HomeMy WebLinkAboutOrdinance #3048 ORDINANCE NO. 3048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, AMENDING TITLE 17
OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH
A TRAFFIC IMPACT FEE
SECTION 1: FINDINGS AND PURPOSES
WHEREAS: In order to implement the goals and objectives of
the Circulation Element of the Huntington Beach General Plan and to
mitigate the circulation impacts caused by new development in the
city, certain public road improvements must be constructed, and
The City Council has decided that a traffic impact fee is
needed to address the cumulative impacts of development and mandate
improvements to ensure an acceptable level of service is achieved on
all roadway links and intersections in the city, and
The City Council has determined that a traffic impact fee
program is needed in order to address the funding and construction
of transportation facilities and to achieve and maintain an
acceptable level of service, and
Adoption of an enabling ordinance for this program is in the
public interest and promotes the public health, safety and general
welfare.
ACCORDINGLY, this ordinance creates procedures and standards
which:
1. Identify through the "Comprehensive Transportation
System Improvement Program" the impact of development
on traffic;
2 . Ensure that new projects and any subsequent phases do
not receive certificates of occupancy, unless related
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and necessary traffic improvements are in place and all
affected major intersections and links are operating at
an acceptable level of service;
3 . Ensure that property owner(s) whose increased use of
their property impacts traffic conditions pay their pro
rata share toward necessary traffic improvements .
SECTION 2 :
The City Council of the City of Huntington Beach does ordain
as follows :
Title 17 of the Huntington Beach Municipal Code is hereby
amended by the addition of Section 17 . 65 entitled "Traffic Impact
Fees . "
Section 17. 65 : Traffic Impact Fees
17. 65 ,010 - Comprehensive Transportation System Improvement
Program
A. Each year the city shall prepare a monitoring report .
This report shall be used to update the Comprehensive Transportation
System Improvement Program (C.T.S. I .P. ) hereby established. The
Program is a plan, prepared and adopted annually by the city, to
address the cumulative impact of development in a defined impact
area and to address the funding and construction of transportation
facilities in order to achieve and maintain the standard level of
service as set forth in the C.T.S. I .P. The City Traffic Engineering
Division will be responsible for the preparation and annual update
of the Program. The Program will be reviewed and updated during the
Fall of each year .
B. The Comprehensive Transportation System Improvement
Program shall be utilized to determine the pro rata share of the
cost of necessary improvements attributable to a given project.
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C. On an annual basis, the City Council shall review to
determine whether the traffic impact fee amount is reasonably
related to the impacts of developments, whether the described
facilities are still needed, and shall set the new amount of the
fee, if any, by ordinance.
17. 55 . 020 - Traffic Impact Fee
A. ESTABLISHMENT OF TRAFFIC IMPACT FEE: A traffic impact
fee (hereinafter the "fee" ) is. hereby established. Fee shall be
based upon the Comprehensive Transportation System Improvement
Program. The Program shall set forth the specific amount of the
fee, describe the benefit and impact area on which the fee is
imposed, list the specific public improvements to be financed,
describe the estimated cost of these facilities, describe the
reasonable relationship between this fee and the various types of
new developments or changed uses .
B. TIME OF PAYMENT: The fee will be assessed and payable at
the time of issuance of the certificate of occupancy, or the final
inspection, whichever occurs first.
C. FEE DETERMINATION:
1 . The fee assessment process will take into account
the existing use of the property, such that a property owner will be
charged only for increased use of the property which affects traffic.
2 . The Traffic Impact Fee shall be Seventy-five
Dollars ($75 . 00) per trip generated by the project.
3 . During the Fall of each year the City shall
budget an amount equal to the revenues projected to be derived from
Traffic Impact Fees for the fiscal year. On a quarterly basis, the
City shall cause to have the budgeted funds transferred into a
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special fund but only in direct proportion to amounts actually
received from Traffic Impact Fees at that point in the year.
D. LIMITED USE OF FEES: The revenues raised by payment of
the fee shall be placed in a separate and special account. Such
revenues, along with any interest earnings on that account, shall be
used solely to:
1. Pay for the city' s future construction of
transportation facilities or to reimburse the
city for those described or listed in this
Comprehensive Transportation System Improvement
Program constructed by the city with funds
advanced by the city from other sources, or
2. Reimburse developers who have been required or
permitted to install such listed facilities which
are oversized in an incremental amount equal to
the improvement cost for oversizing.
E. FEE ADJUSTMENTS/CREDITS: An owner of any project subject
to the fee may apply to the City Council for:
1 . A reduction or adjustment of the fee not to exceed
25% based upon improving the local balance between jobs and housing;
2. An adjustment of the fee based upon providing land
uses that generate primarily non-peak hour vehicular trips;
3 . A reduction in the fee in consideration of
participation in a Transportation Demand Management Program,
designed to reduce the peak-hour traffic demand of the property.
F. FEE REFUNDS: A refund may be made when a building permit
expires and no extensions have been granted for a development for
which the funds have been collected.
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' 17-E5-30 - Phased Projects -- Where there is a requirement
imposed upon a phased project pursuant to this article for the
payment of the fee it shall be payable serially as to each phase of
the project, in conjunction with the improvements accomplished and
not in one payment for the entire project.
17 . G5 .40 -- Exemptions
A. New development or changes in property use which fall
within any of the categories listed below shall be exempt from the
provisions of this article:
1. Any residential construction that does not
increase the number of permanent housing units on
the parcel where the construction takes place,
such as remodeling or rebuilding an existing
house.
2 . Any industrial or commercial change, development
or construction that neither increases the
footprint, nor increases square footage, nor
changes the use of the parcel where the
construction takes place, nor increases peak hour
trip generation.
3 . Police, Fire and Public Safety facilities .
17.65 . 05Q - Expiration
A. This ordinance shall expire 10 years from the date of
passage or prior to such date by Council action.
SECTION 4 : SEVERABILITY
A. If any section, subsection, part, subpart, paragraph,
clause or phrase of this ordinance, or any revision of the ordinance
is for any reason held to be invalid or unconstitutional; the
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remaining sections, subsections, parts, subparts, paragraphs,
clauses or phrases shall not be affected, but shall remain in full
force and effect.
SECTION 5 :
This ordinance shall take effect and be in full force sixty
(60) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, published in the City of Huntington Beach,
or, in the alternative, the City Clerk may cause to be published a
summary of this ordinance and a certified copy of the text of this
ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of
the City Clerk a certified copy of this ordinance together with the
names of the members of the City Council voting for and against the
same.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6TH day
of August 1990 .
Mayor •
ATTEST: APPROVED AS TO FORM:
4
City Clerk C' ty L"A �orney ,
IEWED AND APP O INITIATE ND APPROVED:
dly Administr atox",x", Dire or of Public Works
�.s -40
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Ord, No. 3048
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 the 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 therof held on the 16-h day of July .
1990 and was again read to said City Council at a regular
meeting therof held on the 8th day of Au st 19 90 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Winchell, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
MacAllister, Green
f, Cam* Brockway CrrY CLERK of the City of
Huntington Beach and ex-offi�:". of the City
Courd,do hereby cedity ihw. ..
ordinance has been pubtisi--' ui;lly Pi!ot on
City Clerk and ex-officM Clerk
In accarda with t City C :• :. ;u pity. of the City Council of the City
of Huntington Beach, California
Connie Broa'_�•.•
f - City Cloy
n
Ci Clerk