HomeMy WebLinkAboutOrdinance #3946 ORDINANCE NO. 3946
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 17.76 RELATING TO PARKLAND ACQUISITION
AND PARK FACILITIES DEVELOPMENT IMPACT FEES
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 17.76, said chapter to read as follows:
Chapter 17.76
PARKLAND ACQUISITION AND PARK FACILITIES
DEVELOPMENT IMPACT FEES
Sections
17.76.010 Legislative findings.
17.76.020 Intent and Purpose.
17.76.030 Definitions.
17.76.040 Parkland Acquisition, and Park Facilities Development Impact Fee.
17.76.050 Fund Established.
17.76.060 Fee imposed.
17.76.070 Calculation of Parkland Acquisition and Park Facilities Development Impact
Fee.
17.76.075 Fee Payments for Phased Development Projects
17.76.076 Fee Adjustments.
17.76.080 Payment of fee.
17.76.090 Use of funds.
17.76.100 Refund.
17.76.110 Exemptions and credits.
17.76.120 Appeals.
17.76.130 Credit for Construction of Non-Site Related Improvements.
17.76.140 Eligible Expenditures from Fee Reserve Account
17.76.150 Annual report and amendment procedures.
17.76.160 Effect of Parkland Acquisition and Park Facilities Development Impact Fee on
zoning and subdivision regulations.
17.76.170 Violation—Penalty.
17.76.180 Severability.
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17.76.010 -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. A well-planned park system, with a variation in the size and nature of facilities offered
is an important amenity to residents of the City. The City considers a mixture of
passive and active park space uses optimal. Future residential development that does
not require subdivision, will impact the City's existing park system by creating
additional park users thus necessitating additional space for athletic fields, community
facilities "tot lots," and other active uses and passive uses as well as passive space for
businesses to enjoy.
D. Funds to pay for the cost of acquisition and development of additional parkland and
development of currently owned but underutilized parkland as well as development of
facilities will be needed to serve the increasing users caused by development in the
City. Without additional parks, parks development and community facilities, the
City's current parks and community facilities will become overcrowded and overused.
E. 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 parkland acquisition, park development and community
facilities 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
parkland and park development and community facilities.
F. The fees collected pursuant to this Chapter shall be used to finance the acquisition,
relocation and expansion of parkland, park development, and community facilities in
furtherance of the City General Plan, as well as identified in the Nexus Report, and the
attached City of Huntington Beach Master Facilities Development Plan, and the City
of Huntington Beach Capital 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 parkland and park facilities development is set forth 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 parkland, park development,
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community facilities, 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 or portion
thereof attributable to the development on which the fee is imposed.
17.76.020—Intent and Purpose.
A Parkland Acquisition and Park 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 costs for the acquisition, relocation and expansion
of parkland, park development and community use facilities and related costs necessary to
accommodate such development. This fee was once identified as a development impact fee in
Resolution 2002-129 created pursuant to Huntington Beach Zoning and Subdivision
Ordinance section 230.20.
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 acquisition, relocation and expansion of
parkland and community facilities development 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 parklands, together with funding available from
other City revenue sources, the City will be able to purchase land and construct the required
capital improvements to 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.
17.76.030 -Definitions. Shall be as set forth in Chapter 17.73 of this Code.
17.76.040 - Parkland Acquisition and Park Facilities Development Impact Fee. There is
imposed a Parkland Acquisition and Park Facilities Development Impact Fee on all non-
subdivided new residential and nonresidential development.
17.76.050 - Fund established. A Parkland Acquisition and Park Facilities Development
Impact Fee fund is established. The Parkland Acquisition and Park Facilities Development
Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of
parkland acquisition and community facilities development as set forth in Chapter 8 of the
Nexus Report which includes the City of Huntington Beach 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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17.76.060 -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 by
obtaining a building permit or other discretionary approval is required to pay a
Parkland Acquisition and Park 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 building permit
approval for the activities listed in this Chapter, shall be issued unless and until the
Parkland Acquisition and Park Facilities Development Impact Fee required by this
Chapter has been paid to the City.
17.76.070 - Calculation of Parkland Acquisition and Park 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
Parkland Acquisition and Park 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 Parkland Acquisition and
Park Facilities Development Impact Fee due by:
1. Determining the number and type of dwelling units in a residential
development and multiplying the same by the Parkland Acquisition and Park
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 Parkland Acquisition and Park 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 Parkland Acquisition and Park 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
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two (2) or more nonresidential principal uses, and multiplying the same by the
Parkland Acquisition and Park 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.
17.76.075 Fee Payments for Phased Development Proie� cts. 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.
17.76.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 Payment of fee.
A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities
Development Impact Fee prior to the issuance of a certificate of occupancy, temporary
certificate of occupancy, or final building permit approval.
B. Except for any administrative charge allocated to the City, all funds collected shall be
properly identified and promptly transferred for deposit in the Parkland Acquisition
and Park Facilities Development Impact Fee fund and used solely for the purposes
specified in this Chapter.
17.76.090 Use of funds.
A. Funds collected from the Parkland Acquisition and Park Facilities Development
Impact Fee shall be used to fund the costs of providing the acquisition, relocation and
expansion of parkland and park facilities development attributable to new residential
and nonresidential construction and shall include:
1. The acquisition of additional property for the expansion of parkland and
community facilities development;
2. The construction of new parks and park facilities and community use facilities
(except for non-residential as set forth in the Nexus report). Two percent of
fee collected shall be used to fund public art in city parks;
3. The funding of a master plan to identify capital facilities to serve new parkland
and park facilities and community use facilities development;
4. The cost of financing (e.g., interest payments).
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5. Projects identified in 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 park acquisition and development projects.
B. Funds shall not be used for periodic or routine maintenance or to maintain or repair
existing parkland or park facilities or community facilities.
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 Parkland Acquisition and Park Facilities 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.
17.76.100 Refund.
A. Any applicant who has paid a Parkland Acquisition and Park Facilities Development
Impact Fee(s) 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 Parkland Acquisition and
Park 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 Parkland Acquisition and Park Facilities 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 Parkland Acquisition and Park 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 17.73.030 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
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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.
17.76.110 Exemptions and credits.
A. Exem tp ions. Any claim of exemption must be made no later than the time of
application for a building permit or 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 Parkland Acquisition and Park 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 relocation and expansion of parkland and park facilities
development 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 relocation or expansion of parkland and
park facilities development 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 acquisition, relocation or expansion of
parkland and park facilities development over and above those
provided by the principal building or use of the land;
d. Construction, replacement or rebuilding of a single-family dwelling
(one (1) unit per lot) on an existing lot of record, 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
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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 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 Parkland Acquisition and Park 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.
17.76.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code.
17.76.130 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.
17.76.140 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 to
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document the reasonable fair share of the costs to mitigate the acquisition, relocation and
expansion of parkland and park facilities development impacts of new development.
17.76.150 Annual report and amendment procedures.
A. Within one hundred eighty (180) days after the last day of each fiscal year, the Deputy
City Manager of the City of Huntington Beach shall evaluate progress in
implementation of the Parkland Acquisition and Park 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. Any parkland acquisition, park development and community facilities
development commenced, purchased or completed utilizing monies from the
Parkland Acquisition and Park Facilities Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Parkland Acquisition and Park Facilities Development Impact
Fees in the fund; and
4. Any recommended changes to the Parkland Acquisition and Park Facilities
Development Impact Fee, including, but not necessarily limited to changes in
this Parkland Acquisition and Park Facilities 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 Parkland Acquisition and
Park Facilities Development Impact Fee rates or schedules may be made by amending
the fee resolution. Any change which increases the amount of the Parkland
Acquisition and Park 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 Parkland Acquisition and Park Facilities Development Impact
Fee rates or schedules at such other times as may be deemed necessary.
17.76.160 Effect of Parkland Acquisition And Park 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.
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17.76.170 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.
17.76.180 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 n d day of July , 20 12
Mayor
ATTEST:
INITI T AN PROVED:
City Clerk
Deputy City Manager
REVI ND APPROVED:
APPROVED AS TO FORM:
i anager -f
City Attorney S / l -2,
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Ord. No. 3946
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 °
Joan L. Flynn, City Clerk Ci Clerk and ex-officio Gerk
senior De ut cit Clerk of the City Council of the City
of Huntington Beach, California