HomeMy WebLinkAboutCode Amendment 70-7 - Ordinance 1596 - Ordinance 1597 - Arti Page #5 - Council Minutes - 8/17/70
ORDINANCE NO. 1h95 - ADOPTED - GAS FRANCHISE - PACIFIC LIGHTING
The Clerk gave Ordinance No. 1595 a second reading by .title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO PACIFIC LIGHTING
SERVICE COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO
LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC
STREETS, WAYS, ALLEYS AND PLACES AS THE SAME NOW OR MAY HEREAFTER
EXIST, WITHIN SAID MUNICIPALITY.`
On motion by McCracken, Council waived further reading of Ordinance
No. 1595 by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Shipley
On motion by McCracken, Council passed and adopted Ordinance No. 1595,
by the following roll call vote:
AYES: Councilmen: Bartlett, McCracken, Matney, Coen
NOES: Councilmen: Green
ABSENT: Councilmen: Gibbs, Shipley
v ,s
ORD. N0. ADOPTED - AMENDS ARTICLE 974 - PARK & REC. FACILITIES
The Clerk gave Ordinance No. 1596 a second reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF PERTAINING TO
PARK AND RECREATIONAL FACILITIES."
On motion by Green, Council waived further reading of Ordinance No. 1596
and passed and adopted. same by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Shipley
ORD. NO. 597 - ADOPTED - AMENDS ARTICLE 998 - PARK & REC. FACILITIES
The Clerk gave Ordinance No. 1597 a second reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF PERTAINING TO PARKS AND
RECREATIONAL FACILITIES."
On motion by Green, Council waived further reading of Ordinance No. 1597
and passed and adopted same by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Shipley
ORD. NO. 1598 - UTILITIES' TAX - DEFERRED
The Clerk presented Ordinance No. 1598 f)r a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON ')EACH, AMENDING CHAPTER 17 OF
THI HUNTINGTON BEACH ORDINANCE CODE BY A)DING THERETO ARTICLE 176 PER-
TAINING TO A UTILITIES TAX."
Mayor Pro Tempore Matney directed that c3nsideration of Ordinance No.
1598 be deferred to the adjourned meeting of August 18, 1970.
REPORTS - COUNCIL COMMITTEES
Route #59 Freeway Committee
Councilman Matney requested that the City Administrator send a letter
to Mr. Larry Soloman of (he Jr. Chamber of Commerce, informing him of
his appointment to the R.)ute #57 Freeway Committee.
3i-.33
Request For Report - Homy Council - Meadowlark Airport
Councilman McCracken stated that he believed the safety conditions at
Meadowlark Airport should be investigated and stated that the Home
m Council might forma committee to study and. report on this matter.
Page 11 - Council Minutes - 8/3/70
PUBLIC HEARING -CODE AMENDMENT N0. 70-7 - POPULATION DENSITY _X_
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing for the purpose of considering a proposed Code
Amendment to the Huntington Beach Ordinance Code to amend Articles 974
and 998 as follows:
1. To establish by Resolution of the City Council,
population densities within said articles;
2. Allow the Board of Zoning Adjustments to review
plans for which there is a question regarding the
number of bedrooms within a development and to
render a decision of such matters.
Also, to allow the general reorganization of both articles by renumbering
and rewording to establish similarity between said articles.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said public hearing had been met and that
he had received no communications or written protests to Code Amendment
No. 70-7, or to the recommendation of approval of the Planning
Commission.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor Pro Tempore.
The Clerk gave Ordinance No. 1596 a first reading by title - "AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE; BY AMENDING ARTICLE 974 THEREOF PERTAINING TO PARK AND.
RECREATIONAL FACILITIES."
The Clerk gave: Ordinance No. 1597 a first reading by title - "AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE; BY AMENDING ARTICLE 998 THEREOF PERTAINING TO PAM
AND RECREATIONAL FACILITIES."
On motion by Coen, Council waived further reading of Ordinance No. 1596
and 1.597 by the following unanimous roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
1i
CANCELLATION OF WEED ABATEMENT CHARGES ON CITY PROPERTY
On motion by Coen, Council directed that the Weed Abatement Charges
on city-owned lots as presented by the City Clerk be cancelled. Motion
carried.
PUBLIC HEARINO -�1LIST OF WEED ABATEMENT CHARGES FOR 197C
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing to hear objections of property owners shown on the
list of geed and Rubbish Abatement Charges for the year 1970, as posted
at the outsiCe entrance to the Council Chamber, in accordance with
Government Cade, Chapter 13, Article 3, State of California, to the
charges listed thereon.
The Clerk presented the Affidavit of Posting Notices of Weed Abatement
Charges as sworn to by James R. Wheeler, Street Superintendent.
Mayor Pro TerApore Matney declared the hearing open.
There being -zo objections voiced, the Mayor Pro Tempore declared the
hearing closed.
A motion was made by Councilman Coen, that the Weed Abatement charges
covering the year 1970, as posted at the entrance to the Council Chamber, '
be confirmec, and any charges listed thereon not paid by August 3, 1970,
be certified to the County offices for inclusion on the 1970-71 Tax
Roll. Motion carried.
dd
HunUngton Beach Nanning COMWWon
° P.O. BOX 190 CALIFORNIA 92646
August 3, 1970
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
SUBJECT: CODE AMENDMENT NO. 70-7
PARKS AND RECREATION FACILITIES
ATTN: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No. 70-77.
Said amendment proposes to amend Articles 974 and 998 to:
a) Establish by Resolution of the City
Council population densities within
said articles;
b) Allow the Board of Zoning Adjustments
to review plans for which there is a
question regarding the number of bed-
rooms within a development and to ren-
der a. decision on such matters. Also,
the general re-organization of both
articles by renumbering and rewording
to establish similarity between said
articles .
By unanimous vote, the Planning Commission approved Code
Amendment No. 70-7 and recommends adoption by your Honorable
Body. The State Planning Act requires a public hearing,
after which the Code Amendment may be adopted by Ordinance .
Respectfully bmitted,
K. A. Reynolds
Secretary
Encl :
KAR:dr
T 70
Publish 7/16/70
Postcards
NOTICE OF PUBLIC HEARING 3
CODE AMENDMENT 70-7
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 3rd day of August 19 70, for the purpose of
considering a proposed Code Amendment to the Huntington Beach
Ordinance Code to amend Articles 974 and 998 as follows:
1) To establish by Resolution of the City Council, population
densities within said articles;
2) Allow the Board of Zoning Adjustments to review plans for
which there is a question regarding the number of bedrooms
within a development and to render a decision on such matters.
Also, the general re-organization of both articles by renumbering
and rewording to establish similarity between said articles.
All interested persons are invited to attend said hearing and
express their opinions for or against said Code Amendment .
Further information may be obtained from the Office of the City
Clerk.
DATED: 7/9/70 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/a-&,-J*-ems
meeting held - ?O , recommended
of
If approval has been recommended, the City Council will be required
to hold a public hearing in this matter , and it will be transmitted
to you prior to the next regular meeting of the Council A copy of
the Planning Department legal notice, 0.
The applicant in this matter is
(Address) (Telephone.)
Kenneth R. Reynolds ,
Plan %ng Director
By
o.
Number of Excerpts None
Publish Once
LEGAL NOTICE
NOTICE OT PUBLIC THEARTNG
CODE i114ENDiIENT NO 70-'7
NOTICE IS HEREBY GIVEN that a -",,-iblic hearing will be held
by the City Planning Commission of the City of Huntington
Beach for the purpose of considering a Proposed Code Ai:ienduient
Said amendment proposes to amend Articles 974 and 998 to:
a) To establish by Resolution of the City Council population
densities within said articles;
b) Allow the Board of Zoning Adjustments to review plans for
which there is a question regarding the number of bedrooms
within a development and to render a decision on such matters.
Also, the general re-organization of both articles by re-
numbering and rewording to establish similarity between said
articles.
Said hearing will be held at the hour of 7:06 P.M. ,
on June 16 , 1970 _, in the Council Chamber of the Civic Center,
Huntington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and express their opinions for or against the proposed
Code Antenck,ent
Further information may be obtained from the City
Planning Department.
Telephone No 556-6551
DATED this 4Lh day of June, 1970
CITY PLANNING COMMISSION
By
K.A. 11eynolds
Secretary
PROPOSED CODE A'_,'END14EN:.°,
Beach Ordinance Code is l i�reby amended
and shall rasa as follows:
ARTICLE 974
'ARK AND RECREATIONAL 11ACILI DIES
S. 9740 INTENT
S. 9 743 DEVELOPERS MUST PROVIDE PARK &
RECREATIONAL FACILITIES
S. 9742 APPLICATION
S. 9743 R,E,IaA.T ION OF LAND REQUIRED C
S. 44 P JI�TI�N NS DEDICATED14
S, 145 Al UNT F LAND TO BE
OR FEE TO DE PAID
S. 9745.1 AMOUNT OF LAID TO BE DEDICATED
S. 974 5a 2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION
S. .9745 a 3 COMBIrl,1TION OF LAND AND FEES
S. 9746.3 ACTION OF CITY
So 7747 CREDITS
S. 974.7 CREDIT FOR SPECIAL FACILITIES
S. 9747®2 CREDIT OF LAND OR FEES
S. 9748 PREREQUISITE FOR APPROVAL OF
BUILDING PE IT
S. 9749 STATE_ *,NT OF CITY RESPONSIBILITY
S. 9749.1 CCU I-TI NCEPMENT OF DEVELO . ENT
So 9749.2 SEVERABILITY
S,, 9 740 INTENT: Thais a r Lic l e is intended to pravide
a means for imp
l ementin the adopted
Parks, Open Spa(-es, Schools, and Re-
cr atianaI. Element of the Master PIS
®f Land Use which establishes definite
principles and standards for park and
recreational facilities to serge Lhe
residents of Huntington Beach.
S. 9741 OR PERSONS MUS'i PRG'v-"1rsE PAM-K AMD
-.ial purposes shall dedicate
or persork -wh o res=e.M -
a portion of sut--h land, pay a fee or a ccrabination of bothv as set
forth in this ordinance for the purpose of pzoviding park xnd recre-
ational facilities to serve fuiture residents 04 such deveio�: -nt-
This Article shall lot 'a oly to alterations or addi-
t�_�'ns on ann, exiFt _1TP3_=UFt r0V'130r7'-1'-8a=a Egr—a-Uon or
. t ona dwe - 1 n&. Un
Zfe L
e at i a%
0=16n does not create an a Mon&
S. 9742 A-PPLICATION: The provisions of this Artitle shiall
apply to all residential developments.
S. 9743 ',IELATION OF LAND REWIRED TO r POPULATION DENSITY. it
I—s-EeMe
S. 9743.1 That the public interest, convenience, health welfare
and safety require that a5 pro ximately four (4 acres
of property for each one thousand (1,000 persons residing within
the City, be devoted to public park and recreational purposes.
S. 97943.2 That said requirement will be satisfied in part by
cooperative arrangements between. the City and the
local school districts to make available one and one-half (ID acres
of property for each one thousand (1,000) persons residing within
the City for park and recreation purposes®
S. 9743.3 That the remaining two and one if (2 acres of
. I the required four (4) acres shall be supplied by
the requirements of this ordinance.
S. 9744 POPUIATION DENSITY. For the pu-x?ose of this Articlev
population a=ens Ey- shall be established by resolution
of the City Council on the basis of the most recent data available
in the form of Federal or State Census or records of the City of
HuntinRton each. Such density shall be determinad according to
the following-, a) Low Density Residential Areas® Ali residential
H— fi-=- ) less
areas Fe E ere are ej r t T8 or units
per gross acre, minus area devoted to open or
public land.
b) kumIlti- le Famil Residential Areas. All residen-
I' -e "
;i--Me—reare iio—rethan eight (8)
tNaWi'rrUea2saWer
units per gross acre, minus areas devoted to
open or Vablic largd, in whLah case the density
shall be according to the type of dwelling ursit
as follows*-
1. Single or bachelor
2. One bedroom
3. Two bedroom
4. Wo bedroom with den
5. Three or more bedrooms
For the rposes of this uectiorzs, where an additional roiz",
aucf-� as Cien,, -stuldY or sa-u!1rag roam, with
a skagls, bachelor 0-,: oLe Lbsdeoca Unit a, ad, i-Gional, re" mmr-,,d t.a
the Unifo= Buildingg
", Code deftaition Of al c p sale room Shall
be conaidered an additional badracura.
Whare an additivatil ro=. , sueh as a dan, study or SeWing, rCjcmaj, is foro-
vided in can unzticL with a two bedrom unit azd &Ad Aditional room
meets the for Building Code definition of & ha1ita"ble romia, aLch
additio=l room skw.11 aot be considered as a dens, study OT in roomil
Init as a bedrocia if a wardr6be, closet or Similar facility nOU fzad
in a bedroe-a is propoaed and if SUCh room 13 ciarzaLrUCLsd iu such manner
tb_at f Uty (50) per cent or wre of one wall is closed to an adjacent
rc or hallway.
If an additional roam can, be convartad to a bedroam, iLi the dzcision of
the Board of Zonl'Mp, Adjuo=C-MtS� Lhen- Wth rO shall be considered as
a bedroom. -I
S.9744 I i"wber of adell;, Un t 0 r B4-.-d rO G'IMS. Ille tOtal
—iffil'ts or S=ero shall be de-
te=krned by the mmber of units or bads oew proposed to be eonstruc.tedl
by the &--velaper. The ac-tual number of bedroaw- shall be th,7AL mimber
of much roo as ahzum on the building plans filed with the Building
Department. (1236 - 1536)
S. 9745 M4TUAIT OF LAN1D, TO BE DEDXCATED OR FEE TO BE PAID. rhe
awo
Shall be mt Of aa
deLer,%Aned by the followinao-
S. 9745.1 mint. of la�:&d to be Dedizated, The wvwuuna of lend to be
oper pursu=r_ to th's ordia=ce shall
Y
be based on the foil=,in fo Im-
a)
b) Definition of Te-nov-0
1) A - The area in acvaa :vuiqalze-di to be,
ga
s s park sites rhie to be ap-
praised for fee payment foz the davelop=,nt.
2) D.P. - Deuaity factor obtained from &�Qtiaa
9743.4 as applicable to proposed deveLypalent.
3. ft, D.U. - k&wubur *A" dwelling units
pro sod in the development.
97451,2 &AOLRNT OF FEE 12N LIZU OF LAND DEDICATIONO
S:�9745.2.1 Where a fee is required two be paid in lieu of dedica-
'Ch f a Shail �1 egllag,� to,,tlem am t as U, 110
40 d
Lhe medirin fair"t 6
MSNat value o a ne car =, od pub' 4 to M
the City. Such ap"rejual s jl "ejuda improvemazats mad shall be
adopted by Resalutiona
S-9745.2.2 wFair Market Value% simll be deter -nodLa accordanca
`With the follow ing-
2) Periodic appraisal of all nalghboxhood
Pa, rks Within tha- City by a qualified real
estate apip
�Ql Bar
14E'.-he davalopez� '
Qd
real estate Sal d `r r� i l w be
accepted - i, U k i f K re p Li p
The City and developer say agtee as to the
fair warhat value. Proceduress for determining
%value of land shall be developed to most the
particular sit , ti&nm
IM
S. 9743m3. Tatad r . The prazedu2 for det.,araiukAs �5hat w
Me_ eL er is to dedicate WA,, pay a fee or
zombinatioa of both I i be as fallow—B..
S. 9745.3.2 Davalopera desiring to deli.=tea property for r
re r .ticma sea shall, prior to fi li. ildins
f!
1 for approval,, cheer w t1 the City to date r or not
'is P��Gpsrty lies withim the Cit y' stet Plan for Parks, Open SP&Qat
Schools, and Recreational Facilities.
S,, 97 5.3 n 3 11 a developer' roper i. o o said ry z P1 � f T
n ip. ` s".av od arks, a it coardinate with the rasceazary
dent n a ztj i the de-sign of hia davolopwarit to inc Bata the P&A
iie(a) into such dlavelapmut.
S. 974 .3 0 if the; developerus property is wt a t said ' ar
plan for uaighborbood parkas anid a scbzol site i b-
� °propoaad within ®r in eAaae proximity to Said Prop rtYv t1lea
arla site adjacant to said szCkhaool site oh all also) be propozed md
the developer shall with th, ecesszw departa-l-ento ira the
desires of his developiamit to incorporate the pa3 Oita ) iuta ouch
� � oThe is tant of this seation is to locate
Parliks adja@ent to elawatary Schools.
S. 9745.3.5 If the property zousi t z of f vta� (5) aczvea Or 1 6
if a park bite is h a on oth M titer 2,11a"n for ftrks, Doom
Space, School a, r e reati 1 Facilities r #if a SC l Site is
��
sequoatly prolprosed within or in @lose -proximity to said ro erty as
provide in sub section S. 9746.4, thez t o developer shalt re tir e
land for ��.rk site &ad eater into negotiations with the City for pur-
chase of said property.
S. 9745n a6 if the property cow i to ®f five (5) acrepe or less and
park site is not required, then the developer shall be
required to pay a fee is lieu of land deli tionm
So 9746 Attiw, of Prior to the time of Plat PI&M roval,
r6ei'MiMlEfIbizector shall transmiit said plan to the
I Wiz , f�izaio for raview. ThF Fleeing C s i ill Bete ime
Aether to requira dedication of land within the develoinauto P4726nt
of a fee in lip thereof, or a combination of both.
S. 9746.1 to m-in—Qtionm Whether the City aczeytz land d dita i.
Vr ej is t® r c i.re payment of a fee in lieu thersof,
or a tombination of both,, shaft be, 'detemiaed by conalderation of the
G1 ant of °''aa City, 0 Mazter, l n�p, &nd
ovisio s of SubseetUrn S. 974 049 and
c) Topagraphyp ologY9 access and location
f land in ivisioa available fog
dedication; and
d) SiZe aad Sh-91pQ Of tha daVQl0 gat i d
available for dedication.
974 :�e dete - i of the City � to tjheLl e .andshall
be dedicatedo or w1hether a fee shall be c�awxed® or a
cambirestion of both, shall be final and conclusive.
So 9747 CREDITS
S. 9747.1 IT FOR SPECIAL FACILITIES. Whea3ug in the land
eve ®per 8 Mae er p e-veio " space is
allocated for a special faciii� desk ed to serve the residents
of a development the generapublic, limited ted to oif courseand
waterways, the land developer may be credited in who, a or part for
Ali porn of re r ants of this A tLe not to 5gc ed
So ® Said special facility shall e restricted to initial purpose and
completely accessible to use by the general blic, otherwise the
developer shall m c res ailble for satin i , the i iti i require-
ment nt for which the credit was ive-a®
So 9747.2 Credit for Sit � ���� t� ray vela-- rd . �� re the
�1,
eye �� � � � � r eve op public or
Private open space facilities,, such cosh ma be credited, either
v iiy o Melly, and t p , m t of t fees as set forth in
SectLa 97 .2 at the discretion of the City.
So 9748 pum "S1` S O APPROVAL, C UILD NG P � I m ere
. �. s� .acc ed Liar
to isWM cS, cf � di � � f � are required w
ahail be depa , & ca of the building
hood parka at the tLw buUding permits are 8sued.
So 9749 SIZATEMNT, OF CITY 12SPONSIBILITY0
S. 9749.1 COMENCEMNT OF DEVELOM IM The City l i b i dG-
5 G TeEreat on facility within ive ( )
dear a fzcm, the tL@e of final i a actives U the d veio,. _U.t by the
Building r m nt. (1312)
S. 9749.2 SEVEPABILITY. If any sectica,
pares a Q Semta , cl awns or phrase of than dinarae
cT Sn 'part there Lis for any reason held to b
such decision ll not affect the validity of the remaining ortLonz
of this Ordinance or any part thersof. The City Council here y de-
clares that it would have passed each nacho , , bsect-iorn-,, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsectLonag ivisid e r rah o
sentences, clauses or phrases declared stLtutio i- (1312)
SIXTH DRAFT - STAFF REVIEW
April 15,. 1970
The following Article of the €kaxntin ton
React! Ordinance Code is hereby amended
and shall read as follows: �
ARTICLE 998
PARKS ADM RECREATIONAL FACILITIES
So 9950 RECITALS
S,, 9981 SUBDIVIDERS VIUST PROVIDE 'ARK AND
RECREATIONAL FACILITIES
S. 9952 APPLICATION
So 9953 RELATION OF LAND REQUIRED TO
POPULATION DENSITY
So 9984 POPULATION DENSITY
S. 9955 AMOUNT OF LAND AND/OR IN LIEU
FEE REQUIRED
S o n191 ffliTOT FORCMCIAL FACILITIES
w., 9958 PREREQUISITES FOR APPROVAL OF
FINAL ASAP
Ss 9959 STATEMENT OF CITY RESPONSIBILITY .
S 9950 tECITALS, That the City Council. of the City of
Huntington Beach does hereby find.,
determine and declare as follows
S.. 99 01i In 1965, the Legislature of the State of California
amended the Subdivision Map Act (Section 1.1.500 eto seq.
of the Business and Professions Code; so as to enable cities and
counties to require either the de0cetfon of land, the payment of
fees, or a combination of both, for parse or recreational purposes
as a condition of approval of a s ibdivision snap.
S 9980,2 The. City Counacil of the City of Huntington Reach has
adopted a waster plan containing a recreational ele-
mrnt, es�abl.ishing definite principles and standards for the pane
.and recreational facilities to se-�"ae its residents in compliance
°*.I-h Section 11500 et., seq. of the Business and Professions Coded
S, 9.981 SUBDIVIDERS MUST PROVIDE PARK A.,TD RECREATIONAL
FACILITIES,
S. 99P1'J Every residential subdivider who subdivides land
shalt dedicate a portl.on of such land, pay a fee in
lieu thereof" or do a combirztior of both, as set: forth in this
article for the purpose of provi&!-ag pane and recreational facilities
to serve future residents ®f such subdivision.
S. 9981 .2 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, proyisions
for park and recreational facilities shall be made by the major land
owner_ 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 land owner
shall. be given credit for excess on subsequent projects within the
adopted comprehensive plan,
For the purposes of this article, a major land devel.opq�ennt: project
shall be any land development project exceeding forty (40) acres in
size.
S. 9981.3 There development is proposed for construction in
increments, a schedule for providing the park and re-
creation facilities shall be approved by the City.
S,, 9982 _APPLICATION. The provisions of this article shall
app y to arl, residential subdivisions, as that phrase
is defined in Section 11500 et. secte of the Business and Professions
Code of the State of California.
S. 9983 RELATION OF LAND VQUIRED TO POPULATION DENSITY.
ere yin and determlned:
S, 9983.1 That the public interest, convenience, health welfare
and safety require that app roximately four (45 acres
of property, for each one thousand '1,000 persons residing within
the City, be devoted to public park and recreational purposes;
S. 9983, 2 That said requirement, will be satisfied in part by
cooperative arrangements between the City and the
local school districts to make available one and one-half (lk) acres
of property for each one thousand `2,000) persons residiLng 'within the
City for park and recreational. purposes;
S. 9983.3 That the. remaining two and one-half (2k) aeries of the
required four (4) acres shall be supplied by the re-
quirements of this article.
S. 9984 POPULATION DENSITY.
For the purpose of this Article, populati�:n cdennsity
shall, be established by resolution of the City .Counacil on the basis
of the most recent data available in the fora of Federal or State
Census or records of the City of Huntington Beach. Such density shall
be determined according to the following:
a) Low Densit Residential Areas. All residential
areas where there are a? g t ,8) or less units
per 'gross acre, sinus area devoted to open or
public land.
b) Multi le Family Residential Areas. All 'residential
area ere there are more than eight (8) units
per gross acre, mmairaus areas devoted to open or
public land, in which case the density shall be
according to the type of dwelling unit as follows:
1 o Singles or bachelor
2. One bedroom
3. Two bedroom
4e Two bedroom with den
5. 'three or more bedrooms
For the purposes of this section, where an additional roomp such as a
den, study or sewing room, which i E provided in conjunction with a. single,
bechelor or one bedroom unit and said additional room meets the Uniform
Building Code definition of a habitable room, such room shall be considered
an additional bedroom.
Where an additional room, such as a den, study or sewin room, is pro-
vided in conjunction with a two bedroom unit and said additional room
meets the Uniform Building Code definition of a habitable rooms, such
additional room shall not be considered as a dens study or sewing room,
but as a bedroom if a wardrobe, closet or similar facility normally
found in a bedroom is proposed and if such room is constructed in such
manner that fifty (50) per cent or more of one wall is closed to an ad-
iacent room or hallway.
If an additional roost can be converted to a bedroom in the decision of
the Board of Zoning Adjustments, then such roost shall be considered as
a bedroom.,
S,9984 n 1 Deteramination of the number of dwel li.n units and
e a `
S,.9984o1. 1 The total amber of dwelling units shall be determined by
the number of waits pro esed for construction, Where the
actual number of units is unk number of such units still be
. based on the maxim= number of units which are permitted by City Ordi-
nance an the property included in the subdivision at the time the final
tract crap is filed with the City Council for approval o
S,9984 J..2 The actual comber of bedrooms ahall be that numberlof such
rooms as determined frcm Lhe building plans filed �i.th the
Building Department. If any bedroom exceeding one hundred eighty (180)
s re feet can be converted into two or more bedrooms in the decision
o�he Board of Zoning Adjustments, theca such bedroom shall be 'considered
as two or more bedrooms.
S„ 9985 AMOUNT OF LAND TO BE DEDICATED AND/OR IN LIEN FEE PgUIRED4
S. 9985®1 AMMINT.OF LAND TO BE DEDICATED:
the amount of ,land required to be dedicated by a subdivider
pursuant to this ordinance, shall be based on the following
(�ttpp,} formula.-
S,l 9 8 5 0 1 o 1 A 2.5 a
S�9985011 .2 DEFINITION OF TENS,
A The area in acres required to be dedicated
are park sites or to be appraised for fee
payment in lieu of dedication.
D.F. - Density factor obta l,ned from. S. 9934 as
appli+;.able to the proposed development.
2.5 - Number of acres per 1000 persons
1000 - der of persons
S . 9985. 2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
5 .9985. 2 . 1 Where a fee is required to be paid in lieu of land
dedication, such fee shall be equal to an amount
based on the median fair market value of all neighborhood public
parks within the City.
5 .9985. 2 . 2 Fair market value shall be determined by a qualified
real estate appraiser by periodic appraisal of neigh-
borhood park properties within the City. Such appraisal shall ex-
clude improvements and shall be adopted by Resolution.
S. 9985. 2 .3 If the subdivider objects to such valuation, he may,
at his expense, obtain an appraisal of said park
property by a qualified real estate appraiser. Said appraisal may
be accepted by the Ctiy Council if found reasonable; and
5.9985.2 . 3 The City And subdivider may agree as to the fair mar-
ket value.
S. 9985. 3 COMBINATION OF LAND & FEE.
S. 9985. 3. 1 In determining whether a subdivider shall dedicate
land, pay a fee in lieu thereof, or a combination
of both, the following procedure shall be used:
S .9985 . 3.2 Subdividers desiring to dedicate property for park
and recreational purposes shall, prior to filing a
Tentative Map for approval, check with the City to determine whether
or not his property lies within the City' s Master Plan for Parks,
Open Space, Schools, and Recreational Facilities.
S.9985. 3. 3 If a subdivider' s property is shown on said master
plan for neighborhood parks, he shall coordinate
with the necessary departments in the design of his subdivision to
incorporate the park site(s) into such subdivision.
5.9985. 3.4 If the subdivider' s property is not shown on said
master plan for neighborhood parks and a school site
is subsequently proposed within or in close proximity to said pro-
perty, then, a park site adjacent to said school site shall also be
proposed and the developer shall coordinate with the necessary de-
partments in the design of his subdivision to incorporate the park site( s)
into such subdivision. The intent of this section is to locate
neighborhood parks adjacent to elementary schools.
S.9985.3. 5 If the subdivision involves fifty (50) lots or less,
and if a park site is shown on the Master Plan of
Parks, Open Spaces, Schools and Recreation, the developer shall
reserve land for a park site and enter into negotiations with the
City for purchase of said property.
5.9985. 3.6 If the subdivision involves fifty (50) lots or less
and a park site is not required, then the developer
shall be required to pay a fee in lieu of land dedication.
S. 9986 ACTION OF CITY. At the time of Tentative Tract Map
approval, the_Planning Commission shall determine,
as a part of such approval, whether to require dedication of land within
the subdivision, payment of a fee in lieu thereof, or a combination
of both.
S. 9986 . 1 DETERMINATION: Whether the City accepts land
dedication, requires payment of fees in lieu
thereof, or a combination of both, shall be determined by
consideration of the following factors:
a) The Parks, Open Spaces, Schools, and Recrea-
tional element of the City' s Master Plan.
b) Provisions of subsection S . 9985 .3 .3 .
c) Topography, geology, access and location of
land in the subdivision available for dedi-
cation.
d) Size and shape of the subdivision and the
land available for dedication.
S . 9986 .2 The determination of the City as to whether land
shall be dedicated, a fee paid in lieu thereof,
or a combination of both shall be final and conclusive.
S. 9987 CREDITS :
S. 9987. 1 CREDIT FOR SPECAIL FACILITIES. When, in the sub-
ivi er' s or Tan3 deve-T-o-p—e-r-T-s subdivision or master
plan of development, space is allocated for a special facility
designed to serve both the residents of a subdivision and the general
public, limited to golf courses and waterways, the subdivider or land
developer may be credited in whole or part for supplying a portion of
the requirements of this Article not to exceed 50%. Said special
facility shall be restricted to initial purpose and completely access-
ible to use by the general public, otherwise the subdivider or de-
veloper shall become responsible for satisfying the initial require-
ments for which the credit was given.
S . 9987 .2 CREDIT FOR SITE IMPROVEMENT & DEVELOPMENT: Site de-
velopment and improvement. en ERT-s-517ivider desires
to improve and/or develop dedicated park sites, such costs may be
credited toward the payment of fees at the discretion of the City
Council .
S. 9988 PREREQUISITES FOR APPROVAL OF FINAL MAP. Where dedica-
t�ion�is requir"e3it smell e�i accomplished in accordance
with the provisions of the Subdivision Map Act . Where fees are re-
quired the same shall be deposited with the City Planning Department
prior to recordation of the Final Tract Map. Open space covenants
for private park or recreational facilities shall be approved by the
City Attorney' s office and the Planning Department prior to approval
of the Final Tract Map by the City Council and shall be recorded
simultaneously with the Final Tract Map.
S. 9989 STATEMENT OF CITY RESPONSIBILITY4
S. 9989. 1 Commencement of Development: The City shall begin
development of park and recreational facilities within
five (5) yers from the time of final inspection and acceptance of
tract improvements by the City Council.
S. 9989. 2 Severability: If any section, subsection, subdivision
paragraph, sentence, clause or phrase of this article
or any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this ordinance or any part thereof. The City Council hereby
declares that it would have passed each section, subsection, sub-
division, paragraph, sentence, clause or phrase thereof, irres-
pective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentence, clauses or phrases be declared
unconstitutional.
i