HomeMy WebLinkAboutFinal Map - Code Amendment 66-4 - Ordinance 1234 - Article 9 .4
Huntington Beach Planning Commission 7
P. 0. Box 190 APpIZOV
7
City Hall JUL� G CHuntingtonBeach, California
8 1966
July 5 , 1966 19
LIETTER OF TRANSMITTAI
TO: HONORABLE MAYOR AND CITY COUNCIL, City of Huntington Beach.
ATTN: DOYLE MILLER, City Administrator.
RE: CODE AMENDMENT NO 66-4, an addition to Article 998
(Final Map) of the City Sub-
division Code; and
CODE AMENDMENT NO 66-51 an addition to Article 974, General
Provisions of the Districting
Ordinance.
Gentlemen:
Transmitted herewith are the proposed amendment- to Article 99E,
(Final Map) of the City Subdivision Code and Article 974, General
j�ro�Vi S-1 on s of the�Districting _Ordinance
CODE AMENDMENT NO 66-4
,,The proposed addition will require, as a condition of approval
for a final subdivision map, the payment of a fee per lot for
recreational facilities.
CODE AMENDMENT NO 66-5
e proposed addition will require payment of fees for dwelling
units on existing subdivided property based on habitable rooms.
Fees from both code amendments will be deposited in the Park
and Recreation Facilities Fund and will be used to provide
recreational facilities for the residents. Said recreation
facilities will be located and developed in accordance with the
principles and standards delineated in the Parks, Open Spaces ,
Schools and Recreation Element of the Master Plan of Land Use.
PUBLIC HEARING SET
FOR:.........J.U.L. 18 1966
.................... .................
, r
0 Huntington Dea1cL IPI21IMMImg C®mamo ssl®ffi
City Hall
Huntington Beach, California
The City Planning Commission approved these code amendments
June 21, 1966, and recommend adoption by your Honorable
Body.
The Code provides that a public hearing shall be held
on both matters after which an ordinance may be adopted
effecting the change.
The Planning Commission also recommends the following:
Establish a Park and Recreation Facilities Fund, repeal
the present business license fee of 100 per lot which
is paid by the developer, adopt both code amendments under
one ordinance, and provide a means for crediting the $100
business license fee toward the park and recreation fee to
be paid when building permits are obtained. The last
condition will only apply to developers who paid their
business license fee prior to the ordinance requiring a
park and recreation fee, but who had applied for building
permits after the ordinance became effective.
Respectfully submitted,
A��.
K.A. Reynolds
Planning Director and Secretary
KAR/j
Encl: Code Amendment No 66-4
Code Amendment No 66-5
n�
ORDINANCE NO®
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING ARTICLE 998 TO THE HUNTINGTON BEACH
ORDINANCE CODE ESTABLISHING REGULATIONS FOR
DEDICATION OF LAND, PAYMENT OF FEES, OR A
COMBINATION OF BOTH FOR PARK AND RECREATIONAL
LAND IN SUBDIVISIONS; AND REPEALING SECTION
2114.2. .37 OF THE HUNTINGTON BEACH ORDINANCE
CODE
The City Council of the City of Huntington Beach does
ordain as follows:
Section 1. That Article 998 is hereby added to Divi-
sion 9, Chapter 99 of the Huntington Beach Ordinance Code to
read in words and figures as follows:
ARTICLE 998
PARKS AND RECREATIONAL FACILITIES
Section 2 . That the following new sections are here-
by added to the Huntington Beach Ordinance Code to tead in
words and figures as follows:
S. 9981. RECITALS. That the City Council of the
City of Huntington Beach does hereby find, determine and
declare as follows:
S. 9981. 1. In 1965, the Legislature of the State of
California amended the Subdivision Map Act (Section 11500 at.
seq. of the Business and Professions Code) ao as to enable
cities and counties to require either the dedication of land,
the payment of fees, or a combination of both, for park or
recreational purposes as a condition of approval of a sub-
division map; and
S. 9981.2. The City Council of the City of Huntington
Beach has adopted a master plan containing a recreational ple-
ment, establishing definite principles and standards for the
park and recreational facilities to serve its residents in
compliance with Section 11500 et. seq. of the Business and
Professions Code.
S. 9982. SUBDIVIDERS MUST PROVIDE PARK AND RECREATION-
AL FACILITIES. Every residential subdivider who subdivides
land shall dedicate a portion of such lands pay a fee, or do
a combination of both, as set forth in this ordinance for the
purpose of providing park and recreational facilities to serve
future residents of such subdivision.
S. 9983. APPLICATION. The provisions of this ordi-
nance shall apply to all residential subdivisions, as that
phrase is defined in Section 11500 et seq. of the Business and
Professions Code of the State of California, except subdivis-
ions for which tentative subdivision maps have been filed
within thirty "5) Jays after the effective date of this
ordinance.
S. 9984. RELATION OF LAND REQUIRED TO POPULATION
DENSITY. It is hereby found and determined®
S. 99$4® -e !hat the public interest, convenience,
health, welfare and safety require that approximately four (4)
acres of property, for each one thousand. (1 , Q00) persons re-
siding wi_ttLin th(: Ci ty. be devoted to pub ac park and
recreational pL rpos,-_,_
S a 99,84.2. Tlia t said requirement will be satisfied
in part by cooperat l:.ve arrangements betweer, Lhe City and the
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local school districts to make available one and one-half (12)
acres of property for each one thousand (1, 000) persons re-
siding within the City for park and recreation purposes ;
S. 9984.3. That the remainder two and one-half (22)
acres of the required four (4) acres shall be supplied by the
requirements of this ordinance.
S. 9985. POPULATION DENSITY. Population density
for the purpose of this ordinance shall be determined in
accordance with the latest Federal Census for the City of
Huntington Beach. This population density may be adjusted
according to each new Federal Census ; to-wit:
R1 Single Family Residence District 3.78
R2 Two Family Residence District 3.30
R3 Limited Multiple Family Residence District 2.83
R4 Multiple Family Residence District 2 .30
S. 9985. 1. The basis for determining the total number
of dwelling units shall be the number of such units permitted
by the City on the property included in the subdivision at the
time the final subdivision tract map is filed with the City
Council for approval.
S. 9986. AMOUNT OF LAND TO BE DEDICATED®
S. 9986. 1. The amount of land required to be dedi-
cated by a subdivider pursuant to this ordinance, shall be
based on the gross area included in the subdivision, determined
by the following formula:
FORMULA
(1) For developments expressed as dwelling units and
acres such as subdivisions and large area developments:
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P = 2.5 (No. D.U. x D.F. )
1000 'No. Acres3 + 2:5 (No. D.U. x D. F. )
(2) For developments expressed as dwelling units and
square feet such as individual lot and small area developments ;
P = 2.5 (No. D.U. x D.F. )
1000 No. Sq. Ft. + 2. 5 (No. D.U. x D.F. )
560
Definition of Terms
a. P - Percentage of development area to be
dedicated as parksite or to be appraised
for fee payment.
b. No. D.U. - Number of dwelling units pro-
posed in development.
c. D.F. - Density factor obtained from Sec-
tion 5 as applicable to proposed
development zoning.
d. No. Acres - Gross number of acres in de-
velopment. For tracts this area is
equal to that indicated on the map as
encompassing the gross subdivided area.
For small lot or area developments this
area is equal to the area of the lot or
lots plus one-half the street and/or
alley area to right-of-way centerlines.
e. No. square feet - Gross number of square
feet in development, gross area being
described as in Section 9984 hereof.
S. 9987. AMOUNT OF FEE 1N LIEU OF LAND DEDICATION.
S. 9987. 1. Where a fee is required to be paid in lieu
of land dedication, such fee shall be equal to the amount based
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upon the average fair market value of all public parks within
the City.
S. 9987.2. "Fair market value" shall be determined
in accordance with the following:
S. 9987.2. 1; Periodic appraisal of the property for
the City by a qualified ,real estate appraiser.
S. 9987.2.2. If the subdivider objects to such
valuation he may, at his expense, obtain an appraisal of the
property by a qualified real estate appraiser. Said appraisal
may be accepted by the City Council .if found reasonable; or
S. 9987.2.3. The City and subdivider may agree as to
the fair market value. Procedures for determining value of
land shall be developed to meet local conditions.
S. 9988. CREDIT FOR PRIVATE OPEN SPACE„ Where pri-
vate open space for park and recreational purposes is provided
in a proposed subdivision and such space is to be privately
owned and perpetually maintained and operated by the future
residents of the subdivision, such areas shall be credited
against the requirement of dedication of land for park and
recreational purposes, as set forth in Section 9986 hereof,
the payment of fees in lieu thereof as set forth in Section
9987 hereof, or a combination of both provided the City
Council finds it is in the public interest to do so, and
that the following standards are met:
(a) That yards, court areas, setbacks and other
open areas required to be maintained by the
zoning and building regulations shall not be
included in the computation of such private
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open space; and
(b) That the private ownership and maintenance of
the open space is adequately provided for by
written agreement; and
(c) That the use of the private open space is re-
stricted for park and recreational purposes
by recorded covenants which run with the lard
in favor of the future owners of property
within the tract and which cannot be defeated
or eliminated without the consent of the
City Council and without providing equivalent
space elsewhere in the development.
(d) That the proposed private open space is reason-
ably adaptable for use for park and recreation-
al purposes, taking into consideration such
factors as size, shape, ropography, geology,
access, and location of the private open
space land; and
(e) That facilities proposed for the open space
are in substantial accordance with the provi-
sions of the Parks, Open Spaces, Schools and
Recreational element of the master plan and
are approved by the City Council; and
(f) Any facility for which consideration is paid
by the public for its, use shall not be
credited as private open space, except as
hereinafter described under Section 9989
"Credit For Special Facilities."
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(g) Any waterways which are used by the public
but without facilities for public docking
of boats or beach or waterfront accessible
to the public adjacent to the waterways
shall not be credited as private open
space , except as hereinafter described
under Section 9989 "Credit For Special
Facilities . "
S .9989 . CREDIT FOR SPECIAL FACILITIES . When, in the
subdivider' s design of a subdivision, space is allocated for
a special facility designed to serve the residents of that
subdivision, such as a golf course or waterways , the subdi-
vider may be given credit equivalent either wholly or part-
ially to a community parks(s) for such facility provided such
special facility is restricted to its initial purposed In
the event such facility is terminated, the owner therof shall
be obligated, at that time , to satisfy the initial require-
ments for which the credit was given.
S .9989 . 1 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT.
When the subdivider desires to improve and/or develop public or
private open space facilities , and at the City' s discretion,
such costs may be credited, either wholly or partially, toward
the payment of the fees as set -forth in Section 9987 .
S .9989 . 2 . CHOICE OF LAND OR FEE .
S .9989 .2.1 PROCEDURE. The procedure for determining
whether the subdivider is to dedicate land, pay a fee or a
combination of both, shall be as follows :
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S. 9989.3. DETERMINATION. Whether the City accepts
land dedication or elects to require payment of a fee in lieu
thereof, or a combination of both, shall be determined by
consideration of the following:
(a) The Parks, Open Spaces, Schools and Recrea-
tional element of the City' s master plan; and
(b) Topography, geology, access and location of
land in the subdivision available for dedica-
tion; and
(c) Size and shape of the subdivision and land
available for dedication.
S. 9989.3. 1. The determination of 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 con-
clusive. On subdivisions involving fifty (50) lots or less,
only the payment of fees may be requir,
S. 9989.4. SUBDIVIDER, The owners of the property
(subdivider) , if he desires to dedicate property for park and
recreational purposes shall, prior to filing the Tentative
Tract Map for approval, check with the City to determine
whether or not his property lies within the City's master
plan for Parks, Open Spaces, Schools and Recreational
facilities.
S. 9989.4. 1. If his property lies within the City's
master plan for neighborhood parks , he shall coordinate with
the necessary departments in the design of his subdivision.
S. 9989.4.2. If his land does not lie within the
City's master plan for neighborhood parks, he will be re-
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quired to pay a fee in lieu of dedication of land.
S. 9989. 5. ACTION OF CITY. At the time of the Tenta-
tive 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. 9989. 6. PREREQUISITES FOR APPROVAL OF FINAL MAP®
Where dedication is required it shall be accomplished in
accordance with+ the provisions of the Subdivision Map Act.
Where fees are required the same shall be deposited with
the City prior to the approval of the Final Tract Map.
Open-space covenants for private park or recreational
facilities shall be submitted to the City Attorney for his
approval prior to approval of the final tract map and shall
be recorded contemporaneously with the final tract map.
S. 9989. 7. COMMENCEMENT OF DEVELOPMENT® The City
shall begin development of the recreation facility within
five (5) years from the time of final inspection and
acceptance of tract improvements by the City Council.
S. 9989.8. SEVERABILITY® If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
ordinance 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, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact
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that any one or more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be declared unconstitu-
tional.
Section 3. That Section 2114. 2. 37 of the Huntington
Beach Ordinance Code is hereby repealed.
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PROPOSED
ARTICLE 974
PARK AND RECREATION FACILITIES
S. 9740 INTENT
S. 9741 DEVELOPERS MUST PROVIDE PARK AND RECREATIONAL
FACILITIES
S. 9742 APPLICATION
9743 RELATION OF LAND REQUIRED TO POPULATION DENSITY
9744 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID
S. 9744. 1 AMOUNT OF LAND TO BE DEDICATED
S. 9744.2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION
S. 9744. 3 EXCEPTIONS
S. 9745 CREDITS
S. 9745. 1 CREDIT FOR PRIVATE OPEN SPACE
S. 9745.2 CREDIT FOR SPECIAL FACILITIES
S'a 9745.3 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT
S. 9746 CHOICE OF LAND OR FEE
S. 9747 ACTION OF CITY
S. 9748 PREREQUISITE FOR APPROVAL OF BUILDING PERMIT
S. 9749 COMMENCEMENT OF DEVELOPMENT
S. 9740 INTENT. This article is intended to provide a means
o"�r plementing the adopted recreational element of
the Master Plan which establishes definite principles and standards for
park and recreational facilities to serve the residents of Huntington
Beach.
S. 9741 ELOPER PROVIDE P D RECREATIONAL
FACIL S. Every residential developer who develops
land sha dedicate portion of such land, pay a fee, or a combination
of both, as set f th in this ordinance for ttie purpose of providing
park and recce tonal facilities to serve future residents of such
develop nt
S. 9742 APPLICATION. The provisions of this ordinance shall
apply to all residential developments except residential developments
for which building permits have been filed within thirty (30) days af-
ter the effective date of this ordinance.
S. 9743 RELATION OF LAND REQUIRED TO POPULATION DENSITY. It
is hereby found and determined:
S. 9743. 1 That the public interest, convenience, health, wel-
fare and safety require that approximately four (4)
acres of property, for each one thousand (1, 000) persons residing with-
in the city, be devoted to public park and recreational purposes.
S. 9743. 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 (12) acres
of property for each one thousand (1, 000) persons residing within the
City for park and recreation purposes;
S. 9743.3 That the remainder (22 acres) of the required four
(4) acres shall be supplied by the requirements of
this ordinance.
S. 9743. 4 Population density for the purpose of this ordinance
shall be determined in accordance with the latest
Federal Census for the City of Huntington Beach. This population dens-
ity will be adjusted according to each new Federal Census, to-wit:
NUMBER OF HABITABLE ROOMS POPULATION DENSITY
1 to 2 1. 1
3 1. 5
4 2.3
5 3. 8
6 or more 4. 5
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S. 9743.4. 1 HABITABLE ROOM - A habitable room is any room meet-
ing the requirements of the Uniform Building Code
for sleeping, living, cooking or dining purposes, excluding such
enclosed spaces as closets, pantries, bath or toilet rooms, service
rooms, connecting corridors, laundries, unfinished attics, foyers,
storage spaces, cellars, utility rooms and similar spaces. However,
a combination kitchen and dining area may be considered as one room.
In the event a room division is made by enclosing fifty percent (50%)
of the area contained in a cross section of said room,' with a wall,
divider or partition then the area on each side of said wall, divider
or partition shall be considered a separate room.
S. 9744 AMOUNT OF LAND TO BE DEDICATED OR FEE TO BE PAID.
e amount of land to be dedicated or fee to be
paid shall "Geld determined by the following:
S. 9744. 1 AMOUNT OF LAND TO BE DEDICATED - The amount of
land to be dedicated by a developer pursuant to
this ordinance shall be based on the gross area included on the
plot plan filed with the Building Department, determined by the
following formula:
FORMULA
a. For developments expressed as dwelling units and acres,
such as large area developments:
P _ 2.5 (No. D.U. x D.F. )
o. Acres) o. D.M. x 137.7
b. For developments expressed as dwelling units and square
feet, such as individual lots and small area developments:
P __ 2.5 (No. D.U. x D.F. )
QO o. Sq. t. 2. o. MU. x D.F. )
43560
c. Definition of Terms:
(1) P - Percentage of development area to be dedicated
as parksite or to be appraised for fee payment.
(2) No. D.U. - Number of dwelling units proposed in
deve lopment.
(3) D.F. - Density factor obtained from Section S.9743.4 as
applicable to proposed development zoning.
(4) No. Acres - Gross number of acres in development.
For tracts this area is equal to that indicated on the map as en-
compassing the gross subdivided area. For small lot or area
developments this area is equal to the area of the lot or lots plus
one-half the street and/or alley area to right-of-way centerline.
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(5) No. square feet - Gross number of square feet in
development, gross area being described as in Section 9743 hereof.
S. 9744.2 AMOUNT OF FEE IN LIEU OF LAND DEDICATION®
S. 9744.2. 1 Where a fee is required to be paid in lieu of land
dedication, such fee shall be equal to the amount
based upon the average fair market value of all public parks within
the City.
S. 9744.2. 1. 1. "Fair Market Value" shall be determined in accor-
dance with the following:
(a) Periodic appraisal of the property for the City
by a qualified real estate appraiser.
(b) If the developer objects to such valuation he may,
at his expense, obtain an appraisal of the
property by a qualified real estate appraiser. Said appraisal may be
accepted by the City Council if found reasonable ; or
(c) The City and developer may agree as to the fair
market value. Procedures for determining value of
land shall be developed to meet local conditions.
S. 9744.3 EXCEPTIONS. In the event a fee has been paid or
land has been dedicated for park and recreational
purposes , pursuant to provisions of the Subdivision Ordinance, such
fee or land dedication may be used to defray all or a part of the
requirements of this Article.
S. 9745 CREDITS
S. 9745. 1 CREDIT FOR PRIVATE OPEN SPACE® Where private open
space for park and recreational purposes is pro-
vided in a proposed development and such space is to be privately
owned and perpetually maintained and operated by the future residents
of the development or owner, such areas shall be credited against
the requirement of dedication of land for park and recreational pur-
poses, as set forth in Section 9744. 1 hereof, the payment of fees in
lieu thereof as set forth in Section 9744.2 hereof, or a combination
of both provided the City Council finds+ it is in the public interest
to do so, and that the following standards are met:
(a) That yards , court areas, setbacks and other open
areas required to be maintained by the zoning and
building regulations shall not be included in the
computation of such private open space; and
(b) That the private ownership and maintenance of the
open space is adequately provided for by written
agreement; and
(c) That the use of the private open space is re-
stricted for park and recreational purposes
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which cannot be defeated or eliminated without the
consent of the City Council and without providing
equivalent space elsewhere in the development .
(d) That the proposed private open space is reasonably
adaptable for use for park and recreational pur-
poses , taking into consideration such factors as
size , shape , topography, geology, access , and
location of the private open space land; and
(e) That facilities proposed for the open space are in
substantial accordance with the provisions of the
Parks , Open Spaces , Schools and Recreational
element of the master plan and are approved by the
City Council; and
(f) Any facility for which consideration is paid by
the public for its use shall not be credited as
private open space, except as hereinafter described
under Section 9745. 2 "CREDIT FOR SPECIAL FACILITIES "
(g) Any waterways which are used by the public but
without facilities for public docking of boats or
beach or waterfront accessible to the public adja-
cent to the waterways shall not be credited as
private open space , except as hereinafter
described under Section 9745 . 2 "CREDIT FOR
SPECIAL FACILITIES ."
S . 9745 . 2 CREDIT FOR SPECIAL FACILITIES When, in the design
of a development , space is allocated for a special
facility designed to serve the residents of that development , such as
a golf course or waterways , the developer may be given credit equi-
valent , either wholly or partially, to a community park( s) for such
facility provided such special facility is restricted to its initial
purpose . In the event such facility is terminated, the owner thereof
shall be obligated, at that time , to satisfy the initial requirements
for which the credit was given.
S . 9745 .3 CREDIT FOR SITE IMPROVEMENT AND DEVELOPMENT. Where
the developer desires to improve and/or develop
public or private open space facilities, and at the City' s discretion,
such costs may be credited, either wholly or partially, toward the
payment of the fees as set forth in Section 9744. 2 .
S . 9746 CHOICE OF LAND OR FEE .
S . 9746 . 1 PROCEDURE . The procedure for determining whether
the developer is to dedicate land , pay a fee or a
combination of both, shall be as follows :
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a
S. 9746.2 DETERMINATION, Whether the City accepts land dedi-
catiioF or elects to require payment of a fee in
lieu thereof, or a combination of both, shall be determined by
consideration of the following:
(a) The Parks, Open Spaces, Schools and Recreational
element of the City' s Master Plan; and
(b) Topography,geology, access and location of land
in the subdivision available for dedication; and
(c) Size and shape of the development and land avail-
able for dedication.
S. 9746.2. 1. The determination of 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.
On developments involving five (5) acres or less only the payment
of fees may be required.
S. 9746.3 DEVELOPER. The owners of the property (developer) ,
if he des�.res to dedicate property for park and
recreational purposes shall, prior to filing the plot plan for
approval, check with the City to determine whether or not his
property lies within the City' s Master Plan for Parks , Open Spaces,
Schools and Recreational facilities.
S. 9746.3. 1 If his property lies within the City's Master
Plan for neighborhood parks, he shall coordinate
with the necessary departments in the design of his development.
S. 9746. 3.2. If his land does not lie within the City ' s Master
Plan for neighborhood parks, he will be required
to pay a fee in lieu of dedication of land.
S. 9747 ACTION OF CITY. Prior to the time of Plot Plan
approval, the Building Director shall transmit
said plan to the Planning Commission for review. The Planning
Commission shall determine whether to require dedication of land
within the development, payment of a fee in lieu thereof, or a
combination of both.
S. 9748 PREREQUISITES FOR APPROVAL OF BUILDING PERMIT.
Where dedication is required it shall be accom,- _
plished prior to issuance of the building permit. Where fees are
required the same shall be deposited with the City prior to the
issuance of the building permit.
6 -
s
S. 9749 COMMENCEMENT OF DEVELOPMENT. The City shall begin
development of the recreation facility within five
(5) years from the time of final inspection of the development by
the Building Department.
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