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HomeMy WebLinkAboutOrdinance #3474 ORDINANCE NO. 3 4 7 4 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING AN INTERIM TRAFFIC IMPACT FEE ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 660t7(b) AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Huntington Beach ordains as follows: SECTION 1: Findings and Intent. The City Council finds as follows: A. In May 1990, the City Council received a study addressing the cumulative impacts of new development projects on transportation facilities in the City. The Study, entitled the Comprehensive Transportation System Improvement Program ("CTSIP") recommended that the City establish a fee on new development in the amount of$150 per vehicle trip the development generated. B. Based upon the CTSIP, the City Council adopted Ordinance No. 3048 and Resolution No. 6164. Ordinance No. 3048 added Chapter 17.65 to the Huntington Beach Municipal Code, establishing a Traffic Impact Fee Program, including setting a Traffic Impact Fee in the amount of$75.00 per vehicle trip. This fee was one-half of the $150 per trip fee that the CTSIP recommended. Ordinance No. 3048 and Resolution No. 6164 provided that the City was to contribute the other half of the Traffic Impact Fee. C. Both the Staff Report and Section 17.65.050 of the Municipal Code states that the Traffic Impact Fee Program was to expire after ten years. Specifically, Section 17.65.050 states that Chapter 17.65 was to expire ten years after the "date of passage" of Ordinance No. 3048. The date of passage of Ordinance No. 3048 was August 6, 1990, and ten years later is August 5, 2000. However, pursuant to Section 5 of Ordinance 3048, the Traffic 1 SF-2000 Ordinances:Interim Traffic Impact Fee RLS 0/15100-K E Impact Fee went into effect on October 5, 1990, and ten years from that date is October 4, 2000. Consequently, while Section 17.65.050 suggests that Ordinance No. 3048 expires on August 5, 2000, the legislative intent of the Council was that the program last for a full ten years. Accordingly, the City Council hereby finds that it was the intent of Ordinance No. 3048 that the Traffic Impact Fee Program have a full,ten year life, through October 4, 2000. D. The CTSIP identified more than $111 million in traffic improvements that were required through 2000, $25 million of which was attributable to new development. Given that the City was to pay one-half the fee, this meant that$12.5 million was to be collected. However, since the Council adopted the Traffic Impact Fee Program, only$2.86 million has been collected and another $2.23 million is anticipated within the next two years. This means that the program needs to be continued just to continue to fiend the traffic facilities projects already identified. E. In addition, new development projects in the City of Huntington Beach occurring over the next ten years will continue to result in additional vehicular traffic within the City, and there is a causal connection between such development projects and the increased need for additional transportation facilities and programs. F. Such new development projects will benefit from the City's transportation facilities and programs, because new residents, businesses and employees are attracted to those developments by relative ease of access to those developments. However, the supply of transportation facilities is not projected to keep pace with future demand for these facilities. Furthermore, the level of traffic service is expected to diminish as demand for transportation facilities and programs increases due to commercial and residential development. 2 SF-2000 Ordinances:Interim Traffic Impact Fee RLS 6/15/00-#2 3 G. Failure to enhance the ability of the Huntington Beach transportation system to accommodate greater traffic will make it more difficult for future developers to sell residences and future employers to secure a labor force, and therefore could cause unacceptable harm to the quality of life in the City, contrary to the goals, objectives and policies of the City's General Plan. H. State Proposition I I I and County Measure M, as well as the City's General Plan require new developments to mitigate their traffic impacts. I. The impacts of future commercial and residential development on transportation and traffic operations have been preliminarily studied in a technical working paper prepared by JR Consulting Engineers, entitled"City of Huntington Beach Transportation System Needs Analysis 2000-2010" (hereinafter"JR Consulting Report") which analyzes and demonstrates a reasonable relationship between new development, and the demand for transportation facilities and programs, as well as estimates the cost of providing facilities and programs to mitigate the traffic impact of new development. Preliminary results from the report suggest that it will recommend that the new fee will be in the range of$150 per trip. It is anticipated that the new study will be completed by the end of July 2000. J. The sources of City revenue other than development fees, including tax revenues which will be paid by new commercial and residential development,will be needed for many public purposes and therefore will not be sufficient to offset the burdens on transportation facilities and programs created by new commercial and residential development. K. In order to establish a new traffic impact fee program, the Council must adopt a new ordinance to replace Ordinance No. 304$, as well as complete the public hearing process and 60 day waiting period that Government Code Section 66017 requires. 3 SF-2000 Ordinances:Interim Traffic Impact Fee KLS 6/15/00-#2 SECTION 2. Expiration Date of Ordinance No. 3048. The City Council hereby determines and declares that the expiration date of Ordinance 3048 is October 5, 2000. Therefore, all new developments applying for certificates of occupancies up to and through October 5, 2000 shall,pursuant to HBMC § 17.65.020(B), pay a fee of$75.00 per vehicle trip generated. SECTON 3. Interim Authorization of an Extension to the Traffic Impact Fee Program. A. The City Council hereby finds and determines that development seeking certificates of occupancy after October 5, 2000, will impact traffic facilities within the City. These impacts must be mitigated by payment of an Interim Traffic Impact Fee for traffic facility construction. B. The City Council will establish the amount of the Final Traffic Impact Fee at some time in the future. The Fee will be based upon the vehicle trips generated by each development, or similar measure(s). The Final Traffic Impact Fee also shall establish the specific improvements to be constructed, their cost, and the reasonable relationship between the fee to be imposed and the incremental increase in traffic caused by the development. Pending completion of the JR Consulting Report and consideration of the Report at a public hearing, the City Council sets the Interim Traffic Impact Fee in the amount of$150.00 per vehicular trip generated by new development. C. If the Final Traffic Impact Fee is established in an amount less that the Interim Traffic Impact Fee, the developer will be reimbursed for any difference between the Interim and Final Traffic Impact Fee. If the Interim Traffic Impact Fee is less than Final Traffic Impact Fee, the developer's liability for the Fee shall not exceed the amount of the Interim Fee. 4 SF-2000 Ordinances:lnterim Traffic Impact Fee RLS 6115100-#2 SECTON 4. Urgency Ordinance. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Section 66017(b), and this Ordinance shall take effect immediately upon its adoption. There is a current and immediate threat to the public health, safety and welfare if the City's traffic impact fee is permitted to lapse because development will continue to further impact City traffic facilities, and the City would be without the fees necessary to mitigate these impacts. SECTION 5. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decisions shall not affect the validity of the remaining parts of this Ordinance. If a court of competent jurisdiction should determine that Chapter 17.65 of the Huntington Beach Municipal Code expires sooner than October 5, 2000,then it is the intent of the Huntington Beach City Council that Section 3 of this Ordinance shall go into effect as of the earlier expiration date of Chapter 17.65, SECTION 6. Environmental Compliance. The City Council hereby finds that this project is exempt from the California Environmental Quality Act under Section 15273(a)(4) of the CEQA Guidelines. The Council finds that the exemption applies because there is no reasonable possibility that the extension of the traffic impact fee program could negatively effect the environment. To the contrary, the program is intended to collect impact fees which will be used to mitigate the environmental effects of new development on transportation facilities. 5 SF-2000 Ordinances:Interim Traffic Impact Fee Ri S 6/15/00-#2 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of June 2000. C�A AAA Mayo e k1roviye" ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: ED AND APP OVED: City AdniTh-istrator Director of Public Works 6 SF-2000 Ordinances:Interim Traffic Impact Fee RLS 6/15/00-#2 Urgency Ord. No. 3474 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: - CITY OF HUNTINGTON BEACH } I, CONNM BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofI'icio Clerk of the City Council of 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 thereof held on the 19th day of June, 2000, and was passed and adopted by at least four-fifths (4/5) affirmative vote of said City Council. AYES: Councilmembers: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: Garofalo I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk ofthe City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on `� J In accordance with the City Charter of said City City Clerk and ex-officio elerk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California