Orange County Municipal Code Art. 10 Park Use Restrictions

(a) A declaration of restrictions shall be recorded against regional recreation parcels of land owned in fee title by the County that are adjacent to and contiguous with regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as mapped by the County Surveyor (excluding state tidelands and parcels of ten (10) acres or less in heavily urbanized inland areas). This section shall only apply to said properties, which are not so restricted by deed as of the date of enactment of this article. The recorded declaration shall be prepared by the Director with approval by County Counsel and shall contain language requiring that said land(s) be used for park purposes, including supporting infrastructure, in perpetuity.

(b) A declaration of restrictions shall be recorded against regional recreation parcels of land acquired after the date of enactment of this article by the County, which are (i) owned in fee title and are adjacent and contiguous with existing regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as mapped by the County Surveyor, (excluding state tidelands and parcels of ten (10) acres or less in heavily urbanized inland areas) or (ii) within the boundaries of said regional harbors, beaches or parks facilities as shown on the County Master Plan of Regional Recreation Facilities and as such boundaries are maintained by the County Surveyor. The recorded declaration shall be prepared by the Director with approval by County Counsel and shall contain language requiring that said land(s) be used for park purposes, including supporting infrastructure, in perpetuity.

(Ord. No. 01-012, § 1, 10-23-01; Ord. No. 10-012, § 4, 9-28-10)

(a) The Board of Supervisors may abandon all or any portion of a park restricted to park purposes under Section 2-5-300 of this Code, and may sell the land comprising it pursuant to this section or use the land for other County purposes, if it finds that all of the park, where all is to be abandoned, or the portion to be abandoned is not being used by the public for park purposes and that all of said park, or the portion to be abandoned if less than all, is not appropriate, convenient or necessary for park purposes. The transfer of a park or any portion thereof by the County to any city or district of the County, whether by lease or conveyance, shall not be deemed to be an abandonment of park purposes under this section if such lease or conveyance is expressly made subject to the condition that the property transferred be used only for park purposes.

(b) If the land comprising all or any portion of such park has been purchased with funds realized from the sale of bonds of a bond issue authorized for the purpose of acquiring the land for park purposes, the question of abandonment of all or any portion of such park and the sale or conveyance of the land or the use of the land for other County purposes shall first be submitted to, and approved by a majority of the voters of the County voting at the next statewide election or at a special election called for that purpose.

(c) Before abandoning all or any portion of a park, the Board of Supervisors shall adopt a resolution of intention by unanimous vote of all of its members describing the park or the portion of it proposed to be abandoned and fixing a time at least sixty (60) days after the adoption of the resolution when it will meet to take final action.

(d) The resolution shall be published pursuant to California Government Code Section 6063 in a newspaper of general circulation in the County printed and published nearest to the park all or a portion of which is proposed to be abandoned and in the newspaper of greatest circulation in the County if that newspaper is not the one printed and published nearest to such park. Not less than four (4) copies of the resolution shall be posted conspicuously not more than one hundred (100) feet apart at the point where any public highway or highways or park road or roads providing access into or through such park across the park boundaries and along the route of such highways or roads within the park boundaries.

(e) At the time and place stated in the resolution the Board of Supervisors shall meet and hear and pass on any objections to the abandonment of all or any portion of the park. If the Board of Supervisors sustains the objections, the proceedings shall terminate and a new resolution of intention describing all or any substantial part of the area proposed to be abandoned as a park shall not be adopted for six (6) months.

(f) If at or before the hearing there is filed with the Board of Supervisors a petition signed by not less than two hundred (200) voters of the County objecting to the abandonment, the Board of Supervisors shall either terminate the proceedings or submit the question of abandonment to the voters of the County at the next statewide election or at a special election called for that purpose.

(g) If all objections are overruled or if the election required by California Government Code Section 25586 results in a vote of approval by a majority of those voting, the Board of Supervisors may order the park or that portion thereof described in the resolution of intention to be abandoned and sold or used for other County purposes.

(h) No abandonment or sale or other County use of a park or portion thereof pursuant to this article shall affect any private right in lands acquired or owned by any private person or corporation, nor shall such abandonment or sale or other County use affect any right, easement or interest owned or under the control of any other governmental agency for public use other than park purposes.

(Ord. No. 01-012, § 1, 10-23-01; Ord. No. 10-012, § 4, 9-28-10)

(a) The Board of Supervisors may abandon all or any portion of a park restricted to park purposes under Section 2-5-300 of this Code, and may sell the land comprising it pursuant to this section or use the land for other County purposes, if it finds that all of the park, where all is to be abandoned, or the portion to be abandoned is not being used by the public for park purposes and that all of said park, or the portion to be abandoned if less than all, is not appropriate, convenient or necessary for park purposes. The transfer of a park or any portion thereof by the County to any city or district of the County, whether by lease or conveyance, shall not be deemed to be an abandonment of park purposes under this section if such lease or conveyance is expressly made subject to the condition that the property transferred be used only for park purposes.

(b) If the land comprising all or any portion of such park has been purchased with funds realized from the sale of bonds of a bond issue authorized for the purpose of acquiring the land for park purposes, the question of abandonment of all or any portion of such park and the sale or conveyance of the land or the use of the land for other County purposes shall first be submitted to, and approved by a majority of the voters of the County voting at the next statewide election or at a special election called for that purpose.

(c) Before abandoning all or any portion of a park, the Board of Supervisors shall adopt a resolution of intention by unanimous vote of all of its members describing the park or the portion of it proposed to be abandoned and fixing a time at least sixty (60) days after the adoption of the resolution when it will meet to take final action.

(d) The resolution shall be published pursuant to California Government Code Section 6063 in a newspaper of general circulation in the County printed and published nearest to the park all or a portion of which is proposed to be abandoned and in the newspaper of greatest circulation in the County if that newspaper is not the one printed and published nearest to such park. Not less than four (4) copies of the resolution shall be posted conspicuously not more than one hundred (100) feet apart at the point where any public highway or highways or park road or roads providing access into or through such park across the park boundaries and along the route of such highways or roads within the park boundaries.

(e) At the time and place stated in the resolution the Board of Supervisors shall meet and hear and pass on any objections to the abandonment of all or any portion of the park. If the Board of Supervisors sustains the objections, the proceedings shall terminate and a new resolution of intention describing all or any substantial part of the area proposed to be abandoned as a park shall not be adopted for six (6) months.

(f) If at or before the hearing there is filed with the Board of Supervisors a petition signed by not less than two hundred (200) voters of the County objecting to the abandonment, the Board of Supervisors shall either terminate the proceedings or submit the question of abandonment to the voters of the County at the next statewide election or at a special election called for that purpose.

(g) If all objections are overruled or if the election required by California Government Code Section 25586 results in a vote of approval by a majority of those voting, the Board of Supervisors may order the park or that portion thereof described in the resolution of intention to be abandoned and sold or used for other County purposes.

(h) No abandonment or sale or other County use of a park or portion thereof pursuant to this article shall affect any private right in lands acquired or owned by any private person or corporation, nor shall such abandonment or sale or other County use affect any right, easement or interest owned or under the control of any other governmental agency for public use other than park purposes.

(Ord. No. 01-012, § 1, 10-23-01; Ord. No. 10-017, § 1, 9-28-10)

Notwithstanding the abandonment procedures provided in Section 2-5-301, the Board of Supervisors may permit the non-exclusive use of any portion of a County park not otherwise subject to restriction under the County Park Abandonment Law of 1959 (California Government Code Section 25580, et. seq.) on the condition that (1) the proposed use promotes natural, ecological, scenic, open space, recreational or environmental education purposes; (2) the proposed use is non-exclusive and does not prevent the customary or historical use of the park or portion thereof affected by said use for park purposes; and (3) the permission granted shall automatically terminate upon the first to occur of the expiration of the term of the use, the voluntary termination of the use by the permittee or the non-use of the subject park property by the permittee for a reasonable time period. The permission to non-exclusively use a portion of park property provided in this subsection shall contain such terms, covenants and conditions as are deemed appropriate by the Board of Supervisors or otherwise required by law.

(Ord. No. 04-011, § 1, 7-27-04)