HomeMy WebLinkAboutOrdinance #3827 ORDINANCE NO. 3827
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 in the City of
Huntington Beach shall be deferred until, and collection thereof by the responsible City agency,
department, official or 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.
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Ordinance No. 3827
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. New residential development projects that have obtained grading permits
from the City or received approval of a final tract map from the City, prior to the effective date of
this Ordinance shall not be eligible to defer the fees listed herein. 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. As a condition of the deferment of time of payment of any development
impact fee(s) pursuant to this Ordinance, the City shall require the property owner, or lessee if the
lessee's interest appears of record, prior to and as a condition of issuance of the building permit, to
execute either a contract secured by a lien, or a letter of agreement secured by an irrevocable letter
of credit. In either event, the development impact fee(s) shall be paid prior to final inspection, as set
forth below.
1. With regard to a contract, the obligation to pay the development impact fee(s) shall
inure to the benefit of, and be enforceable by, the City regardless of whether the City
is a party to the contract. The contract shall contain a legal description of the
property affected, shall be recorded in the office of the county recorder of Orange
County and, from the date of recordation, shall constitute a lien for the payment of
the development impact fee(s) which shall be enforceable against successors in
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Ordinance No. 3827
interest to the property owner or lessee at the time of issuance of the building permit.
The contract shall be recorded in the grantor-grantee index in the name of the City of
Huntington Beach as grantee and in the name of the property owner or lessee as
grantor. The City shall record a release of the obligation, containing a legal
description of the property, when the obligation is paid in full. The contract shall
require the property owner or lessee to provide appropriate notification of the
opening of any escrow for the sale of the property for which the building permit was
issued and to provide in the escrow instructions that the fee or charge be paid to the
City of Huntington Beach from the sale proceeds in escrow prior to disbursing
proceeds to the seller. The executed contract shall be deemed to supersede any
conflicting provision contained in any applicable development agreement with
regard to the time of payment of any development impact fee(s).
2. As an alternate to recording a contract that constitutes a lien, the property owner or
lessee if the lessee's interest appears of record may, prior to and as a condition of
issuance of the building permit, execute a letter of agreement and provide an
irrevocable letter of credit pursuant to procedures established by the Director of
Planning.
Section 9. This ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16th day of March , 200 9 .
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ATTEST: INITI D D APPROVED:
City Uerk Direc or of lanning
REVIEW D APPROVED: AP VED AS TO FORM:
City fwlstrator ty Attorney
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Ord. No. 3827
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio 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 March 2,2009, and was again read to said City Council at a
regular meeting thereof held on March 16,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 26,2009.
In accordance with the City Charter of said City
Joan L. Flynn, Ci1y Clerk CiU Clerk and ex-officio Offerk
-Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California