HomeMy WebLinkAboutOrdinance #3879 ORDINANCE NO. 3879
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,
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Ordinance No. 3879
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(I).
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. 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.
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Ordinance No. 3879
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 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 3rd day of May , 2010.
Ma or
ATTEST: INITI ED AND APPROVED:
QMIJ IeA
Ci lerk UDirector MPfairning
REV&- D APPROVED: APPROVED AS TO FORM:
/1 G
Y Y
City Ad Y
istrator y Attorney
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08-1791.003/45843
Ord. No. 3879
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 April 19,2010,and was again read to said City Council at a
regular meeting thereof held on May 3, 2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
1,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 May 13,2010.
In accordance with the City Charter of said City
�J-oa�n L. Flynn, Cily Clerk i Clerk and ex-offici Jerk
16 senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California