HomeMy WebLinkAboutOrdinance #3478 ORDINANCE NO. 3478
AN URGENCY ORDINANCE OF THE CITY OF
HUNTINGTON BEACH EXTENDING AN INTERIM
TRAFFIC IMPACT FEE ORDINANCE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 66017(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 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$150.00 per vehicle trip, of which one-half($75.00)would be paid by the
developer, and the City would contribute the other half of the traffic impact fee.
B. 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 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 found pursuant to Ordinance No. 3474 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.
C. In anticipation of the expiration of Ordinance No. 3048, the City
commissioned studies of the impact of future development on transportation and traffic
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operations. As a result of these studies, the City Council introduced Ordinance No. 3477 and
Resolution No. 2000-97 establishing a new traffic mitigation impact fee in the amount of$120
per trip, effective December 1, 2000.
D. In anticipation of the expiration of the existing traffic impact fee program,
the City Council adopted Urgency Ordinance No. 3474, adopting an Interim Traffic Impact Fee
in the amount of$150 per trip applicable to developments seeking certificates of occupancy after
October 5,2000. Said Ordinance was adopted pursuant to Government Code 66017(b) and
expires on November 4, 2000.
SECTION 2. Extension of the Interim Traffic Impact Fee Program
A. The City Council hereby finds and determines that development seeking
certificates of occupancy after November 4, 2000 but prior to the December 1, 2000 effective
date of the new traffic mitigation impact fee program 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. Pending the effective date of the new traffic mitigation impact fee
program, the City Council extends the Interim Traffic Impact Fee in the amount of$75.00 per
vehicular trip generated by new development.
SECTON 3. 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.
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SECTION 4. 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 Ordinance No. 3474.
SECTION 5. 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.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of October , 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney
REVIEWED AND APPROVED: INIT ED AND APPROVED:
City Administrator birector of Public Works
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Emergency Ord. No. 3478
STATE OF CALIFORNIA )
COUNTY OF ORANGE -
CITY OF HUNTINGTON BEACH )
Z, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-offlcio 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 re ular meeting thereof held on the 16th day of October,
2000, and was passed and adopted by at least four-fifths (4/5) affirmative vote of
said City Council.
AYES: Councilmembers:
Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Cleric of the City Council,
do hereby certify that a synopsis ofthis ordinance has been
published in the Independent on
jr
In accordance with the City Charter of said City City Clerk and ex-offieio Clerk
Connie Brockway City Clerk of the City Council of the City
De uLCily Clerk of Huntington Beach, California