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.
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.
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.
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.
A. 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.
1. 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.
2. 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:
a. A variety of recreational potential for all age groups;
b. Recreational opportunities provided and maintained in a manner that
will permit the maximum use and enjoyment by residents of the City
of Huntington Beach;
c. Possibility for expansion or connection with school grounds;
d. Integration with hiking, riding and bicycle trails, natural stream
reserves and other open space;
e. Coordination with all other park systems;
f. 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)
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1000
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1. Definitions
of terms:
a. A = the area in acres required to be dedicated as a park site.
b. DF = density factor as determined pursuant to Section
254.08(E).
c. 5.0 = number of acres per 1,000 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.
1. 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.
2. 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, sidewalks, 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. Fees in Lieu of Land Dedication.
1. General. 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 according to
a schedule adopted by City Council resolution.
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 according to
a schedule adopted by City Council resolution. 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 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).
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:
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 shall be a credit toward
the payment of in-lieu fees at the parkland acquisition and development
cost per acre used to develop the in-lieu fee.
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 shall be a credit toward the payment of in-lieu fees at the parkland
acquisition and development cost per acre used to develop the in-lieu
fee.
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 parkland dedication, such fee shall
be according to a schedule adopted by City Council resolution.
1. Land Acquisition Cost Adjustment Challenge. If the subdivider
objects to the parkland acquisition cost per acre used to develop
the in-lieu fee pursuant to a schedule adopted by City Council resolution,
the subdivider may, as outlined below, pay for an appraisal of the
property to be developed to see if the fair market value of the land
is less than the parkland acquisition cost per acre. Conversely the
City retains the ability to increase the in-lieu fee in areas where
the fair market value of land exceeds the parkland acquisition cost
per acre.
2. Fair market value of the land shall be determined by a qualified real estate appraiser who currently holds the MAI designation from the Appraisal Institute and has been selected and retained by the City at the expense of the subdivider ("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
254.08(L).
[Ordinance. No. 3827 (expired 4/15/10) and Ordinance No. 3879,
effective from 5/3/10 to 5/3/11, temporarily deferred the payment
of certain Development Impact Fees.]
3. If
the subdivider objects to the fair market value as determined by the
qualified real estate appraiser, the subdivider may request an appeal
by a hearing officer within 10 days. The hearing officer provided
for this appeal process shall be from a list provided by the Director
or one selected by the mutual consent of the parties. The subdivider
shall have the burden of proof in contesting the fair market value
appraisal. All decisions rendered by the hearing officer shall be
final for all purposes, and binding upon the parties. If the subdivider
does not request an appeal within 10 days, the original decision shall
stand, be final for all purposes, and binding upon the parties. If
the deadline falls on a weekend or a holiday, the deadline extends
to the next succeeding working day.
[Ordinance. No. 3827 (expired 4/15/10) and Ordinance No. 3879,
effective from 5/3/10 to 5/3/11, temporarily deferred the payment
of certain Development Impact Fees.]
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;
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.
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K. Credit for Improvements and Private Open Space.
1. 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.
2. Common
interest developments as defined in Section 1351 of the California
Civil Code shall receive partial credit, not to exceed 50%, 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:
a. That yards, court areas, setbacks and other open areas required by
Titles 20 through 24 (Zoning) shall not be included in the computation
of the private open space;
b. That the private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyance, or restrictions;
c. 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;
d. 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
e. That facilities proposed for the open space are in substantial accord
with the provisions of the General Plan.
L. Procedure.
1. As
determined by the City pursuant to this section, the subdivider shall:
a. Dedicate the land at the time of the recording of the final map or
parcel map; and/or
b. Pay the fees prior to final building permit approval.
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. 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.
1. The
following development shall be exempt from the payment of fees pursuant
to this section:
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 restriction, 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 30 years or the actual life or existence of the structure,
including any addition, renovation or remodeling thereto.
2. Exemptions
shall only be granted when the following findings can be made:
a. The project meets the minimum on-site private and common open space
requirements; or
b. The exemption will not individually or cumulatively result in adverse
impacts to public recreational opportunities in the coastal zone;
and
c. The exemption will not individually or cumulatively lead to overcrowding
or overuse of public facilities by the public in any single area in
the coastal zone.
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
2. That
the local park requirement for the dwelling units in question had
been met by actual Council acceptance of parkland, or by an irrevocable
recorded offer to dedicate a parkland 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.
(3468-8/00, 3562-7/02, Res. 2004-80-9/04, 3827-4/09,
3879-6/10, 3960-11/12)
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 (1) 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 (2) if the City
finds that transit services are or will be, within a reasonable time
period, made available to the subdivision.
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.
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.
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.