HomeMy WebLinkAboutOrdinance #3943 ORDINANCE NO. 3943
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 17.74 RELATING TO THE DEVELOPMENT
IMPACT FEES FOR FIRE 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 by adding
Chapter 17.74, said chapter to read as follows:
Chapter 17.74
FIRE FACILITIES DEVELOPMENT IMPACT FEE
Sections
17.74.010 Legislative findings.
17.74.020 Intent and Purpose.
17.74.030 Definitions
17.74.040 Fire Facilities Development Impact Fee.
17.74.050 Fund Established.
17.74.060 Fee imposed.
17.74.070 Calculation of Fire Facilities Development Impact Fee.
17.74.075 Fee Payments for Phased Development Projects
17.74.076 Fee Adjustments
17.74.080 Payment of fee.
17.74.090 Use of funds.
17.74.100 Refund.
17.74.110 Exemptions and credits.
17.74.120 Appeals
17.74.130 Credit for Construction of Non-Site Related Improvements.
17.74.140 Eligible Expenditures from Fee Reserve Account
17.74.150 Annual report and amendment procedures.
17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision
regulations.
17.74.170 Violation—Penalty.
17.74.180 Severability.
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17.74.010-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 fire suppression/medic facilities, vehicles
and specialty equipment which are needed to serve the increasing development in the
City.
D. Pursuant to the Development Impact Fee Calculation and Nexus Report for the City of
Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012,
which is 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 fire suppression/medic facilities, vehicles and specialty
equipment 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, relocation and expansion of fire stations; the
construction or acquisition of fire suppression/medic facilities, vehicles and specialty
equipment, and increase the number of emergency response vehicles.
E. The fees collected pursuant to this Chapter shall be used to finance the acquisition,
relocation and expansion of fire stations; the construction or acquisition of fire
suppression/medic facilities, vehicles and specialty equipment, and increase the number
of emergency response vehicles identified herein in furtherance of the City General Plan,
the Nexus Report and its attached Master Facilities Plan, and the City of Huntington
Beach Master Improvement Plan.
F. A detailed study of the impacts of future residential and nonresidential construction in the
City, along with an analysis of the need for the acquisition, relocation and expansion of
fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles
and specialty equipment, and increase the number of emergency response vehicles 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 acquisition, relocation and expansion of fire stations; the construction or acquisition
of fire suppression/medic facilities, vehicles and specialty equipment, and increase the
number of emergency response vehicles 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
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the facilities and equipment or portion thereof attributable to the development on which
the fee is imposed.
17.74.020—Intent and Purpose.
A Fire 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 acquisition,
relocation and expansion of fire stations; the construction or acquisition of fire
suppression/medic facilities, vehicles and specialty equipment, and increase the number of
emergency response vehicles and related costs necessary to accommodate such development.
This Chapter is intended to implement 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, which is a part of the Nexus Report, and the City of Huntington Beach
Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of
fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and
specialty equipment, and the increase in the number of emergency response vehicles 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 Fire 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, the Nexus Report and its attached
Master Facilities Plan.
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.
17.74.030 -Definitions. Shall be as set forth in Chapter 17.73 of this Code.
17.74.040 - Fire Facilities Development Impact Fee. There is imposed a Fire Facilities
Development Impact Fee on all non-subdivided, new Residential and Nonresidential
development.
17.74.050 - Fund established. A Fire Facilities Development Impact Fee fund is established.
The Fire Facilities Development Impact Fee fund is a fund to be utilized for payment of the
actual or estimated costs of Fire facilities and equipment as set forth 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
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17.74.060 - Fee imposed.
A. Any person who, 60 days after the effective date of this Development Impact Fee, 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 Fire Facilities Development Impact Fee in the manner and amount as
set forth in the current City of Huntington Beach Fee Resolution separately adopted.
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 Fire Facilities
Development Impact Fee required by this Chapter has been paid to the City.
17.74.070 - Calculation of Fire 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 Fire
Facilities Development Impact Fee due as specified in the current fee resolution setting
the amount of the fee.
B. The Director shall calculate the amount of the applicable Fire 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 Fire 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 Fire 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 Fire 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 Fire 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 Director finds that the accessory
use is related to another principal use.
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17.74.075 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 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.
17.74.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.74.080 Payment of fee.
A. The City shall collect from the applicant the Fire Facilities Development Impact Fee prior
to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final
building permit approval or construction approval for mobilehome pad or pads,
whichever occurs first.
B. Except for any administrative allocated to the City, all funds collected shall be properly
identified and promptly transferred for deposit in the Fire Facilities Development Impact
Fee fund and used solely for the purposes specified in this Chapter.
17.74.090 Use of funds.
A. Funds collected from the Fire Facilities Development Impact Fee shall be used to fund
the costs of providing additional Fire suppression/medic facilities, vehicles and specialty
equipment attributable to new residential and nonresidential construction and shall
include:
1. The acquisition of additional property for fire department facilities;
2. The construction of new facilities for fire department services;
3. The furnishing of new buildings or facilities for fire department services;
4. The purchase of new specialty equipment and vehicles for fire department
services;
5. The funding of a master plan to identify capital facilities to serve new Fire
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.
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B. Funds shall not be used for periodic or routine maintenance or to maintain or repair
existing buildings, and/or existing vehicles or equipment.
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 Fire 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.
17.74.100 Refund.
A. Any applicant who has paid a Fire Facilities Development Impact Fee pursuant to this
Chapter may apply to the Director for a full or partial refund of same, if, within one (1)
year after collection of the Fire 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 Fire
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.
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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 the same procedure
as for a fee adjustment as provided in this Chapter 17.73. The following shall be
exempted from payment of the Fire 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 Fire suppression/medic facilities, vehicles and specialty
equipment 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 Fire suppression/medic facilities, vehicles and specialty
equipment 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 Fire suppression/medic facilities,
vehicles and specialty equipment 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 Fire 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
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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 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 Fire 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.
17.74.120 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-fire-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
17.74.140 Eligible Expenditures From Fee Reserve Account. All monies and interest
earnings in any Reserve Account shall be expended on projects of the nature or type identified in
the Nexus Report, or such other report as may be prepared from time to time to document the
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reasonable fair share of the costs to mitigate the fire suppression/medic facilities, vehicles and
specialty equipment impacts of new development.
17.74.150 Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the Fire Chief
of the City of Huntington Beach shall evaluate progress in implementation of the Fire
Facilities Development Impact Fee and shall prepare a report thereon to the City Council
in accordance with Government Code Section 66006, incorporating among other things:
1. The Fire facilities and equipment commenced, purchased or completed utilizing
monies from the Fire Facilities Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Fire Facilities Development Impact Fees in the fund; and
4. Recommended changes to the Fire Facilities Development Impact Fee, including,
but not necessarily limited to changes in this Fire 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 Fire Facilities Development Impact
Fee rates or schedules may be made by amending the fee resolution. Any change which
increases the amount of the Fire 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 Fire Facilities Development Impact Fee rates or schedules at such
other times as may be deemed necessary.
17.74.160 Effect of Fire Facilities Development Impact Fee on zonine 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.
17.74.170 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 prosecution, the City shall
have the power to sue in civil court to enforce the provisions of this Chapter.
17.74.180 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
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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 n d day of July , 20 12 .
Mayor
ATTEST: INITIATED AND P O ED:
City Clerk V Fire Chief
REVIW9 ZPPROVED:
'
DROVED AS TO FORM:
y ager
Cliy Attorney
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Ord. No. 3943
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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
_ Joan L=.tCitv
k C Clerk and ex-officio erk
f
Se of the City Council of the City
of Huntington Beach, California