual acreage of existing neigh- borhood and community parks as shown on the records, maps, or reports of the city, county, or local public agency as of the date of the most recent available federal census. " x James W. Palin October 4, 1983 II� Page Two I t Thus, so long as the acreage is shown on the "records, maps or $' reports" of the city, such acreage may be used in the above- mentioned calculations. . Accordingly, the "beach" area designated as "Bolsa Chica State Park" and "Huntington Beach State Park" should be considered "parks" within the meaning of Government Code §66477 since they appear as "parks" in the official records, maps, or reports of the City of Huntington Beach. Additionally, since the Huntington Beach Muni- cipal Beach has been historically included as part of the city ' s park system, it too may be included. CONCLUSION: The acreage designated as a "park" in the official records, maps or reports . of the City of Huntington Beach, as of the most recent available federal census, may be included to determine acreage or fees to be dedicated pursuant to §6,6477 of the Government Code , as may the Huntington Municipal Beach, so long as they have been "shown" as such in official records, maps or reports. QUESTION 2: Can the city beach parking lot, which offers RV over- night camping and parking facilities for beach users, be considered as community park acreage? ANSWER: Yes. ANALYSIS: Since the use is ihcidental to the municipal beach the above analysis would also apply here . � Ia GAIL HUTTON City Attorney GH:ADL:ps Publish NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 83-28 (PARK AND RECREATIONAL FACILITIES) I NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 :30 P.M. , or as soon thereafter as possible on Monday the 7th day of November 19 83 for the purpose of considering Code Amendment No. 83-28 which amends Article 996 (Park and Recreational Facilities) of the Huntington Beach Ordinance Code. A copy' of proposed Code Amendment No . 83-28 is on file in the Department of Development Services. All, interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No. 83-28 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk i Publish NOTICE OF PUBLIC HEARING ` CODE AMENDMENT NO. 83-28 i (PARK AND RECREATIONAL FACILITIES) f NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 :30 P.M. , or as soon thereafter as possible on Monday the 7th day of November 19 83 for, the purpose of considering Code Amendment No. 83-28 which amends i Article 996 (Park and Recreational Facilities) of the Huntington Beach Ordinance Code. A copy of proposed Code Amendment No. 83-28 is on file in the Department of Development Services. Ail interested persons are invited to attend said hearing and express their ""' • Code Amendment No. 83-28 opinions for or against said Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 i DAT'IED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk i NOTICE TO CLERK TO SCHEDULE PUBLIAC,HEARING ITEM C! Q D TO: CITY CLERK'S OFFICE DATE: 10/zo g F ROM: DovecoprioA)r Sae vi Gi5:6 PLEASE SCHEDULE AA PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE ` I+A DAY OF l V E M 3 E P. , 1903 AP's are attached AP's will follow CED Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) X YES NO C ATE&OR ICALLf �x6 wt PT` Refer to �Jj Planning Department - Extension # for additional information. * If appeal , please transmit exact wording; to be required in the legal .