HomeMy WebLinkAboutOrdinance #3942 ORDINANCE NO. 3942
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 17.75 RELATING TO
DEVELOPMENT IMPACT FEES FOR POLICE FACILITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended to add
Chapter 17.73, said chapter to read as follows:
Chapter 17.75
POLICE FACILITIES DEVELOPMENT IMPACT FEES
Sections
17.75.010 Legislative findings.
17.75.020 Intent and Purpose.
17.75.030 Definitions.
17.75.040 Police Facilities Development Impact Fee.
17.75.050 Fund Established.
17.75.060 Fee imposed.
17.75.070 Calculation of Police Facilities Development Impact Fee.
17.75.075 Fee Payments for Phased Development Projects
17.75.076 Fee Adjustments.
17.75.080 Payment of fee.
17.75.090 Use of funds.
17.75.100 Refund.
17.75.110 Exemptions and credits.
17.75.120 Appeals.
17.75.130 Credit for Construction of Non-Site Related Improvements.
17.75.140 Eligible Expenditures from Fee Reserve Account
17.75.150 Annual report and amendment procedures.
17.75.160 Effect of Police Facilities Development Impact Fee on zoning and
subdivision regulations.
17.75.170 Violation—Penalty.
17.75.180 Severability.
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17.75.010 - Legislative findings.
A. The State of California, through the enactment of Government Code Sections
66001 through 66009 has authorized the City to enact Development Impact Fees.
B. The imposition of Development Impact Fees is a method of ensuring that new
development bears a proportionate share of the cost of capital facilities and other
costs necessary to accommodate such development. These fees are established to
promote and protect the public health, safety and welfare.
C. Increase in residential and nonresidential development in the City creates a need for
increased funds to pay for the cost of increased police services and facilities which
are needed to serve the increasing development in the City.
D. Pursuant to the "Development Development Impact Fee Calculation and Nexus
Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011,
as amended April 27, 2012, which incorporated herein by reference in these
findings as though set forth in full, the fees established pursuant to this Chapter are
derived from, based upon, and do not exceed the costs of providing additional
police services attributable to applicable new residential or nonresidential
development. This study is based in part upon master planning to more specifically
identify capital facilities to serve new development; the acquisition of additional
property for police facilities; the construction of buildings for police services; the
furnishing of buildings or facilities for police services; and the purchasing of
equipment and vehicles for police services.
E. The fees collected pursuant to this Chapter shall be used to finance the police
facilities and equipment identified in herein in furtherance of the City's General
Plan, as well as the Nexus Report and its attached Master Facilities Plan and the
City of Huntington Beach Capital Improvement Plan.
F. Detailed study of the impacts of future residential and nonresidential construction
in the City, along with an analysis of the need for new police facilities and
equipment has been prepared. This study is included in the Nexus Report.
G. As set forth in the Nexus Report, there is a reasonable relationship between the
need for the police facilities and equipment set forth in this Chapter and the impacts
of the types of development for which the corresponding fee is charged. In
addition, there is a reasonable relationship between the fee's use and the type of
development to which the fee is charged and a reasonable relationship between the
amount of the fee and the cost of the facilities and equipment or portion thereof
attributable to the development on which the fee is imposed.
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17.75.020—Intent and Purpose.
A Police Facilities Development Impact Fee is being created for the purpose of assuring
that the impacts created by new development in the City of Huntington Beach pay a fair
share of the proportional facility and equipment and vehicle costs required to support
needed police facilities and related costs necessary to accommodate such development.
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, as well as following the recommendations in the Nexus
Report including the Master Facilities Plan, and the City of Huntington Beach Capital
Improvement Plan by ensuring that the City's police services are maintained when new
development is constructed within the City limits. By imposing a fee that is reasonably
related to the burdens created by new development on the City's Police Department,
together with funding available from other City revenue sources, the City will be able to
construct the required capital improvements, accommodate projected growth and fulfill the
goals, objectives and policies of the City's General Plan and Master Facilities Plan, a part
of the Nexus Report.
It is the intent of the City Council that the fee required by this Chapter shall be
supplementary to any conditions imposed upon a development project pursuant to other
provisions of the Municipal Code, the Subdivision Map Act, the California Environmental
Quality Act, other state and local laws, ordinances or chapter provisions which may
authorize the imposition of conditions on development.
17.75.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code.
17.75.040 - Police Facilities Development Impact Fee. There is imposed a Police
Facilities Development Impact Fee on all new non-subdivided Residential and
Nonresidential development.
17.75.050 - Fund established. A Police Facilities Development Impact Fee fund is
established. The Police Facilities Development Impact Fee fund is a fund to be utilized for
payment of the actual or estimated costs of police facilities and equipment as set forth in
the Nexus Report which includes the Master Facilities Plan, as well as the City of
Huntington Beach Capital Improvement Plan related to new residential and nonresidential
construction.
17.75.060 - Fee imposed.
A. Any person who, 60 days after the effective date of this Development Impact Fee
Ordinance, seeks to engage in non-subdivided Residential or Nonresidential
development including mobilehome development by obtaining a building permit or
other discretionary approval is required to pay a Police Facilities Development
Impact Fee in the manner and amount as set forth in the current City of Huntington
Beach Fee Resolution separately adopted.
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B. No certificate of occupancy, temporary certificate of occupancy, or final building
permit approval or construction approval for a mobilehome pad or pads, as
applicable, for the activities listed in this Chapter, shall be issued unless and until
the Police Facilities Development Impact Fee required by this Chapter has been
paid to the City.
17.75.070 - Calculation of Police Facilities Development Impact Fee.
A. At the time of the issuance of the building permit, the Director of Planning and
Building or his/her designee ("Director") shall calculate the amount of the
applicable Police Facilities Development Impact Fee due as specified in the current
fee resolution setting the amount of the fee.
B. The Director of Planning and Building shall calculate the amount of the applicable
Police Facilities Development Impact Fee due by:
1. Determining the number and type of dwelling units in a residential
development or mobilehome pads in a mobilehome park or site, and
multiplying the same by the Police Facilities Development Impact Fee
amount per dwelling unit or pad as established by the current fee resolution
setting the amount of the fee;
2. Determining the gross square feet of floor area, or number of lodging units,
type of use and location in a nonresidential development, and multiplying
the same by the Police Facilities Development Impact Fee amount as
established by the current fee resolution setting the amount of the fee;
3. Determining the number and type of dwelling units and the nonresidential
number of lodging units or gross square feet of floor area, type of use and
location, in a structure containing mixed uses which include a residential
use, and multiplying the same by the Police Facilities Development Impact
Fee amount for each use as established by the current fee resolution setting
the amount of the fee;
4. Determining the gross square feet of floor area, or number of lodging units,
type of use and location in a structure containing mixed uses which include
two (2) or more nonresidential principal uses, and multiplying the same by
the Police Facilities Development Impact Fee amount as established by the
current fee resolution. The gross square feet of floor area of any accessory
use will be charged at the same rate as the predominant principal use unless
the Department of Planning and Building finds that the accessory use is
related to another principal use.
17.75.075 Fee Payments for Phased Development Projects. If a Development Project
will be constructed in phases, and separate building permits and certificates of occupancy
will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on
the basis of the development characteristics of the entire Development Project. Payment of
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the fees may be made separately for each phase, provided the amount paid for each phase
shall be equal to the percentage that that phase represents of the total development
project's development characteristics. The fee shall be the fee in effect at the time
payment is due.
17.75.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.75.080 -Payment of fee.
A. The City shall collect from the applicant the Police Facilities Development Impact
Fee prior to the issuance of a certificate of occupancy, temporary certificate of
occupancy, final building permit approval or construction approval for mobilehome
pad or pads, whichever occurs first.
B. Except for any administrative charge allocated to the City, all funds collected shall
be properly identified and promptly transferred for deposit in the Police Facilities
Development Impact Fee fund and used solely for the purposes specified in this
Chapter.
17.75.090 -Use of funds.
A. Funds collected from the Police Facilities Development Impact Fee shall be used to
fund the costs of providing additional police services attributable to new residential
and nonresidential construction and shall include:
1. The acquisition of additional property for law enforcement facilities;
2. The construction of new facilities for law enforcement services;
3. The furnishing of new buildings or facilities for law enforcement services;
4. The purchase of new specialty equipment and vehicles for law enforcement
services;
5. The funding of a master plan to identify capital facilities to serve new police
department development;
6. The cost of financing (e.g., interest payments).
7. Projects identified in the City of Huntington Beach General Plan, the
Master Facilities Plan included in the Nexus Report, the City of Huntington
Beach Capital Improvement Plan, adopted annual City of Huntington Beach
budget or City Council approved development projects.
B. Funds shall not be used for periodic or routine maintenance or to maintain or repair
existing buildings, and/or existing vehicles or equipment.
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C. Revenue raised would be limited to capitalized cost related to growth.
D. In the event that bonds or similar debt instruments are issued for advanced
provision of capital facilities for which Police Facilities Development Impact Fees
may be expended, Development Impact Fees may be used to pay debt service on
such bonds or similar debt instruments to the extent that the facilities provided are
of the type described in this Chapter.
E. Funds may be used to provide refunds as described in this Chapter.
17.75.100 - Refund.
A. Any applicant who has paid a Police Facilities Development Impact Fee pursuant
to this Chapter may apply for a full or partial refund of same, if, within one (1) year
after collection of the Police Facilities Development Impact Fee the fee has been
modified as follows: reduction in the number of dwelling units, a change in the type
of dwelling units, a reduction in square footage, or the applicability of an
exemption pursuant to this Chapter. In the event a refund is issued, the City may
retain a sum up to twenty (20%) percent of the Development Impact Fee paid by
the applicant to offset the administrative costs of refund. In no event shall a refund
exceed the amount of the Police Facilities Development Impact Fee actually paid.
B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates
to the satisfaction of the Director that they were erroneously or illegally collected.
If the Director determines the fees were not erroneously or illegally collected, then
the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An
application for a refund pursuant to this Section must be filed within ninety (90)
days after the payment of the fees.
C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act,upon application
of the then current landowner, fees will be refunded if the City fails to commit
them to a project of the nature or type identified in the Nexus Report within five
years from the date that the fees were collected from the applicant. For purposes of
this subsection, fees are deemed to have been "committed" if they have been
budgeted or otherwise encumbered by the City for an eligible improvement,
studies, design drawings or any necessary applications for approval by other
governmental agencies have been initiated, construction bidding has been initiated,
or improvements are under construction. Eligible refunds, plus interest at the
City's average annual cost of funds will be made only upon an application filed
within 180 days of the expiration of the fifth anniversary of the fee payment.
17.74.110 Exemptions and credits.
A. Exemptions. Any claim of exemption must be made no later than the time of
application for a building permit or mobilehome construction approval. Any claim
of exemption must be filed in the same manner and will be considered pursuant to
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the same procedure as for a fee adjustment as provided in Chapter 17.73. The
following shall be exempted from payment of the Police Facilities Development
Impact Fee:
1. Residential Development
a. Alteration or expansion of an existing residential building in which
no additional dwelling units are created, the use is not changed and
where no additional police services will be provided over and above
those provided by the existing building;
b. The replacement of a destroyed or partially destroyed
building or structure with a new building or structure of the same
size and use, provided that no additional police services will be
required over and above those provided by the original use of the
land;
C. The construction of residential accessory buildings, structures or
uses which will not require additional police services over and
above those provided by the principal building or use of the land;
d. The installation of a replacement mobilehome on a lot or other such
site when a Police Facilities Development Impact Fee for such
mobilehome site has previously been paid pursuant to this Chapter,
or where a mobilehome legally existed on such site on or prior to the
effective date of the ordinance codified in this Chapter;
e. Construction, replacement or rebuilding of a single-family dwelling
(one (1) unit per lot) on an existing lot of record, or the replacement
of one (1) mobilehome with another on the same pad, or the moving
and relocation of a single-family home from one (1) lot within the
City to another lot within the City. This exemption shall not apply to
tract development, to the development of more than one (1) unit per
lot, nor to the replacement of a single-family dwelling with more
than one (1) dwelling unit;
2. Affordable housing for lower income households. Property rented, leased,
sold, conveyed or otherwise transferred, at a rental price or purchase price
which does not exceed the "affordable housing cost," as defined in Section
50052.5 of the California Health and Safety Code when provided to a
"lower income household" as defined in Section 50079.5 of the California
Health and Safety Code or "very low-income household" as defined in
Section 50105 of the California Health and Safety Code. This exemption
shall require the applicant to execute an agreement to guarantee that the
units shall be maintained for lower and very low-income households
whether as units for rent or for sale or transfer. The agreement shall be in
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the form of a deed restriction or other legally binding and enforceable
document acceptable to the City Attorney and shall bind the owner and any
successor-in-interest to the real property being developed. The agreement
shall subordinate, if required, to any state or federal program providing
affordable housing to lower and very low-income households. The
agreement shall be recorded with the Orange County Recorder prior to the
issuance of a certificate of occupancy. Applicant or any successor-in-
interest shall be required to provide annually, or as requested, the names of
all tenants or purchasers, current rents and income certification to insure
compliance. Voluntary removal of the housing restriction or violation of the
restriction shall require the applicant or any successor-in-interest to pay the
then applicable Police Facilities Development Impact Fee at the time of
voluntary conversion or as imposed at the time of violation on the unit in
violation, plus any attorneys' fees and costs of enforcement, if applicable;
B. Credits. Any applicant whose development is located within a community facilities
district (CFD) or , and is subject to the assessments thereof, shall receive an offset
credit towards the fees established by this Chapter to the extent that the assessments
fund improvements within the CFD which would otherwise be funded by the
Development Impact Fees established by this Chapter.
17.75.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code.
17.74.130 Credit for Construction of Non-Site-Related Improvements. Applications
for credit for construction of non-site-related improvements shall submit applicable
engineering drawings, specifications and construction cost estimates or the like to the
Director. The Director shall determine any credit for improvement based on either these
cost estimates or alternative estimates if the Director determines reasonably that the
estimates submitted by the applicant are either unreliable or inaccurate. In no event shall
the amount of the credit exceed the improvement cost specified in the Nexus Report, or
other applicable basis for the fee, nor shall the credit exceed the amount that would
otherwise apply.
No final inspection or certificate of occupancy for the Development Project may be issued
until: (1) the construction is completed and accepted by the City; (2) a suitable
maintenance and warranty bond is received and accepted by the City; and (3) all design,
construction, inspection, testing, bonding and acceptance procedures are in strict
compliance with City paving, drainage and other applicable requirements
17.75.140 Eligible Expenditures From Fee Reserve Account. All monies and interest
earnings in any Reserve Account shall be expended on the projects of the nature or type
identified in the Nexus Report, or such other report as may be prepared from time to time
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to document the reasonable fair share of the costs to mitigate the police services impacts of
new development.
17.75.150-Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the
Police Chief of the City of Huntington Beach shall evaluate progress in
implementation of the Police Facilities Development Impact Fee program and shall
prepare a report thereon to the City Council in accordance with Government Code
Section 66006, incorporating among other things:
1. The police facilities and equipment commenced, purchased or completed
utilizing monies from this Police Facilities Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Police Facilities Development Impact Fees in the fund; and
4. Recommended changes to the Police Facilities Development Impact Fee,
including, but not necessarily limited to changes in this Police Facilities
Development Impact Fee chapter or the fee resolution.
B. Based upon the report and such other factors as the City Council deems relevant
and applicable, the City Council may amend the ordinance codified in this Chapter
or the fee resolution implementing this Chapter. Changes to the Police Facilities
Development Impact Fee rates or schedules may be made by amending the fee
resolution. Any change which increases the amount of the Police Facilities
Development Impact Fee shall be adopted by the City Council only after a noticed
public hearing. Nothing herein precludes the City Council or limits its discretion to
amend the ordinance codified in this Chapter or the fee resolution establishing
Police Facilities Development Impact Fee rates or schedules at such other times as
may be deemed necessary.
17.75.160 - Effect of Police Facilities Development Impact Fee on zoning and
subdivision regulations. This Chapter shall not affect, in any manner, the permissible use
of property, density/intensity of development, design and improvement standards and
public improvement requirements or any other aspect of the development of land or
construction of buildings, which may be imposed by the City pursuant to the City's zoning
regulations, subdivision regulations or other ordinances or regulations of the City, which
shall be operative and remain in full force and effect without limitation with respect to all
residential and nonresidential development.
17.75.170 - Violation—Penalty. A violation of this Chapter shall be prosecuted in the
same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be
punishable according to law. However, in addition to or in lieu of any criminal
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prosecution, the City shall have the power to sue in civil court to enforce the provisions of
this Chapter.
17.75.180 - Severability. If any section, phrase, sentence, or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portions shall be deemed a separate, distinct, and independent provision; and such holding
shall not affect the validity of the remaining portions thereof.
SECTION 2. This ordinance shall become effective 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 2 r d day of July 2012 .
Mayor
ATTEST: INITIATED AND APPROVED:
Qo")
ity Clerk Chief of Police
—t - t
REVIEx
APPROVED:
APPROVED AS TO FORM:
M/nager
A4ty tto ey
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Ord. No. 3942
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 June 18,2012, and was again read to said City Council at a
regular meeting thereof held on July 02, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Dwyer, Hansen
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 July 12,2012.
In accordance with the City Charter of said City
pan L. Flynn,City Clerk C4f Clerk and ex-officio erk
UA
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California