HomeMy WebLinkAboutOrdinance #3947 ORDINANCE NO. 3947
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 17.73 RELATING TO GENERAL PROVISIONS
FOR 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
17.73, said chapter to read as follows:
Chapter 17.73
DEVELOPMENT IMPACT FEE(S) - GENERAL
Sections
17.73.010 Definitions
17.73.020 Fee(s)Adjustment
17.73.030 Appeals.
17.73.040 Judicial Review
17.73.010 Definitions. As used in this Chapter:
(a) "Applicant" means the property owner, landowner or duly designated agent thereof, that
applies for a permit or other entitlement for a new development permit.
(b) "Attached Dwelling Unit" [term is used in Thorpe report] shall mean shared living
quarters with two or more dwelling units on a site, without separate kitchen or bathroom
facilities for each room or unit. This classification includes boarding houses.
(c) "Building permit" means the City permit required for new building construction and/or ---
additions which add square footage pursuant to Title 17 of this Code. Neither a grading
permit, nor a foundation permit shall be considered a building permit for purposes of this
Chapter.
(d) "Calculation" means the point in time at which the City calculates the development
impact fee(s) to be paid by the applicant. Calculation will generally occur at the time of
issuance of the applicable building permit or construction approval for a residential or
commercial/industrial development or mobilehome pad but may occur earlier in the
development approval process.
(e) "Chief'may mean the Chief of Police or Fire Chief.
(f) "City" shall mean the City of Huntington Beach.
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(g) "City Manager" means the City Manager or his/her designee of the City of Huntington
Beach.
(h) "Collect" or "collection" means the point in time at which the development impact fee(s)
are paid by the applicant. Collection will occur on the date of final inspection or the date
a certificate of occupancy or temporary certificate of occupancy, whichever occurs first,
or in the case of a mobilehome pad or pads, collection will occur at or on the date of
construction approval is issued.
(i) "Collections" shall mean books, magazines, DVDs, compact disks, computer programs,
digital resources and other reference and circulation materials.
(j) "Commercial or Industrial Development Project" shall mean the construction of new
Floor Area on a lot in any of the Non-Residential Zoning Districts of the City.
(k) "Community Use Facilities" shall mean facilities dedicated for community use for social,
community and educational groups.
(1) "Detached Dwelling Unit" shall mean a detached building or buildings designed
primarily for use as a dwelling, with one or more habitable rooms with only one kitchen,
and designed for occupancy as a unit by one or more persons living as a household unit
with common access to all living, kitchen and bathroom areas, no portion of which is
rented as a separate unit.
(m) "Development" means the addition of new dwelling units and/or new nonresidential
square footage to an undeveloped, partially developed or redeveloped site and involving
the issuance of a building permit and certificate of occupancy for such construction,
reconstruction or use. Development may also include expanded uses that create additional
impacts on City facilities, infrastructure or park land. Development also includes the
approval and construction of new mobilehome pads in existing or new mobilehome parks
or sites, but not including the following so long as no additional dwelling units or gross
floor area is added:
1. A permit to operate;
2. A permit for the internal alteration, remodeling, rehabilitation, or other
improvements or modifications to an existing structure;
3. The rebuilding of a structure destroyed by an act of God or the rehabilitation or
replacement of a building in order to comply with the City's seismic safety
requirements;
4. Parking facilities; or
5. The rehabilitation or replacement of a building destroyed by imminent public
hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance except
where said destruction was caused or in any manner accomplished, instigated,
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motivated, prompted, incited, induced, influenced, or participated in by any
persons or their agents having any interest in the real or personal property at the
location.
(n) "Development Project" means any residential, commercial or industrial Development
Project. shall mean any construction, addition, alteration or other change of use of a
building or land that requires the City to issue a grading, building, plumbing, mechanical,
or electrical permit, or any other form of entitlement.
(o) "Director" may mean the Director of Community Services; Director of Library Services;
Director of Planning and Building, or Director of Public Works.
(p) "Dwelling unit" or "DU" is as defined in Section 203.06 of the Huntington Beach Zoning
and Subdivision Ordinance ("ZSO").
(q) "Fee resolution" means and refers to the City resolution specifying the development
impact fee(s) per dwelling unit or mobilehome pad for residential development and per
gross square foot of floor area for nonresidential development, by type and by location.
(r) "Fees Calculation Report" shall mean the report prepared for the City entitled
"Development Impact Fee(s) Calculation and Nexus Report for the City of Huntington
Beach" dated October, 2011.
(s) "Floor Area" shall mean the area of all floors and levels as defined in the ZSO.
(t) "Government or Public Facilities" shall mean publicly owned buildings and structures
used for the purposes of conducting City, County, State of Federal Government business.
Such facilities shall include, but not be limited to, city halls, police and fire stations,
offices, equipment yards, sanitation facilities, schools, recreation centers, and similar
facilities. Private commercial Development Projects leasing publicly owned land shall
not be considered Government or Public Facilities.
(u) "Gross square feet" or "gsf' means the area of a nonresidential development measured
from the exterior building lines of each floor with respect to enclosed spaces but
excluding parking spaces whether or not enclosed. For purposes of this Chapter, the term
"enclosed spaces" specifically includes, but is not limited to, an area available to and
customarily used by the general public and all areas of business establishments generally
accessible to the public such as fenced, or partially fenced in areas of garden centers
attached to and serving the primary structure.
(v) "Land Use Category" shall mean any of the specific land uses that have been listed in the
fair share implementation resolution authorized pursuant to Section 17.65.050, and used
to provide the basis for future development impact projections.
(w) "Library Facilities" shall mean library building space and library materials, which are
owned and operated by the City of Huntington Beach.
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Ordinance No. 3947
(x) "Library Materials" shall mean books, magazines, DVDs, compact disks, computer
programs, digital resources and other reference and circulation materials.
(y) "Master Facilities Plan" shall mean the report prepared for the City entitled Development
Impact Fee Master Facilities Plan, prepared by Revenue & Costs Specialists, LLC, dated
October 2011.
(z) "Mobilehome" shall mean a structure transportable in sections which is a minimum of 8
feet in width and 40 feet in length, built on a permanent chassis, and designed to be a
dwelling with or without a permanent foundation.
(aa) "Nonresidential development" means a development undertaken for the purpose of
creating gross floor area, excluding dwelling units, but which includes, and is not limited
to commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the
issuance of a building permit for such construction, reconstruction or use.
(bb) "Planning and Building Director" shall mean the Planning and Building Director of The
City of Huntington Beach or his/her designee.
(cc) "Planning Department" shall mean the Planning Department of the City of Huntington
Beach.
(dd) "Police Department" means the Police Department of the City of Huntington Beach.
(ee) "Residential development" means a development undertaken for the purpose of creating a
new dwelling unit or units and involving the issuance of a building permit and certificate
of occupancy for such construction, reconstruction or use, or the construction approval
for a mobilehome pad or pads.
(ff) "Residential Development Project" shall mean the construction of a dwelling unit on a lot
in any of the residential zoning districts of the City. For purposes of this Chapter, the
addition of Floor Area shall be considered construction of a Residential Development
project if the additional Floor Area exceeds fifty (50) percent of the existing Floor Area,
as determined by the Director of Planning and Building.
(gg) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or
traffic improvements that must be constructed on the site of a new development project in
order to comply with applicable City development regulations and standards.
(hh) "Surface Transportation System" shall mean the City's system of streets, roads and
intersections traversed by automobiles and other vehicles.
(ii) "Trip-Miles" shall mean the number of Vehicle Trips multiplied by the average trip
length for a specified use as identified in the"Fee Calculation Report".
6j) "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land,
as specified in the most recent edition of the Institute of Transportation Engineers, Trip
Generation, and at the discretion of the Public Works Director when the reference
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document does not provide a reasonable representation of vehicle trips for a specific use,
special studies or alternative reference documents may be used.
17.73.020 Fee Adjustments
(a) An applicant for a New Development Project subject to a fee required by Title 17 of this
Code may apply to the City for a refund, reduction, adjustment or waiver of the fee.
(b) Circumstances That May Jify a Fee Adjustment. Examples of circumstances that may
justify a fee adjustment include, but are not necessarily limited to the following:
(1) The Development Project includes an existing building that is proposed to be
demolished, provided the building proposed to be demolished was capable of being
used at the time of the Development Project application, and sufficient information
about its prior use is available. Any such adjustment is limited to the amount of the
fee that would otherwise be due for the New Development Project.
(2) The physical or operating characteristics (e.g., hours of operation) of the New
Development Project are substantially different from the land use on which the fee
calculation is based.
(3) The New Development Project includes multiple land uses that are complementary.
(4) Property values are worth less than the City's estimated value in the methodology.
Likewise, the City may present evidence in the form of an appraisal and the value is
in excess of that used in the methodology.
(c) An application for a fee adjustment shall be made and decided as follows:
(1) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be made on a form provided by the
Director of Planning and Building or his/her designee and shall be filed with the
Director of Planning and Building not later than:
(A) thirty (30) days prior to the first public hearing on an applicable discretionary
permit application for the Development Project, pursuant to the City Zoning and
Subdivision Ordinance; or
(B) if no such discretionary permit is required, at the time of application for a
building permit for the Development Project.
(d) Each application shall state in detail the factual basis for the requested fee reduction,
adjustment or waiver. The Director of Planning and Building shall determine if the
application is complete, and if not, may cause the public hearing to be continued until the
application is determined to be complete. The Director shall act within 10 days after
receipt of the completed application to approve or deny the application.
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17.73.030 Appeals.
(a) An applicant may appeal, by protest, any imposition of the development impact fee(s) by
filing a notice of appeal with the City Manager or his/her designee or his/her designee
within ninety(90) days after the applicant pays the required development impact fee(s).
(b) A valid appeal by protest of the imposition of the development impact fee(s) shall meet
all of the following requirements:
1. Tendering in advance of the appeal any required payment in full or providing
assurance of payment satisfactory to the City Manager or his/her designee;
2. Serving written notice on the City Manager or his/her designee including:
(A) A statement that the required payment has been tendered under protest or
that required conditions have been satisfied;
(B) A statement informing the City Manager or his/her designee of the factual
elements of the dispute and the legal theory forming the basis of the
protest;
(C) The name and address of the applicant;
(D) The name and address of the property owner;
(E) A description and location of the property;
(F) The number of residential units or nonresidential gross square footage
proposed, by land use or dwelling unit type, as appropriate; and
(G) The date of issuance of the building permit.
(c) The City Manager or his/her designee shall schedule a hearing and render a final decision
on the applicant's appeal within sixty (60) days after the date the applicant files a valid
appeal.
(d) The hearing shall be administrative. Evidence shall be submitted by the City Manager or
his/her designee and by the applicant and testimony shall be taken under oath.
(e) The burden of proof shall be on the applicant to establish that the applicant is not subject
to the imposition of the development impact fee(s) pursuant to the applicable
development impact fee ordinance and applicable state law.
(f) If the development impact fee(s) has been paid in full or if the notice of appeal is
accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the
City Manager or his/her designee in an amount equal to the development impact fee(s)
calculated to be due, the application for the building permit or mobilehome construction
approval shall be processed. The filing of a notice of appeal shall not stay the imposition
or the collection of the development impact fee(s) calculated by the City to be due unless
sufficient and acceptable surety has been provided.
(g) Any petition for judicial review of the City Manager's final decision shall be made in
accordance with applicable state law and after the administrative remedies proscribed
herein have been exhausted.
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1. Hearing. The City Manager or his/her designee shall consider the fee(s)
adjustment application prior to the public hearing as the application for a
discretionary development permit for the Development Project, or, if no such
permit is required, the City Manager or his/her designee shall consider the
application at a separate hearing within (sixty) 60 days after the fee(s) adjustment
application is deemed complete by the City Manager or his/her designee.
2. Appeal. Any person may appeal the decision of the City Manager or his/her
designee to the City Council, by filing a written appeal with the City Clerk within
ten (10) days of the City Manager or his/her designee's decision.
17.73.040 Judicial review.
(a) Any judicial action or proceeding to attack, review, set aside, void or annul the
development impact fee ordinance, or any provision thereof, or resolution, or amendment
thereto, shall be commenced within ninety (90) days of the effective date of the
ordinance, resolution, or any amendment thereto.
(b) Any judicial action or proceeding to attack, review, set aside or annul the imposition or
collection of a development impact fee(s) on a development shall be preceded by a valid
appeal by protest pursuant to Section 17.73.030 hereof and a final decision of the City
Manager or his/her designee pursuant thereto and shall be filed and service of process
effected within ninety (90) days after the hearing on appeal regarding the imposition of
development impact fee(s) upon the development.
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 , 2012 .
Mayor
ATTEST:
'00� ) ,5/. /J. INITIATED AND APPROVED:
City Clerk V
Deputy City Manager
REVIt
D APPROVED:
A AS TO FORM:
�iqyanager
C Attorney \ti
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Ord. No. 3947
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 to
Independent on July 12,2012.
In accordance with the City Charter of said City
Joan L.Flynn, Qfty Clerk �Clerkand ex-officio erk
- senior Deputy city Clerk of the City Council of the City
of Huntington Beach, California