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HomeMy WebLinkAboutCode Amendment 72-26 - Ordinance 1797 - Ordinance 1798 - Art Page #7 - .Council Minutes - 1/2/73 Mayor Coen ordered Ordinance No. 1802 withdrawn from the Agenda. On motion by Bartlett, Council directed the Assistant City Clerk to read Ordinance No. 1798, 1803, 1804 and 1806 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: ' Councilmen: None ORD NO 1798 - ADOPTED - PARK AND RECREATION- LAND IN RESIDENTIAL DEVELOPMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-. v NANCE CODE BY AMENDING ARTICLE 974 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN RESIDENTIAL_ _ DEVELOPMENTS." ORD. NO. 1803 - ADOPTED - PLANNED RESIDENTIAL DEVELOPMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING ARTICLE 931, AND ADDING THERETO NEW ARTICLE 931, .ENTITLED, "PLANNED RESIDENTIAL DEVELOPMENTS." ORD NO. 1804 - ADOPTED - ESTABLISHES PRIMA FACIE SPEED LIMIT - CERTAIN STREETS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.2 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON .CERTAIN CITY STREETS." ORD, NO 1806 - ADOPTED - TOWING A PERSON FROM VESSEL - HUNTINGTON HARBOUR "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 7610 PERTAINING TO TOWING A PERSON FRCK A VESSEL IN HUNTINGTON HARBOUR." ORDINANCES FOR INTRODUCTION CARD. NO. 1807 - FIRST READING - CONTROL OF DOGS & OTHER ANIMALS - PUBLIC HEARING SET The Assistant City Clerk presented Ordinance No. 1807, pertaining to the control of dogs and other animals in the City, for a first reading by title. The City Attorney informed Council that they had been provided with copies of cor- rected Pages 2 and 4. A motion was made by Councilman Matney that a public hearing be set on Ordinance No. 1807, however, following discussion he withdrew the motion. Discussion on the proposed ordinance was held by Council and Councilman Green questioned whether there was a provision in the proposed ordinance which would pro- vide for a smaller impound fee for a licensed animal than an unlicensed one, to en- courage people to license their pets and also questioned the discrepancy in the boarding fees charged to cats and dogs. Mr. Dennis Smith, representing California Animal Control, Inc. , addressed Council in response to Councilman Green's questions. 603 MEMO: TO: Planning Commission FROM: Planning Department DATE: November 7 , 1972 RE: Code Amendment No. 72-26 Park and Recreational Facilities (Articles 974 and 998) Code Amendment No; 72-26 was originally reviewed by the Planning Commission at the October 17 , 1972 meeting at which time the staff was instructed to set this amendment for public hearing. The public hearing has been set for November 14, 1972. It was a consensus of the Commission at the October 17th . meeting that provisions to allow "Land Banking" where the required dedication of park land was within a major land development project should be retained. Sections 9980.1 . 1 and 9980. 1 . 2 have been added to allow this "Land Banking" . The Commission also discussed credit for special facilities and requested that the Park Committee make a recommendation on such provision. The committee 's recommendation to allow credit for a special facility subject to criteria established and adopted by resolution has been added in Sections 9981. 7.2 and 9981.7.3. Other than the additions for land banking and credit for a special facility, the proposed code amendment is as reviewed by the Commission at the October 17th meeting. The staff will be prepared to discuss this proposal at the November 7th meeting, 3 ro ADMINISTRATIVE COMMUNICATION ] . ..- HUNi1NGTON BEACH ', R 'To: . From Brander Da Castle, ; Assistant Planning Director Assistant Administrator } } PARK FEES Date November 14, 1972 Subject :} , 44 In' reply to your memorandum of November 13th regarding piC fees , the City Administrator is in agreement with the '•staff and Council and Park and Recreation Committee -that studied the park fee problem. It Is the feel'.tng of Admihistration that in vier 'of the F: monios : spent by .Huntington -Seacliff and the Huntington Harbour Corporation on the golf course .and navigable channels , respectively, that it would certainly be proper. to co ntinue '.to�grant 50% park fee credits on homes that . •'' front on ' these recreational facilities ; however, it Must K be emphatically. 'understood that these 50 credits .would apply only to ' these .homeso Ali "other dwellings ,,,regardlest of, zones `would be charged regular park .fees as requi.red`by, .ordinance (:3�1171 r Brander D . Castle` BDC,oh ti RECEIVED INTER-DEPARTMENT COMMUNICATION p� o q. H1INTIM'WON BE A(H NOT 0U° t�f 8 PLANNING DEPT. . To Planning Commission and From Recreation & Parks Commission Mr. Richard Harlow, Secy. and Mr. Norm Worthy, Secy. Subject Proposed amendments to Date October 17 , 1972 Ordinances. 974 & 998 The Recreation & Parks Commission approved the revised Ordinances 974 and 998 as presented , primarily because Attorney Dan Whiteside recommended following as closely as possible the League of Cities "Model ordinance" from which the revised ordi- nances were prepared. This was approved unanimously. In regard to "credit" for special facilities such as a public .. , golf course or public waterways , the revised ordinances do not allow that any credit may be given. The Commission felt that , financially, these developments stood on their own and didn't need a reduction in fees in order to encourage them to build such-, facilities. They also questioned the availability of use of these special facilities for the majority of the public since most -do not own boats or play golf. The City Subdivision Fee Committee has reviewed the special facilities "credit" provision in the existing ordinances 974 and 998 and have recommended to the City Administrator that homes or units fronting public golf courses or public waterways be given a- 50 reduction In park subdivision fees as these residents fain additional recreational vista of open green or water space and the adjacent recreational use of :>ame. The need for the additional land (from 2 112 acres to 5 acres per 1000 new residents) is endorsed by Staff, Commission, Adminis- tration, and the California League of Cities . RECOMMENDATION: I feel. the revised ordinances should be approved in concept (5 acres .per 1000 new residents ) and referred back to the City Administrator for his decision on "credit" for special facilities , and to the City Attorney for proper legal wording. I also would recommend the Master Plan of Parks, Open Space, Schools , and Recreation be reviewed and amended to reflect the goals .and objectives of the City Administrator' s 6 year and long range capital improvement programs . MEMORNADUM TO: Planning Commission FROM: Planning Department DATE: November 14 , 1972 RE: CREDIT FOR SPECIAL FACILITIES The Planning Commission at the November 7 , 1972 meeting requested that the. staff investigate credit for special facilities and submit calcuations on the percent of such credit for review at the November 14 , 1972 meeting. The following calculations set forth the percentages of park credit that may be allowed pursuant to the provisions of Article 998 : 1) Huntington Beach Company credit for the Seacliff Golf Course : Fifty (50%) percent credit for all dwelling units abutting the course . Homes and UNits that Abut the Golf Course Number 3 Tota 4 Type of Unit of Units Density Population Fee/ Unit Total Fees Single Family 89 4 .04 359 .56 $ 318 .77 $ 28 , 370 .53 Multiple Family 350 Total 2 ---- ------ ------ --------- 2 Bedroom 175 2 . 73 477 . 75 215 . 41 37 ,696 .75 2- Bedroom + Den 83 2 .96 245 .68 233 . 55 19 ,384 .65 3 Bedroom 82 3 .19 261 .58 251 . 70 20 , 639 .40 TOTALS 1 ,344 .57 $106 ,091 .33 Fifty Percent (50%) Credit = 53 ,046 .66 The percentage credit for total Seacliff Master Plan: At 2-1/2 acres per 1 ,000 people and using an ultimate population of 20 ,000 and $31 ,562 per acre current park land average value, the Huntington Beach Company would be required to dedicate approximately 50 acres or the value thereof which would amount to $1 ,578 ,100 . Percentage Credit = 53 ,046 (50%) - 3 . 3% Credit 1 ,578 ,100 Total Dedication 2) Huntington Harbour Corporation credit for public waterways : Fifty percent (50%) credit for all dwelling units abutting public waterways : Homes and Units that Abut Public Waterways Number Total Type of Unit of Units Density 3 Population Fee/Unit 4 Total Fees Single Family 825 4 .04 828 .2 $318 .77 $ 26 ,133 .33 Planned D r op- 1426 4 .04 1,434 .2 318 . 77 45 ,259 .90 TOTALS 2 ,262 .4 $ 71,393 .23 Fifty Percent (50%) Credit - $ 35 ,696 .61 The percentage credit for total Huntington Harbour Tentative Tract No. 7850 and No. 8040 used for these calcuations . s i At 2-1/2 acres per 1,000 people and an ultimate population of 3 ,585 .5 and $31,562 per acre current park land average value, Huntington Harbour would be required to dedicate 3 .585 acres or the value thereof, which would amount to $103 ,149 .76 s Percentage Credit = $35 ,696 (50�) Credit = 34 .6% Credit $103 ,149 Total Dedication NOTES: lInformation obtained from the Seacliff Master Plan dated 12/1/65 } 2For the purposes of a reasonable calculation, the 350 multiple units were classified as follows : e s 350 multiple units = 175 two-bedroom units rt 83 two-bedroom plus den units 82 three-bedroom units 3Established by Resolution. No. 3214 4Calculated from criteria establsihed under Resolution No. 3211 , Resolution No. 3214 , and Article 998 of the Huntington Beach Ordinance Code. 5Information obtained from Tentative Tract No. 8040 , a 125 lot R1 Subdivision. 6Information obtained from Tentative. Tract No. 7850 , a 230 unit Planned Residential Development. City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their �r-egu*&t'/adjourned meeting held o Q� , recommended v o f � � � o 72 0 � If approval has been recommended, the City Council will be required to hold a public hearing on this matter. Although there is a 10 day appeal period, we suggest that the matter be set for the earliest possible City Council meeting, because the purpose of any appeal is to have a hearing before the City Council and this is already being accomplished. We further suggest that you not accept any appeal, as it will serve no purpose. If approval has been recommended other than as requested, the City Council will be required to hold a public hearing on this matter. However, there is a possibility that the Planning Commission's decision will be appealed; therefore, we suggest that publication be held off until the 10 day appeal period has expired. If denial has been recommended, the City Council may summarily deny the request. However, we suggest that the matter not be scheduled on the City Council agenda until the 10 day appeal period has expired. A copy of the Planning Department legal notice, airci=a--1 i �=o€�owne-r-s=of pmper-t-y—w-i=tfi�n==3e0 t et�f=the=subj�ec�t--ar-e-a�wi11 be submitted upon your request. The applicant in this matter is(Address) (Telephone) Kenneth R. Reynolds, Planning Director ay Di "AA, 0 Page #6- - Council Minutes - 12/18/72 W. NO. 3619 - ADOPTED - AHFP PROGRAM - DEVELOPMENT OF MANSION AVENUE "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTIM THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCCING PROGRAM THE DEVELOPMENT OF MANSION AVENUE." RES. NO. 3620 - ADOPTED - AHFP PROGRAM - DEVELOPMENT OF ELLIS AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF ELLIS AVENUE." RES. NO. 3621 - ADOPTED - AHFP PROGRAM - DEVELOPMENT OF SLATER AVENUE "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITH THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SLATER AVENUE." RES. NO. 3622 - ADOPTED - EDICT FOUNDATION PARTICIPATION IN H.B. ECOLOGICAL PROGRAM "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH IN SUPPORT OF THE EDICT FOUNDATION PAR- TICIPATION IN THE PROPOSED HUNTINGTON BEACH ECOLOGICAL PROGRAM." ' RES. NO. 3623 - ADOPTED - CERTAM PARCELS OF LAND DECLARED PUBLIC, STREET RIGHT OF WAY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA DECLARING - CERTAIN PARCELS OF LAND TO BE PUBLIC STREET RIGHT OF WAY IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA." ORDINANCES FOR ADOPTION ORD. NO. 1797 - ADOPTED - REGULATIONS - PARK be RECREATIONAL LAND IN SUBDIVISIONS The Clerk gave Ordinance No. 1797 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES OR BOTH, FOR PARR AND RECREATIONAL LAND IN SUBDIVISIONS." Mr. Gilbert Ferguson, Executive Director of CEEED, Orange County Council, Environment Employment, Economy Development, Newport Beach, California, addressed Council- to explain his organizations interest in Ordinance No. 1797, and requested that, further study.be conducted before it is adopted by Council. He spoke at length regarding the drawbacks - to the proposed increase in land dedication for parks. Mr. Peter J. Reynolds, Secretary-Treasurer of the Central Labor Council of Orange County, representing the AFL-CIO Union, addressed Council and requested that they delay a decision in this matter until different public groups have had an opportunity to form a committee and express their opinion. Mrs. Prim Shea, 17541 Via Espana Lane, City, member of the Huntington Beach Goals and Objectives Committee, addressed Council regarding the section of the report prepared by the committee pertaining to park requirements. Mr. Robert Whyte, 14381 Webber Place, Westminster, addressed Council briefly on the matter. Page #7 - Council Minutes - 12/18/72 On motion by Green, Council, waived further reading of Ordinance No. 1797, and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1796 - CONTINUED - ZONE CASE NO. 72-36 The Clerk presented Ordinance No. 1796 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH. ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED EAST OF GOLDENWEST STREET, NORTH OF GARFIELD AVENUE (ZONE CASE No. 72-36).". Mayor Coen stated that he had been advised by staff that this matter should be con- tinued to the meeting of January 15, .1973, in order to obtain an Environm8ntal Impact Report. On motion by Matney, Council directed that consideration of Ordinance No. 1796 be continued to the meeting of January 15, 1973 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1799 - ADOPTED - SERVICE STATION SUFFIX The Clerk gave Ordinance No, 1799 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION G OF SECTION 9430.7, SECTIONS 9432.5, 9432.6.1, 9432.6.2, 9454.1, AND ARTICLE 948; AND ADDING THRRETO NEW ARTICLE 948; AND ADDING THERETO NEW ARTICLE 948 ENTITLED, 'SERVICE STATION SUFFIX' AND SECTION 9700.9(1), DEFINING IDLE STATION," On motion by Green, Council waived further reading and adopted Ordinance No. 1799 by the fallowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES FOR INTRODUCTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1798, 1802, 1803, 1804 and 1806 by title and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None �4 ORD. NO, 1798 - FIRST READING - PARK AND RECREATIONAL LAND IN RESIDENTIAL DEVELOPMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN RESIDENTIAL DEVEL.OPMBNTS." a�a7� Page #3 - Council Minutes - 12/4/72 PUBLIC HEARING - ZONE CASE NO 72-36 - APPROVED - ORD. NO. 1796 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-36 for a change of zone from RA-0 Residential Agricultural Dis- trict combined with oil production, to MI-0 Light Industrial District combined with oil production on property located east of Goldenwest Street, 155 feet n®rth of Garfield Avenue and legally described as Lot No. 13 and No. 14, Block F, Gar- field Street additions. The Assistant City Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that she had received no communi- cations or written protests to Zone Case No 72-36 or to the recommendation of approval for MI-A by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of a change of zone to MI-A and presented slides of the area for Council's consideration. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-36 for a change of zone to MI-A by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Clerk informed Council of the correction of a typographical error in Ordinance No. 1796. On motion by Green, Council directed that Ordinance No. 1796 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION_9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED EAST OF GOLDENWEST STREET, NORTH OF =FIELD AVENUE (ZONE CASE NO. 72-36)," be read by title, as corrected, and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - CODE AMENDMENT NO. 72-26_ - APPROVED - ORD. NO. 1797 - FIRST READING ORD. NO. 1798 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-26 - initiated by the Planning Commission, to amend Article 974 and 998 pertaining to requirements for park and recreational facilities. Amendments in- clude: (1) dedication will be increased from 2j acres to 5 acres for each 1000 per- sons; (2) population density will be determined by an annual review of the Planning Department. The Assistant City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received a communication from Huntington Harbour Property Owners Association, Inc. regarding Code Amendment No. 72-26. Page #4 - Council Minutes - 12/4172 The Planning Director presented a resume' of the Planning Commission's reasons for y _ recommending approval of Code Amendment No. 72-26. , Discussion was held between the Council and staff regarding the method which was-.used to determine requirements for park dedications or fees in lieu thereof. Mayor Coen declared the hearing open. Mr. Dave Fredenburg, representing Huntington Seacliff Homeowner's Association, addressed Council and gave reasons .why their organization believed that credit for special facilities should be given to developers. He stated that the association did favor the proposal for park dedication increase from 2# acres to 5 acres per each 1000 persons. Mr. Tom Cooper, Chairman of the Recreation and Parks Commission and Ad Hoc City Sub- division Fee Committee, addressed Council concerning the recommendations which were made to the Recreation and Parks Commission from the Ad Hoc Committee. The City Attorney explained the terms of the. Code Amendment relating to special facil- ities and discussion was held by Council. There being no one further present to speak on the matter, and there being no further protests filed either oral or written, the hearing was closed by the.Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission, and approved Code Amendment No. 72-26 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council directed that Ordinance No. 1797, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS" be read by title, and waived further read- ing by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT:Councilmen: None On motion by Gibbs, Council directed that Ordinance No.- 1798_, "AN ORDINANCE OF THE 'CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES., OR BOTH, FOR PARK AND RECREATIONAL LAND IN RESIDENTIAL DEVELOPMENTS" be read by title, and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - CODE AMENDMENT NO. 72-28 - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-28 - initiated by the Planning Commission, to amend Article 931, Plan- ned Residential Development, by adding to and revising provisions that regulate location, height, bulk, number of stories and structure size; the size and use of yards, courts and other open spaces; percentage of area which may be occupied by structures and dwel- ling unit density. �i�i .. .Affidavit of P1®cat®®n State.of 'California County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- j lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination Apt,. of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication :. of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any ,particular class, profession, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. — -- � NOTICE OF'PUBLIC HEARING 26 That the CODE AMENDIaNT NO. 72--26 CODE AMENDMENT NOTICE IS HEREBYGIVEN that that a'i public hearing will be held by the City (Council of the City,of Huntington Beach, iri Ute>:Seunc+4 Cheber:,a6 ;tfie Cip�c of which the-annexed is a printed copy, was published in said news- Center, Huniirigton Beach,`at the .hour of'7:)0 P:M.,,or as.soon`thereafter .as possible, an- Monday .the; 4th. day of One S B Lle December, 1. 2,'for-the.purpose of,`con- paper at least sidenrig,,"a code`amendnment initidte3;;by the City,Planning Commission, to ai-end Article 974 and 998 pertaining to require- commencing from the 2 rd_ day of November ments for park and recreational facilities. Amendments include: 1) dedication will be increased from 21/2 acres to 5,acres 19-7-2—, and ending on the 2 rd day of November for each 1000 persons; 2) population,den- sity will be determined by an annual review of the Planning Department; 19 7 , both days inclusive, and as often during said period and All interested persons are invited tai attend said .hearing and express their times of publication as said paper was regularly issued, and in the opinions far or against said Code Amend- regular and entire issue of said pewspaper proper, and not in a ment. supplement, and said notice was published therein on the following Further information may be obtained '_from the office of the City Clerk, dates, to-wit: DATED: 11/16/72 CITY OF HUNTINGTON BEACH( Nov. 23 , 1972 By: PAUL C. JONES, City Clerk -_-_-C� Publisher Subscribed and sworn to before me this 24tYl day of November ,,�19_72_. Notary Public Orange County, California e.,.�� ® � THOMAS D. WYLLIE 3 Notary Public-California "o Orange County My Commission Expires `4 Np. September 12, 1974 y of Huntington Beash County of ®range State of California Jffidavit of Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk q0 o 1e � Hunfingt©n Basch Harming COMWssi®n P.O. BOX 190 CALIFORNIA 92646 TO: Honorable Mayor and City Council x� FROM: Planning Commission �. DATE: November 22 , 1972 SUBJECT: CODE AMENDMENT NO. 72-26 Transmitted herewith is a copy of Code Amendment No. 72-26 . Said amendment proposes to amend Article 974 and 998 per- taining to requirements for park and recreational facilities . Amendments include: 1) dedication will be increased from 2-1/2 acres to 5 acres for each 1000 persons; 2) population density will be determined by an annual review of the Planning Department; 3) a procedure to allow the City Council to adopt criteria which sets forth standards on size, shape, location and type of special facility, before any credit may be given. The State Planning Act requires that a public hearing be held after which the Code Amendment may be adopted by ordinance. The Planning Commission approved Code Amendment No. 72-26 at the November 14 , 1972 meeting by the following vote: AYES: Bazil, Porter, Higgins , Boyle NOES: Wallin ABSENT: Slates , Kerins Majority Report: As approved by the Planning Commission, Code Amendment No. 72-26 provides that credit for special facilities may be given but is not mandatory. ,This code amendment will - Allow maximum flexibility with the City Council adopting standards setting forth the conditions by which credit may be given. Minority Report: Commissioner Wallin Commissioner Wallin supported the recommendation of the Recreation and Parks Commission that Section 9981. 7 . 2 allowing up to fifty percent credit for special facilities be deleted from the proposed amendment. It was Commissioner Wallin's opinion that the public does not benefit from such special facilities; only those residents whose property abuts such facilities benefit. Honorable Mayor and City Council November 22 , 1972 Page 2 Additional Information: Mr. Jim Shepard, Recreation and Parks Commissioner, addressed the Planning- Commission and stated that the Recreation and Parks Commission's goal is to procure more property for park and recreation facilities and recommends that no credit be given for special recreational areas such as golf courses and waterways . It is the Recreation and Parks Commission's position that such special recreational facilities benefit only those residents abutting such special facilities and the developer, in that the developer charges a higher price for these abutting lots. The Recreation and Parks Commission doesn't feel that such special facilities are available for use by the general public and the general public receives no benefit therefrom. Supporting Information Submitted Herewith: 1. Staff Report 2 . Copy of Code Amendment No. 72-26 3 . Copy of City Administrator 's memo dated 11/14/72 4 . Copy of Recreation and Parks Commission' s memo dated 10/17/72 5 . Copy of Planning Department' s memo regarding "Credit for Special Facilities" dated 11/14/72 6 . Copy of Park Acreage Data Information to be Submitted at the Public Hearing: 1. Staff Comments Respe fu ly submi to , 1(ichard A. Harlow Assistant Planning Director RE : PARK FEE ORDINANCE AMENDMENT - CODE AMENLMENT NO. PARK ACREAGE DATA 1 . Recreation and Parrs Commission overall goal for parks h.9 be.. . 1700 acmes of t®gal park lands (or 5 .4 ac/1000 persons using an ultimate population of 315 ,000 people) . 2 . Inventory of park acreages as proposed by present park program (includes 1969 Bond Expenditures and the balance of Central Park Phase 111 ) Park Acreage Present 431 . 7 or 3.08 ac/1000 persons using pop. of 140 ,000 Proposed 294.5 Total 725. 2 or 3.02 ac/1000 persons using ultimate pop. of 240910OU 3. The additional requirement of 2. 5 ac/1000 people of park lands would increase the total park acreage by 225 acres . Park acreage would total 950.2 acrr¢a oz 3.95 ac/1000 using ultimate pop. of 240,000. 4 . Total Open Space 1nvantorg (not incl .225 ac. referred to in item 3) . zniotigy% Proposed Total Parks 432 295 727 ) 1127 Beaches 315 85 400 ) Schools* 500 125 625 Wild life refuge --- 530 530 Golf courses 236 --- 236 Edison right of way r 125 --- 125 Flood Control channels 167 --- 187 Hunt.HoTbour Waterways 256 7 255' 2053 1035 3065 ac. or 12. 87 ac/1000 peop (ultimte pop. of 2409000) *Approximately 50% of school sites is assumed to be usable open space. Publish November 22, 1972 Postcards 0 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 72-26 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:00 P.M. , or as soon thereafter as possible, on Monday the 4th day of December , 19 72 , for the purpose of considering a code amendment initiated by the City Planning Commission, to amend Article 974 and 998 pertaining to requirements for park and recreational facilities. Amendments include: 1) dedication will be increased from 2� acres to 5 acres for each 1000 persons; 2) population density will be determined by an annual review of the Planning Department; All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment Further information may be obtained from the Office of the City Clerk. DATED: 11/16/72 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City clerk Number of Excerpts NOW Publish Once `r s LEGAL NOTICE .3 NOTICE OF PUBLIC HEARING CODE AMMDMM KO 72o26 3 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Reach for, the purpose of considering a seoAas�d C,od� Amendment 4 Said mandment .proposes to ascend Article 974 and 998 pertaining to t e4mir ements for park and rs@rreational facilitimD. AmGndmntg include-, 1) dedication will bG i=r@a@od from 2� acr @z to S arTG2 :$ for each 1000 paysonsg 2) population density will ba dat rminad by an annual review of tha _?lamina Daparrt ng g a j Said hearing will be held at the hour of 7*00 P.M. on N{ne,r )hs��l,fn_ 51�51 , in the Council Chamber of the Civic Center, ...Lntington Reach, California, on 5th Street between Main Street end Orange Avenue All interested persons ar(, invited to attend said hearing and express their opinions for or against the proposed Further information may be obtained from the City Planning Department, DATED tlii., day of _Novemberr, 1972 CITY PLANNING COMMISSION By KoA. Reynolds Secretary TO : Honorable Mayor and City Council Members FROM: Environmental Council DATE : November 29 , 1972 TOPIC : Proposed Amendments to Ordinances 974 and 998 The quorum of the Environmental Council that was present at the November 28 meeting discussed the proposed amendments to the ordinance regarding dedication of land or payment of fees for _ park and recreation purposes in residential developments , and recommends they be approved. The increase of local open space to 5 acres or more is recommended by the League of California Cities , and was strongly urged by the Goals and Objectives Committee on Parks and Open Space . In- creasing the dedication of open space and/or fees available for development of open space will greatly enhance the specific development, and thence the environment in Huntington Beach. If the City Council determines that partial credit should be given for the open space provided by special facilities such as �- golf courses and navigable waterways , the Environmental Council agrees with the Staff that this credit be given only for those homes abutting these special facilities . C� Huntington Harbour Property Owners Associatilon, Inc. P. O. BOX 791 SUNSET BEACH, CALIFORNIA November 29 , 1972 JIM BENTSON,592-5242 President c.� JACK HORNE,846-4741 Vice President * JACK GOBBELL,846-4110 Honorable Mayor and City Council Vice President Y Y City of Huntington Beach . ' JOHN MURPHY,592-2621 g Secretary P. 0. BOX 190 FLINT MORRISON,846-4838 Huntington Beach, California Treasurer BOARD OF DIRECTORS Subject: Sub-Division Parks and Recreation Dedication Fee Ordinance JIM BENTSON,592-5242 Architectural Review JIM DEUPREE,846-9451 Dear Mr. Mayor and Council Members : Zoning&Variance,Ch. JOHN DOUGLASS,846-5251 It has come to our attention that a proposal is under Aircraft Overflights consideration b Honorable Body DON EGGELSTON,846-1251 Y your y t0 permit or allow Programs sub-division developers a 50 o credit against parks and JACK GOBBELL,846-4110 recreation dedication fee requirements for any water- Newsletter Editor ways or golf course fairways constructed or installed JOHN HELFER,592-5755 adjacent to new residential dwellings within the City. Safety Zoning and Variance92 2625 The Board of Directors of the Huntington Harbour Property ALLEN HUGHES,846-1777 Owners Association, by a unanimous resolution adopted at EConcerns nvironmental 592-24 their regular November 27 , 1972 meeting, unanimously HomeCounco'592-2,46 opposed the granting of any such credit or reduction from RALPH MOSS,846-9531 the parks and recreation dedication fee requirements now Home Council imposed by City ordinance. JOHN MURPHY,592-2621 Home Council,Ch. DICK OPDAHL,846-1536 It was a sense and feeling of our Board that developers Parks&Recreation of waterfront lots and lots facing golf courses can FRED THOMPSON,968-2260 command a premium price for sites developed in such areas Publicity p JOHN SILVER,846-1492 and with adjoining waterways or golf courses , and to ALLEON,592-5662 allow them a reduction in parks and recreation dedication BILL G HERB ARLSON,846-5242 fees would be giving them a double economic advantage which seems to be inconsistent .with the spirit and objective of the ordinance. We do thank you in advance for the careful consideration we know you will give our resolution, and we do appreciate the fair and conscientious manner in which you have always considered requests and statements such as this from us . Very truly yours , -JIM�ENTSON, �� President Huntington Harbour Property AssociatioJITY OF HDNTINGKI11, I' JB/cs ADMINISTRATIVC E,` lu I 11 December 1972 TO : City Council FROM: City Attorney SUBJECT : Code Amendment No . 72-26 Amending Articles 998 and 974 Code Amendment 72-26 was presented to the Council for first reading on December 4 , 1972 at which time it was found that in sections providing for fee in lieu of land dedication, the word "neighborhood19 should precede the word "park . (° These changes have been made in both ordinances , and, therefore , pur- suant to Section 511 of the city Charter, Code Amend- ment No. 72-26 is again presented for first reading. Respectfully submitted, DON P . BONFA City Attorney DPB:bc Attachment ��¢ 7,,7-