The URL can be used to link to this page

Home My WebLink AboutZoning Text Amend 01-02 (Park In-Lieu Fee - Park Land Dedica � All, Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date:y November18 2002 Department ID Number: PL 02-51 b CITY OF HUNTINGTON BEACH REQUEST FOR ACTION r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoraZ4--p , PREPARED BY: HOWARD ZELEFSKY, Director of Planning -f EMer�e,cv Z;l 0/<Rz: /too. SUBJECT: APPROVE EMERGENCY ORDINANCE - ZONING T�Xl_, AMENDMENT NO. 02-05 (CHAPTER 230 PARKLAND IN-LIEU FEE ORDINANCE AND RESOLUTION) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 02-05, an emergency ordinance and resolution pertaining to the payment of Parkland In-Lieu Fees for new commercial and industrial development, and new residential development not covered under Section 254.08 (Quimby Fee) of the Huntington Beach Zoning and Subdivision Ordinance This draft ordinance is resented as an emergency ordinance at the direction of the (ZSO). p g y City Council. The proposed ordinance is in response to the City Council direction after the adoption of the Park and Recreation In Lieu Fee Ordinance approved earlier this year that requires a site-specific appraisal for new residential development involving a subdivision map. This draft ordinance and resolution will amend Section 230.20 of the ZSO by establishing a $0.23/sq. ft. fee for any new commercial and industrial floor area, and a $0.86/sq. ft. fee for new residential floor area not covered under Chapter 254 of the ZSO. Staff is recommending approval of the zoning text amendment and emergency ordinance and resolution in order to complete the prior action taken by the City Council. Funding Source: The zoning text amendment will not result in a cost to the City to implement. 0 REQUEST FOR ACTION 9 MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL 02-51 Recommended Action: STAFF RECOMMENDATION: Motion to: A. "Approve Zoning Text Amendment No. 02-05 with findings for approval (ATTACHMENT NO. 1); B. Adopt Emergency Interim Ordinance No. amending Section No. 230.20 of the Huntington Beach Zoning and Subdivision Ordinance (ATTACHMENT NO. 2)"; C. "Adopt Resolution No._?coa-/21 establishing Park and Recreation In-Lieu Fees for commercial and industrial development, and residential development not covered under Section 254.08 of the ZSO (ATTACHMENT NO. 4)". Alternative Action(s): The City Council may make the following alternative motion(s): A. "Deny Zoning Text Amendment No. 02-05 with findings for denial" B. "Continue Zoning Text Amendment No. 02-05 and direct staff accordingly." Analysis: Zoning Text Amendment No. 02-05 represents a request to amend Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) pursuant to Section 247.02 of the ZSO. The emergency ordinance would establish a park fee to be imposed as a condition of approval for new commercial, industrial and residential development. The California Legislature has previously determined that development fees are a matter of statewide concern, and California law requires that all changes or increases to development fees be subject to public notice and a public hearing. The publication requirements applicable to the proposed park fee were unable to be met prior to consideration of the emergency ordinance. However, California law permits the adoption of an interim ordinance without satisfying the notice procedures if a fee change or increase is necessary to protect the public, health, welfare and safety. Such interim authorization requires a 4/5 vote (6 affirmative votes) and is effective for thirty days. As a practical matter, if adopted as an emergency interim ordinance, before the expiration of thirty days a permanent ordinance or a 30-day extension to the interim ordinance would be brought to the City Council for their consideration. Either action will require publication of a notice of public hearing. The ordinance is presented as an emergency ordinance due to the necessity to provide funds for the development and rehabilitation of City parks and recreational facilities that are required to assure the provision of park land and recreational facilities available to serve new PL02-51 -2- 11/14/2002 11:56 AM REQUEST FOR ACTION i MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL 02-51 residential, commercial and industrial development projects at established City service levels standards within a reasonable period of time. In addition, in light of the current status of the State budget, as well as declining City reserves and the unavailability of funds necessary to develop City parks and recreational facilities that are needed to serve new development, as a matter of public health welfare and safety, it is necessary to impose fees on new development as soon as possible to ensure that development projects pay all applicable fees as soon as possible. Finally, because the City Council has already modified Chapter 254, it is also necessary to immediately revise Chapter230 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial projects. The ordinance would establish a park fee based on new commercial and industrial floor area, and new residential floor area, provided fees are not collected under Chapter 254 of the ZSO. The proposed park fees are as follows: Commercial and Industrial Development: $0.23/sq. ft. of floor area Residential Development (not covered under Ch. 254): $0.86/sq. ft. of floor area BACKGROUND: On June 17, 2002, the City Council adopted Ordinance No. 3562 updating the method for calculating Park and Recreation in-lieu fees for new residential subdivisions. With its adoption, the City Council directed staff to complete the review of the park fees collected under Section 230.20 and return with a revised ordinance and resolution. Following the City Council's action, Pulse Marketing completed an addendum to the Park Strategy and Fee Nexus Study (Sept. 25, 2002)which evaluated the impacts of contemplated future development on existing park and recreational facilities within the city. The study included analysis of the need for new park facilities and improvements required by new development and sets forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The draft ordinance reflects the findings and recommendations from the Park Strategy and Fee Nexus Study and addendum. STAFF ANALYSIS AND RECOMMENDATION: The main purpose of this zoning text amendment is to determine the appropriate land values equating to a fee in-lieu of actual parkland dedication. It ensures that current land values are utilized when calculating parkland in-lieu fees and that there is equity between those developers/property owners required to dedicate land versus those paying in-lieu fees. In addition, it enables the City to continue acquiring, improving, and rehabilitating park and recreational facilities throughout the City in accord with the goals and policies of the General Plan. Note that the formula for determining the amount of land to dedicate and when fees are applicable are not part of this request because these Quimby Act requirements have long been established in the City's Zoning Code. PL02-51 -3- 11/1412002 11:56 AM REQUEST FOR ACTION S MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL 02-51 Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act by exempting minor code amendments that do not change development standards intensity or density. Attachment(s): City Clerk's Page Number No. Description 1. Findings for Approval 2. Ordinance No. 3. Legislative Draft 4. Resolution No. a60�2' 42/ PL02-51 -4- 11/14/2002 11:56 AM ATTACHMENT NO. 1 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 02-05 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 02-05: 1. Zoning Text Amendment No. 02-05 amending Section 230.20 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) establishing park land in-lieu fees for commercial and industrial development and residential development not covered under Chapter 254 of the ZSO is consistent with the objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will allow the City to collect fees necessary to acquire and improve park and recreational facilities throughout the City consistent with the goals and policies of the General Plan. 2. The change proposed is compatible with the uses authorized in, and the standards prescribed for,the zoning districts for which it is proposed. The revised ordinance will apply to proposals for new commercial and industrial development and residential development not covered under Chapter 254 of the ZSO. The ordinance will not create any inconsistencies with other provisions in the Zoning and Subdivision Ordinance because it will only apply to fees for park and recreation facilities. 3. A community need is demonstrated for the change proposed. Based on the information and data collected and analyzed in the Park Strategy and Fee Nexus Study dated December 2001, and the Addendum dated September 2002, the new fees will provide revenue for the development and rehabiliation of the City's parks and recreational facilities. 4. The adoption will be in conformity with public convenience, general welfare and good zoning practice. The ordinance will result in the City's attempt to provide sufficient recreational opportunities for its residents and visitors consistent with the goals and policies of the General Plan. 0 See Res. No. 2002-121 ORDINANCE NO. 3594 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE- WHEREAS, on June 17, 2002,the Huntington Beach City Council adopted Ordinance No. 3562 revising Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance ("ZSO") which requires, as a condition of development approval,residential subdivisions to dedicate land or pay an in-lieu park fee. Such fees are levied pursuant to the authority of California Government Code Section 66477 (the"Quimby Act"). Among other things,the revisions to Chapter 254 adopted by City Council on June 17,2002 require that the in-lieu park fee be calculated using a site- specific appraisal methodology; WHEREAS,pursuant to ZSO Section 230.20, development projects not otherwise subject to the Quimby Act are required to pay a park fee calculated pursuant to ZSO Chapter 254; WHEREAS,the purpose of the fees levied on development projects pursuant to ZSO Chapters 230 and 254 is to provide funds necessary for the development and rehabilitation of City parks and recreational facilities that are required to assure the provision of park land and recreational facilities are available to serve new residential, commercial and industrial development projects at established City service levels standards within a reasonable period of time; WHEREAS, in light of the current status of the State budget, as well as declining City reserves and the unavailability of funds necessary to develop City parks and recreational facilities that are needed to serve new development, as a matter of public health welfare and safety, it is necessary to impose fees on new development as soon as possible to ensure that development projects pay all applicable fees as soon as possible; WHEREAS,because the City Council has already modified Chapter 254, it is also necessary to immediately revise Chapter 230 so that the collection of.fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial projects; NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.20 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.20 Payment of Park Fee As a condition of development approval, all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except G`ORDINAN002 Zoning Ord\02 Zoning Ord\chap 230.20.docl 1/15/02 1 • Interim #gency Ord. No. 3594 See Res. No. 2002-121 for mobile home parks, shall pay a park fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. SECTION 2. This ordinance shall become effective immediately. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at.a regular meeting thereof held on the 18th day of November ,2002: AA.AA Mayor ATTEST: CONNIE 13ROCKWAY APPROVED AS TO FORA City Clert, City Attorney 11 1912- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad nistrator tin Director of Co unity Services GA0KDINANC\02 Zoning Ord\02 Zoning Ord\chap 230.20.docI li14/02 2 Interim Emergency Ord. No. 3594 See Res. No. 2002-121 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of November, 2002 and was passed and adopted by at least four-fifths (4/5) affirmative vote of said City Council, AYES: Green,Dettloff, Boardman, Cook,Houchen, Winchell,Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach CO N N I E BROCKWAY Fountain Valley Independent on December 5, 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk onnie Brockway. City Clerk of the City Council of the City fl 1 Deputy City Clerk of Huntin on Beach, California Ordinance No. LEGISLATIVE DRAFT E:apter"230 Site Standards (3249-6/95,3301-11/95,3334-6/97,3410-3/99,3455-5/00,3482-12/00,3494-5101,3525-2102) Sections: 230.02 Applicability Residential Districts 230.04 Front and Street Side Yards in Developed Areas 230.06 Religious Assembly Yard Requirements 230.08 Accessory Structures 230.10 Accessory Dwelling Units 230.12 Home Occupation in R Districts 230.14 Affordable Housing-Incentives/Density Bonus 230.16 Manufactured Homes 230.18 Subdivision Sales Offices and Model Homes 230.20 Payment of Parkland Dediemien in hieu.Fee 230.22 Residential Infill Lot Developments 230.24 Small Lot Development Standards (3455-5/00) 230.26 (Reserved) 230.28 (Reserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations 230.34 Housing of Goods 230.36 Transportation Demand Management 230.38 Game Centers 230.40 Helicopter Takeoff and Landing Areas 230.42 Bed and Breakfast Inns 230.44 Recycling Operations 230.46 Single Room Occupancy 230.48 Equestrian Centers 230.50 Indoor Swap Meets/Flea Markets 230.52 (Reserved) - 230.54 (Reserved) 230.56 (Reserved) 230.58 (Reserved) 230.60 (Reserved) All Districts 230.62 Building Site Required 230.64 Development on Substandard Lots 230.66 Development on Lots Divided by District Boundaries 230.68 Building Projections into Yards and Courts Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-1 2/02 230.70 Measurement of Height 230.72 Exceptions to Height Limits 230.74 Outdoor Facilities 230.76 Screening of Mechanical Equipment 230.78 Refuse Storage Areas 230.80 Antennae 230.82 Performance Standards for All Uses 230.84 Dedication and Improvements 230.86 Seasonal Sales 230.88 Fencing and Yards 230.90 Contractor Storage Yards/Mulching Operations 230.92 Landfill Disposal Sites 230.94 Carts and Kiosks 230.02 Applicability This chapter contains supplemental land use and development standards, other than parking and loading, landscaping and sign provisions, that are applicable to sites in all or several districts. These standards shall be applied as specified in Title 21: Base Districts, Title 22: Overlay Districts, and as presented in this chapter. Residential Districts 230.04 Front and Street Side Yards in Developed Areas Where lots comprising 60 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front and street side yard setback requirements, The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Blocks with such special setback requirements shall be delineated on the zoning map. Within the coastal zone any such setback modifications adopted by the Planning Commission shall be consistent with the Local Coastal Program. (3334- 6/97) 230.06 Religious Assembly Yard Requirements Yards, height and bulk, and buffering requirements shall be as specified by a conditional use permit, provided that the minimum interior side yard and rear yard shall each be 20 feet. Yards adjoining street property lines shall not be less than required for a permitted use. 230.08 Accessory Structures A. Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins and may remain on the site only for the duration of construction. B. Location. Except as provided in this section, accessory structures shall not occupy a required front, side or street side yard or court, or project beyond the front building line of the Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-2 6/97 b. It must be built on a permanent foundation approved by the Building Official; c. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; d. The unit's skirting must extend to the finished grade; e. Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited; f. The roof must have a pitch of not fewer than 2 inches vertical rise per 12 inches horizontal distance, with eave overhangs a minimum of 12 inches; g. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Huntington Beach; ed h. The floor must be no higher than 20 inches above the exterior finished grade; and i. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area. C. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled,pursuant to state laws and standards. Before occupancy,the owner shall provide to the Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state,the owner shall provide the Director with a statement to that effect from the dealer selling the home. 230.18 Subdivision Sales Offices and Model Homes Subdivision sales offices and model homes in conjunction with an approved subdivision is permitted with the following requirements. (3525-2/02) A. The office shall be discontinued within 30 days following sale of the last on-site unit. A cash bond shall be posted with the City in the amount of$1,000 for the sales office and$1,000 for each model home to guarantee compliance with the provisions of this code. B. The developer or contractor shall furnish a site plan showing the placement of the sales office and all model ,si ns parking signs, directional signs,temporary structures,parking and g P g g landscaping. C. No sales office shall be converted or expanded into a general business office for the contractor or developer. 230.20 Payment of Paddand Dedieation in Lieu Fee As a condition of development approval, all new commercial and industrial development and Aall new single. family a multi family housing�pfejeets, mobile home pafks and any ethe residential ups development not covered by Chapter 254 of Title 25, Subdivision Ordinance, except mobile home parks,. Those developments shall pay a park in lieu fee ' er-danee • 4 the re --25 requirements of Chapter- . The fees shall be paid and Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-10 2102 calculated according to a schedule adopted by City Council resolution. and shall be paid at the 230.22 Residential Infill Lot Developments The following Residential Infill requirements are intended to minimize impacts on contiguous developed single family residential property and provide standards that insure compatibility and appropriate design for projects located within existing residential neighborhoods, unless to do so would contravene the terms of an existing Development Agreement. (3301-11/95) Infill development site plans and building design shall be harmonious and compatible with streets, driveways,property lines, and surrounding neighborhood. Compatibility considerations should include,but not be limited to, lot size, lot frontages, building layout, building configuration and design, building materials, product type, grade height and building height relative to existing dwellings, and visual intrusion concerns. The Director of Community Development shall cause all requests for plan check and issuance of building permits for residential infill lot development to be reviewed in accordance with these requirements. (3301-11/95) A. Privacy Design Standards. 1. New residences shall off-set windows from those on existing residences to insure maximum privacy. The use of translucent glass or similar material, shall be used for all bathroom windows facing existing residences. Consider locating windows high on elevations to allow light and ventilation, and insure privacy. (3301-11/95) 2. Minimize the canyon effect between houses by clipping roof elevations on side yards. Provide roof line variations throughout a multi-dwelling infill development. (3301-11/95) 3. Provide architectural features (projections, off-sets)to break up massing and bulk. 4. Upper story balconies shall be oriented toward the infill house's front or rear yard areas, a public street or permanent open space. (3301-11/95) B. Noise Considerations. (3301-11/95) 1. Swimming pool/hot tub equipment, air conditioning equipment, and other permanently installed motor driven equipment shall be located to minimize noise impacts on contiguous residences. (3301-11/95) C. Pad Height. (3301-11/95) 1. Pad height for new construction shall match to the extent feasible pad heights of contiguous residences. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the Community Development Director and the City Engineer that the additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. (3301-11/95) D. Public Notification Requirements. 1. Ten(10)working days prior to submittal for plan check(plan review)the applicant shall give notice of the application to adjacent property owners and the City of Huntington Huntington Beach Zoning and Subdivision Ordinance Chapter 230 230-11 5/00 See Krim Emergency Ord. No. 3594 RESOLUTION NO. 2002-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE PAYMENT OF A PARK FEE PURSUANT TO SECTION 230.20 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE WHEREAS, Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach Zoning and Subdivision Ordinance ("City Zoning and Subdivision Code")requires all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, of the City Zoning and Subdivision Code, except for mobile home parks,to pay a park in-lieu fee in accordance with the requirements of Chapter 254 and calculated according to a schedule adopted by City Council resolution; and The City Council has reviewed a report dated December 2001 entitled"City of Huntington Beach Park Strategy and Fee Nexus Study" (hereinafter"Park Fee Study") and an addendum thereto dated September 25, 2002 (hereinafter"Addendum"), which evaluated the impacts of contemplated future development on existing park and recreational facilities within the City of Huntington Beach. The Park Fee Study and Addendum include an analysis of the need for new park and recreational facilities and improvements required by new development and sets forth the relationship between new development,the needed facilities, and the estimated costs of those improvements; and The Park Fee Study and Addendum have been available for public inspection and review prior to consideration of this resolution by the City Council after a public hearing. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY FIND, RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. Findings. After review of the Park Fee Study and Addendum, other staff reports, and the testimony and information received on this matter, the City Council makes the following findings: 1. That the purpose of the fee to be paid pursuant to Secton 230.20 of Chapter 230 of Title 23 of the City Zoning and Subdivision Code ("Fee") is for the development and rehabiliation of the City's parks and recreational facilities in order to assure that the policies and standards for park, open space and recreational facilities contained in the City's General Plan and described in the Park Fee Study are met. 2. That additional park and recreational facilities will be needed to serve commercial, industrial and residential development within the City subject to Section 230.20 of the City's Zoning and Subdivision Ordinance in order to meet the policies and goals contained in the City's General Plan. 3. That the Fee imposed as a condition of development approval in connection with the construction of new floor area for all commercial, industrial and residential G:aES0LUTM2002\in lieu park-clean.doc 1 . Res.No. 2002-121 See Interim Emergency Ord. No. 3594 development projects subject to Section 230.20 of the City Zoning and Subdivision Code, shall be used to develop and rehabilitate park and recreational facilities within the City to assure the provision of park land and recreational facilities needed to serve such development at established City service levels standards within a reasonable period of time. 4. That the Fee hereby imposed is reasonably related to the impacts of new residential, commercial and industrial development because, as determined by the Park Fee Study and the Addendum, future residents will benefit from appropriately planned, and constructed park and recreational facilities. The Fee is reasonably related to the impacts of development on the City's park land and recreational facilities because, and demonstrated by the Fee Study and the Addendum,the type of development subject to the Fee generates increased use an r� g ased u of park d recreational facilities throughout the City which necessitates development and rehabiliation of the City's existing park and recreational facilties and acquisition of additional facilities. The Fee proceeds will be used to mitigate these impacts. 5. That there is a reasonable relationship between the amount of the Fee and the portion of the cost of needed park and recreational facilities and/or improvements attributable to new development in the City because the amount of the Fee is based upon the square footage of the proposed development. 6. The fees collected pursuant to this Resolution shall be transferred for deposit into a separate fund from any fees or revenues of the city and all such funds shall be _accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of that account. The City shall commit or expend park fees deposited to the account within five years from the date of deposit. SECTION 2. Definitions. For the purposes of this Chapter,the following terms shall be defined as follows: (a) "New development" shall mean the construction ofnew floor area for a residential, commercial or industrial project; (b) "Commercial or Industrial Development Project" shall mean the construction of New Floor area on a lot in any non-residential zoning district of the City; (c) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington Beach Building Code; (d) "Residential Development Project" shall mean the construction of new Floor Area on a lot in any residential zoning district of the City. SECTION 3. Fee. For new residential development, the Park Fee shall be equal to $0.86 per square foot. For each new commercial development,the fee shall be $ 0.23 per square foot. For each new industrial development,the fee shall be $ 0.23 per square foot. G_\RESOLUM2002\in lieu park-clean.doc 2 Res.No. 2002-121 See Interim Emergency Ord. No. 3594 SECTION 4. Payment of Fee. The Park Fee shall be charged upon issuance of any Building Permit. A Park Fee imposed on new commercial or industrial development shall be paid upon issuance of a Building Permit. A Park Fee imposed on new residential development shall be paid prior to the final inspection. SECTION 5. Use of Fee. All fees collected pursuant to Section 230.20 of the City Zoning and Subdivision Code shall be used to finance the park and recreational facilities and improvements identified in the"Park Development and Rehabilitation Capital Improvement Plan"as adopted by the City Council on an annual basis. SECTION 6. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented,leased,sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the"affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household"as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed, or other 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. 2. Reconstruction of any residential, commercial, or industrial development project tht is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction to be assesed a fee. SECTION 7. California Environmental Quality Act. The City Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQA") under Section 15273(a)(4)of the California Code of Regulations, commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because there is no reasonable possibility that the modification of the parkland in-lieu fee could negatively affect the physical environment. To the contrary,the Fees will be collected to mitigate the environmental impacts of new development on the City's park and recreational facilities. Any environmental impacts associated with specific projects that may be undertaken with Fee proceeds will be assessed as each project is formulated. The City Council also hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted the City Council pursuant to Resolution No. 4501,which provides that minor amendments to zoning ordinances that do not change the development standards intensity or density are exempt as a Class XX exemption. GARESOLUTN\2002\in lieu park:-clean.doc 3 0 Res.No. 2002-121 See Interim Emergency Ord. No. 3594 SECTION 8. Effective Date. This Resolution shall take effect immediately. SECTION 9. Resolution No. 6226 is hereby repealed. SECTION 10. The Park Fee Study and the Addendum are hereby approved and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2002. ATTEST: CWNT BROCKWAY City Clerk Mayor gx d&A-oc-, REVIEWED AND APPROVED: APPROVED AS TO FORM: ��— City Admini9fator City Attorney%i j3/o z INITIATED AND APPROVED: t � .4t ht Direc or of Community Se es Ll G:\RESOLUTN\2002\in lieu park-clean.doc 4 Res. No. 2002-121 See InterimEmergency Ord. No. 3594 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 18th day of November, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None CONNIE 13ROCKWAY City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r CA STATEMENT OF ISSUE: At City Council direction, staff has prepared an interim emergency ordinance and resolution amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance pertaining to the payment of fees for new residential, commercial and industrial development that is not subject to Section 254 of the Huntington Beach Zoning and Subdivision Ordinance. I • City Council previously adopted Chapter 254,Park Acquisition and Development Fee(Quimbly Act),and directed staff to prepare an additional ordinance for a Park&Recreation Mitigation Fee(Chapter 230)for development not covered under Chapter 254. • On Nov.6,2002 City Council directed staff to bring the new ordinance forward on Nov. 18,2002 as an emergency ordinance for Council adoption. • State law requires a 10 day noticed public hearing in order to adopt an emergency ordinance.Staff did not have time to do the proper notice. Council can adopt the ordinance as an interim emergency ordinance and staff will notice a public hearing for Dec. 16,2002 for final adoption of the emergency ordinance. 2 116 SUMMARY OF THE NEW ORDINANCE: • Establishes a$0.23/sq.ft.fee for any new commercial and industrial floor area. • Establishes a$0.86/sq.ft fee for any new residential floor area not covered under Chapter 254 of the ZSO. • Exempts mobile homes. • Exempts affordable housing projects. • Exempts rebuilding due to fire or natural disaster. • Does not apply to remodeling permits where no new square footage is being added. 3 • Pulse Marketing completed an addendum to the park fee nexus study that determined the fee. • The funds received from the fee can only be spent on park& recreation facilities development,rehab and replacement. • A separate fund has to be set up and Council has to adopt an annual capital improvement program for the funds. • An annual report is required showing the expenditure of the funds. • The fee will be updated at least every three years. -This ordinance will replace the use of Chapter 254 fee formula for the Chapter 230 Park&Recreation Mitigation Fee. • The Chamber of Commerce has reviewed the proposed ordinance,and recommends the adoption of the fee. 4 2 Recommendation: Motion to: A. "Approve Zoning Text Amendment No.02-05 with findings for approval(ATT.#1); B. Adopt Emergency Interim Ordinance No. amending Section No.230.20 of the HB Zoning and Subdivision Ordinance(Att.#1); C. "Adopt Resolution No. establishing Park and Recreation In- Lieu Fees for Commercial and Industrial Development,and Residential Development not covered under Section 254.08 of the ZSO(ATT.#4;and D. Direct staff to advertise the Emergency Ordinance pursuant to state law and place on the December 16,2002 Council agenda for final adoption. s 3 OK� i Me CITY OF HUNTINGTON BEACH tbli INTERDEPARTMENTAL COMMUNICATION HUNTLNGTON BEACHTO: Gail Hutton,City Attorney FROM: Con'nie Bro� Ci�rk _- Y Y DATE: July 23, 2002 - _- SUBJECT: Request for Ordinance Codification Clarification In codifying Ordinance No. 3562 the following issue needs to be addressed: s s a3--'7Z ❑ Discrepancy in text betweentegislative Draft and adopted Ordinance See Below Shelf Copy S. 254.08 v. Legislative Draft/Ordinance as adopted. (See highlighted sections.) Please refer to attached code for your convenience. By memo to City Clerk's Office, please document and sign below, which version is correct and whether or not we need to return to Council. City Clerk's comments: °ate% a.�� f C?�� ac.P vr� i ;7/0 ff c2-) 4- ass= 3 << r City Attorney's comments and signature: By: City Attorney/Assistant/Deputy H:ross/attomeyclarific arionmem FAN CITY OF HUNTINGTON BEACH Inter-Department Communication TO: Connie Brockway,Ci ty Clerk Dale Jones,Deputy City Clerk FROM: Gail Hutton, City Attorney DATE: July 29,2002 SUBJECT: Shelf Copy of Section 254 of City of Huntington Beach Zoning and Subdivision Ordinance On June 17, 2002,the City Council of the City of Huntington Beach adopted Ordinance No. 3562. The purpose of this memorandum is to clarify that the language of the ordinance and legislative draft,reflects the actions taken by the Agency. The discrepancies between Ordinance No. 3562 and the legislative draft, and Shelf Copy § 254.08 are minor,typographical and resulted from clerical error. I apologize for any inconvenience this has caused your record-keeping process. Gail Hutton, City Attorney Ilm G:\Mulvihill\02Memos\ClerkRe254.doc Ord. No. 3562 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site,such portion shall be dedicated, and a fee, computed according to Section 254.08(I) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. I. Amount of Fee in Lieu of Park Land Dedication..Where a fee is re uired to-be aid in lieu of park land dedication, such fee shall be equal to a fair market value or each acre which would otherwise have been required to be dedicated by Section 254.08D. Fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers("Qualified Real Estate Appraiser'). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the- value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. If the subdivider objects to the fair market value as determined by the Qualified Real Estate Appraiser,the subdivider may, at his own expense, retain another . Qualified Real Estate Appraiser to complete a second appraisal. If the City- disputes the fair market value as determined by the second appraisal,the matter will be submitted to binding arbitration at the expense of the subdivider. onsisting ee o Subdivision�c. � f {�arcels. If the proposed subdivision r�we contains thre (3)or fewer parcels, e D ctor shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense,a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than$5,000.00,the average of both determinations shall be established as the fair market value. J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of,or a combination of both, shall be determined by the Director after consideration of the following: l. Policies,standards and principles for park and recreational facilities in the General Plan; 2. Topography,geology,access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; GAORDINA\C\01 Zoning Ord\02 Zoning Ord'chap 254.dodll-V02 5 \J 1 35� 4. Standard Im rovements. When the requirements of this Section are met solely on the asis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, . sidewalks street signs, matchin ppaveme d nt and street to full City standards, stubbing in of uiIity line services to the park facility, and all standard improvements required by the City for residential subdivisions. H. G Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots,the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(H)(I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). 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 ortion shall be dedicated, and a fee, computed according to Section 254.08R shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. I. 14. Amount of Fee in Lieu of Park Land Dedication. Whe rre ui�ed to be paid in lieu of park land dedication, such fee shall be equal the fair market slue for each acre which would otherwise have been required to be e 1 ate y Section 254.08D.; 0 ed; publie pafk ^ atie al ..ass Fair market value of the land shall be determined by a qc�ualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers UQualified Real Estate Appraiser"). The fair market value 6T 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 inSection 254.08L. If the subdivider objects to the fair market value as determined by the Qualified Real Estate Ap raiser, the subdivider may, at his own expense, retain another ualified Real Estate Appraiser to complete a second appraisal. If the ity disputes the fair market value as nninon54 D!5/14'07 6 QZQ subdivider shall, at the City's discretion, either dedicate land in the amount provided in Section 254.08(D)or pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(H). 2. Fees in Lieu of Land- 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(H). 3. Use of Money. The money collected shall be used, in accordance with the schedule developed pursuant to Section 254.08(K), for the purpose of 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. The money 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. G. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots,the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(H) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 254.08(H) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). ` 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. H. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated by Section 254.08D, which amount is sixty percent(60%) of the average fair market value per acre of land in all Chapter 254 254-4 12/18/01 4 f Ord. No. 3562 4. Feasibility of dedication; 5. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by the City as to whether 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 Priyate Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F),the value of the improvements together with any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit,not to exceed 50 percent, against the amount of land required to be dedicated,or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development,which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met. l. 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. l. At the time of the recording of the final map or parcel map,the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and, if approved,shall be recorded concurrently with the final map or parcel map. GAORD1NANC\01 Zoning Ord',02 ZoningOrd`chap 254.doc5/14.'02 determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions Consisting of Three or Fewer Parcels. If the proposed subdivision contains three ) or ewer parcels, t e Director shall 'n a fair market value of the property to be subdivide determine the p ty d a P based upon the fair market valueof d acent parcels in consideration of site characteristics of the property. I f the subdivider objects to the determination of the Director the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. J.I. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of,or a combination of both, shall be determined by the Director after consideration of the following: 1. Policies,standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 4. Feasibility of dedication; 5. Compatibility of dedication vdth 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.1. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F),the value of the improvements together with any equipment located thereon shall a credit against.toward the payment of fees or dedication of S land required by this ction. 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&ction, for the value of private open space within the development, which is usable or active recreational uses,if the City Council, on the recommendation of the Community Services PaFks and Re _eatie , Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; RL zoned neighborhood public parks within the City if such land were not used for or zoned for public park or recreational purposes. Fair market value of the land shall be determined by a qualified real estate appraiser. Such appraisal shall exclude improvement. (3468-8100) I. 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 consideration of the following: 1. Policies, standards and principles for park and recreation facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 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. J. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land,the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this section. Planned developments,real estate developments, stock cooperatives, and condominiums 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 Parks and Recreation Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas,setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant,which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; Chapter 254 254-5 12/18/01 45a. c Council/Agency Meeting Held: 66 -03- 02 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Dli�'/-City Clerk' ignature c Council Meeting Date: June 3, 2002 Department ID Number: PL 02-17 06-17-02 �1 on_N . 35b2 ` CITY OF HUNTINGTON BEACH P-Ijti REQUEST FOR ACTION ^' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMII�R8-_: SUBMITTED BY: RAY SILVER, City Administratorq,�F,/ PREPARED BY: HOWAR4 ZELEFSKY, Director of Planning SUBJECT: APPROVE ZONING TEXT AMENDMENT N . 01-02 (PARKLAND IN-LIEU FEE ORDINANCE AND RESOLUTIONS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 01-02, which includes a draft ordinance and two resolutions pertaining to the payment of Parkland In-Lieu Fees for new residential development. The request is submitted by the Department of Community Services at the direction of the City Council The proposed ordinance will amend the Huntington Beach Zoning and Subdivision Ordinance (ZSO) by modifying the method for determining fees in-lieu of parkland dedication by requiring a site-specific appraisal of the project site for new residential development involving a subdivision map (tract maps and parcel maps). The two accompanying resolutions will update the City's density factor (average persons per household), and maintain the in-lieu park fees currently being collected for residential projects not requiring a subdivision map. Presently, fees for all new residential projects (with and without a subdivision map) are based on 60% of the average fair market value per acre of parkland in all RL zoned neighborhood public parks throughout the city. The Planning Commission reviewed the proposed ordinance and voted to forward it the City Council without a recommendation (ATTACHMENT NO. 6). Staff is recommending approval of the zoning text amendment requiring a site-specific appraisal to be submitted to determine the exact park in-lieu fee for residential projects involving a subdivision map and to maintain current fees for new residential projects without a subdivision map. (Recommended Action). Funding Source: The zoning text amendment will not result in a cost to the City to implement. 6, �� REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 Recommended Action: STAFF RECOMMENDATION: Motion to: A. "Approve Zoning Text Amendment No. 01-02 with findings for approval (ATTACHMENT NO. 1) and adopt Ordinance No. aS-60- amending Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance relating to the dedication and reservations of land parcels (ATTACHMENT NO. 2)"; B. "Adopt Resolution No.2,b0a �54establishing a population density factor to be used to determine the amount of land to be dedicated by developers for park purposes (ATTACHMENT NO. 4)"; and C. "Approve Resolution No.;,062r5_/setting the fee schedule for the parkland dedication in- lieu fee authorized by Zoning and Subdivision Code Section 230.20 (ATTACHMENT NO. 5). Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 01-02 with findings for denial" 2. "Continue Zoning Text Amendment No. 01-02 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, Department of Community Services Location: Residential Districts Citywide Zoning Text Amendment No. 01-02 represents a request to amend Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) pursuant to Section 247.02 of the ZSO. The draft ordinance would change the method for determining the dollar amount for each acre of land which would otherwise have been required to be dedicated for park purposes. Currently, the in-lieu fee is based upon 60% of the average fair market value per acre of parkland in all RL zoned neighborhood public parks. Presently, the 60% value is $519,976. The modifications to the existing ordinance are reflected in the Legislative Draft (ATTACHMENT NO. 3) and are summarized below: PL02-17 -2- 5/28/2002 3:01 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 • Added a section to discuss the general purposes and objectives of the park ordinance • Added language that fees can be used city wide for acquisition, development and rehabilitation of park facilities • Added language that requires a developer to complete or pay for off-site improvements in addition to the park in-lieu fee • Added language requiring City to establish a separate park in-lieu fee account and provide an annual report to the City Council • Requires land value to be based on 100% of the appraised acre value of property to be subdivided at the time of recording the final map • Requires appraisal to be completed by qualified "Real Estate Appraiser" - member of American Institute of Real Estate Appraisers • Added language addressing appeal process for interpretation and/or implementation of the appraisal review procedure The draft ordinance specifies that the in-lieu park fee shall be based on the fair market value of property to be subdivided on a per acre basis. The fair market value shall be determined by a qualified teal estate appraiser selected and retained by the City at the expense of the subdivider. The appraisal would be valid for 60 days, during which time the parkland in-lieu fee shall be collected by the City. The in-lieu fees are to be paid prior to recordation of final subdivision maps. In the event the fee is not collected within the 60 day period, a new or updated appraisal would be required for review and approval by the City since the value of property could fluctuate over a 60 day period. An appeal process for contesting the fair market value identified in the appraisal has been included in the ordinance. If the subdivider disputes the appraised value, a second appraisal retained by the subdivider may be submitted for review and approval by the City. If the City disputes the value in the second appraisal, the matter would be submitted to binding arbitration at the expense of the subdivider. It should be noted that since the last Planning Commission meeting, two exemptions have been incorporated into the draft ordinance that would exempt residential developers from payment of parkland in-lieu fees referenced in Chapter 254 (Quimby fee). The first exemption applies to affordable housing projects restricted entirely to low and very low income families earning an income less than 80% of county median. The second exemption would allow for a subdivision of a 50 ft. wide lot into two 25 ft. wide lots provided the property was held under common ownership for at least five years. Although these two project types would be exempt from the subdivision parkland in-lieu fee referenced in Chapter 254, they would still be subject to a-residential in-lieu park fee referenced in Section 230.20 of the ZSO currently at $8,918 per single family unit. PL02-17 -3- 5/28/2002 3:06 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 Density Factor& Section 230.20 Resolutions Two resolutions accompany the draft ordinance. One resolution (ATTACHMENT NO. 4) updates the City's density factor (average occupants per residential unit) used in the park in- lieu fee formula. Currently, the City utilizes a range of density factors adopted in 1982 varying from 1.17 for a single/bachelor unit in a multi-family project to 3.43 for a single family residence. Based on the most recent Census figures, a 2.68 density factor is recommended for all residential projects, regardless of unit type since no detailed breakdown on unit type is available from the U.S. Department of Census. The second resolution (ATTACHMENT NO. 5) addresses the distinction between Section 230.20 of the Zoning and Subdivision Ordinance and the subject zoning text amendment to Chapter 254. Chapter 254 relates to the Quimby Act and authorizes the City to collect fees from subdividers processing subdivision maps. Alternately, Section 230.20 applies to new residential projects that do not involve subdivision maps. These projects would continue to pay the current fees until further study. The resolution lists the fees for projects, notwithstanding the new formula and use of site-specific appraisals referenced in the proposed ordinance (Chapter 254). As a result, new residential development on lots previously subdivided (e.g. downtown area) would continue to pay the existing fee of$8,918 per single family residential unit if there has never been any fee previously paid. The new procedure will ensure that current land values are utilized when calculating park in- lieu fees and will enable the City to acquire and/or improve park and recreational facilities in order to achieve the goal of providing five (5) acres of parkland for every 1,000 residents. B. BACKGROUND: Prior to the amendment in 2000, the City revised the ordinance in 1990 when it established an approximate $182,000 per acre value for parkland which resulted in a park in-Lieu fee of $3,120 per unit. This fee of$3,120 per single family unit was collected for 18 years. The City last updated the in-lieu park fee in June of 2000 when the City Council approved Ordinance No. 3468 which revised the formula to incorporate a value of 60% of the average land value per acre based on a citywide appraisal of neighborhood parks (Low Density Residential zoning without improvements). The 60% value or $519,976 was used to determine the park in-lieu fees. Based on the current value, new single-family developments are required to pay $8,918 per unit. Upon the adoption of Ordinance No. 3468 in 2000, the City Council directed staff to conduct a Park Strategy and Fee Nexus Study. The study by Pulse Marketing was completed to identify the City's goals for park and recreational facilities. The draft ordinance reflects the findings and recommendations from the Park Strategy and Fee Nexus Study. PL02-17 -4- 5/28/2002 3:05 PM i • REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 Development of new residential subdivisions are required to comply with the City's Parkland Dedication Ordinance which is part of the City's Zoning and Subdivision Ordinance (State Quimby Act). If the proposed subdivision contains 50 units or less and has no park and recreational facility depicted in the General Plan, the subdivider has the option to pay a fee. If the subdivision contains more than 50 units, the City may require land dedication or payment of a fee in-lieu of the dedication. The fee shall be equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed development. C. PLANNING COMMISSION MEETINGS: The Planning Commission held three public hearings and three subcommittee meetings to discuss the proposed zoning text amendment. On February 12, 2002, the Planning Commission received public testimony from six people on the proposed ordinance. All of the speakers expressed concern over the new fee and impact the proposed amendment to Section 254.08 Parkland Dedication would have on Section 230.20 Payment of Parkland Dedication In-Lieu Fee of the City's zoning code. Section 230.20 applies to new residential projects that do not involve a subdivision map. The speakers requested a continuance to allow a subcommittee of interested parties to review the amendment with the City. Following the hearing, the commission continued their action in order to hold a Planning Commission subcommittee meeting with staff and concerned parties to study the impact of the proposed fee increase. A subcommittee comprised of three Planning Commissioners, representatives from the Chamber of Commerce, Huntington Beach Tomorrow, downtown builders, and City staff met twice to discuss specific issues raised by the Planning Commission. The subcommittee prepared a summary report of the issues and forwarded the report to the Planning Commission. The report included a summary of responses from members of the Chamber of Commerce/downtown builders, Huntington Beach Tomorrow, and City staff on eight specific issues/questions raised by the Planning Commission. At the April 9, 2002 Planning Commission meeting, the Commission reviewed the subcommittee's summary report. After reopening the public hearing and receiving testimony from six individuals, the Commission continued their action to their next meeting requesting staff meet with the three commissioners on the subcommittee to discuss alternate methods for calculating the park fee. The subcommittee met on April 15, 2002 to discuss the relationship between Section 254.08 and Section 230.20 of the ZSO. The subcommittee then recommended that the Planning Commission direct staff to prepare an updated resolution applicable to Section 230.20 based on the completed nexus study. The resolution would be forwarded to the City Council concurrently with the proposed zoning text amendment to Chapter 254. PL02-17 -5- 5/28/2002 3:05 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 On April 23, 2002, the Planning Commission reopened the public hearing. Eight people testified on the proposed fee amendment, most of which were concerned with the connection between the Chapter 254 and Section 230 and the impact the revised ordinance would have on residential development on high value properties, specifically in the downtown area. After several motions and 3-3 tie votes, the Planning Commission directed staff to forward the draft ordinance to the City Council without a recommendation. The following is an excerpt from the April 23, 2002 Planning Commission draft minutes: Plannin_a Commission Action on April 23, 2002: A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ZONING TEXT AMENDMENT NO. 01-02 (STAFF RECOMMENDATION), INCLUDING ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION)TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY AND FORWARD TO THE CITY COUNCIL FOR CONSIDERATION. NO VOTE WAS TAKEN A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC,TO AMEND THE MAIN MOTION BY REMOVING THE 20% SITE IMPROVEMENT FEE INCLUDED IN SECTION 254.08 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY THE FOLLOWING VOTE: AYES: Mandic, Hardy, Shomaker, Livengood NOES: Kerins, Kokal ABSENT: Porter ABSTAIN: None MOTION PASSED THE ORIGINAL MOTION MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ZONING TEXT AMENDMENT NO. 01-02(STAFF RECOMMENDATION), INCLUDING ALTERNATIVE ACTION-A- (SUBCOMMITTEE RECOMMENDATION) DIRECTING STAFF TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY AND REMOVAL OF THE 20% SITE IMPROVEMENT FEE AND FORWARD TO THE CITY COUNCIL FOR CONSIDERATION BY THE FOLLOWING VOTE: AYES: Kerins, Hardy, Kokal NOES: Mandic, Shomaker, Livengood ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR (4)AFFIRMATIVE VOTES PL02-17 -6- 5/28/2002 3:09 PM • • REWEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO FORWARD ZONING TEXT AMENDMENT NO. 01-02 (STAFF RECOMMENDATION)TO THE CITY COUNCIL FOR CONSIDERATION WITHOUT A FORMAL RECOMMENDATION BY THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION)TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY. NO VOTE WAS TAKEN A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO AMEND THE MAIN MOTION APPLICABLE TO SECTION 230.20 BY USING AN AVERAGE PROPERTY VALUE WHEN CALCULATING THE PARK IN-LIEU FEE, BY THE FOLLOWING VOTE: AYES: Mandic, Shomaker, Livengood NOES: Kerins, Hardy, Kokal ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR(4)AFFIRMATIVE VOTES A MOTION WAS MADE BY HARDY, SECONDED BY KERINS, TO APPROVE ALTERNATIVE ACTION -A- (SUBCOMMITTEE RECOMMENDATION)TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY, BY THE FOLLOWING VOTE: AYES: Kerins, Hardy, Kokal NOES: Mandic, Shomaker, Livengood ABSENT: Porter ABSTAIN: None MOTION FAILED DUE TO LACK OF FOUR (4)AFFIRMATIVE VOTES A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO FORWARD ALTERNATIVE ACTION "A" (SUBCOMMITTEE RECOMMENDATION) DIRECTING STAFF TO PREPARE AN UPDATED RESOLUTION APPLICABLE TO SECTION 230.20 BASED ON THE NEXUS STUDY WITHOUT A FORMAL RECOMMENDATION BY THE PLANNING COMMISSION TO THE CITY COUNCIL FOR CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Mandit, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: Porter ABSTAIN: None MOTION PASSED PL02-17 -7- 5/28/2002 3:09 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 D. STAFF ANALYSIS AND RECOMMENDATION: The main purpose of this zoning text amendment is to determine the appropriate land values equating to a fee in-lieu of actual parkland dedication. It ensures that current land values are utilized when calculating parkland in-lieu fees and that there is equity between those developers/property owners required to dedicate land versus those paying in-lieu fees. In addition, it enables the City to continue acquiring, improving, and rehabilitating park and recreational facilities throughout the City in accord with the goals and policies of the General Plan. Note that the formula for determining the amount of land to dedicate and when fees are applicable are not part of this request because these Quimby Act requirements have long been established in the City's Zoning Code. In analyzing the proposed revisions to the ordinance, it is important to understand the adopted method in determining the required park dedications. The current formula for determining park dedication requirements is described below: 5.0(D.F. x D.U.)= Area required to be dedicated 1000 A = Area in acres required to be dedicated as a park site or to be appraised for fee payment of the residential subdivision 5.0 = Number of acres per one thousand persons. D.F. = Density Factor as determined by the City Council resolution pursuant to the most recent available federal census or state or City population and housing data. D.U. = Number of dwelling units proposed in the subdivision. The current park in-lieu fee is determined by multiplying $519,976 (60% of the average land value per acre) by the area required to be dedicated. Currently, the existing fee per single family residential unit is $8,918. The revised ordinance has several new components in addition to the primary change for determining the in-lieu fee method. These changes are discussed below: Average Land Value (Existing) vs. Site Specific Appraisal (Proposed) Staff supports the proposed site-specific appraisal over the current average land value method. Staff has expressed concern with the existing methodology of averaging the appraised parkland value on a citywide basis, especially when land values may vary between $700,000 to over$4,000,000 per acre. The proposed site-specific appraisal would allow the City to determine the exact value of the property to be developed and use the value in the existing formula to determine the park in-lieu fee. Once the fair market value is determined, the appraised value per acre would be applied to the current formula. The site- specific appraisal best meets the goals of the city and is the most equitable. PL02-17 -8- 5/28/2002 3:10 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 Off-Site Improvements A provision that subdividers complete or pay for off-site improvements has been added based on the required improvements for new park sites including curbs, gutters, sidewalks, street lights, drainage facilities, etc. When park improvements are proposed as part of a residential development, subdividers are required to construct standard park infrastructure or pay a sum estimated by the Director of Public Works sufficient to cover the cost of the off- site improvements. When in-lieu fees are currently collected, there is no additional fee charged to the subdivider for off-site park improvements. The revised ordinance will now require subdividers to pay an additional 20% of the park in-lieu fee to pay for off-site park infrastructure. The City of Mission Viejo also requires a similar fee equivalent to 20% of the in-lieu fee for off-site improvements. Based on the costs for standard improvements associated with park infrastructure, staff supports the supplemental fee. Use of Fees/Accounting Based on the information in the Park Strategy and Fee Nexus Study, staff supports the use of fees for acquisition, development and rehabilitation of park and recreational facilities on a city-wide basis. The study indicates that Huntington Beach residents use and benefit from a wide range of recreational facilities distributed throughout the City. Based on user patterns, the study recommends that new park facilities and improvements to existing recreational facilities should be provided throughout the City and not just in the neighborhood of the subdivision. Based on the existing inventory and usage patterns of the City's park and recreation facilities including the beach, Central Park, and community centers, staff supports the conclusions of the study. In addition, staff supports the establishment of a "park in-lieu fee account" to track the collection and use of the park in lieu fees. Currently, the in-lieu fees are collected and kept in a "park enterprise fund" account together with other revenue received from litigation, donations, grants, etc. The creation of a separate sub-account for "Quimby Fees" will assure that those fees will only be spent on acquisition, development or rehabilitation of park facilities in compliance with State Law. Furthermore, the Department of Community Services will forward a report to the City Council describing the account activity on an annual basis. Appeal Process The proposed ordinance includes the ability for subdividers to appeal the land value determined by a city-approved appraiser. Staff supports the option that subdividers have the ability to appeal the original appraisal by submitting separate appraisals and enter into binding arbitration if desired. For projects with three or fewer parcels, the Planning Director will determine land values based on recent sales information obtained from the City's Real Estate Services Division. Subdividers will have the same option to submit a separate PL02-17 -9- 5/28/2002 3:13 PM i • REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER: PL 02-17 appraisal if they decide to challenge the Planning Director's determination. The cost of the appeal process (i.e. appraisals, arbitration) would be the responsibility of the subdivider. E. COMMUNITY OUTREACH On May 30, 2002, the City Council held a public meeting at the Rodgers Seniors Center to present and discuss the proposed zoning text amendment to Chapter 254 of the City's Zoning and Subdivision Code. Tom Tucker of Pulse Marketing presented an overview of the proposed ordinance and the Park Strategy and Fee Nexus Study. Interested parties were invited to attend and participate in the discussion. F. SUMMARY: Staff recommends that each residential subdivision be required to submit a site-specific appraisal to determine the exact cost of the park fee in order to eliminate the inequity resulting from averaging the parkland value on a citywide basis. Staff has determined that this method best meets the goal of the Park Acquisition and Development Fund and is the most equitable and legally defensible. Staff recommends the City Council approve Zoning Text Amendment No. 01-02 based on the following reasons: The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. The revised ordinance will update the fee assessed on new residential development and will ensure that current land values are utilized when calculating parkland in-lieu fees. The revised ordinance will allow the City to collect fees necessary to acquire and improve park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act by exempting minor code amendments that do not change development standards intensity or density. PL02-17 -10- 5/28/2002 3:10 PM REQUEST FOR ACTION MEETING DATE: June 3, 2002 DEPARTMENT ID NUMBER. PL- 02-17 Attachments : City Clerk's P..- Number No. Description 1. Findings for Approval 2. Ordinance No. 3. Legislative Draft N0 4. Resolution No. amending Density Factor 5. Resolution N020 amending Fee Schedule for Section 230.20 6. Planning Commission Staff Report dated April 23, 2002 (including Planning Commission subcommittee summary reports, letters from BIA-OC and other interestedparties) RCA Author: Herb FaulandfWayne CwvWho PL02-17 -11- 5128/2002 3:11 PM QOR LAW ea- ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 01-02 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act(CEQA)pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves a minor amendment to the zoning ordinance which does not change the development standards, intensity, or density of the affected districts. SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 01- 02: 1. Zoning Text Amendment No. 01-02 amending Chapter 254.08 of the Huntington Beach Zoning and Subdivision Ordinance addressing methods to calculate required park land in-lieu fees for residential development is consistent with the objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will allow the City to collect fees necessary to acquire and improve park and recreational facilities throughout the City consistent with the goals and policies of the General Plan. 2. The change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning districts for which it is proposed. The revised ordinance will apply to proposals for new residential development and will address the method to calculate the required park in-lieu fee for residential development. The ordinance will not create any inconsistencies with other provisions in the Zoning and Subdivision Ordinance because it will only apply to fees for park and recreation facilities. 3. A community need is demonstrated for the change proposed. Based on the information and data collected and analyzed in the Park Strategy and Fee Nexus Study dated December 2001, the new method for determining in-lieu fees will ensure that current land values are utilized when calculating park in-lieu fees. The amendment best meets the goals of the city and is the most equitable and legally defensible. 4. The adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the City's ability to provide sufficient recreational opportunities for its residents and visitors consistent with the goals and policies of the General Plan. r ORDINANCE NO. 3562 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 254 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE DEDICATION AND RESERVATIONS OF LAND PARCELS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2154.08 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 254.08 Parkland Dedication A. General. This Section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City including the power to zone and the power to implement open space and recreational elements of the General Plan. This Section is adopted to implement the provisions of the Quimby Act which authorizes the City to require the dedication of land for park and recreational facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision. The park and recreational facilities for which dedication of land and/or payment of an in-lieu fee as required by this Section are in accordance with the policies,principles and standards for park, open space and recreational facilities contained in the General Plan. The general purposes and objectives of this Section are: 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; 3. To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; 5. To ensure that adequate park and recreational facilities will be provided; 6. To provide regulations requiring five usable acres, or the proportionate share thereof, having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. G:\ORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14'02 1 • • Ord. No. 3562 B. Requirements. The requirements of this Section shall be complied with by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Section. The amount and location of land dedicated or the fees to be paid, or both, shall be used for acquiring, developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location,topography, environmental characteristics and development potential as related to the intended use. The primary intent of this Section shall be construed to provide the land for passive and active recreation, including but not limited to: tot lots,play lots,playgrounds,neighborhood parks, 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: 1. A variety of recreational potential for all age groups; 2. Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach. 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. C. General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A= 5.0 (DF x No. DU) 1000 1. Definitions of terms: WORDINANCM Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 7 • • Ord. No. 3562 a. A - the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. b. DF - density factor as determined pursuant to Section 254.08(E). C. 5.0 -number of acres per one thousand persons. d. No. DU -number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled. 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. E. Density. The amount of land dedicated or fees paid shall be based upon residential density,which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be derived from the most recent available federal census or state or City population and housing data. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. F. Standard Improvements. The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements that may be imposed by the City. The subdivider may, at the time of the approval of the tentative map, be obligated by condition to said map to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council,whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. G. Formula for Fees in Lieu of Land Dedication. 1. General Formula. Whenever the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a fee in lieu of dedication equal to the value of the GAORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 3 . . Ord. No. 3562 land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(I). 2. Fees in Lieu of Land- 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(I). When a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. 3. Use of Fees. The fees paid to the City pursuant to this Section and the interest accrued from such fees shall be used in accordance with the schedule developed pursuant to Section 254.08(M), for the purpose of acquiring,developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. All fees collected pursuant to this Section shall be transferred for deposit into a separate fund and used solely for the purposes specified in this Section. All monies deposited into the fund shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or the issuance of building permits on one-half of the lots created b the subdivision, � g P y e whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall be submitted to the Director in accordance with the procedures set forth in Section 254.08(P). 4. Standard Improvements. When the requirements of this Section are met solely on the basis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full City standards, stubbing in of utility line services to the park facility, and all standard improvements required by the City for residential subdivisions. H. Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: I. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). G:AORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc 5 14/02 4 0 0 Ord. No. 3562 2. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and a fee, computed according to Section 254.08(I) shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. I. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.08D.- Fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers ("Qualified Real Estate Appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to_reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. If the subdivider objects to the fair market value as determined by the Qualified Real Estate Appraiser, the subdivider may, at his own expense, retain another Qualified Real Estate Appraiser to complete a second appraisal. If the City disputes the fair market value as determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions consisting of three or fewer parcels. If the proposed subdivision contains three (3) or fewer parcels, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of adjacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. J. Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by the Director after consideration of the following: 1. Policies, standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; G:'.ORDINANC\01 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 5 Ord. No. 3562 4. Feasibility of dedication; 5. Compatibility of dedication with the General Plan; 6. Availability of previously acquired park property. The determination by the City as to whether 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 any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development,which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes,taking into consideration such factors as size, shape, topography, geology, access, and location; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. L. Procedure. 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. 2. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map or parcel map and, if approved, shall be recorded concurrently with the final map or parcel map. GAORDINANC'01 Zoning Ord\02 Zoning Ord\chap 254.doc5114 02 6 • Ord. No. 3562 M. Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program. N. Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. O. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the"affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or"very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed, or other 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. 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. P. Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this Section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance. Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified: 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.08(G)(3) for a given number of dwelling units; and GAORDINAN00I Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 7 • • Ord. No. 3562 2. That the local park requirement for the dwelling units in question had been met by actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or 3. The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of June 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk �5 City Attorney �Z C%O REVIEWED AND APPROVED: INITI ED AND APPROV City Airministrator Planning Director WORDINAN001 Zoning Ord\02 Zoning Ord\chap 254.doc5/14/02 8 Ord. No. 3562 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of June,2002, and was again read to said City Council at a regular meeting thereof held on the 17th day of June,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook,Houchen, Winchell,Bauer NOES: None ABSENT: Dettloff ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 2002 In accordance with the City Charter of said City City Clerk and ex-officlo Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California -Jill ........... • r ORDINANCE NO. LEGISLATIVE DRAFT Chapter 2544; Dedications and Reservanons Sections: 254.02 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements 254.04 Waiver of Direct Access Rights 254.06 Dedications 254.08 Parkland Dedication 254.10 School Site Dedication 254.12 Reservations 254.14 Local Transit Facilities 254.16 Bridges and Major Thoroughfares 254.18 Supplemental Improvement Capacity 254.20 Drainage Fees 254.22 Solar Access Easements 254.24 Other Public Facilities 254.02 Dedication of Streets,Alleys and Other Public Rights-of-Way or Easements As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer to dedicate, all parcels of land within the subdivision that are needed for required improvements, including access rights and abutters' rights. In addition,the subdivider shall construct or agree to construct all required improvements in accord with Chapter 255. 254.04 Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected in an appropriate title document,which shall be recorded, and shall become effective in accordance with its provisions. 254.06 Dedications All dedications of property to the City for public purposes shall be made in fee title, except that, at the City's discretion, the grant of an easement may be taken for the following purposes: open space easements, scenic easements, street easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication. 1egisdrft/zoning/254LD/5/14/02 1 0 • 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. and is for- the pufpese of pr-,,vidi g sue sueh additional rafk an Cam:This Section is a opted to implement the rovisions of the Quimby Act which authorizes the Cityto require the dedication of land for ark q p and recreational facilities or payment of in-lieu fees incident to and as a condition of the ipproval 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 a an in-lieu fee is as required by this ehapter Section are in accordance with the policies,principles and standards for park, open space and recreational facilities contained in the General Plan. The general purposes and objectives of this Section are: 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; 3. To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; 5. To ensure that adequate park and recreational facilities will be provided; 6. To provide regulations requiring five usable acres, or the proportionate share thereof, having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. B. Requirements. , the subdivider-s deli ate land r., � P- i, e The requirements of this Section shall be complied with by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Section. The amount and location of land dedicated or the fees t0 be paid, or both, shall be used for acquiring, developing new or rehabilitating existing community and legisdrft/zoning/254LD/5/14/02 2 neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this F te1 Section shall be construed to provide the land for f u�passive and active recreation units of lee al g> bor-hood sefviee, including but not limited to: tot lots,play lots,playgrounds, neighborhood parks, playfields, community or regional dis44et parks, lakes,picnic areas, tree groves or urban forests, and other specialized recreational facilities that may serve residents of the City the family gFoup and also senior e tize aetiv tie . Principal consideration shall be given therefore to lands that offer: 1. A variety of recreational potential for all age groups; 2. Recreational op p ortunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach within walking dirt.nee gem ,-esi a ts'homes; 3. Possibility for expansion or connection with school grounds; 4. Integration with hiking, riding and bicycle trails, natural stream reserves and other open space; 5. Coordination with all other park systems; 6. Access to at least one existing or proposed public street. C. General Standard. It is hereby found and determined that the public interest, convenience,health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. D. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula: A= 5.0 (DF x No. DU) 1000 1. Definitions of terms: a. A- the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. 1egisdrft/zoning/254LD/5/14/02 3 b. DF - density factor p�eeppesed su division. as determined pursuant to Section 254.08(E). C. 5.0 -number of acres per one thousand persons. d. No. DU-number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled. 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. E. Density. The amount of land dedicated or fees paid shall be based upon residential density, which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be opined from derived from the most recent available federal census or state or City population and housing data. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. size,The numbef of bedrooms in eaeh tmit of a proposed subdivision shall be detefmin ftem the building plans filed, and shall inelude as bedrooms all r-eems,howevef label are suitable for-use as or-are suitable for-eenver-sion to bedrooms. The number-e bedr-oems attfibutable to a unit shall inelude not only these areas so labeied en the plans, but may inelude as well an),area in a&,elfing unit whieh, beea-use ef its unit,leeation, f4eilities, or-r-ela4ienship to other-areas E)f the dwelling is deeme 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 oUthe 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 legisdrft/zoning/254LD/5/14/02 4 • • City Council, whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. G.F. Formula for Fees in Lieu of Land Dedication. 1. General Formula. if there is ne park or-r-eerea4ienal f4eility designated in the 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, at the riWs this,-etion, either-dedieate land i the ametmt. ,,..ided in Seel on 25 08(D pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(I4I). 2. Fees in Lieu of Land - 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(141). 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 oft ev-Fees. The,,,,ney eello 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(K 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 ur oses 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 i und. 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). 1egisdrft/zoning/254LD/5/14/02 5 0 0 4. Standard Im rovements. When the requirements of this Section are met solely on the bagis of the payment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full City standards, stubbing in of utility line services to the park facility, and all standard improvements required by the City for residential subdivisions. H. G 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: I. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08"(I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). 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 ortion shall be dedicated, and a fee, computed according to Section 254.08(I4-) (� shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. 1. 14. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.0813.; 0 ) of the aver-age fair-market value per-aer-e of 1 in all Rh zoned neigMerheed ptiblie parks within the City if stieh laiid were not used for-or-zoned f f publie, a fk of tional purposes Fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers ("Qualified Real Estate Appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08L. If the subdivider objects to the fair market value as determined by the Qualified Real Estate Ap raiser, the subdivider may, at his own expense, retain another ualified Real Estate Appraiser to complete a second appraisal. If the ity disputes the fair market value as 1egisdrft/zoning/254LD/5/1 4/02 6 determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions Consistin of Three or Fewer Parcels. If the proposed subdivision contains three or fewer parce s, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of adJJacent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. J. I. 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: I. Policies, standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 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.1. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F), the value of the improvements together with any equipment located thereon shall be a credit against toward-the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development, which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services D.,&s and tion Commission, finds that it is in the public interest to do so, and that the following standards are met. l. 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; 1egisdrft/zoning/254LD/5/14/02 7 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. K.Procedure. 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. A t the E fise etio f the Goy r,,unei1 foes may be paid „ of� 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.L.Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program. N. 1 Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. O. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code, and legisdrft/zoning/254LD/5/14/02 8 0 • provided that the applicant executes an agreement, in the form of a deed restiction, 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. 2. Subdivision of a 50-foot wide parcel into two lots provided that the parcel has been held under common ownership for a minimum of five consecutive years. P. Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this Section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance. Q. Refunds. Requests for refunds of in-lieu fees paid pursuant to this ecction may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified: 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.98(G)(3) for a given number of dwelling units; and 2. That the local park requirement for the dwelling units in question had been met by actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or 3. The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid. 254.10 School Site Dedication A. General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. legisdrft/zoning/254LD/5/14/02 9 B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City Council the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision. C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land,plus a sum equal to the total of the following amounts: I. The cost of any improvements to the dedicated land since acquisition by the subdivider; 2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; 3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. D. Exemptions. The provisions of subsections (A), (B), and (C) shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. 254.12 Reservations A. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this Section. B. Standards for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement. D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the legisdrft/ioning/254LD/5/14/02 10 0 • reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. E. Termination. If the public agency for whose benefit an area hasbeen reserved does not enter into a binding agreement in accordance with this Section, the reservation of the area shall automatically terminate. 254.14 Local Transit Facilities As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts,park-and-ride facilities and similar items which directly benefit the residents of the subdivision, if. (a)the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more; and (b) if the City finds that transit services are or will be, within a reasonable time period, made available to the subdivision. 254.16 Bridges and Major Thoroughfares The subdivider shall be required to pay a fee for the impacts of their proposed development on the city transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal Code. 254.18 Supplemental Improvement Capacity A. As a condition of approval of a tentative map, the City may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. B. The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. D. In addition to the notice required by Chapter 248, written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental 1egisdrft/zoning/254LD/5/14/02 I I improvements insofar as they can be ascertained at the time (10 days prior to the date established for the hearing). 254.20 Drainage Fees The subdivider shall be required to pay a fee for the development of drainage facilities in accordance_ with Chapter 14.48 of the Huntington Beach Municipal Code. 254.22 Solar Access Easements As a condition of approval of a tentative map, the City may impose a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements, the City shall consider the feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a building or a structure under applicable planning and zoning provisions in force at the time such tentative map is filed. At the time of tentative map approval, the Zoning Administrator or the Planning Commission, as may be the case, shall specify: (1) the standards for determining the exact dimensions and locations of such easements; (2) any restrictions on vegetation,buildings an other objects that would obstruct the passage of sunlight through the easement; and (3) conditions, if any, under which an easement may be revised or eliminated. This Section is not applicable to conversion projects. 254.24 Other Public Facilities As a condition of approval of a tentative map, the subdivider shall be required to dedicate land,pay fees, or both, for fire stations, library sites, child day care, public art or any other public facilities pursuant to, and in order to implement, the provisions of the General Plan regarding such facilities. legisdrft/zoning/254LD/5/14/02 12 • s r I F +' a • i RESOLUTION NO. 2002-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POPULATION DENSITY FACTOR TO BE USED TO DETERMINE THE AMOUNT OF LAND TO BE DEDICATED BY DEVELOPERS FOR PARK PURPOSES WHEREAS, Section 245.08 of the Huntington Beach City Zoning and Subdivision Ordinance provides that the population density to be used for the purpose of determining the amount of land to be dedicated by developers for park purposes shall be established on the basis of the most recent data available in the form of Federal or State census or records of the City of Huntington Beach; and On August 16, 1982, the City Council adopted Resolution No. 5072 establishing the population density factor to be used to determine the amount of land to be dedicated by developers for park purposes; On the basis of current census records, it is the desire of the City Council to amend Resolution No. 5072 and update the population density factors in light of the more recent data now available in the form of Federal or State census or records of the City of Huntington Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. On the basis of the most recent data found in the Federal or State census (or the records of the City of Huntington Beach), 2.68 shall be established as the population density factor for the purpose of determining the amount of land to be dedicated by subdividers for park purposes pursuant to City Zoning and Subdivision Ordinance Section 254.08(D). SECTION 2. The Director of Planning is hereby authorized to modify the density factor in circumstances where modification is warranted due to the average number of persons occupying each proposed dwelling unit. SECTION 3. Resolution No. 5072 and any other resolutions in conflict herewith are hereby repealed. G:\RESOLUTN\2002\densityfactor.doc 1 . Res. No. 2002-56 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June , 2002. ATTEST: City Clerk o6"-P-OL Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Admif istrator City Attorneys%�L Gc/*/ ►J'� ,I�`� INIT TED AND APPROVED: r for of Plannmg G:\RESOLUTN\2002\densityfactor.doc 2 Res. No. 2002-56 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of June, 2002 by the following vote: AYES: Green, Dettloff, Houchen, Winchell, Bauer NOES: Boardman, Cook ABSENT: None ABSTAIN: None dw i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California =fin v n 0 0 RESOLUTION NO. 2002-57 RESOLUTION OF THE CITY COUNCIL SETTING THE FEE SCHEDULE FOR THE PARKLAND DEDICATION IN-LIEU FEE AUTHORIZED BY ZONING AND SUBDIVISION CODE SECTION 230.20 WHEREAS, Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach Zoning and Subdivision Ordinance("City Zoning and Subdivision Code")provides that all single family and multi-family housing projects, mobile home parks and any other residential units not covered by Chapter 254 of Title 25, of the City Zoning and Subdivision Code shall pay a park in-lieu fee in accordance with the requirements of Chapter 254 and calculated according to a schedule adopted by City Council resolution and paid at the time a building permit is issued; The City Council hereby intends that unless and until another fee is determined to be authorized by the Mitigation Fee Act and adopted by City Council resolution, the current fee schedule for the Parkland Dedication In-Lieu Fee, as levied on residential development pursuant to City Zoning and Subdivision Code Section 230.20, shall remain applicable notwithstanding that the in-lieu fee calculated pursuant to Chapter 254 may be amended or become based on a site-specific appraisal. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY FIND, RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. Findings. The City Council hereby authorizes the following fee schedule for fees to be paid for residential development pursuant to Section 230.20: TYPE OF UNIT $FEE/UNIT Single Family 8,918 Multiple Family: 1. Single/Bachelor 3,042 2. One Bedroom 4,082 3. Two Bedrooms 6,188 4. Three Bedrooms + 7,228 Mobile Home 4,394 SECTION 2. Exemptions. A developer subject to the park fee pursuant Section 230.20 may apply to the Director of Planning for a reduction, adjustment or waiver of the fee. Circumstances that may justify a fee adjustment include, but are not necessarily limited to the following: A. Alteration or expansion of an existing building in which no additional dwelling units are created,provided that sufficient information about its prior use is available to determine whether in-lieu park fees were previously paid. G:\RESOLUTN\2002\230 Fee.doc 1 Res. No. 2002-57 B. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use. C. The construction of accessory buildings, structures or uses which will not increase the number of bedrooms over and above those produced by the existing building or use of the land. Any appeal of the Planning Director's determination as to exemptions shall be filed pursuant to Section 248.24 of the Huntington Beach Zoning and Subdivision Ordinance. SECTION 3. California Environmental Quality Act. The City Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQA")under Section 15273(a)(4) of the California Code of Regulations, commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because there is no reasonable possibility that the modification of the parkland in- lieu fee could negatively affect the physical environment. To the contrary, the Fees will be collected to mitigate the environmental impacts of new development on the City's park and recreational facilities. Any environmental impacts associated with specific projects that may be undertaken with Fee proceeds will be assessed as each project is formulated. SECTION 4. Resolution No. 6226 and any other resolutions in conflict herewith are hereby repealed. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of .Tune , 2002. ATTEST: e4 diltlifi 4e� City Clerk A-07-01 r Mayor REVIEWED AND APPROVED: APPROVED AS TO F RM: City Adm istrator Cit tt IN AND ED AND APPROVED: D/reVor of Planning GARESOLUM2002\230 Fee.doc 2 Res. No. 2002-57 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss; CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of June, 2002 by the following vote: AYES: Green, Dettloff, Houchen, Winchell, Bauer NOES: Boardman, Cook ABSENT: None ABSTAIN: None 4�01 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California .R�.�- ''. P II�� .. �Ndw._�li .�l* i JJ City of Huntington Beach Planning Department STAFF REPORT HUN77NGTON BEACH TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Wayne Carvalho, Associate Planne _ DATE: April 23, 2002 SUBJECT: ZONING TEXT AMENDMENT NO. 01-02 -Continued from April 9,2002 with Public Hearing Closed (Park and Recreation In-Lieu Fees) APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach,CA 92648 LOCATION: Residential Districts Citywide STATEMENT OF ISSUE: + Zoning Text Amendment No. 01-02 - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to calculate park in-lieu fees for residential subdivision development: - Require developers submit a site-specific appraisal of the project site to determine the fair market value of land for determining the park in-lieu fee. - Appraisal prepared at the expense of developer; requires review and approval by City. + Continued Item - Planning Commission meeting April 9, 2002. Planning Commission requested a continuance to the April 23, 2002 Planning Commission meeting in order to have a subcommittee review possible alternatives to the determine the park in-lieu fee. - Subcommittee met on April 15, 2002 to discuss alternatives. - Subcommittee recommendation(Alternative Action A) forwarded to Planning Commission. + Staffs Recommendation: Approve Zoning Text Amendment No. 01-02 and forward to the City Council for adoption based upon the following: - The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. - The revised ordinance will update the fee assessed on new residential subdivision development, and will ensure that current land values are utilized when calculating park in- lieu fees. - The revised ordinance will allow the City to collect fees necessary to acquire, develop, and rehabilitate park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 01-02 with findings for approval (Attachment No. 1)and forward the Draft Ordinance (Attachment No. 2)to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Direct staff to prepare an updated resolution applicable to Section 230.20 to be based on a Nexus study and forward the revised resolution to the City Council for adoption concurrent with Zoning Text Amendment No. 01-02 and the Draft Ordinance." (Subcommittee Recommendation) B. "Deny Zoning Text Amendment No. 01-02 with findings for denial." C. "Continue Zoning Text Amendment No. 01-02 and direct staff accordingly." PROJECT PROPOSAL: Zoning Text Amendment No. 01 presents a-02 re request to amend Section 254.08 Parkland Dedication of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) in reference to park dedication and in-lieu fees pursuant to Section 247.02 of the ZSO. ANALYSIS On April 9, 2002,the Planning Commission continued their action to the April 23,2002 meeting to allow the Planning Commission subcommittee the opportunity to meet and discuss possible alternatives to the method for determining the park in-lieu fee. met to address the issue of the potential fee increase in On April 15 2002 the subcommittee p � developed areas (i.e. Downtown) and relationship between Section 254.08 Parkland Dedication and Section 230.20 Payment of Parkland Dedication In-Lieu Fee of the Huntington Beach Zoning and Subdivision Ordinance (ZSO). The subcommittee has forwarded a summary report(Attachment No. 4) for Planning Commission consideration. Because the proposed changes to Section 254.08 include the use of a site-specific appraisal,the amount of the Section 230.20 fee will also depend upon land value. When applied to a single lot in a developed area (i.e. Downtown)where the land value is extremely high,the result is a fee that may not be proportionate to the impact of the proposed development. To correct this, the subcommittee recommends that the Section 230.20 fee be separated from the Section 254.08 formula and be calculated differently. The subcommittee fitrther recommends that the Planning Commission,as part of their recommendation to the City Council, direct staff to forward a new resolution for Section PC Staff Report—4/23/02 -2- (02SR08R2 ZTA 01-02) 230.20 for consideration by the City Council during their review of the subject ordinance (Section 254.08). The City Attorney's office has prepared a legal opinion (Attachment No. 5)which indicates that the Section 230.20 fee will remain the same as the current Section 230.20 fee ($8,918/single family unit) until the City Council adopts a new resolution notwithstanding the proposed amendments to Section 254.08. As a result, the proposed ordinance (254.08)would be approved as originally presented. The following table represents a comparison between the existing park fee required under Section 230.20 that would remain constant as recommended by the subcommittee and the proposed fee for Section 230.20 based on the appraised land value referenced in Section 254.08: SUBCOMMITTEE RECOMMENDATION STAFF RECOMMENDATION (based on $519,976/acre) (based on appraised land value) Single Family $8,918/unit Land Value/acre Fee Multiple Family $3,750,000 $64,300/unit Single/Bachelor $3,042 $2,000,000 $34,300 One Bedroom $4,082 $1,000,000 $17,150 Two Bedroom $6,188 $850,000 $14,600 Three Bedroom+ $7,228 $500,000 $8,575 Mobile Home $4,394 Staff recommends the ordinance by adopted as originally recommended and approve Zoning Text Amendment No. 01-02 and forward to the City Council based on the following reasons: • The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. s The revised ordinance will update the fee assessed on new residential development and will ensure that current land values are utilized when calculating parkland in-lieu fees. s The revised ordinance will allow the City to collect fees necessary to acquire and improve park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. ATTACHMENTS: 1. Suggested Findings for Approval—ZTA No. 01-02 2. Draft Ordinance No. 3. Legislative Draft—Chapter 254, Dedications and Reservations 4. Planning Commission Subcommittee report dated April 16, 2002 5. City Attorney legal opinion dated April 15, 2002 6. Planning Commission Staff Report dated April 9, 2002 7. Letter received from Joan Templeton dated received April 11,2002 SH:HF:WC:rl PC Staff Report—4/23102 -3- (02SR08R2 ZTA 01-02) Planning Commission Subcommittee Summary Report on Park in-Lieu Fees April 16, 2002 Situation Analysis The Planning Commission appointed a subcommittee consisting of Commissioners Kerins, Hardy, and Shomaker to study the issues raised by the Planning Commission regarding park-in-lieu fees charged under Sections 254 and 230 of the city's Zoning and Subdivision Ordinance. Section 230, which deals with residential development on properties not requiring a subdivision map, including subdivisions approved prior to the adoption of the City's Quimby Fee (§254 of the city's Zoning and Subdivision Ordinance), has been tied to §254 because existing City Council Resolutions have adopted the same fee formula for §230 as §254. The Planning Commission has found this to be problematic when dealing with the infill lots or tear-down/rebuilds in the downtown area. Because the new proposal for §254 requires the fee to be based on 100% of a site specific appraisal of the property to be developed, the Planning Commission was concerned that §230 would also require site specific appraisals and that because of the higher per square foot value for single lots in a developed community as compared to the appraisal value of raw land in a tract map development, the §230 fee would be grossly disproportionate to the §254 site specific park fee. For example, the proposal for §254 (Tract Map Developments) is: 5.0 Acres (D.F.x D.U.) x land value = park fee 1000 Because the proposed changes to the §254 fee include using a site-specific appraisal, the amount of the §230 fee will, for the most part, depend upon the land value. When applied to a single lot in a developed area (i.e. Downtown) where the land value is extremely high, this results in a high fee that may not be proportional to the impact of the proposed development. G:\CARVALHO\Zoning Text Amendments\Park In Lieu Fee\Planning commission Summary Report 04-16-022.doc 2 Subcommittee Recommendation: To correct this inequity, the subcommittee is recommending that the §230 fee be separated from the §254 formula and be calculated differently. The fee due under §230 is essentially an impact fee since it involves the renovation/redevelopment of a unit(s), not the filing of a tract map. The justification for charging a park fee under §230 and connecting it in terms of the formula utilized with §254 was the fact that in certain older parts of the city developed before 1972, §254 fees were not assessed. The subcommittee's recommendation is to disconnect the §230 fee formula from the §254 formula while keeping the justification (i.e. land value and density factors) for the fee the same; use the nexus study as the basis for charging the §230 fee; and, calculate the §230 fee by taking a portion of the city's ten-year unfunded park and recreation needs (the portion which the city believes it will not be able to satisfy from other sources), and dividing it by the number of units in the city which did not make a §254 contribution to parks, (basically those units developed prior to 1972). This method is consistent with the California Fee Mitigation Act, which §230 is based on, and will provide a park fee that is based on 100 percent of the unfunded cost for park development and rehabilitation. The §230 fee is not part of the §254 Ordinance before the Planning Commission. However, the subcommittee recommends that the Planning Commission include a second recommendation with the §254 Ordinance that directs staff to develop a new resolution for §230 as outlined above, and that staff present it to City Council along with the recommendation for the change in the §254 Ordinance. The city attorney's office has prepared a legal opinion that the 230 fee will remain the same as the existing §230 9 P § 9 current fee until council adopts a new resolution notwithstanding the proposed amendments to §254. Thus, the Planning Commission and City Council can take action on the §254 without changing §230 until a new resolution setting forth the §230 fee is adopted by City Council. Subcommittee Recommended Action Allow Community Services and Planning Departments staff to produce the necessary modifications to §230 based on the revised formula, while moving ahead with the recommended revisions to §254 of the city"s Zoning and Subdivision Ordinance, and present both to City Council at its first meeting in June 2002. .JJ CITY OF HUNTINGTON BEACH Inter-Department Communication TO: RON HAGAN, Director of Community Services HOWARD ZELEFSKY, Director of Planning FROM: GAIL HUTTON, City Attorney DATE: April 15, 2002 SUBJECT: Park In-Lieu Fee Question Presented: May Chapter 254 of the City of Huntington Beach Zoning and Subdivision Code(the "Code") be amended without increasing the Parkland Dedication In-Lieu Fees levied pursuant to Code Section 230.20? Answer Yes. Because Section 230.20 fees are imposed pursuant to a schedule adopted by City Council, those fees remain applicable until the fee schedule is amended or repealed by City Council. Therefore, notwithstanding an amendment to Chapter 254, which provides the basis for the calculation of the Parkland Dedication In-Lieu Fee, until the fee schedule is amended,the current fees of$8,918.00 per single-family dwelling unit will apply. Analysis Chapter 254 of the Code authorizes the City to require dedication of land and/or the payment of in-lieu fees as a condition of approval of a tentative tract map or tentative parcel map for a residential subdivision. The fees imposed pursuant to Chapter 254 are - commonly referred to as "Quimby Fees", and are authorized by Government Code Section 66377,which requires that the Quimby Fees be based upon residential density. GAjMu1vihi11102-Memo\230.20 Fees.doc Director of Community Services Director of Planning April 15, 2002 Page 2 Section 230.20 of the Code in turn provides: "All single family and multi-family housing projects, mobile home parks, and any other residential units not covered by Chapter 254 of Title 25, Subdivision Ordinance. These developments shall pay a park in-lieu fee in accordance with the requirements of Chapter 254. The fees shall be calculated according to a schedule adopted by City Council resolution and shall be paid at the time a building permit is issued." The fees imposed pursuant to Section 230.20 are commonly referred to as"Developer Fees," and are authorized by the Mitigation Fee Act, as codified in Government Code Section 66000 et seq. As a result of Chapters 254 and 230 of the Code, the City imposes a Quimby Fee on residential subdivisions as determined by a formula that is based upon residential density. However, other residential development pays a"Parkland Dedication In-Lieu Fee" pursuant to Chapter 230 that is consistent with the Chapter 254 Quimby Fee formula but is calculated according to a schedule adopted by City Council. The current schedule referenced in Section 230.20 and used to calculate the City's Parkland Dedication In-Lieu Fee is attached hereto as Exhibit"A". According to this schedule, the "Parkland Dedication In-Lieu Fee" is $ 8,918.00, as based upon a density factor of 3.43, and a land value of$ 519, 976.00, which is 60%of the average fair market value per acre of land in all RL zoned neighborhood public parks within the City if such land were not used for or zoned for public park or recreational purposes. Collectively, Resolution No. 2001-94 (adopting 60%of FMV), Resolution No. 6226 (establishing the cost of land) and Resolution 5072 (establishing density factors) support the current fee schedule. Although both fees are based upon the same formula that utilizes residential density factors and the fair market value of land, the City Council sets the Parkland Dedication In-Lieu Fee by adopting a fee schedule. Therefore, should Chapter 254 be amended as provided in the legislative draft attached hereto as Exhibit"B", the current fee schedule would remain in place and the fees imposed by Section 230.20 would not increase until the City Council concurrently amends or repeals the existing fee schedule. In other words,notwithstanding that the proposed changes to Section 254 include changing the current land value (from $ 519,976.00 to 100% site-specific fair market value) and modifying the density factors based upon the 2000 Census, if the City Council does not adopt a resolution that concurrently modifies the current fee schedule, the fees imposed pursuant to Section 230.20 would remain at$8,918 per single-family dwelling unit. G:Wu1vihi11\02-Memo\230.20 Fees.doc Director of Community Services Director of Planning April 15, 2002 Page 3 Recommendation If the intention is to revise Chapter 254,but keep Chapter 230.20 fees at their current level,we recommend that the City Council consider adopting a resolution specifying this intent. The resolution would recite that the fees listed on the current fee schedule will remain applicable notwithstanding that density factors and land values applied to Chapter. 254 are modified. By doing so, the City would clarify the amount currently levied pursuant to Section 230.20 pursuant to Resolution Nos. 2001-94, 6226, and 5072. Ac---,e 44 — GAIL HUTTON, City Attorney /lm G:\Mu1vihi1l\02-Memo\230.20 Fees.doc _�5_ EXHIBIT Ate¢ CITY,OF_HUNTINGTON BEACH PARK AND RECREATION FEES Pursuant to Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance and Resolutions 6226, establishing cost of land (adopted November 19, 1990), and 5072, establishing density factors (adopted August 16, 1982), fees to be paid for residential developments are as follows: PROJECTS NOT REQUIRING A TRACT MAP Density Type of Unit Factor $Fee/LTnit No. Unit Fee Single Family 3.43 8,918 Multiple Family 1. Single/Bachelor 1.17 3,042 2. One Bedroom 1.57 4,082 3. Two Bedrooms 2.38 6,188 4. Three Bedrooms+ 2.78 7,228 Mobile Home 1.69 4,394 TOTAL FEE: PROJECTS REQUIRING A TRACT Tract No: Park and Recreation Fee Formula Per Chapter 254: 5.0 (D.U. x D.F.) x $519,976.00*= 1,000 *60% of$866,627 Date Fees Paid: Plan Check No.: Receipt No.: Job Location: Tentative Parcel Map/Tentative Tract Map No.: L rtn :PDFEE-200I Fevisrd^$/27i01� ` i • EXHIBIT B s. i • ORDINANCE NO. LEGISLATIVE DRAFT Chapter 254 Dedications and,Reservations Sections: 254.02 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements 254.04 Waiver of Direct Access Rights 254.06 Dedications 254.08 Parkland Dedication 254.10 School Site Dedication 254.12 Reservations 254.14 Local Transit Facilities 254.16 Bridges and Major Thoroughfares 254.18 Supplemental Improvement Capacity 254.20 Drainage Fees 254.22 Solar Access Easements 254.24 Other Public Facilities 254.02 Dedication of Streets, Alleys and Other Public Rights-of-Way or Easements As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer to dedicate, all parcels of land within the subdivision that are needed for required improvements, including access rights and abutters' rights. In addition, the subdivider shall construct or agree to construct all required improvements in accord with Chapter 255. 254.04 Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected in an appropriate title document, which shall be recorded, and shall become effective in accordance with its provisions. 254.06 Dedications All dedications of property to the City for public purposes shall be made in fee title,except that, at the City's discretion, the grant of an easement may be taken for the following purposes: open space easements, scenic easements, street easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication. .,,. y ;a Ak 7 254.08 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 elements of the General Plan. e the General Plan of the Gity. This Section is adopted to imp ement t e 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 a an in-lieu fee is as required by this ehapte� Section are in accordance with the policies, principles and standards for park, open space and recreational facilities contained in the General Plan. The general purposes and objectives of this Section are: 1. To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach; 2. To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities; 3. To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities; 4. To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses; 5. To ensure that adequate park and recreational facilities will be provided; 6. To provide regulations requiring five usable acres, or the proportionate share thereof, having a grade not exceeding two percent for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions. B. Requirements. , The requirements of this Section shall be complied with by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this Section. The amount and location of land dedicated or the fees tO a paid, or both, shall be used for acquiring, developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication. Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this Section shall be construed to provide the land for f;,,,__�== -passive and active recreation units ef leealar-neighbor-hoe seniee, including but not limited to: tot lots, play lots, playgrounds, neighborhood parks,playfields, community or regional distfie4 parks, lakes, picnic areas, tree groves or urban forests, and other specialized recreational facilities that may serve residents of the City the family b . Principal consideration shall be given therefore to lands that offer: 1. A variety of recreational potential for all age groups; 2. Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach withinwalking dist e f„ esidents'hrfnes. 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 ark and recreational purposes. P g Y p 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. DIP 1000 1. Definitions of terms: a. A -the area in acres required to be dedicated as a park site or to be appraised for in-lieu fee payment for the subdivision. b. DF- density factor as determined pursuant to ection 504.0�8(E). C. 5.0 - number of acres per one thousand persons. d. No. DU-number of dwelling units proposed in the subdivision. 2. When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled. 3. Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. E. Density. The amount of land dedicated or fees paid shall be based upon residential density, which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be obtained €rem derived from the most recent available federal census or state or City population and housing data. The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed. fiem the building plans filed, and shall inelude as bedr-eems all r-eems, hewever-lab en the pims, ether-than living r-eems, dining r-eems, kitehens, and badl'-eeins, wh bedr-eems atk4butable te a unit sha4l inelude net enly these areas se labeled en the a size,it eause of its leeatieft> f4eilities, unit, is deeme 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 • 1C 4 facilities, street lighting, stop lights, street signs, matching pavement and street trees to full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council, whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this Section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities. G.F- Formula for Fees in Lieu of Land Dedication. 1. General Formula. if there is ne park or-mefeatienal faeility designated in the sen,e the immediate and futur-e needs of the residents ef the , Whenever the requirements of this Section are met solely on the basis of the payment a ment of a fee in lieu of land dedication the subdivider shall, at the C-45's dice.etien, either-dedieate 6,,a i the ameuiit pay a fee in lieu of dedication equal to the value of the land prescribed for dedication in Section 254.08(D) and in an amount determined in accord with the provisions of Section 254.08(141). 2. Fees in Lieu of Land- 50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee equal to the land value of the portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision as prescribed in Section 254.08(D) and in an amount determined in accordance with the provisions of Section 254.08(I4I). 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 Meney Fees. Theeney-se�lec-tee fees aid 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(KM), 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 urposd pes specified in this Section. All monies deposited into the funshall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall be submitted to the Director in accordance with the procedures set forth in Section 254.08(P). 4. Standard Im rovements. When the requirements of this Section are met solely on the bagis of the a ment of a fee in lieu of land dedication, in addition to the in-lieu fee, the subdivider shall also pay.an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lights, sidewalks street signs matching pavement and street trees to full City standards, stubbing in of utility line services to the park facility, and all standard improvements required by the City for residential subdivisions. H. G Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following: 1. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 254.08(4=I-} (I) shall be paid for any additional land that would have been required to be dedicated pursuant to Section 254.08(D). 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 ortion shall be dedicated, and a fee, computed according to Section 254.08()(1 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated according to Section 254.08(D). 3. The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision. 1. 14. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, such fee shall be equal to the fair market value for each acre which would otherwise have been required to be dedicated by Section 254.08D.; 0 ) ef the aver-age fair-faar-ket value per-aer-e ef 1 in all yr zened hb he a , i lie „arks within., the City ifsueh laad. o netus eat f r ^,.ze., c e r-pu lie park^,-roar „ v.,...,eatie a ^ ses Fair market value of the land shall `�'j.+ be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider and is a member of the American Institute of Real Estate Appraisers and ("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 dateof 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. i-!a .ry If the subdivider objects to the fair market value as determined by the Qualified Real Estate Appraiser, the subdivider may, at his own n expense, retain aother ualified Real Estate Appraiser to complete a second appraisal. If the ity disputes the fair market value as determined by the second appraisal, the matter will be submitted to binding arbitration at the expense of the subdivider. Subdivisions consisting of three or fewer parcels. If the proposed subdivision contains three (3) or fewer parcels, the Director shall determine the fair market value of the property to be subdivided based upon the fair market value of ad acent parcels in consideration of site characteristics of the property. If the subdivider objects to the determination of the Director, the subdivider may retain, at his or her own expense, a Qualified Real Estate Appraiser to provide the fair market value of the property to be subdivided. In the event the Director's determination of the land value exceeds the Qualified Real Estate Appraiser's appraisal by more than $5,000.00, the average of both determinations shall be established as the fair market value. J. I. 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 by consideration of the following: 1. Policies, standards and principles for park and recreational facilities in the General Plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 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. 1. Credit for Improvements and Private Open Space. If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F), the value of the improvements together with any equipment located thereon shall be a credit agains toward the payment of fees or dedication of land required by this Section. Common interest developments as defined in Sections 1351 of the California Civil Code shall receive partial credit, not to exceed 50 percent, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this Section, for the value of private open space within the development, which is usable for active recreational uses, if the City Council, on the recommendation of the g.a+ utin+:+ `"n"` 3 hq e a 9 � 3• .a^'�i1 _...`y� �,r' Community Services Pafks and Reer-ea4ie Commission, finds that it is in the public interest to do so, and that the following standards are met. 1. That yards, court areas, setbacks and other open areas required by Titles 20-24 (Zoning) shall not be included in the computation of the private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; 3. That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and 5. That facilities proposed for the open space are in substantial accord with the provisions of the General Plan. L.K.Procedure. 1. At the time of the recording of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City pursuant to this Section. At the disemfien ef the City Cetineil, fees may be paid pr-i 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.L.Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how,when, and where it will use the land or fees, or both,to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program. N. 1--Not Applicable to Certain Subdivisions. The provisions of this Section do not apply to: (1) commercial or industrial subdivisions; or(2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. O. 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. �5 fi t P. Refunds. Requests for refunds of in-lieu fees paid pursuant to this Section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been-verified: 1. That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section Z54.08(G)(3) for a given number of dwelling units; and 2. That the local park re uirement for the dwelling units in question had been met6y actual Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or 3. The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid. 254.10 School Site Dedication A. General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service. B. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City Council the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision. C. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land,plus a sum equal to the total of the following amounts: l. The cost of any improvements to the dedicated land since acquisition by the subdivider; 2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; 3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. D. Exemptions. The provisions of subsections(A), (B), and (C) shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map. 254.12 Reservations A. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks,recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this Section. B. Standards for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement. D. Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. E. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this Section, the reservation of the area shall automatically terminate. 254.14 Local Transit Facilities As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters,benches, bus turnouts, park-and-ride facilities and similar items which directly benefit the residents of the subdivision, i£ (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more; and (b) if the City finds that transit services are or will be, within a reasonable time period, made available to the subdivision. lelzi r' i 4 D/4/15/02 10 • 254.16 Bridges and Major Thoroughfares The subdivider shall be required to pay a fee for the impacts of their proposed development on the city transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal Code. 254.18 Supplemental Improvement Capacity A. As a condition of approval of a tentative map,the City may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. B. The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. D. In addition to the notice required by Chapter 248, written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time(10 days prior to the date established for the hearing). 254.20 Drainage Fees The subdivider shall be required to pay a fee for the development of drainage facilities in accordance with Chapter 14.48 of the Huntington Beach Municipal Code. 254.22 Solar Access Easements As a condition of approval of a tentative map, the City may impose a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements,the City shall consider the feasibility, contour,configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a building or a structure under applicable planning and zoning provisions in force at the time such tentative map is filed. At the time of tentative map approval, the Zoning Administrator or the Planning Commission, as may be the case, shall specify: (1) the standards for determining the exact dimensions and locations 14/1 sro 11 a of such easements 2 an restrictions on vegetation, buildings an other objects that would obstruct � ( ) Y g � � J the passage of sunlight through the easement; and(3) conditions, if any, under which an easement may be revised or eliminated. This Section is not applicable to conversion projects. 254.24 Other Public Facilities As a condition of approval of a tentative map, the subdivider shall be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art or any other public facilities pursuant to, and in order to implement, the provisions of the General Plan regarding such facilities. IeRisdrft/zonin9J254LD/4/15/02 12 J1 ► City of Huntington Beach Planning Department, HUMfHGfON 9EACH STAFF REPORT TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Wayne Carvalho, Associate Planner DATE: April 9, 2002 SUBJECT: ZONING TEXT AMIENDMENT NO. 01.-02- Continued from February 12, 2002 with Public Hearing Closed(Park and Recreation In-Lieu Fees) APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Residential Districts Citywide i STATEMENT OF ISSUE: • Zoning 0 - o n Text Amendment No. 1 02 g - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to calculate park in-lieu fees for residential subdivision development. - Require developers submit a site-specific appraisal of the project site to determine the fair market value of land for determining the park in-lieu fee. - Appraisal prepared at the expense of developer; requires review and approval by City. • Continued Item - Planning Commission meeting February 12, 2002. Planning Commission requested a continuance to April 9, 2002 Planning Commission meeting in order to have a subcommittee review and address issues raised by downtown builders. - Subcommittee met twice to discuss questions/issues requested by the Planning Commission - Prepared summary report for Planning Commission. + Staffs Recommendation: Approve Zoning Text Amendment No. 01-02 and forward to the City Council for adoption based upon the following: - The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. - The revised ordinance will update the fee assessed on new residential subdivision development, and will ensure that current land values are utilized when calculating park in-lieu fees. - The revised ordinance will allow the City to collect fees necessary to acquire, develop, and rehabilitate park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. Motion to: "Approve Zoning Text Amendment No. 01-02 with findings for approval (Attachment No. 1) and forward the Draft Ordinance (Attachment No. 2)to the City Council or adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 01-02 with findings for denial." B. "Continue Zoning Text Amendment No. 01-02 and direct staff accorduigly." PROJECT PROPOSAL.,: Zoning Text Amendment No. 01-02 represents a request to amend Section 254.08 Parkland Dedication of the Huntington Beach Zoning and Subdivision Ordinance(ZSO) in reference to park dedication and in-lieu fees pursuant to Section 247.02 of the ZSO. ANALYSIS: On February 12, 2002, the Planning Commission continued the item in order to form a subcommittee to discuss the issues raised by the downtown builders. The subcommittee comprised of Planning Commissioners Jan Shomaker, Ed Kerins and Jill Hardy,Dick Harlow(Chamber),Mike Adams, Robert Corona, Bob Winchell (BB Tomorrow), and star met on March 5, 2002 and March 19, 2002 to review eight issues/questions raised by the Planning Commission. The subcommittee, chaired by Commissioner Ed Kerins was specifically directed to address the eight questions in order to forward a summary report to the Planning Commission(Attachment No. 4). The summary report includes various responses received from the different organizations with a separate staff response. The Planning Commission should note that the subcommittee forwarded no formal recommendation. The staff recommendation remains the same as originally recommended in the February 12,2002 staff report (Attachment No. 5). Staff recommends that each residential development be required to submit a site-specific appraisal to determine the exact cost of the park fee. Staff has determined that this method best meets the goal of the Park Acquisition and Development Fund and is the most equitable and legally defensible. Staff recommends the Planning Commission approve Zoning Text Amendment No. 01-02 and forward to the City Council based on the following reasons: • The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. • The revised ordinance will update the fee assessed on new residential development and will ensure that current land values are utilized when calculating parkland in-lieu fees. rT,_ e mo ins -2- _ t (021RQR ZTA O1-02�, fi The reVlSed ordinance ill allovv the City to collect e5 necesse-! to acq ur= a_"C '_si w v'r �zr recreational facilities throughout the City in accordance with the goal of providing f?ve acres :f parkland per 1,000 persons. ATTACHMENTS: ,a. Draft &rdiff ce T Pais lativa Draft— Chapter 9�4, DPrliratiGtiAS �nrl 12c�canratir.n� 4. Planning Commission Park Fee Subcommittee Summary Report dated March 29, 2002 5. Planning Commission Staff Report dated February 12, 2002 6. Letter received from Michael E. Balsamo of BIA/OC dated April 2,2002 7. Letter received from Dick Harlow, Bob Corona, and Mike Adams dated received April 4, 2001 SH:HF:WC:rl AMAMI -3- (0ARN ZTA 0' ; CITY OF HUNTINGTON • T, Inter Offlee communlecatleru TO: Planning Commission FROM: Planning Commission Subcommittee DATE: March 29, 2002 SUBJECT: PARK IN LIEU FETE SUBCOMMITTEE COMMENTS At the direction of the Planning Commission,a subcommittee was formed to discuss the proposed zoning text amendment amending the Park and Recreation in-Lieu Fees. The subcommittee met twice (March 5, & 19, 2002) to discuss the issues raised by the Planning Commission. The subcommittee focused their discussion on the eight issues raised at the February 12, 2002 Planning Commission meeting. The following is a summary of responses received from subcommittee members to the eight issues (in bold). Responses from the various members are noted(Huntington Beach Tomorrow, Chamber of Commerce, Staff). The Planning Commission should note that no formal recommendation is being forwarded by the subcommittee. The staff recommendation remains the same as originally recommended in the February 12,2002 staff report. 1. Need to see a comparison of existing fees and new fees to equivalent parcels in other coastal cities and Mission Viejo. HBT So that we can compare apples with apples,please supply the following information for these cities: ♦ Equivalent park goals, in acres/1000; ♦ Percentage of Quimby used; ♦ Method of establishing fees for an equivalent areas, e.g. beach vs. inland areas and a type, e.g.single family detached vs. apartments; ♦ A table of projected density factors as provided, for instance, in the Mission Viejo ordinance and to be set out according to the findings(p.3 of the 3/12/02 Staff Report to the Commission. Chamber We see little value in comparing the proposed fee with like fees from other cities. The fee should relate to the requirements of Quimby Act &be administered equitably. It might be beneficial to compare Huntington Beach to surrounding coastal cities but using the Mission Viejo example is only self seeing.. The equitability of basing the fee on land value and site specific appraisals is questioned especially in the downtown since there is no park acquisition proposed in the downtown area. Park acquisition will occur, in other areas of the city where land costs may be 3-4 times less than the proposed fee generated. in addition, most of the money generated will go toward development and rehab, which could be 80-10 times less per acre than the fee proposed. Staff Staff has attached the matrix provided to the Planning Commission and City Council at the last amendment to the ZSO in 2000. In addition, staff has obtained information from Long Beach, Newport Beach, Seal Beach, and Irvine on methods of how they determine their park fee. All four cities utilize a site specific appraisal to determine the park in-lieu fee which is consistent with the staff recommendation. 2. How does the General Plan tie into this ordinance? HBT It seems clear that the proposed ordinance will come under intense and severe criticism for lack of conformance with the General Plan(GP) as will the Nexus Study(NS)where there is a lack of conformance in recommendations. Thus: ♦ Numbers in the General Plan Recreation &Community Services Element, Section, p. 1 and 6, do not seem to conform with those of the Nexus Study,p. 22 &23. Are there other cases; ♦ The comment has been made that the ordinance nexus to the General Plan is vague. With your knowledge of the General Plan, do you have any indication of the basis for this statement and, in any case, to what extent does vagueness apply legally; and to what extent must there be specificity, i.e. can this nexus survive a legal challenge? ♦ The comment has also been made that all the parksites projected for the city were outlined in the General Plan, e.g. in the graphic provided for the parksites. I take this comment to mean that any other parksites would not be needed and/or not in conformance with the General Plan, etc, and, therefore a nexus could not be shown. What is the staffs response to this; i.e.will there be parksites added as a result of the proposed ordinance and what is the authority or discretion to add any parks under the GP? k Chamber Many of the identified projects and site improvements are beyond those identified in the Land Use and Recreation Elements of the General Plan. To be consistent with the General Plan, these Elements shoe--Id be updated through the normal process and include all of the proposed acquisitions and improvements. A reasonable approach to implementing the General Plan is to determine future acquisition, developmen and rehabilitation costs, to prepare a benefit study and to establish a nexus for new and recycled residential properties. Also, it should be determined how many of these improvements will be financed o 'e through other methods such as Certificates of Participation (COP), Revenue Bonds, Grants and the lalti,,. The additional costs necessary to implement the adopted Park and Recreation improvement program could then be passed onto new residential development, providing there is a true nexus identifying both impact and benefit. It should be noted that the suggested Park and Recreation improvements list includes many facilities and acquisition that benefit existing residents as well as new residents which suggests that a further analysis to property assign the financial responsibility should be conducted. Staff The General Plan specifies goals and policies addressing the acquisition, planning, design and development of park and recreation facilities, which includes the periodic review and update of the existing park in lieu fee ordinance. 3. What projects will this ordinance apply to? Staff The ordinance will apply to all new residential development where park land or in lieu fees have not been accepted by the City. This would include requests for subdivision maps(Chapter 254) and in-fill lot development city-wide that have not provided evidence of dedicating park land or paying in-lieu fees (Section 230.20). The ordinance will not apply to additions, remodels, or rehabilitation to existing residential structures,nor to commercial and industrial development. 4. Does this ordinance apply to lots that have been subdivided? Chamber Previously subdivided property that recycles, which is located in an area that already has a park should pay a fee that relates to the cost of rehabilitation of the parks in the vicinity of such property and not acquisition for parks outside the area. a - � k Staff The ordinance applies to new residential construction on previously subdivided lots where there is no evidence that park land was dedicated or in-lieu fees were paid. The nexus study indicates that park fees may be collected and utilized for park rehab, development, and acquisition based on the use of parks on a city-wide basis. Funds should not be restricted for parks in the vicinity of the proposed development. If records indicate that land was dedicated or fees paid for previously subdivided lots, no additional park fees will be collected. 5. What will be the impact on the builder with this fee increase? Chamber It is understood that all building related fees increase over time. Any reasonable fee increase would not have a negative impact. However, if a major fee increase is proposed, there is buyer resistance and therefore product may remain for sale for a lengthy period of time. Most of the increase in building costs will be passed on to the buyers. Therefore, as housing costs go up, buyer affordability goes down, fewer people will be able to buy a home.in Huntington Beach. 6. What will be the impact on the homeowner with this fee increase? HBT A number of scenarios for application of this fee, e.g., single lot structure replacement desire or necessity,structure square footage increase, arose at the committee meeting. Implicit, if not stated, in this discussion were also landowner structure replacement, e.g., multifamily residences like apartments on existing sites which might be replaced. As I requested at the committee meeting,please supply fees for such cases by type, scenario, etc. as applicable. Chamber For every$1,000 increase in home prices a certain number of people no longer qualify to buy. Also, buyers will not realize a benefit in relation to the proposed fee increase. Buyers will be paying for improvements to an overall citywide system and the new homeowner will not realize a neighborhood benefit. Therefore,the fee charged based on acquisition costs is disproportionate to the benefit realized. Staff Several examples of the potential fee increase for new single family residences are provided below. The examples are based on the revised density factor of 2.68 persons/unit. The subcommittee also requested to estimate the percentage of the park fee over the total construction costs per sq.ft. The following examples describe the park fee based on various land values: Park Formula Acres to be dedicated Land value per acre in-Lieu Fey per unit 5.0 ac(2.68 x 1 unit) = 0.0134 ac X $3,750,000/ac = 550,2501uni 1000 persons (approx.$250,000125'wide lot) 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $2,000,000/ac = $26,800/unit 1000 persons 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $1,000,0001ac = $13,400/unit 1000 persons 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $850,OOO/ac = $11,400/unit 1000 persons The following example describes the park fee for a typical 3,000 sq. ft. single-family home based on a land value of one million dollars per acre. Based on construction costs of$110 per sq. ft. or $330,000, the proposed park fee is approximately 4%of construction costs. Park Formula Acres to be dedicated Land value per acre In-Lieu Fee per unit 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $1,000,000/ac = $13,400/unit 1000 persons The next example describes the park fee for a 1,000 sq. ft., two bedroom multi-family residential unit based on a land value of one million dollars per acre. Based on construction costs of$90 per sq. ft. or $90,000 for the unit, the proposed park fee is approximately 15% of construction costs. Park Formula Acres to be dedicated Land value per acre In-Lieu Fee per unit 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $1,000,000/ac = $13,400/unit 1000 persons It should be noted that the density factors used in these examples reflect 1990 Census information on persons per occupied housing unit(single &multiple family units). The level of information received on the 2000 Census does not include average persons per household based on number of bedrooms. Staff will attempt to retrieve this information and forward a resolution to the City Council with updated density factors. 7. What will be the impact on future development with this fee increase? Chamber Increased fees means additional monthly income necessary to qualify to buy. This will significantly impact the ability to produce entry-level homes particularly in these infill areas. In addition,the loss of property taxes from reduced turnover should be of concern. 8. What will be the affect of the increased fees on the affordable housing program? Chamber This is another fee increase and construction cost impose by the city that tiviH ha:ve a negati'Te result in the production of affordable housing. Staff The city's affordable housing requirements will remain constant with a minimum of 10910 of the housing units being restricted for 30 years to lower income families. All income figures continue to be based on the Orange County median. Where housing prices on market rate units may increase based on the increase in park fees, the purchase price on the affordable units should not be affected since the purchase price is based on the median family income. Attachment 1. Park and Recreation Fee Comparison dated March 2002 3129/02 ,r g } ATTACHMENT NO, I Oi?�! CC7MPARIS01:',S density Average/Acre used; on Factor Park Appraised Quirnby Con=act CitySPR Standard-, Value roruia ; Personli3e Long Beach 2.81 7 Acref1000* N/A No pat Car;os 562-570-6005 Newport Beach 2.74 5 Acre11000 N/A Yes Robert fain 949-644-3231 Seal Beach Per unit, 5 Acre/1000 N/A Yes for new Mac Cummins not development 562-431-2527 density Irvine 2.60 5 Acrell 000 $1.1 to$1.5 Yes Pat Pierro million** 949-724-6685 *Intend to increase to 8 Acre11000 with adoption of new Open Space and Recreation Element. Citywide average. Per acre value is site specific. h Y 1 Single 7ammflv Res'de n c�- f .v.t ap 7 a-C-H Populatoin 0 ;-H:qntihcrton1-- :. -,:S3,-1211SFR-based on-$1.82, 00iA " :5,acr&s/1000 .,53'121 @S 181000/ population�- eac ase on p Zo 46/A�- $1.2, 441SFR-'tba;ie ii;Sld -2 old' 2 -!/.S-F-R-'based on S1,755-15 1.61 1. Anaheim $42317/SFR 2 acres/1000 population 2. Brea $1,525/SFR 5 a'cres/1000 population 3. Buena Park $4,250G/SFR 3 acres/1000 -7, 83 population 4. Costa Mesa $5,482/SFR 4.26 acres/1000 7- population 5. Cypress $3,200/SFR 4.5 acres/1000 population 6. Dana Point Information not available 7. Fountain Vly $1,750/SFR 3 acres/1000 Av za7. population q 8. Fullerton $2,474/SFR 2 acres/1000 population 9. Garden 200/SFR Not based on -,'�-.-2001, Grove population 10. Irvine $7,189/SFR 5 acres/1000 population 11. La Habra $300/SFR 2.5 acres/1000 6 population 12. La Habra Hts No fees— City is built out. 13. La Palma $210/SFR 4 acres/1000 population 14.,* •Laguna $8,343/SFR: 5 acres/1000 Beach population 15. Laguna Hills No fees — City is built out 16. Laguna $4,618 - $8,149/SFR 17�6-97-- acres/1000 Niguel (varies by area of city) population 17. Lake Forest No fees— City is built out IS. Los Alamitos $3,125/SFR 4 acres/1000 .$390 4 pouulati& 7�C,'� i • 7 7� 7 i. ,7 - __V _P2 a, 'ar`r st E z AF Population 19. Mission S71200/SFR 5 acres/1000 Vieo population j 20. Newport $6,984/SFR 5 acres/1000 Beach population 21. Orange $2,3 1 0/SFR 3 acres/1000 .6 16 ....... population 22. Placentia $4,978/SFR 10 acres/1000 population .71 23. San Clemente $5,952/SFR 5 acres/1000 za population 24. San Juan $4 840/SFR 5 acres/1000 01 Capistrano population 25. Santa Ana $2 890/SFR 2 acres/1000 population 26. Seal Beach $10,000/SFR 5 acres/1000 population T77 Stanton 13 050/SFR 5 acres/1000 _ population 28. Tustin $2 744/SFR 3 acres/1000 X7 x Ito population ;,nntryYhr vs. 29. Villa Park No fees — City is built out VC .5 *ANW 30. Westminster K 211'A'R,_:� 220/SFR 3 acres/1000 population 31. Yorba Linda $1,345/SFR 4 acres/1000 *Laguna Niguel assesses land value based on the particular area. Land values range from S481,056 to $848, 891 per acre. The park in-lieu fee based on a median value of$664,974 would be$6,192 for their park standard of 3 acres per 1000 population. This extrapolates to $10,320 using Huntington Beach's park standard of 5 acres per 1000 population. **Santa Ana assesses their fees based upon the number of bedrooms in a dwelling unit. The figure above is fora 4 bed room unit. In lieu fees for a bedroom and 5 bedroom are$2,610/SFR and$3,215/SFR. ***A figure of S282,000 was used to calculate Tustin's in lieu fee. This figure is skewed because it does not include the Tustin Ranch area. The City only accepts land to satisfy Quimby requirements in that particular area. If Tustin Ranch were included, the land valuation would be significantly higher than$282,000. CI'.IY OF NUNTINGTON BEACH e P-'_R�.AND P�CREAT FEES #' Pursuant to Cha-pter 25= of the Huntington Beach Zoning and Subdivision Ordinance andi Resolutions 6226. establishing cost of land (adopted November 19, 1990), and 50;2. establislll_�c-, density factors (adopted August 16, 1982), fees to be paid for residential deveioprnents are as follows: PROJECTS NOT REQUIRING A TRACT tvLA-P Density Type of Unit Factor SFee/Unit No. Unit Fee Single Family 3.43 8,918 Multiple Family 1. Single/Bachelor 1.17 3,042 2. One Bedroom 1.57 4,082 3. Two Bedrooms 2.38 6,188 4. Three Bedrooms+ 2.78 7,228 Mobile Home 1.69 4,394 TOTAL FEE: PROJECTS REQUIRING A TRACT Tract No: Park and Recreation Fee Formula Per Chapter 254: 5.0 (D.U.x D.F.) x $519,976.00*= 1,000 *60%of$866,627 Date Fees Paid: Plan Check No.: Receipt No.: Job Location: Tentative Parcel Map/Tentative Tract Map No.: TA ` ' REPORT - HUNSINGTON BEACH 7 TO: Planning Commission FROM: Howard Zelefsky, Director of Planning BY: Wayne Carvalho,Associate Planner DATE: February- 12, 2002 SUBJECT: ZONING TEXT AMENDMENT NO. 01-02 (Park and Recreation In-Lieu Fees) APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Residential Districts Citywide STATEMENT OF ISSUE: Zoning Text Amendment No. 01-02 - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to calculate park in-lieu fees for residential subdivision development. - Require developers submit a site-specific appraisal of the project site to determine the fair market value of land for determining the park in-lieu fee. - Appraisal prepared at the expense of developer; requires review and approval by City. • Staff s Recommendation: Approve Zoning Text Amendment No. 01-02 and forward to the City Council for adoption based upon the following: - The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. - The revised ordinance will update the fee assessed on new residential subdivision development, and will ensure that current land values are utilized when calculating park ia- lieu fees. - The revised ordinance will allow the City to collect fees necessary to acquire, develop, and rehabilitate park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. RECOMl2ENDATION: Motion to: "Approve Zoning Text Amendment No. 01-02 with findings for approval(Attachment No. 1) and forward the Draft Ordinance (Attachment No. 2)to the City Council for adoption." i- The Planning Comrnissior_r a-,V take alternative actions such as: A. "Dery Zoning Text Amendment No. 01-02 with findings for denial.'' B. "Continue Zoning Text Amendment No. 01-02 and direct staff accordinzil- PROJECT PROPOSAL: Zoning Text Amendment No. 01-02 represents a request to amend Section 254.08 Parkland Dedication of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) in reference to park dedication and in-lieu fees pursuant to Section 247.02 of the ZSO. Background On June 19, 2000, the City Council approved Zoning Text Amendment No. 99-4 amending the Huntington Beach Zoning and Subdivision Ordinance by modifying the method for determining park in-lieu fees. The ordinance (No. 3468A) established a new per acre fee based on 60% of the city-wide average land value for Residential Low Density property. At that time, an appraisal was completed which determined the city-wide average land value at$866,627 per acre. Thus,the ordinance resulted in a park in-lieu fee of$519,976 (60%)per acre which is currently in effect. Prior to the 2000 ordinance, the park in-lieu fee was based upon$182,000 per acre value for parkland. The method to use the 60%value of the city-wide average was approved over several other methods including the use of a site specific appraisal to determine the cost of land per acre. However,the City Council's adoption of the ordinance included direction that staff conduct a nexus study to assess the City's park needs and return within one year with a report. The report was to consist of a long term strategy for park facilities and address the nexus between development fees and park expenditures. Draft Ordinance The proposed ordinance (Attachment No.2) reflects the findings and recommendations from the Park Strategy and Fee Nexus Study (Attachment No. 4)dated December 2001 completed by Pulse Marketing. The modifications to the existing ordinance are reflected in the Legislative Draft (Attachment No. 3) and are summarized below: ♦ Added a section to discuss the general purposes and objectives of the park ordinance ♦ Added language that fees can be used city wide for acquisition, development and rehabilitation of park facilities ♦ Added language that requires a developer to complete or pay for off-site improvements in addition to the park in-lieu fee ♦ Added language requiring City to establish a separate park in-lieu fee account and provide an annual report to the City Council rl" Staff Report—2/12/02 3 A 0 I-02) Y <> Requires land value be based on 100%of the anura1sed acre ,.a'vi.e of-groper-_: .o V.- subdivided at the time of recording the final map Requires appraisal be completed by qualifed''Real E-state Appraiser' - _ner:aber Of American Institute of Real Estate Appraisers © Added language addressing appeal process for interpretation and/or ir`nplelreniarin_' 07 t ie appraisal review procedure The draft ordinance specifies that the in-lieu fee shall be based on the fair market value of propert y to be subdivided on a per acre basis. The fair market value shall be determined by a qualified real estate appraiser selected and retained by the City at the expense of the subdivider. The appraisal would be valid for 60 days, during which time the park land in-lieu fee shall be collected by the City. The in- lieu fees are paid upon recording of final maps. In the event the fee is not collected within the 60 day period, a new or updated appraisal would be required for review and approval by the City since the value of property could fluctuate over a 60 day period. Therefore, it would be to the developer's benefit to submit the appraisal soon after a tentative map is approved in order to avoid from having to update the appraisal. Similarly, developers should submit appraisals during the plan check review process when no map is required. An appeal process for contesting the fair market value identified in the appraisal has been included in the ordinance. If the subdivider disputes the appraised value, a second appraisal retained by the subdivider may be submitted for review and approval by the City. If the City disputes the value in the second appraisal, the matter would be submitted to binding arbitration at the expense of the subdivider. The new procedure will ensure that current land values are utilized when calculating part:in-lieu fees and will enable the City to acquire and/or improve park and recreational facilities in order to achieve the goal of providing five (5) acres of parkland for every 1,000 residents. ISSUES: General Plan Conformance: The proposed zoning text amendment is consistent with the City's.General Plan, and the following goals, and objectives of the Land Use and Recreation and Community Services Elements: A. Land Use Element Objective LU 14.1: Preserve and acquire open spaces for the City's existing and future residents that provide, maintain, and protect significant environmental resources, recreational opportunities, and visual relief from development of the City. Policy L U 14.1.2: Permit the acquisition and/or dedication of lands for new open space purposes in any land use zone where they complement and are compatible with adjacent land uses and development, contingent on City review and approval. rt—2/12/02 4 (OZsr1381 Q .a k Policy E-7 11.1.-' Provide for the acquisition an a.ceve_.opines, of s1:e C,t.."3 SID at• S 1,21 accordance with the Parks and Recreation Blernent of the General Plan. The revised ordinance will allow the Ciry to collect fees necessanr to acquire a�_u i��1=1-,e par:_ and recreational facilities throughout the Cit;,, B. Recreation and Coynnizinity Services Element Goal RCS 2: Provide adequately sized and located active and passive parklands to meet the recreational needs of existing and future residents, and to preserve natural resources within the City of Huntington Beach and its sphere of influence. Policy RCS 2.1.1: Maintain the current park per capita ratio of 5.0 acres per 1,000 persons, which includes the beach in the calculation. Policy RCS 8.1.5: Update, on a periodic basis, the park in-lieu fee assessed to all new development. The revised ordinance will update the fee assessed on new residential development, and will ensure that current land values are utilized when calculating parkland in-lieu fees. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,which supplements the California Environmental Quality Act. Coastal Status: This zoning text amendment will be processed as a minor amendment to the Huntington Beach Local Coastal Program implementing ordinances and will be filed with the California Coastal Commission with other minor amendments. Redevelopment Status: Not applicable. Des.,an Review Board: Not applicable. Sttbdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works, Fire,Police, and Building and Safety,have no concerns. The Community Services Department has worked closely with the Planning Department and City Attorney's office and recommends adoption of the proposed ordinance. Pt'Staff Renort—2/12/02 5 ,. (02sr08; e� �o� iibIic I-Vot!flcado Pi s Legal notice was published in the L±unting=on Beach/Fountain Valley hadependent on Janua-_ 2002, and notices were sent to individuals/organizations requestLag notification (Planning Department's Notification Matrix), and interested parties. As of February"r, 2002, there hav=.been lacletters received as a result of the notification. DATE OF COMPLETE APPLICATION: MANDATORY PROCESSR�G DATE(S'): Not applicable Not applicable because ZTA is a legislative act and not a development permit P ANALYSIS: In analyzing the proposed revisions to the ordinance, it is important to understand the adopted method in determining the required park dedications. The current formula in detenmining the park dedication requirement is described below: 5.0 MY, x D.U.)= Area required to be dedicated 1000 A = Area in acres required to be dedicated as a park site or to be appraised for fee payment of the residential subdivision 5.0 = Number of acres per one thousand persons. D.F. = Density Factor as determined by the City Council resolution pursuant to the most recent available federal census or state or City population and housing data. D.U. = Number of dwelling units proposed in the subdivision. The park in-lieu fee per unit can be determined by multiplying$519,976 (60% of the average land value per acre)by the area required to be dedicated. Currently,the existing fee per single family residential unit is $8,919. The draft ordinance has several new components in addition to the primary change for determining the in-lieu fee method. These changes are discussed below: Average Land Value (Existing) vs. Site Specific Appraisal (Proposed) Staff supports the proposed site specific appraisal over the current average land value method. Staff has expressed concern with the existing methodology of averaging the appraised parkland value on a citywide basis, especially when land values may vary between 700,000 to over 4 million dollars per acre. The proposed site-specific appraisal would allow the City to determine the exact value of the property to be developed and use the value in the existing formula to determine the park in-lieu fee. Once the fair market value is determined,the appraised value per acre would be applied to the current formula. The site specific appraisal best meets the goals of the city and is the most equitable. n n V/.f t02sro8 Z TA tl O O r new sing!, -y es e es Several examples of the potential few incr„as., for n� � in�le farn.il; r�aia I:c..a are The misting fee (S3,9108/unit) is also depicted in the list of e Lamples: BASED O--,-N- 3.43 a EENS3' Y FACTOR Acres to be Park Formula dedicated Land value per acra In•Lie{! ee oer !nit 5.0 ac(3.43 x 1 unit)= 0.01715 ac X $3,750,000/ac = $6u,3001urik 1000 persons (approx.$250,000(25'wide downtown lot) 5.0 ac((3.43 x 1 unit)= 0.01715 ac X $2,000,000/ac = $34,3001unit 1000 persons 5.0 ac(3.43 x 1 unit)= 0.01715 ac X $1,000,000/ac = $17,1501unit 1000 persons 5.0 ac(3.43 x 1 unit)= 0.01715 ac $850,0001ac = $14,6001unit 1000 persons EXISTING FEE 5.0 ac(3.43 x 1 unit)= 0.01715 ac X $519,9761ac = $8,918/unit 1000 persons (60%of city wide avg.$866,6271ac) It should be noted that although the proposal to utilize a site specific appraisal would result in a fee increase, staff is also analyzing recent housing data in an effort to update the density factor(D.F.) in the existing formula. In reviewing the 2000 Census referencing household size,the density factor may be reduced to 2.68 persons per household. Staff is conducting additional research into the Census and the household size. The following table uses the preliminary revised density factor. BASED ON REVISED 2.68 DENSITY FACTOR Acres to be Park Formula dedicated Land value per acre In-Lieu Fee per unit 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $3,750,0001ac = $50,250/unit 1000 persons (approx.$250,000125'wide downtown lot) 5.0 ac(2.68 x.1 unit)= 0.0134 ac X $2,000,0001ac = $26,8001unit 1000 persons 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $1,000,000/ac = $13,4001unit 1000 persons 5.0 ac(2.68 x 1 unit)= 0.0134 ac X $850,0001ac = $11,4001unit 1000 persons � ) �. ! r Off-Site lmnroveinents A provision that subdividers complete or paj°for off-site i7lpIovements has been added baser on,H required improvements for new park sites includin,curbs, gutters, side v,all s, street lic l ts,. drainag= facilities, etc. tiv�hen park in, are proposed as part of a residenti al development, subdividers are required to construct standard part:infrastructure or pay a stun estimated bv the Director of Public Works sufficient to cover the cost of the off-site improvements. WI.zen in-he_i fees are currently collected, there is no additional fee charged to the subdivider for off-site park improvements. The revised ordinance will now require subdividers to pay an additional 209"O of the park ul lieu fee to pay for off-site park infrastructure. The City of Mission Viejo also requires a similar fee equivalent to 20% of the in-lieu fee for off-site improvements. Based on the costs for standard improvements associated with park infrastructure, staff supports the supplemental fee. jUse of Fees/Accounting Based on the information in the Park Strategy and Fee Nexus Study, staff supports the use of fees for acquisition, development and rehabilitation of park and recreational facilities on a city-wide basis. The study indicates that Huntington Beach residents use and benefit from a wide range of recreational facilities distributed throughout the City. Based on user patterns,the study reconunends that new park facilities and improvements to existing recreational facilities should be provided throughout the City and not just in the neighborhood of the subdivision. Based on the existing inventory and usage patterns of City's park and recreation facilities including the beach, Central Park, and community centers, staff supports the conclusions of the study. In addition, staff supports the establishment of a"park i.n lieu fee account" to track the collection and use of the park in lieu fees. Currently,the in-lieu fees are collected and kept in a"park enterprise fluid" account together with other revenue received from litigation, donations, grants, etc. The creation of a separate sub-account for"Quimby Fees"will assure that those fees will only be spent on acquisition, development or rehabilitation of park facilities in compliance with State Law. Furthermore,the Department of Community Services will forward a report to the City Council describing the account activity on an annual basis. Appeal Process The proposed ordinance includes the ability for subdividers to appeal the land value determined by a city-approved appraiser. Staff supports the option that subdividers have the ability to appeal the original appraisal by submitting separate appraisals, and enter into binding arbitration if desired. For projects with three or fewer parcels, the Planning Director will determine land values based on recent sales information obtained from the City's Real Estate Services Division. Subdividers will have the same option to submit a separate appraisal if they decide to challenge the Planning Directors determination. The cost of the appeal process (i.e. appraisals, arbitration) would be the responsibility of the subdivider. k Staff recommends that each residential development be required to submit a c appraisal to determine the exact cost of the park fee. Staff has determined that this?method best meets fne coal o= the Parr Acquisition and Development Fund and is the most equitable and legally defer-ible. Star` recommends the Planning Commission approve Zoning Text Amendment No. 01-02 and forward to the City Council based on the following reasons: o The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. o The revised ordinance will update the fee assessed on new residential development and will ensure that current land values are utilized when calculating parkland in-lieu fees. o The revised ordinance will allow the City to collect fees necessary to acquire and improve park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. ATTACHMENTS: Sftggested-£jn.A s er-� gp • � L C�+CR22'�+'ZCLI��i."a'Z�.�D �.ur.tnti n��,�....,... 4. Park Strategy and Fee Nexus Study dated December 2001 (copies available at the Dept. of Planning or Dept. of Community Services) 5. City Council Minutes dated June 19, 2000 SH:HF:WC:rl ewe f (02sib8 L l V 1- C> aL.. I � R n��.. C Of Runfington Beach hy .dark SirategY and Fey Nexus St"dy � � . STV swam CV %Tftf I Report ort p December 2001 Copies available for review P L at the Dept. of Planning (3`d Floor) or Dept. of Community Services (5t' Floor) ,ft I B K F City of Huntington Beach 2000 Main Street Market Research and Strateg'c Planning r0."�. ZtVouncil}-.r~ q� aldl o-. �» SS1. i'oepaRnl en; :'�e 01�J i-.; ; or ejir3'e....=! ;.;. Rehabilitation (Slurry Seal and Over.. j-.-_3_Q4 Local Streets (320.20) And further that the Public�,f orks Director's Report on Urban =�.- � _a_i Re,��ediatlon ,action Plan - Update for .tune 2000 was deferred by the City Council, to �n��v�.'�-��= Council meeting. The motion carried unanimously with all present. " (City Council Public Hearin Continued Open From May 15 2000 -Approved Zonin � ( y ) g P y � S t� Text Amendment No. 99-4 Park In-Lieu Fees for Residential properties - Approved 4 Introduction of Ordinance No. 3468 As Amended -Directed Staff to Conduct a News t 1a Study (640.10) �) Mayor Garofalo announced that this was the time scheduled to consider the following public hearing. Applicant:: City of Huntington Beach Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) addressing the method to calculate parkland in-lieu fees for residential development. Location: Citywide. Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky presented a staff report and referred to a slide report titled Park and Recreation In-Lieu Fees, that had been announced earlier as a Late Communication by the City Clerk. Senior Planner Scott Hess presented an update of a meeting with the Building Industry Association . He referred to a letter from BIA titled City Council Agenda Item D-1-Approve Zoning Text Amendment No. 99-04 (Fee In-Lieu of Parkland Dedication) in support of the Planning Commission's recommended action. The communication was announced by the City Clerk earlier in the meeting and during the public hearing portion as a Late Communication. Planning Commissioner Chair, Dr, Gerald Chapman, at the request of the City Council, presented information as to how the Planning Commission reached its recommendation for approval of the Zoning Text Amendment with modifications. He informed Council that in order to address issues raised by several developers and consultants, the Planning Commission recommends a two-phase approach: (1)The Zi'A be approved establishing a method for fees based upon 50% of the average value per acre of citywide parkland; and (2) Direct staff to complete a comprehensive study identifying costs associated with build-out of the Master Plan of Park Improvements. Planning Director Howard Zelefsky referred to a communication dated June 19, 2000 from the Director of Community Services transmitting the formula for Park in-Lieu Fees for the Downtown Specific Plan and the updated Capital Improvement.Program for the and�a (14) Juna i9, 2000 - Co 0L!in c1�1:.g a:nc I n De�eiop�l I nt Fund. Commu n1cation hied.Par;,in-Lia:r,-eeS or c,.,-io-°;n Svec ,7;: Pia,- f =s announced by the City Cie... in tiir iii_etiiiG and curing the ptl iiC i :rii-1g, ,i'01 L10 3 .—=s Late Communication. The City Clerk announced other Late Communications that Per-: to item, s o7 n the Hearing as follows: Slide report from the Planning Department titled Park and Racreation in-Lieu ;-aes. Communication from Joyce Riddell, President of the Chamber of Commerce dated June 19, 2000 re the Public Hearing on Park and Recreation In-Lieu Fees. Slide report from the Planning Department titled PLC Land Cor7panyAnnexation and i 0-Unii Subdivision. Mayor Garofalo declared the public hearing open. Robert Corona, developer, presented reasons why he believes using the proper formula will stop building in the downtown area. He spoke regarding his recommendation on aspects of the matter, including that he would like to see a 90-day window for those coming on board. Lynne Fishel, representative of the Building Industry Association (BIA) stated that the BIA supports the Planning Commission recommendation. in response to Mayor Garofalo, Ms. Fishes stated that in her experience, City of Huntington Beach fees are on the low side. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Councilmember Bauer spoke as to why he supports the staff recommendation for approval of the Zoning Text Amendment as directed by the City Council on November 1, 1999 which requires a site specific appraisal to be submitted to determine the exact park in-lieu fee. Discussion was held between City Council and staff relative to the fee formula. Community Services Director Ron Hagan reported at length regarding the proposed fee. in response to Council, he reported on how two different fees could be charged as a compromise. A motion was made by Bauer, second Sullivan to approve the Staff recommendation for approval of Zoning Text Amendment No.99.1 with modificatlons with findings for approval (Attachment No. 1) and after reading by title by the City Clerk, approve introduction of Ordinance No. 3468-A- "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Section 254.08H Thereof Relating to Park fn-Lieu Fees"(Attachment No. 2). The motion failed by the following roll call vote: AYES: Sullivan, Dettloff, Bauer NOES: Julien, Harman, Garofalo, Green ABSENT: None A motion was made by Mayor Pro Tern Harman, second Julien, to approve Planning Commission recommendation for approval of Zoning Text Amendment No.99-4 with modifications with findings for approval (Attachment No. 4)*and after reading by title by the City Clerk, approve introduction of Ordinance No.3468-A- 'An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by 1P. Amending Section 254.05H Tnereor-R61afing to Part;In-Lieu Fe es (At ach in-a'n. IN. 5' amended to change percentage from 50 to 60%, and also direct a Nexus Study to be comp;etac by next year and direct study of the mac-ter of having the fees benefit the nelanborhood froi:. Which the fees are derived. The motion carried by the following roll cal; vote: AYES: Julien, Harman, Garofalo, Green NOES: Sullivan, Dettloff, Sauer ABSENT: None *A a ACHMENT NO. 4 Findings for Approval ZONING TEXT AMENDMENT NO. 99-4 Suggested Findings for Approval—Zoning Text Amendment No. 99-4: 1. Zoning Text Amendment No. 99-4 amending Chapter 254.08 H of the Huntington Beach Zoning and Subdivision Ordinance addressing methods to calculate required park land in- lieu fees for residential development is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will allow the City to collect fees necessary to acquire, improve, and rehabilitate park and recreation facilities throughout the City. 2. The change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The revised ordinance applies to residential development and the method to calculate the required parkland in-lieu fees for residential development. The amendment will be consistent with other provisions in the Zoning and Subdivision Ordinance. 3. A community need is demonstrated for the change proposed. The current land value for park sites has been under assessed and not analyzed since 1990. The new method will f ensure that current land values are utilized when calculating parkland in-lieu fees. s 4. The adoption will be in conformity with public convenience, general welfare and good zoning p: practice. The revised ordinance will result in the City's ability to provide sufficient } recreational opportunities for its residents and visitors. Motion to Adjourn Meeting—Failed for a Lack of a Second (120.10) A mono made by Green to adjourn the meeting due to the lateness.of the hour, per Council estab resolution. The motion failed for a lack of a second. Mayor Garofalo left the Co eeting. (City Council) Public Hearing—Appro 000-2001 (CDBG) Community Development Block GrantlHome Action Plan (340.70) Mayor Pro Tem Harman announced that this was the time led to consider the following public hearing:To All Interested Agencies, Groups And Persons. Public comments are a ed and welcome at this City Council public hearing on the 2000-2001 Action Plan 16 accorda 'th 'E �� A-prh 2, 2002 Ms. Jan Snoma!{er City of I-Iuat gtor-,Beach 2000 Main St. _ Huntington Beach, CA 92648 9 E::ecuLiet, Cirvit- SUiLC SUBJECT: ZONING TEXT AMENDMENT NO. 01.-02, PARK IIN- trvinei(California 92(i1=( LIEU FEE ORDINANCE 949.55:3.9500 fas 9.-9.55+3.9-�iU Ittt?x:/!w«'%d)iat wotn Dear Ms. Shomaker and Planning Commissioners: On behalf of the Orange County Chapter of the Building Industry Association PRESIDENT LJ EDC-COME of Southern California(BWOC), we are writing to you regarding the JOHN LAING HOMES proposed In-Lieu Park Fee increase. BIA/OC is a nonprofit trade association, vlcE PRESIDENT consisting of nearly 1,000 member companies representing over 75,000 JON ROBERTSON employees in the residential home building and light construction industry. CALIFORNIA PACIFIC HOMES 2ND VICE PRESIOENT GORDON CRAIG The subject of City implementation of the Quimby Act is of utmost RGCS DEVELOPMENT importance to our Industry. Ultimately, increasing fees of all types are a I TREASURER contributing deterrent to housing development and affordability in our Region. i JOHN HUNTER THE IRVINE COMPANY BIA is supportive of parks and acknowledges that a strong park system is a positive amenity to new home construction. We also acknowledge fees that RICHSECRETARY UGLASS are fair and equitably imposed. CENTEX HOMES TRADE CONTRACTOR ALLIANCE V.P As you may recall we attended the February 12�'meeting of the Planning 1 THOMAS STEELS y y y g g HARDWOOD CREATIONS Commission and testified requesting the continuance of this Zoning Text IMMEDIATE PAST PRESIDENT Amendment. The City has chosen not to include BIA on the Planning STEVE CAMERON Commission subcommittee evaluating this issue, so we hope you will consider i FIELDSTONE COMMUNITIES our input provided within this letter, i ASSOCIATE MEMBER V.P. i LAER PEARCE LAER PEARCE AND ASSOCIATES We received an email from City staff on March 11, 2002, including eight MEMBER•AT LARGE BILL WATT questions raised by the Planning Commission on February 12, 2002. s SAYWOOD DEVELOPMENT Conspicuously absent from this list is the question of consistency of the City's proposed action with the Quimby Act. Commissioner Tom Livengood raised A BY BERNSTEINE D JA this issue as did BIA during our testimony. We strongly encourage the City to i C(SON,DEMARCO i &PECXENPAUGH consider the comments below: CHIEF-EXECUTIVE OFFICER The proposed Amendment to Section 2154.08 of the HUNTINGTON BEACH tY"NE FISHEL ZONING AND SUBDIVISION ORDINANCE must comply withthe requirements of Government Code Section 66477. The revised Ordinance, upon adoption by the City Council,will impermissibly require 5 acres per 1 An AjC?i=te of the la-d®r- I •.,I �,:,aciatinit nt Honl� suilder, and the l zlit+lr- A r-ra.��' �7,T' ° -�" ni'1 BuItdinll I—ic l=CTi' �V G t i ' ate nt t.ltltitl (� e _.1J11V Lie.st7'=il resioi�� !`/i-_�i.. '�_ S1lvCividerS. See Sec'_ion _L�Li.0 _"_se'v`!=>j v. Gs a __G= i; .:ti ctio-n 25 F- Section 254.08(G). Now, and at the time of the Local Par'.Ordinance's first adoption,the City did not provide or maintain 5 acres of local park-land per 1,000 residents. 7TY'e believe the evidence shoes that the City ?ucorrectly 1cluded reggiozial. parlks and state parks within its base park calculations in order to reach the 5- acre/1,000 ratio. The Quimby Act clearly limits the calculation to local and- community parks. The City's General Plan specifically identifies regional and state parks that are included in the local parr ratio calculations. Moreover,the city has provided, through the study prepared by "Pulse Marketing" specific evidence that the city does not have an existing inventory of"neighborhood and community parks" sufficient to justify a 5 acre per 1,000 persons standard. BIA/GC objects to the new ordinance use of this impermissible standard. Of the eight questions, we have chosen to provide input to the Planning Commission on items 1, 2 and 5. The rest of the items seem best addressed by staff. 1. Need to see a comparison of existing fees and new fees to equivalent parcels in other coastal cities and Mission Viejo. BL410C Response The proposed Huntington Beach in-lieu park fees identified on Sta. f'Report Attachment 2 identify a range of between $11,400 and$64,300 per dwelling unit depending on land value and density factor. BL410C maintains an annual fee survey for Orange County,for the reporting cities as of 2001;the proposed Huntington Beach in-lieu park fees would be far and away the highest in Orange County(see table below) city Fee per Dwelling Unit Anaheim $4,374 Brea $1,525 Costa Mesa $5,482 C ress $3,399 Garden Grove $1,200 Laguna Beach $4,580 Los Alamitos $3,125 Newport Beach $6,894 San Clemente $6,823 San Juan Capistrano $4,840 Yorba Linda $1,345 7 BZ410C RL ons The (General flan Istfrastrvuczum and Commur`ity sera aces Elerne It 13 specifically concerned witia identifying, maintaisiaag, and eP-yaaaoacaaag jonfi pr ° and recreational services and facilities. Further, it identyaes existing- ``aeon coastaal"parks and recreation facilities such as neighborhood, corn ur-it) arzaT reglonaal parr Elm Quimby Act speci)7caally requires neighborhood or community parr dedication. It is our understanding that the City has wed regional parks and both the City and State beaches(both clearly regional recreational facilities) to calculate the 5-acre parkland dedication requirement, which may be inconsistent with the General Plan and else Qadmby Act 5. What will he the impact on the builder with this fee increase? BM (Response .builders will have a tougher time financing a development. In addition, the park fees will ultimately be passed on to customers(purchasers of the homes). Increasing the cost of a home by up to $60,000 will make the purchase of the home unattainable for more people. Industry experts have calculated that for every $1,000 increase in the price o,f`'a home, almost 1,800 households are eliminated from buying that home. Further, only approximately 113 of Orange County's households can afford the cost o,f'a median sales price home in OC Please contact Mike Balsamo,B1A/0C Director of Governmental Affairs, if you have any questions. Sincerely, Michael E.Balsamo Director of Governmental Affairs cc: Mr. Wayne Carvalho, City of Huntington Beach Mr. John Erskine,Nossaman, Guthner,Knox, Elliott Mr.Kevin Canning, Culbertson Adams BIA/OC Board of Directors BI41OC Governmental Affairs Committee a W'�� April 3,2002 Jan Shoemaker,Chairperson R.E.� =� Huntington Beach Planning Conuuission .APR 0 Q 200C 2000 Main Street Huntington Beach,CA 92648 Subject: Park In-Lieu Fee Sub-Committee Dear Chairperson Shoemaker and Planning Commissioners: We would like to thank you for the opportunity to participate in the Park-In-Lieu Fee Subcommittee. While our task was directed to concentrate on reviewing only the eight issues raised by the Commission at the February 12,2002 meeting, a number of other items were brought up. The following was discussed at the Sub-committee meeting,however,the information was not included in the sub-committee report, because it was not one of the eight issues specifically raised at the Commission meeting. The City has two chapters in the Zoning and Subdivision Ordinance pertaining to the payment of park fees. The first is Chapter 254,the City's Quimby Act Ordinance pertaining to new residential subdivisions. The second is Chapter 230,for residential development not requiring a map and park fees were not previously paid. The City's formula for determining the fee is the same in both cases. The intent of the Quimby Act is to acquire new park properties and enhance the current parks system. The formula for fees paid in-lieu of land dedication should continue to be based on an average property value of undeveloped land in the City. The second fee(Chapter 230)is intended to address the impact of new residential development on the existing parks system and provide sufficient funds for mitigation. The fee formula should be based on the average cost of Park development and improvement,not site-specific property value. Projected costs for future park acquisitions and development have been identified. Since no park site acquisitions are proposed for the City's higher valued properties and all the identified park development and improvement project costs are substantially less than the average land cost,on a per acre basis. We therefore propose that a single formula continue to be used for both fees however,modified to reflect a more equitable approach for all new residential construction. A modified park fee based on the average land value for residential property in the City(currently $866,627 per acre)should be reduced by approximately 25%to better equate the fee to a land dedication value(accounting for right-of-way dedications and related site improvement costs). This figure would then be adjusted by the appropriate density factor of the various types of residential units,as determined by the most recent census. The anticipated fees generated will provide the City with sufficient funds to acquire the necessary lands and develop the planned improvements to complete the City's Parks Master Plan program,as outlined in the recent study. Thank you again for requesting our participation. We will be available to answer any questions at the April 9th,hearing. Sincerely, Dick Harlow Bob Corona Mike Adams 1 Joan Templeton 7291 Mast Dr. Huntington Beach,California 92648 17 April 11, 2002 �GGI City of Huntington Beach City Planning Commission 2000 Main Street Huntington Beach, Ca 92618 Dear Planning Commissioners: I followed your discussion of Park In-Lieu Fees at the last Planning Commission meeting with great interest. As I understand the discussion,under code section 230.20 an increase in park fees can and will be applied to all building within the city, in addition to the Park In-lieu fees under the Quimby Act for subdivisions. I have heard various amounts given for the fees from$10,000 to $65,000. I understand that one major issue is what to base the fees upon,present appraised value vrs square footage. I urge you to choose the square footage bases for fees for the following reasons. I purchased a lot in the downtown redevelopment district in 1995 and have paid for improvements including environmental cleanup, drainage correction of the property, under ground utilities, and alley dedication to the city to meet width requirements and alley concrete. What I paid for the lot was all I could and can afford. I am now in the process of having architectural plans drawn to submit to the building and planning departments. I had hoped to build this year. I have waited patiently to build on the lot until I could accumulate enough equity and cash to obtain a reasonable loan. I am now in a complete shock and do not know what to do. I cannot afford a huge park fee of$50,000 to$65,000 and build on my lot. This one fee would represent over 16 %of my building costs. In addition, I have many other city fees I must pay which could amount to 25%of my building costs. This is just financially impossible for me. The lot value has increased considerably, but I will not have that value increase in my pocket for building or for any increased fees,the value is locked in the lot,not in any cash or development profit for me. This is to be my home. It appears to me this is the same issue that Howard Jarvis was such an advocate about and the same issue that Proposition 13 was passed to solve. Individuals who had purchased homes that increase greatly in value were asked to pay unreasonable property taxes and they were losing their homes. If unreasonable fees,based upon increased property values,are levied to individuals remodeling their own homes, and or tearing down an old k 2 home to build new upon their lot, improvement in the existing housing stock will halt. I have talked with a number of Huntington Beach citizens who years ago purchased an old existing home in downtown. They had plans to remodel or tear down the structure, but will not be able to do this if an unreasonable park fee of thousands of dollars is implemented. If you plan to use property values as bases for computing fees,it should be the price the individual paid for the property, as is the case in property taxes, not market value! One of the Goals listed under Your Master plan stated: Provide diverse housing stock and maintain the quality of the housing stock. We all know that you improve your housing stock by rebuilding, remodeling,tearing down and building new. What you appear to be proposing is to freeze individual homeowners out of improving their housing and/or developing their individually owned land. Newport Beach, Laguna Beach and Seal Beach have been mentioned as comparable beach cities. All these cities encourage tearing down and rebuilding existing housing, values increase and the community improves. In addition, the city would improve their tax property base by the higher values of the new homes. You have seen this happen in downtown Huntington Beach. Please do not stop this greatly needed improvement by an unreasonable park fee. Please reconsider this proposal and if you do approve an increased park fee make it reasonable for your citizens. I speak not as a developer,but as a long time citizen of downtown Huntington Beach and an individual home and landowner.At present I live in Beachwalk, and we just recently developed the oil islands deeded to us by Chevron. If an unreasonable park fee of$30,000 per unit had been in place we could not have built these additional units. These units helped all of Beachwalk improve and therefore helped Huntington Beach greatly improve. Please stop and think about what your actions may well do to the future improvement of the existing housing stock. Please think about what this action may do to individual owners in Huntington Beach who want to improve their housing. Sincerely, ?an fempleion 77, `� y FR�ITM : • FAX N0, • Jun. 03 2002 03:52PM P1 n BIR June 3,2002 Orange C owdy Mayor Debbie Cook via fax & US mail Chapter City of Huntington Beach 2000 Main St. K1u 1(1i11g 1r0u.-ztr•y A".0c'iation h f 5eutern Ca.liforrria Huntington Beach, CA 92648 o ..-... 9 h:xneutivr,Circle suite. 100 SUBJECT: ZONING TEXT AMENDMENT NO. 01-02, PARK IN- Irvint.,California r)2614 LIEU FEE ORDINANCE 949,55:3.9500 fax 949.55:3.9507 btil)://www.biaoc!.uoin Dear Mayor Cook and City Councilmembers: ---On behalf ofthe Orange County Chapter of the Building Industry Association PRESIDENT LJEDOCOM; of Southern California(BiA/OC),we are writing to you regarding the JOHN LAING HOMES proposed In-Lieu bark Fee increase. RlA/OC is a nonprofit trade association, VICE PRESIDENT consisting of over 900 member companies representing over 75,000 JON rtOSERT.SON employees in the residential home building;and light construction industry. CALIFORNIA PACIFIC,i 10ME5 2ND VICF.PRESIDENT GORDON CRAIG The subject of City implementation of the Quimby Act is of utmost RGCS DEVELOPMENT importance to our Industry. Ultimately, increasing fees of all types are a TREASURER JOHcontributing deterrent to housing development and affordabilityin our Region. IRVIN HUNTER `''-"b �"t� p t7 THE.fRVING COMPANY BIA is supportive of parks and acknowledges that a strong park system is a SECRETARY positive amenity to new home construction. We also acknowledge fees that MCHARD DOUGLASS are fair and equitably imposed. CENTEX HOMES TRADE CONTRACTOR ALLIANCE VF We attended the February12'h Aril 9 h and April 23r meetings of the TNO OD SiEELE /� , p Zoning � �� HARDWOOD CREATIONS Planning Commission regarding,this Zoning Text Amendment and we IMMEDIATE PAST PRESIDENT testified at the first two meetings. The City had chosen not to include BIA on STEVE CAMERON y FIELDSTONE COMMUNITIES LiAG rlaluilai�CvAuc�lio.�ivai�aaLv\+.++llllttv0 VVYi�.4A.�.'1Yis Bala TGOVLO, 00 ??.0 P!��?j�n1� MEMIag will consider our input provided within this letter. LAEREPEARCERV.F. LAER PEARCE.AND ASSOCIATES We received an email from.City staff on March 11,2002, including eight MEMBER-AT-LARCF ,WATT questions raised by the Planning Commission on February 12,2002. BAVWOODIDEVELOPMENT Conspicuously absent from this list is-the question of consistency of the City's MFMtIER-AT-LARGE proposed action with the Quimby Act, Commissioner Tong Livengood raised ANDY BERNST51N this issue as did.BIA during our testimony. We strongly encourage the City to JAg PECKENPAUGHO consider the comments below: CHIEF EXECUTIVE OFFICER The proposed Amendment to Section 2154.08 of the HUNTINGTON BEACH LYNNE FISHEL ZONING AND SUBDIVISION ORDINANCE must comply with the requirements of Government Code Section 66477. The revised Ordinance, upon adoption by the City Council, will impermissibly require 5 acres per -1rz `ffiliaLr..of�1tr• \aticri ,�l -l.��ixialinr? of Harr' iiltiltir.r,and the f.:�tlifi r Ttia Niuiltliitr_ Indui tr_ -social,ioll uN A iw D - FW!iI • FAX NO. Jun. 03 2002 03:53PM P2 1,000 persons residing within the city to be supplied by residential subdividers. See Section 254.08(A) 6. as amended, Section 25408(17)and Section 254.08(G). Now,and at the time of the Local Park Ordinance's first adoption,the City did not provide or maintain 5 acres of local parkland per 1,000 residents. We believe the evidence shows that the City incorrectly included regional parks and state parks witlun its base park calculations in order to reach the 5- acre/1,000 ratio. The Quimby Act clearly limits the calculation to local and community parks. The City's General Plan specifically identifies regional and state parks that are included in the local park ratio calculations. Moreover,the city has provided,through the study prepared by"Pulse Marketing" specific evidence that the city hoes not have an existing inventory of"neighborhood and community parks"sufficient to justify a 5 acre per 1,000 persons standard. BT,A/OC objects to the new ordinance use of this impermissible standard.. Of the eight questions, we have chosen to provide input to the Planning Commission and City Council on items 1,2 and 5. The rest of the items seem best addressed by staff. 1. Need to see a comparison of existing fees and new fees to equivalent parcels in other coastal cities and Mission Viejo. BL410C Response The proposed Huntington Beach in-lieu parkfees identified on Staff Report Attachment 2 identaffy a range of between S11,400 and$64,300 per dwelling unit depending on land value and density factor. BIA/0C maintains an annual fee survey for Orange County,for the reporting cities as of 2001;the proposed Huntington Beach in-lieu park fees would be far and away the highest in Orange County(see table below) Gi Feebler Dwelling Unit� Anaheim S4,374 Area $1,S25 Costa Meso $S,48Z 01 press $3,399 Garden Grove $1,200 Laguna Beach S41,580 Los Alamitos S3,125 -Noy port Beach $6,894 San Clemente $6,823 San Juan Ca istranti 143840 Yorba Linda $1,345 FR(N . FAX NO. : • Jun. 03 2002 03:53PM P3 2. How does the General Plan tie into this Ordinance? A BI /O C Response The General Plan Infrastructure and Community Services Element is specifically concerned with identifying, maintaining, and enhancing local parks and recreational services and facilities. Further,it identifies existing "non coastal"parks and recreation facilities such as neighborhood, community and regional parks The Quimby Act specifically requires neighborhood or community park dedication. It is our understanding that the City has used regional parks and both the City and State beaches(both clearly regional recreational facilities) to calculate the nacre parkland dedication requirement, which may be inconsistent with the General Plan and the Quimby Act. 5. What will be the impact on the builder with this fee increase? BLVResponse Builders will have a tougher time_f xnancing a development. In addition, the park fees will ultimately be passed on to customers(purchasers of the homes). Increasing the cost of a home by up to$60,000 will make the purchase of the home unattainable for more people. Industry experts have calculated that for every$1,600 increase in the price of a home,almost 1,800 households are eliminatedfrom buying that home. Further, only approximately 113 of Orange County's households can afford the cost of a median sales price. home in OG Please contact Mike Balsamo,BlA/O(. Director of Governmental Affairs, if you have any questions. Sincerely, A"W'e-- Lynnere Michael E.Balsamo ChiefOfficer Director of Governmental Affairs cc: Mr. Wayne Carvalho, City of Huntington Beach Mr. John Erskine,Nossaman, Cruthner, Knox, Elliott B1A/OC Board of Directors RIVOC Governmental Affairs Cornmittee Mv- 31 . "'0011 5 : 44PM No . 6633 P . Scot Campbell 406 Townsquare Lane, Huntington Beach, Ca 92W 714-960-0700 C__ c--� Friday, May 31,2002 1 � 4 Ms. Debbie Cook, Mayor City of Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 RE: Round Table Discussion Section 254.08&230.20 Dear Mayor& Council Members: Thank you for organizing the round table discussion regarding the proposed Park In-Lieu fee increases under section 254.08 and 230.20. There is a need to find a funding source for the $106 million deficit in the park budget. I realize that the deficit is largely the result of decisions made many years ago. It is admirable that you are willing to take on such a difficult public policy issue head on. I am not an expert on 254.08; therefore, I will stand on the comments I made at the round table. However, in reference to 230.20, 1 have some public policy recommendations which you might find useful in your council deliberations. Here are my thoughts on 230.20: First it should be acknowledged that there simply is not enough new construction coming on line to cover the $106 million deficit. According to the presentation, we can expect at best$10 to $15 million in funds from 254.08. We need to consider how to come up with the remaining $85 to $90 budget deficit. Second, it must be acknowledged that infill, major remodeling, and additions to existing subdi- visions which fall into the 230.20 category will not generate the necessary funds. The Pulse Mar- keting presentation indicated that total fees from 230.20 could be increased by$1.5 million by adopting a fee of approximately$1.00 per square foot paid by homeowners who remodel their homes or tear down and rebuild homes as is popular in the downtown and harbour areas. In short, it will not be possible to cover the deficit by obtaining more money from the relatively small number of parcels being developed, remodelled or added onto. The solution to this public policy problem is to obtain a relatively small sum from many households, and to do it in a manner which has minimal economic disincentive on those who would like to build or remodel. Economists have shown that when one taxes a perfectly inelastic good, there is no affect on the quantity of the good demanded by the consumer. In such a case, the producers still supply the exact same quantity of the good, the consumer demands the exact same quantity of the good, and the government receives tax revenue which has no dead weight loss (except to alter slightly the basket of goods purchased by the consumer). Ideally, the fee (tax)to be imposed to make up the park deficit should be placed on an inelastic good if such a good can be found. There are a few other desireable attributes of the inelastic LN-Te C.bMMUNI CAToN MAY-31-2002 18: 17 99% P.02 May - 31 . 2002 5 :44PM No - 6633 P . 3 ` It r � • good which would be taxed: 1) The good to be taxed should be related to residences, since it is the citizens who use the parks, not the business owners or employees. 2) The good to be taxed should be one which is easy to identify, and enforcement of the tax should be easy. Ideally, the enforcement mechanism would already be in place within the City structure. 3) The good to be taxed would result in tax revenue sooner for those neighborhoods where exist- ing parks are in need of renovations in the near term. 4) The good to be taxed should be easy to fairly levy on all types of residential structures includ- ing single family residences, town homes, condominiums, and residential income properties. I believe there is a good which could be taxed which is highly inelastic and has the desireable attri- butes mentioned above. That good is the ROOF COVER. Allow me to cover the above points one at a time: Inelastic! When a roof is at the end of its useful life, one has little choice but to replace it. Thus, the quantity of new roof covers demanded is minimally affected by price of the good. This is a classic description of a highly inelastic good. 1) Citizens live in residences and the adopted ordinance could be written to increase the permit fee on residential roof permits. 2) The mechanism for enforcing the pulling of a permit for a new roof cover is already in place wi- thin the City of Huntington Beach. Code enforcement can quickly and easily see when a residen- ce is being re-roofed. 3) Older neighborhoods which have dilapidated neighborhood park facilities are the same nei_ h- borhoods which will generate roof permit fees in the near term. 4) One can quickly and equitably levy the roof permit park fee tax on single family residences, townhouses, condominiums, and residential income properties. The fee would be based on the square footage of the roof area. Two story residential structures would pay double, three story structures would pay triple, etc. This formula approximates the living area of the residential struct- ure which is an equitable method of levying the fee/tax. During the round table meeting, I recall that Mayor Cook correctly pointed out that homes in close proximity to park assets benefit more from the park. At the council's discretion, it may be suitable to place a proratgd surcharge on the roof permit park fee for homes within one half mile of a neighborhood park. For example: residential structures adjacent to a park may pay 150% of the park fee, structures 1/10 mile from a park pay 140%, structures 2110 mile from a park pay 130%, structures 3110 mile from a park pay 120%, structures 4/10 mile from a park pay 110%, and struc- tures 5/10 mile from a park pay the standard park fee. Clearly, such a schedule would result in those residential structures which benefit most from a neighborhood park paying a greater per- centage of the long term improvement costs. What should the roof park fee be? The staff would have to make a more exact computation; ho- wever, we can start with some basics. The Pulse Marketing study indicates that there are presently 76,000 housing units in Huntington Beach. Since roof covers have an approximate average useful life of 30 years, it is proper to assume that only 25,300 housing units will require a new roof cover in the next ten years. A$1,000 roof park fee would generate approximately$25.3 million over the first ten year period and an equal sum over the 2nd and 3rd ten year periods. Furthermore, if the council elects to institute a surcharge on homes which are in close proximity to MAY-31-2002 18:17 99% P.03 Mav • 31 . 20012 5: 44PM N07 parks,the revenue could be enhanced substantially. The demand curve for even a highly inelastic good becomes more elastic as price is increased substantially. It would take a roof park fee of$4,190 to make up the entire deficit, and I believe that a fee in the$4,000 range would not maximize income. Substitutes to replacing the roof(roof repairs)would reduce the demand for roof covers. In general, I am not in favor of additional taxation. Yet, updating our neighborhood parks will have a very positive affect on property values, and additional property tax base will bring additional re- venue to the City of Huntington Beach further improving our city's financial position. The roof park fee is yet another tax which will upset many citizens; however, economic theory proves such a fee is superior to"remodeling" or"adding-on"park fees which appears to be the other option under consideration by the council under section 230.20. One very wise citizen in the round table meeting pointed out that we do not want to disincentivise remodeling and adding-on as this will result in blight and lower property tax assessments. An inflow of$25+ million from a fee on an inelastic good such as roof covers on residential struc- tures would go a long way to solving the budget deficit. Perhaps other revenue sources could make up the differential, or perhaps some park improvements could be deferred until the 2nd or 3rd ten year period. Or.., given the size of the deficit, another option is to scale back some of the planned park renovations. Finally, I believe it is important to keep one thought in mind... Fulfillment of all citizen wish list items was not one of your campaign promises. Citizens pushing for significant park expenditures need to understand that there are limits to what can be achieved. ThanK you for listening. cerely t D. C mpbell MAY-31-2002 19:17 99% P.04 S HB Park Strategy and Fee Nexus Study n • Park and Recreation Demand • Current Conditions • Resident and Business Attitudes • Priorities for the Future Study • Funding Considerations Elements • Funding Options ■ Population, housing unit and household growth is beginning slow significantly. Substantially below the County average. Park and ■ Housing build-out, aside from Recreation infill development and reuse at higher densities is in 2005 Demand ■ About 91 percent of HB residents use the City's park facilities and about 40 percent believed use �� 4'Y111119'I'll�lll� iiuih would increase r, ■ Residents from every area of the City use 82 percent of the City's park acreage and nearly 30 percent of its park facilities ■ About 66 percent of business owners/employees use HB park facilities — 7 C C commt, ■ HB presently has I I I park and recreation assets on 906.7 acres, including 9 mini, 48 neighborhood, 9 community, 3 regional, 30 buildings and 12 special use ■ More than 90 percent are more than 20 years old. ■ Hard-scape and soft-scape is in generally in good condition but most buildings and structures are in need of some Current rehabilitation ■ Some of the major buildings Conditions are functionally obsolete ■ ISES Corporation estimates $5.1 million of rehabilitation costs ■ Nearly 90 percent believe condition is good/excellent Resident ■ About 93 percent satisfied with the and number/types facilities ■ Business owners believe facilities Business make a significant contribution Attitudes ■ Needs to be stronger degree of clarity with respect to priorities ■ Want any future park related fees to be specifically"earmarked" ■ Inequitable because the structure is predicated on new residents paying y for projects created by the use of existing residents ■ Youth sports facilities are deficient ■ Commercialization of the park system 2 ■ Based on research and General Plan objectives, staff has formulated 10 year plan for acquisition, development and rehabilitation ■ 4 acquisition projects have been identified. Acquisition costs are estimated at just under$6.4 million ■ 27 specific development and/or rehabilitation projects have been identified Development and rehabilitation projects are estimated at$102.8 million Priorities ■ Projects include enhancements to tot lots and youth sports facilities, for the reconstruction of the Senior Center, Future grants to youth sports organizations and remediation of environmental problems ■ The operating deficit over the next 10 years is estimated a$36.2 million. Funding ■ The AD&R deficiency over the 10 Considerations year period is estimated at approximately$69.9 million. ■ The total funding deficiency from operations, acquisitions, development and rehabilitation is estimated at $106 million. ■ Deficit includes park fees from residential development estimated at $7.3 million, of which$6.2 million is expected by 2005. Best case could be as high as $15.0 million with revisions to ordinance, which reduces funding deficit to$98.3 million. 3 ■ Update the City's current park fee ordinance affecting subdivisions ■ Impose development fees on residential, commercial and industrial development ■ Form citywide park district/sub- districts ■ Update the City's current system of user fees ■ Establish a private foundation which could assist in fundraising, acquisitions, securing donations and trusts Funding ■ Aggressively pursue corporate Options sponsorships and public/private partnerships Y m � �r 4 Zoning Text Amendment x Amend Huntington Beach Zoning & Subdivision Ordinance - Chapter 254 x Section 254.08 Parkland Dedication x Modify method for determining parkland in-lieu fees for residential development. Current Park Fee Ordinance • The present ordinance, aside from the manner in which fees are calculated which was changed in July 2000, was adopted in August 1982. • The ordinance requires dedication of land or fee at the option of the City. • The Huntington Beach standard for dedicating park land is 5.0 acres per 1,000 persons. 5 Current Park Fee Ordinance(2) • The present average \ fair market value of park land in the City is $866,627 per acre, of which the City by Council Resolution is presently using 60% as it relates to the ordinance or $519,976 per acre Proposed Amendments • Added section discussing general purpose and objectives of the park ordinance • Added language that fees can be used citywide for acquisition; development and rehabilitation (per Nexus Study) • Added language requiring developer to put in all off- site improvements or pay for them in addition to park in-lieu fee 6 Proposed Amendments,, • Added language suiting that City will keep a separate account anddprovide an annual report • The land value ' be-based on 100 percent of the appraised acre value of the property tobe siubdildedt the time of the recording of the mfinal subdivision map Proposed Amendments(3) • A "qualified Real Estate Appraiser," holding membership in the American Institute of Real Estate Appraisers, shall be used to determine the appraised acre value • Added new "appeals" section granting rights to file appeal regarding the interpretation and/or, implementation of the Ordinance Planning Commission x 3 Planning Commission Meetings X Subcommittee to re iew issues X Separate Chapter ?54 and 230 of HBZSO X 3 PC Subco Meetings X Chamber,�HBT, Boardeof R ltors, Planning Commis on,;stafr x Speakers;opp�Qsed;to site-specific fee & connection t Sec. .230.20 of ZSO x Ordinance forwarded without recommendation Quimby Fee Exemptions • Affordable projects providing housing for low and very low income families based on household income (<80% of OC Median) •Subdivision of 50 ft. wide lot into two 25 ft. wide lots provided property owned for minimum 5 years •Still obligated to pay park in-lieu fee described under Section 230.20 of HBZSO 8 Density Factor Resolution • Density Factor used to determine fee 5 acres/1000 persons X Density Factor X (value per acre) = fee per unit •Current Density Factors adopted in 1982 3.43 for single family units •New Density Factor based on 2000 Census 2.68 for all residential projects Section 230.20 Resolution •Applicable to new residential projects not requiring a subdivision map •Requires payment of park in-lieu fees specified in fee schedule adopted by City Council • Requires payment prior to issuance of building permit 9 Staff Recommendation x Approve ZTA 01-42 x Will provide forsuf'ficient recreational opportunities to residents and visitors consistent, th,GenerallPlan x Provides rev eu squrceor acquisition, developmen and rehabilitation of parks (Park Acquisition &Development Fund) x Updates fee Assessecon new residential development using current land values e No. t� r� 9' e !=w7 Y w� e / 10 UL MEETING DATE: Ju Ii ,f DEPARTMENT SUBJECT: REQUESTING: Planning , ,. TODAY'S DATE May 14, 2002 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator 5/14/2002 2:28 PM �til�sk�c� os z3�2 Sen�" NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, June 3, 2002, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item: ❑ 1. ZONING TEXT AMENDMENT NO. 01-02 (PARK IN-LIEU FEE ORDINANCE): Applicant: City of Huntington Beach Community Services Department Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) in reference to park land dedication and in-lieu fees. The amendment includes added language addressing use of fees, method for calculating fees, providing 100% land value park in-lieu fees, off-site requirements, and appeal process. Location: Citywide Project Planner: Wayne Carvalho NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) on May 31, 2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:02cc0604) PROOF OF PUBLICATION STATE OF CALIFORNIA ) SS. County of Orange ) am a Citizen of the United States and a NOTICE OF Q FILE: A copy is-of the PUBLIC HEARING, proposed request is on BEFORE THE CITY file iti the City Clerk's Of• resident of the County aforesaid; I am five, 2000 Main Street, COUNCIL OF THE Huntington Beach, 'Cali- over the age of eighteen years, and not a CITY OF fomfa 92648, for inspec- HUNTINGTON tion by the public.A c party to or interested • in the below BEACH of the staff report will, y NOTICE 1S HEREBY available to interested entitled matter. I am a principal clerk of GIVEN that on Monday, parties at City Hall or the June 3, 2002, at 7:00 Main City Uprary (711.1 Chambers, in rs, City Council Talbert Avenue) brt May the HUNTINGTON BEACH ii�fl� DENT a 31, 2002. Chambers,. 2000 Main ALL INTERESTED Street, Huntington newspaper of general circulation, printed Beach, the,City Council PERS ' are invited to and published in the City of Huntington on�thell -hearing at<end rrng and following� � express ap coons or Beach, County of Orange, State of and zoning Item: against evidence for or 1-. ZONING TEXT against the �applrcation� AMENDMENT NO. as outlined above. If you California and that attached Notice is a 01-02 (PARK IN-LIEU challenge the City Coun- r cil's action in court, you true and complete copy as Was printed fEE ORDINANCE):Hunt- may be limited to rat p!lcanY: City of Hunt- y ington Beach - Com- only those issues you or and published in the Huntington Beach me ity Services Depart- someone else raised at - ment Request To the public hearing de and Fountain Valley issues of said i of the Section 2 each sr inl"d in this notice, of the iiunGngton Beach I or in written cpr- Zoning and Subdivision resppoondence delivered newspaper to wit the issue(s) of: Ordinance (ZSO) in;ref- to the-C� at,or prior,to, erence to park land bled!- the puck hearing. If cation and iri`Ileu fees. there are any further The, amendment !n- q Ca0 the eludes added language Planning" ant at addressing use of fees, 53§-5271 and refer to method for calculating the abovae items. Direct May 2 3 r 2 0 0 2 fees, providing 100% Your written communica y land value park in-lieu- tons to the City Clerk. fees, off-site require- Connie Brockway, ' ments, and appeal pro- City Clerk ress. Location: Citywide City of n Beach, Project Planner: Wayne HuntinC Carvalho 2000 n'a'n Street,' NOTICE IS HEREBY. 2nd Floor, declare under penalty of perjury, that categorically that item No. t it Huntington a forniiaa Beach, r i categorical) exempt from the provisions of ) 5WS227 the foregoing is true and correct. the 14 Ca IIIor ra Environmental Quantity Huntington Act t TMvfay 23, 20b9 053-078 '. Executed on May 23 , 2002 at Costa Mesa, California. Signature Fg CITV COUNCIL/REDE LOPM T AGENCY o PUBLIC HEARING REQUEST SUBJECT: 700/06' 7WrAN6WbNWT !/0` 0/ -02- DEPARTMENT MOAX O MEETING DATE JUAlc CONTACT Wt4ykt OW" PHONE: X,�Ofj;- Pleas-e refer to Section 3 of the "Agenda Process Manual" N/A VES NO ❑ ❑ Is the notice attached? ❑ ❑ Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency) hearing? ❑ ( ❑ Are the date, day, &time of the public hearing correct? [v� [] ❑ If an appeal, is the appellants name included in the notice? ❑ ❑ [ Is there an Envirormental Status to be approved by Council? ❑ ❑ Is a map attached for publication? ❑ ❑ ( Is a larger advertisement required? Size ❑ ❑ [ Is the the verification statment attached indicating the source and accuracy of the mailing list? w k bfAW*M J✓ uv-. ❑ ❑ P Are the applicant's name and address part of the mailing label? ��• ❑ ❑ Are the appelant's name and address part of the mailing label? C �� ❑ ❑ If a Coastal Development Permit, does the notice include appeal language? [jam ❑ ❑' If Coastal Development Permit, is the Coastal Commission included in of the mailing labels ❑ ❑ If Coastal Development Permit, are the residents labels attached? ❑ ❑ Is the Report 33433 attached? (Economic Development Items only) What is the minimum number of day from publication to the hearing date? __1D What is the minimum number of times to be published? What is the specified number of days between publications? P/A DEW WERS/AUVITECTS slagel ssaippy @AU3AVO 1/02 , • • Dick Kelter Duf Sfreddo Bob Corona 119-22nd Street Southridge Homes Seacliff Development Co. Huntington Beach, CA 92648 18281 Gothard Street, Suite 201 P.O. Box 269 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Kaz Begovich Bill Vogt Louie Hernandez Begovich&Haug Architects Vogt Development The Louie Group 3821 Long Beach Blvd. Suite 201 19432 Pompano Lane#112 19092 Callaway Circle Long Beach, CA 90807 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Tim Roberts Mathew Tingier Dick Harlow TNR Development Corp. TNR Development Corp. Harlow&Associates 130 McCormick Avenue,Suite 104 130 McCormick Avenue, Suite 104 211 B Main Street Costa Mesa, CA 92626 Costa Mesa, CA 92626 Huntington Beach, CA 92648 Bijan Sassounian Kirk Evans Robert Ferguson 21190 Beach Blvd. Centerstone Development Co. Sea Ridge Development Huntington Beach, CA 92648 3500 B Westlake Center Drive P.O. Box B Santa Ana, CA 92704 Huntington Beach, CA 92648 Mike Kaser Tom Zanic Robert Rann Kaser Construction New Urban West Communities Gray&Rann 5942 Edinger No. I 520 Broadway, Suite 100 5160 Birch Street, Suite 200 Huntington Beach, CA 92649 Santa Monica, CA 90401 Newport Beach, CA 92660 Scott Minami Mike Adams Eric Zehnder Presley Companies PO Box 382 Zehnder Construction 19 Corporate Plaza Huntington Beach, CA 92648 6776 Findley Circle Newport Beach, CA 92660 Huntington Beach, CA 92648 Jonathan M. Jaffe Tom Redwitz Bill Holman Lennar Homes of California, Inc. Taylor Woodrow Homes,Ltd. PLC 24800 Chrisanta Dr. 9200 24461 Ridge Route Dr. 19 Corporate Plaza Mission Viejo, CA 92691-4819 Laguna Hills, CA 92653-1686 Newport Beach,CA 92660 Tom Mitchell Buck Bennett Jeff Bergsma William Lyon Homes Sea Country Homes Team Design 4490 Von Karman Avenue 3 Corporate Plaza Drive Suite 100 215 Main Street, Suite A Newport Beach, CA 92660-2000 Newport Beach, CA 92660 Huntington Beach, CA 92648 Hal Woods Arthur F. Kent Ronald Metzler The Woods Group Kent Architects Shea Homes 3500-B W. Lake Center Drive 325 A 2nd Street 655 Brea Canyon Road Santa Ana, CA 92704 Huntington Beach, CA 92648 Walnut, CA 91788-0487 G:\carvalho\dtdev\labelsj 5 A MAWAW ISt 7241 �L. A:Sor'-N- iTvNt WMN K*,i� Ck 61olow I O �¢g p091S ao1 aleldwal asn w,,sla84S Pal 410owS W1096S aasel slagej ssaippV ®AU3AW Q Mike Tekstra Zack Lindborg Tom Reilly 31 Echo Run 124 Promontory Drive East Reilly Homes Irvine, CA 92614 Newport Beach, CA 92660 23 Corporate Plaza Drive Suite 245 Newport Beach, CA 92660 Dave Oddo James D. Glenn Mark Jacobs 815 Main Street PO Box 2105 Heritage Communities Huntington Beach, CA 92648 Huntington Beach, CA 92647 5620 E. Santiago Canyon Road Orange, CA 92869 Thom Jacobs Dwayne Fuhrman Lenny Lindborg 201 Alabama Street Summerwood Homes 24 N. La Senda Huntington Beach, CA 92648 5200 Warner Avenue Laguna Beach, CA 92677 Huntington Beach, CA 92649 PDX- B#411mMo Rick Hauser Mike Taylor PlA' _I�C' TNR Development Corp. P.O. Box 618 d emm"r, �. *top 130 McCormick Avenue, Suite 104 Huntington Beach,CA 92648 1 Costa Mesa, CA 92626 (WO46-i CA RnhPrt Raardelc., TV Seet!'��L'S5" G:\carvalho\dtdev\labels IJK, VhA#W 1°�'�` 44 �a6 44 009i5 aol aleldwal ash W,,siaays p88A 410OWS W1096S Jasel vA4AILING LABELS—April 19,2002+v+ ysjagej ssaappd ®AU3AV • G:Labels\labels\Public Hearing President 1 Hunting�791 10 H.B.Chamber of Commerce P.O.Bo2100:\fain Street,Suite 200 Suns Huntington Beach,CA 92648 Betty Jo Woollett 2 William D.Holman 11 Sue Johnson 16 Orange County Assoc.of Realtors PLC 19671 Quiet Ba 25552 La Paz Road 19 Corporate Plaza Drive Hun ' each,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 President 3 Mr.Tom Zanic 12 Edna Littlebury 17 Amigos De Bo1s ca New Urban West GIdn St.Mob.Hm.Owners Leag. 16531 B ca Street,Suite 312 520 Broadway Ste.100 11021 Magnolia Blvd. vujpgton Beach,CA 92649 Santa Monica,CA 90401 Garden Grove,CA 92642 Sunset Bea�Communic. 4 Pres.,H.B.Hist.Society 13 Pacific Coast Archaeologic 18 Pat Thies, C/O Newland House Museum Society,Inc.PO Box19820 Beach Blvd. P.O.Box 10 each,CA 90742-0215 Huntington Beach,CA 92648 Cost sa,CA 92627 A :Jane Gothold President 5 Community Services Dept. 14 Tom Mattnews 19 Huntington Beach Tomorrow Chairperson O.C.Ping.&Dev ces Dept. PO Box 865 Historical Resources Bd. P.O.Box Huntington Beach,CA 92648 S ,CA 92702-4048 Julie Vandermost 6 Council on Aging 15 Vicky Wilson 19 BIA-OC 1706 Orange O.C.Public Fac'' ' c es.Dept. 9 Executive Circle#100 Hun ' each,CA 92648 P.O.Bo Irvine Ca 92714-6734 ,CA 92702-4848 Richard Spicer 7 Jeff Metzel 16 Stw V06T SCAG Seacliff HOA 818 th,l2th Floor 19391 S arbor Circle s Angeles,CA 90017 gton Beach,CA 92648 E.T.I.Corral 100 8 John Roe 16 Mary Bell Seacliff HO 10 l0 $Gi W44 &4M 20292 Eastwood Cit. 19 fdale Lane ! Huntington Beach,CA 92646 Huntington Beach,CA 92648 #VNML1KVjVervjA �S Frank Caponi 9 Lou Mannone 16 Planning Dir. 20 Environmental Board Chairman Seacliff HO City of Costafe 6662 Glen Drive 1982,jA1111an Bluff Circle P Huntington Beach,CA 92647 Huntington Beach CA 92648 C 1 fesa,CA 92628-1200 ®09LS poi aleldwal ash Wlslaa4s p0a3 y;oowS 096S aasel YUbLll.MAKIINU 1VU11t UN11UN l 11LC KL1J1""1isjagel SSaJppt/ eAU3Ad wl MAILING LABELS—April 19,2002 • G:Labels\Labels\Public Hearing Planni>Fount 21 Dr.Gary Rutherford,Superintendent 29 Country View Estates HO 37 City o ey HB City Elementary School Dist. Came Thomas 1020e. 20451 Craimer Lane 6642 Tro nve untain Valley,CA 92708 Huntington Beach,CA 92648 on Beach CA 92648 Planning Director 22 Jerry Buchanan 29 Country�Tiew Estates HO< 37 City of Wes er HB City Elementary School Dist. Gerald Chapman 820 ster Blvd. 20451 Craimer Lane 6742 Shire e estminster,CA 92683 Huntington Beach,CA 92648 H on Beach CA 92648 Planning Director 23 James Jones 30 :168�45 Hampton HO A 37 City of Sea Ocean View Elementary Keystone fangmt.Inc. 211 St School District Vo an Avenue,Suite 200 eal Beach,CA 90740 17200 Pinehurst Lane A 92606 Huntington Beach CA 92647 California Coastal Commission 24 Jon M.Archibald 31 Sally Graham 38 Theresa Henry Westminster School District Meadowlark South Coast Area Office 14121 Cedarwood Avenue 5161 g Circle 200 Oceangate,loth Floor Westminster CA 92683 tington Beach,CA 92649 Long Beach,CA 92802-4302 California Coastal Commission 24 Patricia Koch 32 Cheryle Brownin 38 South Coast Area Office HB Union High School Disrict Meadowlar ea 200 Oceangate,loth Floor 10251 Yorktown Avenue 1677 oost t Lane Long Beach,CA 92802-4302 Huntington Beach,CA 92646 untington Beach,CA 92649 Robert Joseph 25 CSA 33 Hearthside Homes 39 Caltrans D' 2 730 El Camino Way#200 6 Executive Circle,Suite 250 333 elson Drive,Suite 380 Tustin,CA 92680 Irvine,CA 92614 e,CA 92612-1699 Director 26 Goldenwest College 34 Bolsa Chica Land Trust 40 Local Solid Waste E Attn:Fred Owens Nancy Donovan O.C.Health gency 15744 Goldenwest St. 4831 Los Patos P.O,ji5 Huntington Beach CA 92647 Huntington Beach,CA 92649 to Ana,CA 92702 New Growth Coordin< 27 OC County Harbors, 35 Bolsa Chica Land Trust 40 Huntington Be ost Office and P�B48 Evan Henry,President 6771 W Ave. P.O. 1812 Port Tiffin Place gton Beach,CA 92647 Sa , 702 4048 Newport Beach,CA 92660 Marc Ecker 28 Huntington Beach M 36 John Scott 41 Fountain Valley Elementary School Dist. Attn:Pat Roge e SEHBNA 17210 Oak Street 7777E Ave.#300 22032 Capistrano Lane Fountain Valley CA 92708 gton Beach CA 92647 Huntington Beach,CA 92646-8309 Bolsa Chica Land T 40 5901 Warne nue,#103 H i n Beach C.A.92649-4659 0091S aoj ajeldwa}ash w,,s19a4S paaA 410OWS v�t lrl�.:ai i�i�c:nl;�xl.t�r ri W1096S easel MAILING LABELS—April 19,2002 slagel ssaappd GAU3AW G:Iabels\labels\Public Hearing 0 OC Sanitation Diss 41 Ed Blackford,President 41 John Ely 41 10844 Elli use AES Huntington Be ac 22102 Rockpo e Valley CA 92708 21730 Newl et Huntin each G� 92646 Hun ' each CA 92646 Richard Loy 41 HB Coastal Commut' ' . oc. 42 Downtown Business Association 43 9062 rive David Guido Mr.Steve Daniels H gton Beach CA 92646 143 ats Avenue 200 Main Str 6 Orange,CA 92865 Hun ' n Beach,CA 92648 Downtown Residents A ciation 44 Chairperson 45 Juaneao Band of Missio !� 46 E05 Marie St.G Gabrieleno/Ton a Council Aciachemen N Ala PO Box 31411 taaza Street Pt Beach,CA 92648 S a riel,CA 91778 uan Capistrano,CA 92675-2625 AYSO Region 117 47 AYSO Region 143 47 AYSO Region 55 47 John Almanza Commissioner Jorggi Delany David Smith 9468 Cormorant Cr 5052 Sisson Dr 16452 Woodstock Ln Fountain Valley,CA 92708 Huntington Beach,CA 92649 Huntington Beach,CA 92647 AYSO Region 56 47 Fountain Valley Youth Baseball* 47 HB Field Hockey* 47 Commissioner Cliff Anderson Bret Harden Manilal Padhiar 9832 Kings Canyon 10222 Niagra Dr. 17782 Metzler Dr. Huntington Beach,Ca 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92647 Huntington Beach Girls Softball* 47 H.B.Jr.rill-American Football** 47 HB Pop Warner Football**47 Paul Fuzzard Joe Lamkin Steven Sherman 17181 Greenleaf 16691 Tumstill Ln#3 P.O.Box 5066 Huntington Beach,CA 92649 Huntington Beach,CA 92647 Huntington Beach,CA 92615 Huntington Valley Little League 47 Huntington Beach Soccer League* 47 North Huntington Beach Soccer Club* Renee Aumiller Felipe Zapata President George Milton 47 209 Hartford P.O.Box 136 18601 Newland St.#94 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92646 North HB Soccer Club 47 Ocean View Little League 47 Robinwood Little League 47 D-Wana Hughes Rick Fraser Steve Scukanec 20471 Allport 22162 Laguna Cr 6692 Halifax Dr Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,CA 92647 South Coast Soccer Club** 47 South HB Jr.Miss Softball** 47 \Volfpack Soccer Club 47 President Bruce Bricks Marie Ensey President Cory Hardin 9961 Kings Canyon Rd. P.O.Box 7332 9863 James River Cr. Huntington Beach,CA 92646 Huntington Beach,CA 92646 Fountain Valley,CA 92708 Y\ICA*—J.Morgan/F.Tonarely-Stretch 47 Y;\1C A Soccer James Morgan 47 \YIestminster Village HOA 47 7777 Edinger Ave#210 7777 Edinger Ave#210 5200 Blackpool Road Huntington Beach,CA 92647 Huntington Beach,CA 92647 XVestminster, CA 92683 ®091S ao;alejdwal ash w,,s1984S paaA 410OWS Connie Brockway, City Clerk City of Huntington Beach yl `Office of the City Clerk � = P.O. BOX 190 h`E1`2,'02 2 L�. Huntington Beach, CA 92648 E H METER 4f,22",. v � U Bill Vogt Vogt Development INGM 19432 Pompano Lane#112 b.,,E d�, Huntington Beach, CA 92648 CQ s TY ;��'� � LEGAL NOTICE - PU L f} jj iiss jj y } jj ii iijj }} {{ jjjj jj ji � � r Ill1fl?11l ?11iIIIII�III�I111111I71111ifIIII1I1I11'.Il'!IIIIIIIi mi,. iockway, City Clerk ` City of Huntington Beach �� ° is s Office of the City Clerk21 P.O. Box 190 Huntington Beach, CA92648 �I �bv - -� --- -�-- / /U f/l Mark Jacobs Heritage Communities j 15620 E. Santiago Canyon Road INGTQ,�,d d a`�� Orange- CA 92R69 =r�pltro04 �. �T3 ._ FcO�NTV cam � � 1�. t: �� r, LEGAL NOTICE''VP UB UtypWAjN �-�a �1�1�"�1,i ll,��l�►i1,11��1��,111�i,�i1,�,1�1,�11��i�ll Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk F � P.O.Box 190 Huntington Beach, CA 92648 3 �L— C a H METER 4<' '2 t B 47 Com om 'ssioner oner C Cliff Anderson 9832 1 gs Canyon ��VpSINGTQ Hun 'igton Beach,Ca 92646 t, . Nry ca LEGAL NOTICE - PUBLI t• I fJ .� - 1 l ll 1! 1l ill 11ll1!!ll!!!1!1!11111!!!1l11 } N '� :"�:!•�e'.�.y 11t SSSS�S 1 SSS ! S! ! SS)S!! Connie Brockway, City Clerk City of Huntington Beach 0MAY2,11 Office of the City ClerkP.O. Box190Huntington Beach, CA 92648Ira :fTA Zack Lindborg P-3 124 Promontory Drive East Newport Beach, CA 92660 �ppTINGTp', G �� _ LINQ1.,Pct FORWARD TIME EXP RTN TO SEND 9 LINDEORG :ZACH 18051 JPPERLAKE CIR „• -^-' HUNTINGTON BEACH CA 92648-1129 �puNtr LEGAL NONE PUBLIC Vl�j Connie Brockway, City Clerk City of Huntington Beach �r o-��, Office of the City Clerk P.O. Box 190 �,` �`' Huntington Beach, CA 92648 �, $�� ''`'1 S'�)2 « C A ;4 M,ETEF3 Tom Redwitz Taylor Woodrow Homes, Ltd. 24461 Ridge Route Dr. INGTpy Laguna Hills, CA 92653-1686 co �- �- 9 � s =. RUM, x..,� 6'�e• t�x,�.�.� `�O �,. 7EET7UR7 cpplYTY Cp` rU SEFaOER� C.' ,. LEGAL'NOTICE' PUBLIG�y ' ING $!tl�rlrrrrlrlrl�rrrlrillrilrIII rrir fill,lrr it,fill[Jlrrrrrlrll Connie Brockway, City Clerk v, ,703-1'tP City of Huntington Beach ,, �. r."TALL Office of the City Clerk P.O. Box 190 ;�' Ti, �' Huntington Beach, CA 92648 - a :, Ham.r�1 'i YTNICA*—J.Morgan/F.Tonarely-Stretch 47 7777 Edinger Ave#210 Huntington Beach,CA 92647 INGTpp,� 0b—o-3 �Z LTURN w it is � y o S LINDCrR 4..'nrs I j HEARINr LEGAL � PU G LI. SSW 49%sO � 11,1„„!,!,!l,,,lrrl�,il,ll,,,,,,!!!,!„1!„i!1l1,!l1,,,►!,!! ........... Connie Brockway, City Clerk City of Huntington Beach ;, \ ��°N Y.1 �r,>�r,;t Office of the City Clerk � 1 a P.O. Box 190 D MA'r'23�? Huntington Beach, CA 92648 r� �14 H METE R`^2W!;, IL WX SA 1MCA Soccer-James Morgan 47 7777 Edinger Ave#210 i iNG �� Huntington Beach,CA 92647 rpy� � w £ppMTY C LEGAL NOTICE P BLIC JOARING I�,.i:� F? �� ll,I,,,,l,l,!{„1!„l1,11,Ill tot 1 1111111,lI!!