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Approved 4/22/2014 OC Board of Adjustment – 11/11/2013 Page 33 of 123 site suitability requirements which say that land provided or dedicated for active recreational purposes, active 1 recreational purposes shall be of a character slope and location suitable for use as play areas, tennis courts, 2 multi-purpose courts, picnic areas, ball fields and other similar recreation uses. The type of recreation area shall 3 be located on land that is relatively flat, 07 and one half percent slope free of wetlands, free of flood plains, 4 easements for public utility, transmission lines and otherwise capable of accommodating active recreation uses. 5 One thing I would like to point out to you and this will persist on some of the further slides; active recreation has a 6 specific connotation. The County has tried to say that the walking paths can count as active recreation. That is 7 not the intent of ordinance and that is not what it says. Active recreation is intended for your sports type of 8 activities, tennis courts, play areas, multi-play areas, picnic areas and so forth. Passive recreation certainly, 9 walking, jogging, reading, similar quiet activities. The paths can certainly be construed as passive recreation, no 10 problem. There is an additional requirement in the same section of code regarding location. I will not read the 11 whole ordinance to you but it basically says that you need to properly locate your active recreation space. 12 Parking has been a question I want to make sure we are clear on. I did point out the significant area of the lot 13 which is encumbered by parking spaces and the 1986 code specifically excludes parking spaces from counting 14 as active recreation. It says, “In addition to land provided or dedicated for active recreation purposes, sufficient 15 area must be provided to make available parking lot spaces”. The parking lot spaces have to be in addition to 16 whatever is allocated for active recreation. The implications of all this are that it is clear that if you decide that the 17 1998 rezoning date is the relevant date and its ordinances in effect as of 1998, if you find that is the case, then 18 the 1986 site suitability ordinances I have sited and the other active recreation claims, those all are in effect and I 19 think it is very hard to argue that the active recreation has been met. If the August 1986 ordinance applies, some 20 quantity of the claimed active recreation must be deemed invalid. The plan-o-meter gives you some reasonable 21 estimates but you are free to make your own determinations there. Again, the County has offered no evidence to 22 dispute the land characteristics. Their only contention is none of this matter because the ordinance wasn’t in 23 effect. I think that is not true but so be it. I believe that the County incorrectly claims that the 1986 ordinance 24 does not apply. What if you agree with the County? Really it is the 1986 ordinance. It is before the site 25 suitability and other subdivision changes are in effect. What does that mean? I am going to walk you through Mr. 26 Harvey’s testimony where he describes what parts of the ordinance he is using to justify his claims. He points to 27 Section 6.12.2. What does 6.12.2 say? Here I am going to quote, regarding definitions and methods of 28 measurements relating to standard land use intensity ratios, “Subject to modifications made herein specifically or 29 in general where further detail is needed in connection with standards, definitions, or methods of measurements, 30 referral shall be made to appropriate sections of MPS or MAP.” Mr. Gledhill made a big point about the 31 importance of the word shall so there is no provision for the County not look at the definitions if there are any 32 questions about what does something mean if, in fact, those definitions are more fully explained in MPS or MAP. 33 What is MPS or MAP? Section 6.12.1 of the ordinance and this is the ordinance in 1986 at the time the County is 34 claiming this is what we must follow. MPS and MAP are document provided by the U.S. Department of Housing 35 and Urban Development and I am going to quote 6.12.1, “Accept as generally or specifically modified herein 36 minimum property standards and manual of acceptable practices in their current editions as published by the U.S. 37 Department of Housing and Urban Development together with related standards and explanatory material shall 38 be a supplementary guide on site and building planning and related definitions, measurements, ratio and 39 requirements”. I have submitted the minimum property standards and minimum acceptable use practices but I 40 am going to show you the key portions on the screen. Looking at the Manual of Acceptable Practices and this is 41 Attachment 1F for the record and it is on what they call in the document Section 3.14-1, “Active Recreation Area 42 (Title). Active recreation space design should include appropriate locations for sports such as baseball, football, 43 basketball, volley ball and tennis.” Looking at the minimum property standards, Attachment 1G, Section 3.14-2.1, 44 Recreation, “Adequate recreation space appropriately equipped shall be provided, consisting of open areas for 45 active recreation such as playgrounds or major sports” and goes on to talk about passive recreational 46 requirements as well. So that is what is in effect in 1986 to the extent there are any questions about what is 47 active recreation. The implications of this are that sites that are encumbered by the items I previously described, 48