HomeMy WebLinkAboutOrdinance #3945 ORDINANCE NO. 3945
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
DELETING CHAPTER 17.66 OF THE HUNTINGTON BEACH MUNICIPAL
CODE AND ADDING CHAPTER 17.67 RELATING TO LIBRARY
DEVELOPMENT IMPACT FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 17.66 of the Huntington Beach Municipal Code is hereby deleted
in its entirety.
SECTION 2. Chapter 17.67 is hereby added to the Huntington Beach Municipal Code
said Chapter to read as follows:
Chapter 17.67
LIBRARY DEVELOPMENT IMPACT FEES
Sections:
17.67.010 Intent and Purpose
17.67.015 Legislative Finding
17.67.020 Definitions
17.67.030 Establishment of a Library Development Impact Fee
17.67.035 Fund Established
17.67.036 Fee imposed.
17.67.040 Exemptions and Credits
17.67.045 Calculation of Required Fees
17.67.050 Payment of Fees
17.67.055 Fee Payments for Phased Development Projects
17.67.060 Refund
17.67.065 Use of Funds
17.67.070 Fee Adjustments
17.67.072 Appeals
17.67.075 Credit for Construction of Non-Site-Related Improvements
17.67.080 Eligible Expenditures From Fee Reserve Account.
17.67.090 Annual report and amendment procedures.
17.67.100 Effect of Library Development Impact Fee on zoning and subdivision
regulations.
17.67.110 Violation—Penalty.
17.67.120 Severability.
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Ordinance No. 3945
17.67.010 Intent and Purpose. The purpose of this Chapter is to establish a Library
Development Impact Fee upon future Development Projects, an equitable share of the cost of
mitigating future Library Facility needs created by such projects.
A Library Development Impact Fee is being created for the purpose of assuring that the impacts
created by new developments in the City of Huntington Beach pay a fair share of the
proportional costs required for expansion of library facilities and collections.
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, as well as following recommendations in the Master Facilities
Plan, a part of the Nexus Report (as described below), and the City of Huntington Beach Capital
Improvement Plan by ensuring that the City's expansion of library facilities and collections 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 Library Services,
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 Repor6.
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.
17.67.015 L,euislative Findines.
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 development in the City increases the demand on the amount of
library space and collection items.
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 library services attributable to applicable new residential
development. This study is based in part upon master planning to more specifically
identify capital facilities to serve new development; the expansion of the amount of
library facilities space and the number of collection items in the systems.
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E. The fees collected pursuant to this Chapter shall be used to finance the expansion of
library facilities and collections identified herein in furtherance of the City's General
Plan, as well as the Master Facilities Plan which is a part of the Nexus Report and the
City of Huntington Beach Capital Improvement Plan.
F. A detailed study of the impacts of future residential construction in the City, along with
an analysis of the need for the expansion of library facilities and collections 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 expansion of library facilities and collections 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 collections or portion thereof attributable to the development on
which the fee is imposed.
17.67.020 Definitions. Shall be as set forth in Chapter 17.73 of this Code
17.67.030 Establishment of a Library Development Impact Fee. There is imposed a Library
Development Impact Fee on all new non-subdivided Residential and Nonresidential development
in the City.
17.67.035 Fund Established. A Library Development Impact Fee fund is established. The
Library Development Impact Fee fund is a fund to be utilized for payment of the actual or
estimated costs of Library services and collections 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 construction.
17.67.036 - 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 Library 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, 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 Library Development
Impact Fee required by this Chapter has been paid to the City.
17.67.040 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
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must be filed in the same manner and will be considered pursuant to the same procedure
as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted
from payment of the Library 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 library 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 library 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 library 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 Library 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 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
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Ordinance No. 3945
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 Library 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.
17.67.045 Calculation of Reguired Fees.
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 Library
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 Library 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 Library 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 Library 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 Library 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 Library
Development Impact Fee amount as established by the current fee resolution. The
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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.
17.67.050 Payment of Fees.
A The City shall collect from the applicant the Library 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 adjustment charge allocated to the City all funds collected shall be properly
identified and promptly transferred for deposit in the library facilities impact fee fund and
used solely for the purposes specified in this Chapter.
17.67.055 Fee Payments for Phased Qevelo]2ment Proiects. 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.
17.67.060 - Refund.
A. Any applicant who has paid a Library 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 Library 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 Library 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
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Ordinance No. 3945
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.
17.67.065 Use of Funds
A. Funds collected from the Library Development Impact Fee shall be used to fund the costs
of expansion of the amount of library space and the number of collection items in the
Library's collection attributable to new residential construction and shall include:
1. The acquisition of additional property for Library expansion;
2. The construction of new facilities for Library Services;
3. The furnishing of new buildings or facilities for Library Services;
4. The purchase of Library collections to expand the collections;
5. The funding of a master plan to identify capital facilities to serve new users and
patrons;
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, 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.
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 Library Development Impact Fees may be expended, 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.
17.67.070 Fee Adjustments Shall be as set forth in Chapter 17.73 of this Code
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Ordinance No. 3945
17.67.072 Appeals Shall be as set forth in Chapter 17.73 of this Code
17.67.075 Credit for Construction of Non-Site-Related Improvements. Applications for
credit for construction of non-site-related improvements shall include acceptable engineering
drawings, specifications and construction cost estimates submitted to the Director. The Director
shall determine the amount of the credit for improvement construction 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.
17.67.080 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 to
document the reasonable fair share of the costs to mitigate the impact of new development on the
expansion of Library Services and collections.
17.67.090 Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the Director
of Library Services of the City of Huntington Beach shall evaluate progress in
implementation of the Library 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 expansion of Library Services and collections commenced, purchased or
completed utilizing monies from the Library Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Library Development Impact Fees in the fund; and
4. Recommended changes to the Library Development Impact Fee, including, but
not necessarily limited to changes in this Library Development Impact Fee
chapter or 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 Library Development Impact Fee
rates or schedules may be made by amending the fee resolution. Any change which
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Ordinance No. 3945
increases the amount of the Library 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 Library Development Impact Fee rates or schedules at such other times as
may be deemed necessary.
17.67.100 Effect of Library 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.
17.67.110 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.
17.67.120 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 3. 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 , 2012
Mayor
ATTEST:
L � INITIA;TED AND A PP - VED:
City Clerk
Director of Library Services U
REVIE D APPROVED:
APPROVED AS TO FORM:
t ager ---- n n
City Attorney
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Ord. No. 3945
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
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 July 12,2012.
In accordance with the City Charter of said City
_ loan L. Flynn, Cily Clerk CU Clerk and ex-officio erk
AnpI', ' Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California