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HomeMy WebLinkAboutCity Council - 2002-121 See Interim Emergency Ord. No. 3594 RESOLUTION NO. 2002-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE PAYMENT OF A PARK FEE PURSUANT TO SECTION 230.20 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE WHEREAS, Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach Zoning and Subdivision Ordinance ("City Zoning and Subdivision Code")requires all new commercial and industrial development and all new residential development not covered by Chapter 254 of Title 25, of the City Zoning and Subdivision Code, except for mobile home parks,to pay a park in-lieu fee in accordance with the requirements of Chapter 254 and calculated according to a schedule adopted by City Council resolution; and The City Council has reviewed a report dated December 2001 entitled"City of Huntington Beach Park Strategy and Fee Nexus Study" (hereinafter"Park Fee Study") and an addendum thereto dated September 25, 2002 (hereinafter"Addendum"), which evaluated the impacts of contemplated future development on existing park and recreational facilities within the City of Huntington Beach. The Park Fee Study and Addendum include an analysis of the need for new park and recreational facilities and improvements required by new development and sets forth the relationship between new development,the needed facilities, and the estimated costs of those improvements; and The Park Fee Study and Addendum have been available for public inspection and review prior to consideration of this resolution by the City Council after a public hearing. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY FIND, RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. Findinas. After review of the Park Fee Study and Addendum, other staff reports, and the testimony and information received on this matter, the City Council makes the following findings: 1. That the purpose of the fee to be paid pursuant to Secton 230.20 of Chapter 230 of Title 23 of the City Zoning and Subdivision Code ("Fee") is for the development and rehabiliation of the City's parks and recreational facilities in order to assure that the policies and standards for park, open space and recreational facilities contained in the City's General Plan and described in the Park Fee Study are met. 2. That additional park and recreational facilities will be needed to serve commercial, industrial and residential development within the City subject to Section 230.20 of the City's Zoning and Subdivision Ordinance in order to meet the policies and goals contained in the City's General Plan. 3. That the Fee imposed as a condition of development approval in connection with the construction of new floor area for all commercial, industrial and residential GARESOLUTN\2002\in lieu park-clean.doc 1 Res.No. 2002-121 See Interim Emergency Ord. No. 3594 development projects subject to Section 230.20 of the City Zoning and Subdivision Code, shall be used to develop and rehabilitate park and recreational facilities within the City to assure the provision of park land and recreational facilities needed to serve such development at established City service levels standards within a reasonable period of time. 4. That the Fee hereby imposed is reasonably related to the impacts of new residential, commercial and industrial development because,as determined by the Park Fee Study and the Addendum, future residents will benefit from appropriately planned, and constructed park and recreational facilities. The Fee is reasonably related to the impacts of development on the City's park land and recreational facilities because, and demonstrated by the Fee Study and the Addendum,the type of development subject to the Fee generates increased use of park and recreational facilities throughout the City which necessitates development and rehabiliation of the City's existing park and recreational facilties and acquisition of additional facilities. The Fee proceeds will be used to mitigate these impacts. 5. That there is a reasonable relationship between the amount of the Fee and the portion of the cost of needed park and recreational facilities and/or improvements attributable to new development in the City because the amount of the Fee is based upon the square footage of the proposed development. 6. The fees collected pursuant to this Resolution shall be transferred for deposit into a separate fund from any fees or revenues of the city and all such funds shall be accounted for. The account shall be an interest bearing account and all interest received shall be credited to such account and used solely for purposes of that account. The City shall commit or expend park fees deposited to the account within five years from the date of deposit. SECTION 2. Definitions. For the purposes of this Chapter,the following terms shall be defined as follows: (a) "New development" shall mean the construction of new floor area for a residential, commercial or industrial project; (b) "Commercial or Industrial Development Project" shall mean the construction of New Floor area on a lot in any non-residential zoning district of the City; (c) "Floor Area"shall mean the area of all floors and levels as defined in the Huntington Beach Building Code; (d) "Residential Development Project" shall mean the construction of new Floor Area on a lot in any residential zoning district of the City. SECTION 3. Fee. For new residential development,the Park Fee shall be equal to $0.86 per square foot. For each new commercial development,the fee shall be $ 0.23 per square foot. For each new industrial development,the fee shall be $ 0.23 per square foot. G:\RESOLUTN\2002\in lieu park-clean.doc 2 Res.No. 2002-121 See Interim Emergency Ord. No. 3594 SECTION 4. Payment of Fee. The Park Fee shall be charged upon issuance of any Building Permit. A Park Fee imposed on new commercial or industrial development shall be paid upon issuance of a Building Permit. A Park Fee imposed on new residential development shall be paid prior to the final inspection. SECTION 5. Use of Fee. All fees collected pursuant to Section 230.20 of the City Zoning and Subdivision Code shall be used to finance the park and recreational facilities and improvements identified in the "Park Development and Rehabilitation Capital Improvement Plan" as adopted by the City Council on an annual basis. SECTION 6. Exemptions. The following development shall be exempt from the payment of fees pursuant to this Section: 1. Development of real property into housing units that are either 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, and provided that the applicant executes an agreement, in the form of a deed restiction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-in- interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period of thirty years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. 2. Reconstruction of any residential, commercial, or industrial development project tht is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction to be assesed a fee. SECTION 7. California Environmental Quality Act. The City Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQA") under Section 15273(a)(4) of the California Code of Regulations, commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because there is no reasonable possibility that the modification of the parkland in-lieu fee could negatively affect the physical environment. To the contrary,the Fees will be collected to mitigate the environmental impacts of new development on the City's park and recreational facilities. Any environmental impacts associated with specific projects that may be undertaken with Fee proceeds will be assessed as each project is formulated. The City Council also hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted the City Council pursuant to Resolution No. 4501,which provides that minor amendments to zoning ordinances that do not change the development standards intensity or density are exempt as a Class XX exemption. GARESOLUM2002\in lieu park-clean.doc 3 Res.No. 2002-121 See Interim Emergency Ord. No. 3594 SECTION 8. Effective Date. This Resolution shall take effect immediately. SECTION 9. Resolution No. 6226 is hereby repealed. SECTION 10. The Park Fee Study and the Addendum are hereby approved and adopted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2002. ATTEST: �CQ'( NI.5 BROCKWAY City Clerk y TM Mayor vt, REVIEWED AND APPROVED: APPROVED AS TO FORM: C City Admin' ator City Attorney/i/3/l z - b INITIATED AND APPROVED: irec r of Community Se es v G:\RESOLUTN\2002\in lieu park-clean.doc 4 Res. No. 2002-121 See InterimEmergency Ord. No. 3594 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 18th day of November, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None CONNIE BROCKWAY City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California