HomeMy WebLinkAboutCity Council - 2018-85 RESOLUTION NO. 2018-85
RESOLUTION NO. 2018-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE EXISTING DEVELOPMENT IMPACT FEE SCHEDULE TO INCLUDE
ACCESSORY DWELLING UNITS AND REMOVING REFERENCES TO DEVELOPMENT
IMPACT FEES FROM THE MASTER FEE SCHEDULE
WHEREAS, several policies within the City's General Plan require that new
development mitigate its share of impacts to the natural and built environments and be fiscally
neutral so as to not result in a net economic loss for the City; and
Such General Plan policies include the maintenance of existing quality of life,
maintenance of existing service levels and funding of new facilities, the requirement of new
development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund
needed improvements to serve new development, amount other policies; and
In accordance with these General Plan policies, the City Council has directed staff in the
past to create development impact fees in accordance with State law. Said impact fees were
codified in Chapters 17.65, 17.67, 17.73, 17.74, 17.75, and 17.76, (collectively, the "DIFs"), of
the Huntington Beach Municipal Code. Pursuant to each ordinance set forth above, the amount
of the DIFs was set by Resolution No. 2012-23 based upon the report of Revenue & Cost
Specialists, LLC (the "Consultant"), entitled Development Impact Fee Calculation and Nexus
Report for the City of Huntington Beach, dated October 2011 and amended in April 27, 2012 (the
``Nexus Report"); and
Subsequently, the State of California has promoted the construction of Accessory
Dwelling Units ("ADUs") in single-family and multi-family zones as a means to provide
additional rental housing. Effective January of 2017, SB 1069 was codified (Chapter 720,
Statutes of 2016) which made several changes to address barriers to the development of ADUs.
One such change pertains to fees and provides that DIFs shall not be charged for ADUs that are
incorporated into existing square footage and that for attached or detached ADUs that result in
new square footage, the fee must be proportionate to the burden of the unit and may not exceed
the reasonable cost of providing the service; and
The City retained the services of the Consultant to provide analysis and demonstrate the
nexus between the impact created by ADUs and the amount of the fee, and the projected burden
that ADUs will create on the City's infrastructure. This information is contained in a
memorandum dated December 3, 2018, entitled Imposition of Development Impact Fees on
Accessory Dwelling Units (the "ADU Nexus Report"); and
The ADU Nexus Report has been available for public review and comment; and,
Further, while leaving Resolution No. 2012-23 unamended and in place, the City
incorporated the Development Impact Fees into the Consolidated Comprehensive Citywide
Master Fee and Charges Schedule pursuant to Resolution No, 2016-59. The City desires to
remove the Development Impact Fees from the Fee and Charges Schedule, and amend
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RESOLUTION NO. 2018-85
Resolution No. 2012-23 to establish and add Development Impact Fees Resolution for ADUs.
The amount of all DIFs is attached as Exhibit A; and
To solicit public input on the proposed DIFs for ADUs, and in compliance with the
Mitigation Fee Act, California Government Code section 66000 et seq., the City Council held a
noticed public hearing on the ADU Nexus Report and on DIFs for ADUs at its regular meeting on
December 17, 2018,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Findings pursuant to Government Code section 66001. The City Council finds and
determines that the ADU Nexus Report complies with California Government Code section 66001,
and as to each of the proposed fees to be imposed on ADUs:
(a) Identifies the purpose of the fee;
(b) Identifies the use to which the fee will be put;
(c) Shows a reasonable relationship between the use of the fee and the type of
development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities
and the type of development projects on which the fee is imposed; and
(e) Demonstrates a reasonable relationship between the amount of the fee and the cost
of the public facilities or portion of the public facilities attributable to the
development on which the fee is imposed.
2. Fees for Uses Consistent with the ADU Nexus Report. The City Council hereby
determines that the DIFs for ADUs imposed, pursuant to this Resolution shall be used solely to
finance the public facilities and/or equipment and park land acquisition described or identified in
the respective ordinances and ADU Nexus Report.
3. Approval of ADU DIFS as set forth in the ADU Nexus Report. Pursuant to
Resolution No. 2012-23, the City Council approved the specific public facilities, equipment and
park land acquisition cost estimates identified in the Nexus Report. As set forth in the ADU Nexus
Report, the City Council finds that there is a nexus between the impacts of ADUs and the public
facilities, equipment and park land acquisition identified in the Nexus Report such that the ADU
Impact Fees are necessary to mitigate the impact of ADUs. The Council further finds that, as set
forth in the ADU Nexus Report, the cost estimates contained in the Nexus Report are a reasonable
basis for calculating and imposing the ADU DIFS.
4. Consistency with General Plan. As set forth in the ADU Nexus Report, the City
Council finds that ADU Impact Fees are necessary to mitigate the impact of ADUs on City
infrastructure.
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5. CEQA Finding. The adoption of the ADU Nexus Report and the establishment of
ADU Impact Fees are not subject to the California Environmental Quality Act in that pursuant to
CEQA Guidelines, section 15378(b) (4), the creation of government funding mechanisms which
do not involve any commitment to any specific project which may cause a significant effect on the
environment, is not defined as a "project" under CEQA.
6. Adoption of Report. The ADU Nexus Report, including Appendices, is hereby
adopted.
7. Amount of Impact Fees. The City Council hereby amends the DiFs to include
ADU DIFS and adopts the DIFS as a stand-alone fee schedule as set forth in Exhibit"A,"
attached hereto and incorporated herein. The amount of the DIFS, including those for ADUs,
but excluding traffic impact fees, shall be automatically modified annually pursuant to the
percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer
Price index (CPI) or any relevant successor for the Orange County area, from March to March of
the preceding twelve (12) months.
Traffic impact fees, including traffic impact fees on ADUs, shall be increased using
the Engineering News Record's construction cost index as reported for the twelve month period
ending in March of each year.
The escalator indices provided for only the ADU DIFS shall not take effect until
March of 2020, but this limitation shall not affect the escalator indices for all other DIFS.
8. Use of DIFS. The DIFS shall be solely used for the purposes described in the
respective Ordinances and Resolutions creating the DIFS and their associated Nexus Reports.
DIFS collected pursuant to existing Ordinances and Resolutions shall be maintained
and used exclusively for those purposes and accounts for these Fees shall remain in effect and shall
be maintained by the City Manager or his/her designee. Fees collected under any of the categories
listed in the ADU Nexus Report may be used to finance the construction or implementation of any
public facility listed in those categories to the extent that use of the fees may not exceed the
percentage allocated to new development of all of the public facilities listed in the category, or
sub-category.
9. Fee Determination by Type of Use.
A. Residential Development. DIFS for residential development shall be based
upon the type of unit constructed. The DIF categories as shown in Exhibit A generally correspond.
to the City's land use designations in the land use element of the City's General Plan.
B. Nonresidential Land Uses. DIFS for nonresidential land uses shall be based
upon the square footage of the building or other measurement detailed in the respective
development impact fee ordinances. The DIF categories as shown in Exhibit A generally
correspond to the City's land use designations in the land use element of the City's General Plan.
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C. Uses Not Specified. In the event that there are land uses not specified in
Exhibit A, the DIF for such use shall be determined by the City Manager or his/her designee who
shall determine such fee based on an analysis of the impacts of the proposed use on public facilities,
equipment and/or park land.
10. Severability. If any action,subsection, sentence,clause or phrase of this Resolution,
the ADU Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by
a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining
portions of this Resolution, the, or other attachments thereto or fees levied by this Resolution that
can be given effect without the invalid provisions or application of fees. In the event any section
of this Resolution is held invalid the previously adopted affected fees shall be automatically
reinstate as if never repealed or modified herein.
11. Effective Date. Consistent with California Government Code Section 66017(a),the
DIFs as identified in attached Exhibit "A" adopted by this Resolution shall take effect sixty (60)
days following final action taken on the respective ordinances or amendments thereto by the City
Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of December , 2018.
Mayor
REVIEW PPROVED: INITIATED AND PPROVED:
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City N/Aaw fCommunity Development Director
APPROVED ORM:
City Attorney = %r
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Page 1 Exhibit A
Resolution No. 2018-85
Development Impact Fees
(per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF)
Circulation Park Land/
Systems Open Space&
Law Fire (Streets, Facilities
Enforcement Suppression Signals, Public Library (No Tract
Land Use Facilities Facilities Bridges) Facilities Map)
Detached Dwelling Units(per Unit) $ 362.05 $ 844.11 $ 2,385.00 $ 1,179.72 $ 16,554.73
Attached Dwelling Units(per Unit) $ 746.48 $ 349.85 $ 1,597.00 $ 866.48 $ 12,732.84
Accessory Dwelling Units(per Unit) $ 183.50 $ 86.00 * $ 213.00 $ 3,130.00
Mobile Home Dwelling Units (per Unit) $ 337.64 $ 1,449.23 $ 1,248.00 $ 708.85 $ 10,222.88
Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $0.041/SF $0.234/SF
Resort Lodging Units (per Unit) No Fee No Fee $172/trip $0.041/SF $0.234/SF
Commercial/Office Uses(per sq.ft.) $ 0.953 $0.301 $4.175 No Fee $0.897
Industrial/Manufacturing Uses(per sq. ft.) 1 $ 0.406 1 $0.02751 $1.716 No Feel $0.730
* see Schedule Rates of Traffic Impact Fees, amended 12/17/2018 to include Accessory Dwelling
Page 2 Exhibit A
Resolution No. 2018-85
Schedule of Rates for Traffic Impact Fees
(per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF)
Adjusted Average Trip-end to Additional Cost per Cost per 1000 sq.ft,
Land Use Trip Ends Distance Trip Trip Miles Trip Mile dwelling unit or other unit
RESIDENTIAL LAND USES(per Unit)
Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit
Condominium/
Townhouse 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364.01 /Unit
Accessory Dwelling $ 341.00 /Unit
Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit
RESORT/TOURIST(per Unit or Entry Door)
Hotel 6.29 7.61 0.5 23.9 $ 64.34 $ 1,537.73 /Room
All Suites Hotel 3.77 Trol 0.5 14.3 $ 64.34 $ 920.06 /Room
Motel 4.34 7.61 0.5 16.5 $ 64.34 $ 1,061.61 /Room
INDUSTRIAL( per 1,000 SF)
General Light Industrial
6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf
Warehousing 4.39 9.01 0.51 19.8 $ 64.34 1 $ 1,273.93 1 /1,000 sf
COMMERCIAL(per 1,000 SF)
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 6434 $ 1,415,48 /1,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf
Bldg. Materials/Lumber
Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,0%85 /1,000 sf
Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf
Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf
Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf
General Office Building
7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf
Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf
High-Turnover
Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf
Convenience Market 43.571 4.31 0.51 9371 $ 64.34 $ 6,028.66 /1,000 sf
Office Park 13.971 4.31 0.51 30.0 $ 64.34 $ 1,930.20 /1,000 sf
OTHER(as noted)
Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre
Service Station/Market 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel
Poslion
Service Station w/Car /Fuel
Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 Position
Res. No. 2018-85
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 a Regular meeting thereof held on December 17, 2018 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California