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ORDINANCE NO. 3824 T^�� f _{
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH \
TEMPORARILY SUPERSEDING CERTAIN CITY MUNICIPAL AND
ZONING CODE PROVISIONS RELATING TO THE REQUIRED TIME
OF PAYMENT OF SPECIFIC DEVELOPMENT IMPACT FEES
WHEREAS, the City Council of the City of Huntington Beach has adopted certain
fees and charges relating to mitigation of the impact of new residential development upon
City infrastructure, such as roadways and parks, and to provide for affordable housing by the
adoption of those certain ordinances hereinafter specified and enumerated in Section 2 of this
ordinance (hereinafter collectively the "Development Impact Fees"); and
Pursuant to the provisions of the Huntington Beach Municipal Code and the
Huntington Beach Zoning and Subdivision Ordinance, said Development Impact Fees are
currently required to be paid by the developers of new residential units at the time of issuance
of building permits for construction of such residential units; and
Due to recent changes in economic conditions relating to the housing market
throughout the nation, including, in the City of Huntington Beach, construction of many
residential projects heretofore approved, or in the process of being approved, by the City of
Huntington Beach have been deferred by the owners and developers of such projects due to
such economic conditions; and
The City of Huntington Beach relies on new residential development in the City to
stimulate the local economy and provide direct and indirect benefits to the City and its
residents and businesses by creating construction jobs, new market-rate and affordable
housing units and new tax bases and revenues to the community; and
It is therefore in the public interest and to the public benefit for the City Council to
stimulate and encourage new residential development in the City of Huntington Beach by the
adoption of an ordinance that temporarily defers the payment of certain Development Impact
Fees,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council does hereby adopt the measures hereinafter set forth
in this ordinance which shall be known and referred to as the Development Impact Fee
Deferral Program for New Residential Development.
Section 2. Notwithstanding any provision of any other ordinance or resolution
heretofore adopted to the contrary, the payment of the following specific development impact
fees for construction (excluding remodels) of new residential development projects of twenty-
five (25) or fewer units ("Qualified Projects") in the City of Huntington Beach shall be
deferred until, and collection thereof by the responsible City agency, department, official or
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Ordinance No. 3824
employee shall be made prior to final inspection for such residential units by the City of
Huntington Beach:
1. Park and recreation fee required pursuant to HBZSO Section 254.08.(1).
2. Library Development Fee required pursuant to HBMC Section 17.66.050.
3. Traffic Impact Fee required pursuant to HBMC Section 17.65.070.
4. Sewer Impact Fee required pursuant to HBMC Section 14.36.090.
5. Affordable housing in-lieu fee required pursuant to HBZSO 230.26.C.3.
6. Drainage Fee required pursuant to HBMC Section 14.48.050.
7. Library Enhancement Fee required pursuant to HBMC Chapter 3.40.
8. Park Acquisition and Development Fee required by Ordinance 3596 and
Resolution 2002-129.
Section 3. Final inspection by the City of Huntington Beach of Qualified Projects
shall not occur until payment of such development impact fees are made to the City of
Huntington Beach in full. The amount of the development impact fees due and payable shall
be based upon the fee schedules and amounts in effect at the time said development impact
fees would have been due and payable in the absence of this Ordinance.
Section 4. Payment of such development impact fees shall be deemed a debt due
and owning to the City of Huntington Beach at such time which debt shall only be deemed
satisfied and discharged upon payment in full to the City of Huntington Beach.
Section 5. The provisions of this Ordinance for deferral of payment of
development impact fees shall expire one year from the date of the adoption of this Ordinance
unless the City Council shall have first acted to extend or otherwise alter the provisions of this
Ordinance prior to that time.
Section 6. Nothing contained in this Ordinance shall be deemed to authorize or
permit the deferral of payment of any fee or charge imposed upon residential development
within the City of Huntington Beach except for those development impact fees expressly
enumerated in Section 2 hereof.
Section 7. Nothing contained in this Ordinance shall be deemed to create any new
fee charge, or increase any existing fee or charge, to which the procedures specified in Section
66017 of the Government Code of the State of California would be applicable.
Section 8. This ordinance shall become effective thirty (30) days after its
adoption.
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Ordinance No. 3824
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 200
Mayor
ATTEST: INITIA ED AND APPROVED:
City Clerk Director of Kanning
REVIE kD APPROVED: AP,P ED AS TO FO
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jCit ' Attorrley
City mi istrator
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08-1791.001/30357 3