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HomeMy WebLinkAboutApprove 2014-15 Annual Compliance Reports for Public Library Dept ID AD-16-009 Page 1 of 3 Meeting Date 4/4/2016 4 R� CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/4/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Antonia Graham, Acting Assistant to the City Manager SUBJECT: Approve 2014-15 Annual Compliance Reports for Public Library, Parkland Acquisition and Park Facilities, Law Enforcement, Fire Suppression Facilities, Traffic Mitigation, Sanitary Sewer, and Planned Local Drainage Development Impact Fees Statement of Issue Reporting requirements under California Government Code 66006 specify that the City must prepare annual reports of Development Impact Fees within 180 days of the close of the fiscal year Transmitted for City Council consideration are the following Development Impact Fee compliance reports Public Library Facilities, Parkland Acquisition and Park Facilities, Law Enforcement, Fire Suppression Facilities, Planned Local Drainage Facility Fund, Sanitary Sewer Facilities Fund, and, Fair Share Traffic Mitigation Fee Program Financial Impact None by this action Recommended Action A) Approve the Annual Compliance Report, "Public Library Facilities Development Impact Fees Annual Report Fiscal Year 2014-15," and, B) Approve the Annual Compliance Report, "Parkland Acquisition and Park Facilities Development Impact Fees Annual Report for 2014-15," and, C) Approve the Annual Compliance Report, "Law Enforcement Development Impact Fees Annual Report Fiscal Year 2014-15," and, D) Approve the Annual Compliance Report, "Fire Suppression Facilities Development Impact Fees Annual Report 2014-15," and, E) Approve the "Planned Local Drainage Facility Fund Annual Compliance Report for Fiscal Year 2014-15," and, F) Approve the "Sanitary Sewer Facilities Fund Annual Compliance Report for Fiscal Year 2014-15," and, G) Approve the "Fair Share Traffic Mitigation Fee Program Annual Compliance Report for Fiscal Year 2014-15 " Alternative Action(s) Do not approve the Annual Compliance Reports and direct staff accordingly Analysis Reporting requirements under California Government Code 66006 specify that the City must prepare annual reports of Development Impact Fees within 180 days of the close of the fiscal year Item 3. - 1 HB -88- Dept ID AD-16-009 Page 2 of 3 Meeting Date 4/4/2016 The reports must describe the fee, the amount of the fees collected, Interest earned, and Identification of any expenditure from those funds The code also specifies that reports must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days following release to the public The reports referred to in this report were released for public review on March 7, 2016 (Attachment 1) On November 18, 2002, the City Council approved the establishment of a Park Impact Fee to be levied on the construction of all new floor area for all commercial and industrial development and all residential development not covered by Quimby Fees In 2012, four new Ordinances were adopted establishing Development Impact Fees for Public Library, Parkland Acquisition and Park Facilities, Law Enforcement, and Fire Suppression Facilities California Government Code Section 66006 requires preparation of Annual Reports for Development Impact Fees (DIF) In addition, in accordance with the Huntington Beach Municipal Code and the California Government Code, three compliance reports on facilities improvement fees collected for development projects are presented for approval The three funds managed by the Public Works Department with this requirement include Planned Local Drainage Facilities, Sanitary Sewer Facilities and Fair Share Traffic Impact Mitigation Fee Program Fiscal Year 2014-15 annual reports for Public Library, Parkland Acquisition and Park, Law Enforcement, and Fire Suppression Facilities are attached for your review and approval (Attachments 2-5) A summary of the fees collected and expenditures is provided in the table below Parks Law F ire Enforcement Suppression Library Beginning $2,578,268 00 $231,467 25 $104,010 14 $239,277 00 Balance Fees Collected $924,147 00 $114,340 52 $116,621 80 $233,382 00 (includes interest earned Expenditures $543,172 00 $0 $0 $92,823 88 Ending Balance $2,959,243.00 $345,807.77 $220,631.94 $383,778.00 —09/30/15 Park Expenditures: Various park improvement projects, park leases, contracted/professional services, and staffing As these funds are collected and their corresponding fund grows, the restricted funds may be used on projects identified in the City's General Plan, the Master Facilities Plan included in the Nexus Report that established the fees, the City's Capital Improvement Plan or City Council approved development projects Public Works: Use of the funds for the Traffic Impact, Sanitary Sewer and Planned Local Drainage fees is restricted to making system improvements as outlined in the respective master plans for each of the funds Information contained in the reports conforms to the requirements of the Huntington Beach Municipal Code regarding revenues and expenditures in each fund Fiscal Year 2014-15 annual reports for Traffic Impact, Sanitary Sewer and Planned Local Drainage fees are attached for your review and approval (Attachments 6-8) A summary of the fees collected and expenditures is provided in the table on the next page xB -89- Item 3. - 2 Dept ID AD-16-009 Page 3 of 3 Meeting Date 4/4/2016 Drainage Sanitary Sewer Traffic Impact Beginning Balance $298,093 00 $4,623,345 00 $3,064,304 00 Fees Collected (Includes $494,777 00 $1,611,690 00 $1,140,323 00 Interest earned) Expenditures $0 $78,300 $163,821 Ending Balance—09/30/15 $792,870.00 $6,156,735.00 $4,040,806.00 Public Works Commission Action: The Public Works Commission reviewed the Traffic Impact, Sanitary Sewer and Planned Local Drainage reports on February 17, 2016, and recommended approval by a vote of 6-0-1 (Stanford absent) The Commission further recommended that projects be included in the Fiscal Year 2016- 17 Capital Improvement Program in order to spend down the current fund balances of the Planned Local Drainage and Sanitary Sewer Facilities funds Environmental Status Not Applicable Strategic Plan Goal Enhance and maintain infrastructure Attachments) 1 Memo to City Council dated March 7, 2016 2 2014-15 Annual Compliance Report for the Public Library Facilities Development Impact Fees 3 2014-15 Annual Compliance Report for the Parkland Acquisition and Park Facilities Development Impact Fees 4 2014-15 Annual Compliance Report for Law Enforcement Facilities Development Impact Fees 5 2014-15 Annual Compliance Report for Fire Suppression Facilities Development Impact Fees 6 Planned Local Drainage Facility Fund Annual Compliance Report for Fiscal Year 2014/15 7 Sanitary Sewer Facilities Fund Annual Compliance Report for Fiscal Year 2014/15 8 Fair Share Traffic Impact Mitigation Fee Program Annual Compliance Report for Fiscal Year 2014/15 9 Resolution 2012-23 Adopting Development Impact Fee Calculation and Nexus Study Report Item 3. - 3 HB -90- ATTACHMENT # 1 CITY OF HUNTINGTON BEACH Interdepartmental Memo TO: Honorable a or and City Council Members FROM: Fred Wils ,ty Manager SUBJECT: RELEAS OF FISCAL YEAR 2014-15 DEVELOPMENT IMPACT FEE ANNUAL REPORTS FOR PUBLIC WORKS, PARKS, LAW ENFORCEMENT, FIRE SUPPRESSION, AND PUBLIC LIBRARY FACILITIES FEES DATE: March 7, 2016 Reporting requirements under California Government Code 66006 specify that the City must prepare an annual report of Development Impact Fees within 180 days of the close of the fiscal year. Additionally, the Code requires that the report be available for public review not less than 15 days prior to being reviewed at a public meeting of the City Council. The Fiscal Year 2014-15 annual reports for Public Works, Park, Law Enforcement, Fire Suppression, and Public Library Facilities are attached for your preliminary review They will be officially transmitted for approval at the April 4, 2016 City Council Meeting. By way of this transmittal, I am releasing the reports for public review. Please contact me with any questions Cc Michael Gates, City Attorney Joan Flynn, City Clerk Ken Domer, Assistant City Manager Robert Handy, Chief of Police Eric Engberg, Interim Fire Chief Travis Hopkins, Public Works Director Tom Herbel, City Engineer Bob Stachelski, Transportation Manager Stephanie Beverage, Library Director Janeen Laudenback, Community Services Director Scott Hess, Director of Building and Planning David Bunetta, Police Captain William Reardon, Fire Division Chief Dave Dominguez, Manager Facilities Development and Concessions Ken Dills, Project Manager Kevin Justen, Senior Administrative Analyst Elaine Kuhnke, Senior Administrative Analyst Mindy James, Senior Administrative Analyst Debbie Gilbert, Senior Administrative Analyst HB -9 1- Item 3. - 4 Attachments 1. 2014-15 Parkland Acquisition and Park Facilities Development Impact Fee Report 2. 2014-15 Law Enforcement Facilities Development Impact Fee Annual Report 3 2014-15 Fire Suppression Facilities Development Impact Fee Annual Report 4 2014-15 Library Facilities Development Impact Fee Annual Report 5. 2014-15 Planned Local Drainage Facilities Fund Annual Compliance Report 6. 2014-15 Sanitary Sewer Facilities Fund Annual Compliance Report 7. 2014-15 Fair Share Traffic Impact Fee Program Annual Report 8. Resolution 2012-23 Adopting Development Impact Fee Calculations and Nexus Study Report Item 3. - 5' xB -92- ATTACHMENT #2 L PUBLIC LIBRARY FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2014-16 I BACKGROUND: On June 18, 2012, the City Council approved the introduction of Ordinance No, 3945 which amended the Huntington Beach Municipal Code by adding Chapter 17 67 relating to Law Enforcement Facilities Impact Fees The second reading of the Ordinance was approved on July 2, 2012(Attachment 1) I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees The specific elements to be included in the report are • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting This year the report is being presented to the City Council on March 21, 2016 Fee Description: Per HBMC 17 67 065, the funds collected from the Public Library Facilities Development Impact Fee shall be used to fund the costs of expansion of the amount of library space and the number of collection items attributable to the new residential construction and shall include The acquisition of additional property for Library construction, the construction of new facilities for Library services, the furnishing of new buildings or facilities for Library services, the purchase of Library collections to expand collections, the funding of a master plan to identify capital facilities, to serve new users and patrons, the cost of financing, projects identified in the City's General Plan, the Master Facilities Plan included in the Nexus Report, the City's Capital Improvement Plan, or City Council approved development projects, Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3945, Resolution 2012- 23 was also adopted establishing new and revised development impact fees for all development within the city As shown in Exhibit A-3 of Attachment 2, the fees vary according to land use HB -93- Item 3. - 6 and were also implemented on a graduated scale ranging from 30% to 90% of the full fee amount Per City Council action, effective September 1, 2014, the fees areas follows Land Use Amount Detached Dwelling Units (per unit) $1,160 Attached Dwelling Units (per unit) $852 Mobile Home Dwelling Units (per unit) $4697 Hotel/Motel Lodging Units (per unit) $0 04 per square foot Resort Lodging Units (per unit) $0 04 per square foot Commercial/Office Uses (per sq ft) No fee Industrial/Manufacturing Uses (per sq ft) No fee Interfund Loans No Library facilities fees were loaned during this reporting period Refunds Due to Protests No refunds were made due to protests during this reporting period III. FINANCIAL SUMMARY Fiscal Year 2014-16 Revenue The beginning fund balance as of September 30, 2013 was $239,277 00 During Fiscal Year 2014-15, $233,382 00 in Public Library Facilities Fees were collected Therefore, the ending balance as of September 30, 2015 was$383,778 00 (This fee was not effective until September 2, 2012 ) Fiscal Year 2014-2016 Expenditures There were$92,823 88 expenditures during the 2014-2015 Fiscal Year to the Library Facilities fund. All expenditures were for the Library Collection, to provide more materials for the public As funds are collected, future reports will continue to reflect expenditures in accordance with HBMC 17 67 065 as described above Item 3. - 7 HB -94- 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. 12-3209 005/77615 HB -95- Item 3. - 8 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 Lei6slative 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. 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. 12-3209 005/77615 2 Item 3. - 9 HB -96- Ordinance No. 3945 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 fells 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 12-3209 005/77615 3 1-I13 -97- Item 3. - 10 Ordinance No. 3945 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- l. 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 12-3209 005n7615 4 Item 3. - 11 HB -98- c 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 Required 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 1n 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 12-3209 005/77615 5 xB -99- Item 3. - 12 Ordinance No. 3945 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 Development 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 12-3209 005/77615 6 Item 3. - 13 xB -100- 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 12-3209 005/77615 7 1113 -101- Item 3. - 14 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 1n 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 i 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 12-3209 005/77615 8 Item 3. - 15 HB -102- 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 34 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 nd day of ii July ,2012 . Mayor ATTEST: INIT,1��I ED AND P ED: City Clerk REODmr vo{of m rary Services REVIE D APPROVED: APPROVED AS TO FORM: ager _.-- ,n� f l v , �a City AttorneyV J12 12-3209 005/77615 9 1413 -103- Item 3. - 16 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 1,loan 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,Cily Clerk C Clerk and ex-officio erk C ' Senior Dewty City Clerk of the City Council of the City of Huntington Beach,California Item 3. - 17 HB -104- Actual Fund Balance Report with Encumbrance Tuesday,February 23,2016 2014 Object Actuals Encumbrance Actuals+ Account Cumulative 14 Cumulative 14 Encumbrance 2014 2014 Cumulative 14 2014 00229-Library Dev Impact Beginning Fund Balance 239,277 239,277 42965-Pooled Cash Interest 2,860 2,860 42966-Market Adjustments 1,083 1,083 147290-Development Impact Fee 233.382 0 233,382 Revenues 237,325 0 237,325 Expenditures (92,824) 0 (92,824) Ending Fund Balance 383,778 0 383,778 xB -1O5- Item 3. - 18 AMfg&TAC 3 PARKLAND ACQUISITION AND PARK FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2014-15 I. BACKGROUND On June 18, 2012, the City Council approved the introduction of Ordinance No. 3946 which amended the Huntington Municipal Code by adding Chapter 17 76 relating to Parkland Acquisition and Park Facilities Development Impact Fees The second reading of Ordinance 3946 was approved on July 2, 2012 (Attachment 1) II. REPORTING REQUIREMENTS State law imposes both annual and five-year reporting requirements as a result of its collection of Park Impact Fees The specific elements to be included in the report include. • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of each public improvement on which fees are expended • An identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer loan made from the fund balance • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting This year the report is being presented to the City Council on April 4, 2016 Fee Description: Use of Fees Per HBMC 17 76 090, the 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 " Therefore, the expenses included in this report represent all costs associated with the planning, design, and construction stages of an eligible project, including staffing and professional design consultant costs Specifically, the fees may be used as summarized below 1 Item 3. - 19 HB -106- 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, 3 The funding of a master plan to identify capital facilities to serve new parkland and park facilities and communityy use facilities development, 4 The cost of financing, 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 (CIP), the adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects Since the City's Capital Improvement Plan (CIP) generally includes projects and upgrades to existing facilities of$50,000 or more, all eligible park improvements may not meet the minimum qualifications required to be included in the City's CIP However, projects and improvements less than the $50,000 threshold are still eligible park expenses as long as they are included in the documents referenced in Item 5 above or the City's adopted annual budget Examples of these types of expenditures include the City's annual park license fees with Southern California Edison Since these expenses are included in the City's budget, they are eligible and included in this report Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3946, Resolution 2012-23 was also adopted establishing new and revised development impact fees for all development within the city As shown in Exhibit A-3 of Resolution 2012-23, the fees vary according to land use and were also implemented on a graduated scale ranging from 30% to 90% of the full fee amount Since the reporting period of this report is Oct 1, 2014 — Sept 30, 2015, the majority of the fees collected were based on the 90% fees effective September 2, 2014 and shown below Land Use Amount(30%) Amount(60%) Amount(90%) (Eff. 9/2/12) (Eff. 9/2/13) (Eff 9/2/14) Detached Dwelling Units(per unit) $6,802 $11,540 $16,278 Attached Dwelling Units(per unit) $4,632 $8,576 $12,520 Mobile Home Dwelling Units(per unit) $3,351 $6,701 $10,052 Hotel/Motel Lodging Units(per sq ft) $0 23 $0 23 $0 23 Resort Lodging Units (per unit) $0 23 $0 23 $0 23 Commercial/Office Uses(per sq ft) $0 447 $0 66 $0 882 Industnal/Manufactunng Uses(per sq ft) $0 393 $0 555 $0 718 Interfund Loans No park fees were loaned during this reporting period I i Refunds Due to Protests No refunds were made due to protests during this reporting period 2 xs -107- Item 3. - 20 III. FINANCIAL SUMMARY Fiscal Year 2014-15 Revenue As shown in Attachment 3, the beginning Park Development Impact Fee fund balance as of September 30, 2014, was $2,578,268 During Fiscal Year 2014- 15, $887,995 in Park Development Impact fees was collected and $36,152 in interest was earned, for a combined total of $924,147 Fiscal Year 2014-2015 Expenditures As also shown in Attachment 3, $543,172 was expended for various park improvement projects, park license agreements, contracted/professional services, and staffing. The 2014-15 year end Park Development fund balance is $2,959,243 IV. PROJECTED CAPITAL IMPROVEMENT CONSTRUCTION DATES Per California Government Code 66006, the annual report should include the approximate date that construction will commence for public improvements funded through Park Development Impact Fees A listing of these projects is summarized below FY 2015-16 Bartlett Park Improvements Installation of signage,fencing and trail improvements Clegg Stacey Park Playground Installation of new ADA compliant play equipment, rubberized safety surfacing and landscape modifications Sports Complex Team Room Construction of a team room at the sports complex to accommodate league and tournament play Worthy Park Reconfiguration — Phase 1 Demolition of the closed racquetball building and reconfiguration of the park FY 2016-17 Beach Playground Construction of a public tot playground on the beach in the vicinity of 91h St and PCH Huntington Central Park Permanent Lot Construction of a permanent parking lot to accommodate programming at Shipley Nature Center 3 Item 3. - 21 xB -1 os- ATTACHMENT 1 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: Chanter 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-Sete 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. 1 12-3209 0OW9301 HB -109- Item 3. - 22 Ordinance No.3946 17.76.010-Leeislative 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, 2 12-3209 002n9301 Item 3. - 23 1413 -110- Ordinance No 3946 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 PIan, 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 Iand 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 Iaws, 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 PIan, as well as the City of Huntington Beach Capital Improvement PIan related to new residential and nonresidential construction. 3 12-3209 002179301 HB -I 1 l- Item 3. - 24 Ordinance No. 3946 1.7.76.060-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. 1.7.76.070-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 4 12.3209 002/79301 Item 3. - 25 HB -112- Ordmance No.3946 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 Projects. 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 Adjustments. 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 m 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)and; 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). 5 12-3209 002/79301 xB -113- Item 3. - 26 1 Ordinance No 3946 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 6 12-3209,002/79301 Item 3. - 27 HB -114- Ordinance No 3946 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. Exemptions. 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.Properly 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 7 12.3209 00W79301 HB -115- Item 3. - 28 Ordinance No.3946 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 Elieible 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 8 12-3209 002/79301 Item 3. - 29 1413 -116- Ordinance No 3946 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 Coe ection 66006,incorp`orng 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 76160 Effect of Parkland Acquisition And Park Facilities Development Impact Fee on zonine and subdivision reeulations. '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. 9 12-3209 002n9301 1413 -117- Item 3. - 30 1 Ordinance No 3946 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 Severabilrtv. 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 2nd day of July ,20 12 sue+ Mayor ATTEST: OA INI A ROVED:") 511- livow- City Clerk Deputy City Manager RE ND APPROVED: APPROVED AS TO FORM: ilryanager Cit,Attorney I 10 12-3209 002n9301 Item 3. - 31 1413 -118- Ord. No. 3946 STATE OF CAUFORNIA ) COUNTY OF ORANGE 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 exofficio 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, Cily Clerk C Clerk and ex-officio erk 11^�` Senior Denuty City Clerk of the City Council of the City of Huntington Beach,California HB -119- Item 3. - 32 1 ATTACHMENT 2 RESOLUTION NO. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AD OPTING THE DEVELOPMENT IMPACT FEE CALCULATIONAND NEXUS REPORT FOR THE CITY OFHUNTINGTONBEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS,several policies within the City's General Plan require that new development mitigate its share of the 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, among 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 Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230 20, Pursuant to each ordinance set forth above,the amount of the development impact fee is to be set and/or updated by resolution of the City Council;and Subsequently, and periodically,staff has conducted comprehensive reviews of the City's development impact fees to determine whether those flees are adequate to defray the cost of public facilities related to new development;those fees are set forth in Resolutions 6164,2006- 23,2000-97,2004-88,99-60 and 96-71; 2002-129,2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees;and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees,the creation of new impact fees and establishes the nexus between the imposition of such impact fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment;and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees; and 1 12-3209 006M289 Item 3. - 33 HB -120- } Resolution No 2012-23 The City has collected development impact fees,to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions;and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report;and In compliance with the Mitigation Fee Act, California Government Code section 66000 et seg., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on Jurie 18 , 2012, to solicit public input on the proposed increases to development impact fees, 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 Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (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 Nexus Retiort. The City Council hereby determines that the fees 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 Nexus Report. 3. Approval of Items in the Nexus Rep or The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates Identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12.32M 006n9289 HB -121- Item 3. - 34 11 Resolution No.2012-23 4. Consistency with General Plan, The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. Differentiation amonst Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fiend the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision,this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. MA Finding. The adoption of the Nexus Report and the increase in development 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. 7. Adotion of Report. The Nexus Report as amended April 27, 2012, including Appendices,is hereby adopted. S. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5,2012 and the following milestones are met: 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18,2013. 2 From the time of initial building permit application,the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects. All other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12 3209 o0679289 Item 3. - 35 HB -122- Resolution No.2012-23 taken by City Council adopting the ordinances or resolution referenced herein,resolutions 6164, 2006-23,2000-97,99-60,2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit"A,"attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3,5.2, 6.2,7.1, 8.1, and 8 4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the 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 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 herein shall not take effect until March of 2016, 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to exit 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 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. 12. Fee Determination by Type of Use, A. Residential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee 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. i B. Nonresidential ]rand Uses. Development impact fees 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 development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element ofthe City's General Plan. C. Uses Not Specified. In the event that there are land uses not specified in Exhibit A,the development impact fee for such use shall be determined by the City Manager or 12-3209 006179289 4 xs -123- Item 3. - 36 ' I Resolution No.2012-23 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, 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same,including 6164,96-71,99-60,2000-97, 2004-88 and 2006-23,2002-129,2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the 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 Nexus Report, 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. 15. effective Date. Consistent with California Government Code section 66017(a), the fees as identified is 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. 16. Appeals. Appeals of any fees, including methodology, use, land valuation eta. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17.73 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the t8 day of June 0 2 Mayor REV ND APPROVED: IM AN 7 OVED: C!VhAa er- Deputy City Manager APPROVED AS TO FORM: City Attorney , 'm _Jr_.23-,(a 5 12-3209 00617M9 Item 3. - 37 HB -124- i Exhibit Hs -125- Item 3. - 38 11 Exhibit A-3 Aternative Fee Schedule No.3 Development Impact Fees (Effective 9/2/2012) 30% Circulation Park Land/ System Open Space Law Fire (Streets, &Facilities Enforcement Suppression Signals, Public library (No Tract Land Use Facilities Facilities Bridges) Facllitles Map) Detached Dwelling Units(per Unit) $119 $277 $1,800 $1,091 $6,802 Attached Dwelling Units(per Unit) $245 $115 $1,238 $519 $4,632 Mobile Home Dwelling Units(per Unit) $111 $475 $940 $479 $3,351 Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units(per Unit) No Fee No Fee $172/trip $Q04/SF $0.23/SF Commerclal/Office Uses(per sq.ft,) $0.312 $0.099 $4.175 No Fee $0.447 Industrlal/Manufacturing Uses(per sq.ft.) $Q133 $0.009 $1.279 No Fee $0.393 Development Impact Fees (Effective 9/2/2013) 60% Circulation Park Land/ System Open Space Law Fire (Streets, &Facllitles Enforcement Suppression Signals, Public library (No Tract Land Use Facilities Facllitles Bridges) Facilities Map) Detached Dwelling Units (per Unit) $238 $553 $2,092 $1,126 $11,540 Attached Dwelling Units(per Unit) $489 $229 $1,417 $686 $8,576 Mobile Home Dwelling Units(per Unit) $221 $950 $1,094 $588 $6,701 HoteI/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $Q04/SF $0.23/SF Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0,04/SF $0.23/SF Commerclal/Office Uses(per sq,ft.) $0.625 $0.197 $4.175 No Fee $0.664 Industrial/Manufacturing Uses(per sq.ft.) $0.266 $Q018 $1.498 No Fee $0.555 Development Impact Fees (Effective 9/2/2014) 90% Circulation Park Land/ System Open Space Law Fire (Streets, &Facilities Enforcement Suppression Signals, Public Library (No Tract Land Use Facllitles Facilities Bridges) Facilities Map) I Detached Dwelling Units(per Unit) $356 $830 $2,385 $1,160 $16,278 Attached Dwelling Units(per Unit) $734 $344 $1,597 $852 $12,520 ' Mobile Home Dwelling Units(per Unit) $332 $1,425 $1,248 $697 $10,052 1 Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $Q04/SF $0.23/SF Resort Lodging Units(per Unit) ' No Fee No Fee $172/trip $0.04/SF $0.23/SF Commerclal/Office Uses (per sq.ft.) $0,937 $0.296 $4.175 No Fee $Q882 Industrial/Manufacturing Uses(per sq,ft.) $0.399 $0.027 $1.716 No Fee $0.718 Date P(Inled;5/24/2012,June 4Resalu11on90 D-PO Page 1 Item 3. - 39 xB -126- OVERVIEW ATTACHMENT 3 Park Development Impact Fee Annual Financial Summary Statement Fiscal Year 2014-15 Amount Fund Balance 9/30/14 (inc all Park Impact Fee Funds) 2,578,268 Revenue FY 2014-15 Amount Fees (Fund 209) - Misc 53,571 Fees (Fund 228) - Residential 627,610 Fees (Fund 235) - Non Residential 200,655 Fees (Fund 236) - Public Art in Parks 6,159 Combined Fund Interest 36,152 Revenue Total 924,147 Percent Funded with Dev. Impact Expenditures FY 2014-15 Amount Fees Park Improvements (A) 254,564 100% Park Acquisition- Encyclopedia Lots 32,265 100% Park License Agreements 8,907 100% Professional/Contracted Services (B) 150,911 100% Staffing 96,525 50% Expenditure Total 543,172 Fund Balance(9130115) $2,959,243 A) Murdy Park Patio/Senior Center in Central Park/Worthy Park/Team Room B) Professional Services for Park Master Plan HB -127- Item 3. - 40 ATTACHMENT #4 LAW ENFORCEMENT FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2014-2015 I. BACKGROUND: On June 18, 2012, the City Council approved the introduction of Ordinance No 3942 which amended the Huntington Beach Municipal Code by adding Chapter 17 75 relating to Law Enforcement Facilities Impact Fees The second reading of the Ordinance was approved on July 2, 2012 (Attachment 1) I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees The specific elements to be included in the report are • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting This year the report is being presented to the City Council on April 18, 2016 Fee Description: Per HBMC 17 75 090, the funds collected from the Law Enforcement Facilities Development Impact Fee shall be used to fund the costs of providing police services attributable to new residential and nonresidential construction and shall include Item 3. - 41 xB -1 28- The costs of providing the acquisition, construction, furnishing of new buildings, purchase of new specialty equipment and vehicles, development of a master plan to identify capital facilities, the cost of financing, projects identified in the City's General Plan, the Master Facilities Plan included in the Nexus Report, the City's Capital Improvement Plan, or City Council approved development projects Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3942, Resolution 2012-23 was also adopted establishing new and revised development impact fees for all development within the city The fees vary according to land use and were also implemented on a graduated scale ranging from 30% to 90% of the full fee amount Per City Council action, effective September 2, 2013, the fees were as follows Land Use Amount Detached Dwelling Units (per unit) $238 Attached Dwelling Units (per unit) $489 Mobile Home Dwelling Units (per unit) $221 Hotel/Motel Lodging Units (per unit) No fee Resort Lodging Units (per unit) No fee Commercial/Office Uses (per sq ft ) $0 625 per square foot Industrial/Manufacturing Uses (per sq ft ) $0 266 per square foot Interfund Loans , No Law Enforcement Facilities fees were loaned during this reporting period Refunds Due to Protests No refunds were made due to protests during this reporting period III. FINANCIAL SUMMARY Fiscal Year 2014-2015 Revenue The beginning fund balance as of October 1, 2014 was $231,467 25 During Fiscal Year 2014-2015, $110,688 52 in Law Enforcement Facilities Fees were collected The ending fund balance as of September 30, 2015 was $345,807 77 HB -129- Item 3. - 42 Fiscal Year 2014-2015 Expenditures There were no expenditures during the 2014-15 Fiscal Year to the Law Enforcement Facilities fund Item 3. - 43 HB -130- i � i ORDINANCE NO. 3942 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ' AMENDING THE HUNTINGTON BEACH MUNICIPAL 1 CODE BY ADDING CHAPTER 17.75 RELATING TO DEVELOPMENT IMPACT FEES FOR POLICE FACILITIES , The City Council of the City of Huntington Beach does hereby ordain as follows, SECTION ], The Huntington Beach Municipal Code is licreby amended to add ! Cbaptcr 17 73,said cliaptci to read as follows: Chapter 17.75 POLICE FACILITIEES DEVE,LOPME,NT IMPACT FEES t - -Sec_tinny--- - - - - - -- -- ----- - - -- --- -- -------- -- ------- ; I 17 75 010 Legislative findings i 17.75.020 latent and Purpose i 17 75 030 Definitions. , 17 75 040 Police Facilities Development Impact Fee_ ; 17-75.050 Fund Established i 17 75.060 Fee imposed, I 17 75.070 Calculation of Police Facilities Development Impact Fee, i 17 75.075 Fee,Payments for Phased Development Projects 17 75.076 Fee Adjustments. F 17 75.080 Payment of fee, 17,75.090 Use of funds j 17.75.100 Refund. 17 75.110 Exemptions and credits _ 1775 120 Appeals i 17,75,130 Credit for Construction of Non-Site Related Improvements 17.75,1 40 Eligible Expenditures from Fee Reserve Account 17.75.150 Annual report and amendment procedures. 17.75 160 Effect of Police Facilities Development Impact Fee on zoning and i subdivision regulations, i 17 75 170 Violation—Penalty. 1775 180 Severability. 1 i t 12-3209 ooi/n8649 1 I HB -131- Item 3. - 44 Ordinance No 3942 I7.75.010-Legislative flndlMs 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 casts necessary to accommodate such development These fees are established to promote and protect the public health,safety and welfare. C Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of increased police services and facilities which are needed to serve the increasing development in the City. D. Pursuant to the "Development Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report) dated October, 2011, as amended April 27, 2012, which 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 police services 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 of additional properly for police facilities; the construction of buildings for police services;the fitmishing of buildings or facilities for police services; and the purchasing of equipment and velucles for police services E The fees collected pursuant to this Chapter shall be used to finance the police facilities and equipment identified in herein in furtherance of the City's General Plan, as well as the Nexus Report and its attached Master Facilities Plan and the City of Huntington Beach Capital improvement Plan. F Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared This study is included in the Nexus Report. t: G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the police facilities and equipment 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 fec and the cost of the facilities and equipment or portion thereof attributable to the development on which the fee is imposed r 2 12 3209 001178649 Item 3. - 45 HB -132- Ordinance No 3942 17.75.020—Intent and Purpose. A Police 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 facility and equipment and vehicle costs required to support needed police facilities and related costs necessary to accommodate such development. 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 police services 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 Police Department, together with funding available from other City revenue sources, the CIty will be able to constrict 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 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. 17.75.030-Definitions. Shall be as set forth in Chapter 17 73 of this Code. I 17.75,040 - Police Facilities Development Impact Fee 'There is imposed a Police Facilities Development Impact Fee on all new non-subdivided Residential and Nonresidential development. 17.75.050 - Fund established. A Police Facilities Development Impact Fee fund is established The Police Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment as set forth in the Nexus Report which includes the Master Facilities flan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 17.75.060-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 Police Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted 3 )2 3209 001/79649 I HB -133- Item 3. - 46 Ordinance No 3942 B. No certificate of occupancy, temporary certificate of occupancy, or 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 police Facilities Development Impact Fee required by this Chapter has been paid to the City. 17 75 070-Calculation of Police Facilities Development hniyaet 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 Police Facilities Development Impact Fee due as specified in the current fee resolution setting the amount oftbe fee. B. The Director of Planning and Building shall calculate the amount of the applicable Police Facilities 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 Police 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 Police 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 s use, and multiplying the same by the Police 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 ' two(2) or more nonresidential principal uses, and multiplying the same by r the Police 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 prmeipal use. 1; 17 75 075 Fee Payments for Phased Development Protects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy a; 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 4 12-)209 001/7UA9 Item 3. - 47 HB -134- I Ordinance No.3942 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, 17.75.076 Fee Adjustments. Shall be as set forth in Chapter 17,73 of this Code. 17.75.090-Payment of fee A The City shall collect from the applicant the Police Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy,final building permit approval or construction approval for mobtlehome pad or pads,whichever occurs first. B. Except for any administrative charge allocated to the City,all funds collected shall be properly identified and promptly transferred for deposit in the Police Facilities Development Impact Fee fund and used solely for the purposes specified in this Chapter 17.75.090 -Use of funds. A Funds collected from the Police Facilities Development Impact Fee shall be used to , fund the costs of providing additional police services attributable to new residential and nonresidential construction and shalt include 1. The acquisition of additional property for law enforcement facilities, 2. The construction of nPw facilities for law enforcement services, 3 The furnishing of new buildings or tacilities for law enforcement services, 4 The purchase of new specialty equipment and vehicles for law enforcement services, 5 The funding of a master plan to identify capital facilities to serve newpolice department development; 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,the 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,and/or existing vehicles or equipment 5 j 12-3209 uoingo 19 I HB -135- Item 3. - 48 i l Ordinance No.3942 r 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 wluch Police Facilities Development Impact Fees may be expended, Development Impact bees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are 1 of the type described in this Chapter. E Funds may be used to provide refunds as described in this Chapter. 17.75.100-Refund. 1k Any applicant who has paid a Police Facilities Development Impact Fee pursuant to this Chapter may apply for a full or partial refund of same,if,within one(1)year after collection of the Police Facilities Development Impact Fee the fee has been modified as follows.1 eduction in the number of dwelling units, a change in the type t 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 sunii up to twenty (2011/o) percent of the Development Impact Fee paid by die applicant to offset the administrative costs of refund In no event shall a refund exceed the amount of the Police Facilities Development Impact Fee actually paid. d_ 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 die 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 Puisuant 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 pioject 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 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. 17.74.110 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 must be tiled in the same mauler and will be considered pursuant to 6 2-32C9 001/78649 Item 3. - 49 xs -136- Ordinance No.3942 the same procedure as for a fee adjustment as provided in Chapter 17 73, The following shall be exempted from payment of the Police 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 police services will be provided over and above those provided by the existing building; b The replacement of a destroyed or partially destroyed I building or structure with a new building or structure of the same I " size and use, provided that no additional police services will be required over and above those provided by the original use of the land; I i c The construction of residential accessory buildings, structures or uses which will not require additional police 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 Police Facilities 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 to this Chapter; e Construction,replacement or rebuilding of a single-family dwelling (one(t)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, ]eased, l 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 Cahfomia 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 ' I iz-Szov oains�ay 7 HB -137- Item 3. - 50 i i Ordinance No. 3942 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 p restriction shall require the applicant or any successor-in-interest to pay the then applicable Police 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 sdistrict(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. 17.75.120 Appeals. Shall be as set forth in Chapter 17 73 of this Code. 17 74 130 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 ale 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 17175 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,of such other report as may be prepared fi om time to time i' 8 12.3209 001178649 Item 3. - 51 xB -138- i Ordinance No 3942 to document the reasonable fair share of the costs to mitigate the police services impacts of new development 17.75.150-Annual report and amendment procedures. A Within one hundred eighty (180) days after the last day of each fiscal year, the Police Chicf of the City of Huntington Beach shall evaluate progress in implementation of the Police Facilities Development Impact Fce program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006,incorporating among other things: 1 The police facilities and equipment commenced, purchased or completed utilizing monies from this Police Facilities Development Impact Fee fund; 2. The amount of the fees Collected and the interest earned; 3. The amount of Police Facilities Development Impact Fees in the fund; and 4 Recommended changes to the Police Facilities Development Impact Fee, !I including, but not necessarily limited io changes in this Police Facilities Development Impact Fee chapter or the fee tesolution. - - B. Based upon the report and such other factors as the City Council deems relevant and applicable,the Crty Council may amend the ordinancc codified in this Chapter or the fee resolution implementing this Chapter, Changes to the Police Facilities Development Impact Fec rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Police 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 i amend the ordinance codified in this Chapter or the fee resolution establishing Police Facilities Development Impact Fee rates or schedules at such other times as , may be deemed necessary j f 17.75.160 - Effect of Police 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 i construction of buildings,which may be imposed by the City pursuant to the City's zoning j 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 17,75,170 - 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 enininal 9 32-3209 001/78649 HB -139- Item 3. - 52 Ordinance No 3942 prosecution,the City shall have the power to sue in civil court to enforce the provisions of this Chapter 17.75.180-Severabdity. 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 holdmg shall not affect the validity of the remannng 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 2rd day of July — 2012 . Mayor ATTEST. INITIATED AND APPROVED- 1 - ity Clerk Chief of Police REVIE rD APPROVED: APPROVED AS TO FORM M#ager �1 ty tt4 ey 4 i 1 i i r h 10 12-3209 001173649 Item 3. - 53 HB -140- L Ord.No.3942 STATE OF CALIFORNIA ) ; COUNTY OF ORANGE ) ss: CITY OF H'UNTINGTON BEACH ) 1,JOAN L FLYNN_the duly elected,qualified City Clerk of the City of Iuntington Reach,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 maj ority of all the members of said City Council AYFS: Shaw,Carcluo, Bohr,Boardman NOES: Harper,Dwyer,Hansen i - i ABSENT: None ABSTAIN: None t 1 I,Joan L Fbnn,CITY CLERK of the City of-Hunpninon ; [leach and ea-nBiuo Clerk or the City CoLntut do hereby 1 On&that a synopsis or this ordinance has been f a published to the)lunttngion AeaL.h Fountain Valley t Independent on July 11,2012. AA In accordance with flit Cn)Chaner of said Cut wf oan L,Hynn City Clerk C Clerk and ex-officio erk krat�,�1V t Semor Deputy t'rty(Jerk of the City Council of the City of Huntington Beach,California HB -141- Item 3. - 54 ATTACHMENT 2 RESOLUTION N0. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING ME DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF'HUNTINGTON BEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS,several policies within the City's General Plan require that new development mitigate its share of the 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 PIan 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, among 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 I codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230 20, Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council, and i Subsequently,and periodically,staff has conducted comprehensive reviews of the City's ' development impact fees to determine whether those fees are adequate to defray the cost of a public facilities related to new development;those fees are set forth in Resolutions 6164,2006- i 23,2000-97,2004-88,99-60 and 96-71;2002-129,2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees,and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact flees, the creation of new impact fees and establishes the nexus between the 1 imposition of such impact fees and the estimated reasonable cost of providing the service for ; which the fees are charged,and ' The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees;and 1 ' 12-3209 006/79299 Item 3. - 55 HB -142- Resolution No.2012-23 The City has collected development impact fees to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions,and The City Council desires to repeat certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report;and In compliance with the Mitigation Fee Act, California Govemment Code section 66000 et seq., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on June 18 , 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: I Findings pursuant to Government Code section 66001. The City Council finds and detennines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: ' (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 Nexus Reps. The City Council hereby 1 determines that the fees imposed,pursuant to this resolution sball be used solely to finance the public facilities and/or equipment and park land acquisition described or identified in the i respective ordinances and Nexus Report. Y 3. Approval of Items in the Nexus Report. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as i a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. t K 2 12-3209 0009289 1-113 -143- Item 3. - 56 i Resolution No 2012-23 4 Consistency with General Plan The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastmaulc and to be fiscally neutral. 5 Differentiation among public Facilities. The City Council finds that the public facilities identified in the Nexus Report and fimded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City 'l'o the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees Notwithstanding the above provision, this ucsolution shall not be deemed to affect the imposition or colleeuon of the water and sewer connection fees authorized by the Huntington Beach Municipal Code 6 Cl:OA Finding. The adoption of the Ncxus Report and the increase in development impact fees are not subject to the California Environmental Quality Act in that j pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government funding rnecliariisrtis 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 7. tion of Report. The Nexus Report as amended April 27, 2012, including � Appendices,is hereby adopted 8. Fee lmRosed The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5,2012 and the following milestones are met 1. Project applicant has submitted an approved application for building permits within l g0 days after the fee going into effect or no later than February 18,2013. 2 From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. i 3 Building Permits are issued within 360 days after the fees go mto effect An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects All other projects are subject to the fees then in effect All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective this resolution is held invalid, the previously approved ordinances. In the event any portion of development impact fee shall automatically apply i 9 T'min of Fgge. The development impact fees imposed by this resolution sbalI be paid pursuant to the ordinances or resolution creating each separate fee Until final action is 3 12-3209 006/79289 i Item 3. - 57 HB -144- Resolution No 2012-2.1 c taken by City Council adopting the ordinances or resolution referenced herein,resolutions 6164, 2006-23,2000-97,99-60,2004.88 and 96-71 shall remain in effect 10. Amount of Fee The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit"A,"attached hereto and incorporated herein as well as Nexus ` Report Schedules 3.2, 4 3,5 2,6.2,7 1, 8 1, and 8 4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los c 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 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 inchces provided herein shall not take effect until March of 2016. f 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to existing ordinances and resolutions shall be maintained 3 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 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 l the percentage allocated to new development of all of the public facilities listed in the category, � or sub-category. I fi 12 Fee Determination by Type of Use. 1 A. Residential Development, Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee 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. Development impact fees 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 development impact fee 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 C. Uses Not Specified In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or 4 )2-3209-006179289 xB -145- Item 3. - 58 Resolution No.2012-23 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 13 Prior Resolutions Superseded, As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same,including 6164,96-71, 99-60,2000-97, 2004-88 and 2006-23,2002-129,2004-88. 14 Severability If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be beld invalid or unconstitutional by a court of competent junsdicti on, such invalidity shall not affect the validity of the remaming portions of this resolution the Nexus Report, 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 f adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15 Effective Date. Consistent with California Government Code section 66017(a), the fees 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. 16. Appeals Appeals of any fees, including methodology, use, laud valuation etc. created pursuant to this resolution shall be conducted as set forth m Huntington Beach Municipal i Code Chapter 17.73 i PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a ' regular meeting thereof held on the� 8 day of June 00 12 , Mayor Ia DAPPROVED: INITIAAT ROVEDer Deputy City Manager APPROVED AS TO FORM- City Attorney 5 12-3209 006/79289 t Item 3. - 59 HB -l 46- r t r a a d a l i l 1 Exhibit 4 � P a l a xB -147- Item 3. - 60 Exhibit A-3 Aternative Fee Schedule No.3 Development Impact Fees (Effective 9/2/2012) 30% Circulation Park Land/ System 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) $119 $277 $1,800 $1,091 $6,802 i Attached Dwelling Units(per Unit) $245 $115 $1,238 $519 $4,632 l Mobile Home Dwelling Units(per Unit) $111 $475 $940 $479 $3,351 Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0,04/5F $0.23/SF corn mercial/office Uses(per sq.ft.) $0.312 $0.099 $4,175 No Fee $0,447 industrial/Manufacturing Uses(per sq.ft) $0.133 $0.009 $1,279 No Fee $0,393 i i Development Impact Fees (Effective 9/2/2013) 60% Circulation Park Land/ ' System Open Space Law Fire (Streets, &Facillties Enforcement Suppression Signals, Public Library (No Tract Land Use Facilities Facilities Bridges) Facilities Map) Detached Dwelling Units(per Unit) $238 $553 $2,092 $1,126 $11,540 Attached Dwelling Units(per Unit) $489 $229 $1,417 $686 $8,576 Mobile Horne Dwelling Units(per Unit) $2.21 $950 $1,094 $588 $6,701 Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0,04/SF $0,231SF Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0,23/SF Commercial/Office Uses(per sq ft.) $0.625 $Q197 $4 175 No Fee $0 664 Industrial/Manufacturing Uses(per sq ft.) $0.266 $0.018 $1498 No Fee $0.555 Development impact Fees (Effective 9/2/2014) 90% Circulation Park Land/ System Open Space Law Fire (Streets, &Facilities Enforcement Suppression Signals, Public Library (No Tract j Land Use Facilities Facilities Bridges) Facilities Map) II I Detached Dwelling Units(per Unit) $356 $830 $2,385 $1,160 $16,278 Attached Dwelling Units(per Unit) $734 $344 $1,597 $852 $12,520 Mobile Home Dwelling Units(per Unit) $332 $1,425 $1,248 $697 $10,052 ' Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $404/SF $0,23/SF Resort Lodging Units(per Unit) - No Fee No Fee $172/trip $0 04/SF $0 23/SF Commercial/Office Uses (per sq.ft.) $0.937 $0.296 $4175 No Fee $0 882 Industrial/Manufacturing Uses(per sq.ft) $0,399 $0.027 $1.716 No Fee $0 718 Date Ptlnied 5/24/2012,June 4 Resolution 3060 90 Page I Item 3. - 61 HB -148- Exhibit A-3 Alternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Recommended Cost per 30%Increase 1000 sq.ft,dwelling unit Scenario Cost per Adjusted Average Trip-end Additional Cost per or other unit(90%of 1000 sq,ft,dwelling Land Use Trip Ends Distance to Trip Trip Miles Trip Mllo original) unit or other unit EtE Ip1zN;l'Ii4L•_LAN�USf=�� iei"Up'Yt i[a.'Tl.:�j',;�i 1''r;�+ ;rj; -1,.' `'i; � - �' ' Detached Dwelling Unit 1 876 791 051 34,6 $ 5022 $ 1.737.61 Nnit $ 1,722 56 /Unit Apartment 6.15 7 9 0.1 24 3 $ 6022 $ 1,220 35 Nrul $ 1.209.60 /Unit CondomiNumfrownhouse 5.361 79 051 212 $ 50.22 $ 1,064.66 Nnit $ 1,45}i,¢r5 /Unit Mobile Hame Dwelling 4 57 79 05 181 $ 6022 $ 908 98 /unit $ ,$99{ , /Unit 5QRf1T0URIST`•(pe,[U'nitpr!; ,boor) ,;,'r E Hotel 6291 761 05 239 $ 6434 $� •1,537 73 /Room ,S 1,218 63 !R000 m All Suites Hotel 3 77 7 6 0,5 14,3 $ 64 34 $ 920.08 !Room $ 729,93 !Room Motel 4.34 76 05 165 $ 64 34 $ 1,06161 !Room $ 84102 /Room lNi? RIALi(�iQ 1y090 SE) General Light Industrial 6.17 9,0 • 05 27 8 $ 6434 Is 1,788 65 11,000 sf $ 1,279 46 /1 000 i Heavy industrial 597 90 05 269 $ 6434 $ 1,73Q'15 11,000Sf $ 1,238,b1 J1,000 Manufacturing 273 8.0 0,5 12 3 $ 64 34 $ 791,38 /1,000 sf $ 5¢6,4j /1,000 Warehousing 4,39 9,0 05 19,8 $ 64,34 $ 1,27393 11,000 sf $ 81074 11.000 i pOMMERCIAL/;per 1,000 4F) Office Park 7 42 e 8 05 326 $ 6434 $ 2,097 48 11,000 sf $ 1,52261 sf A00 11,000 Research Park 6 01 e B 0 5 22,0 $ 64 34 $ 1,415 48 /1 000 sf $ 1,027-85 sf ' 11,000 Business Perk 9,34 8,8 0 5 41,1 $_84,34 $ 2,644 37 J1,000 sf $ 1,917 85 sf Bldg,Materials/Lumber 11,000 29.35 4 3 0.5 63 1 $ 64 34 $ 4,059,a5 11,000 sf $ 4,os9 85 � i Store 11,000 Garden Center 2345 43 15 50,4 $ 0434 $ 3.242.74 11,000 sf $ 3,242 74 sf 2 47 4,3 05 5 3 $ 04 34 $ 341,00 11,000 sf $ 341.00 /1,000 Movie Theater sf Church 5 92 4,3 0 5 117 $ 64.34 $ 817.12 /1,000 sf $ 817,12 f A00 11,000 Medical Dental Office 22.21 88 0.5 977 $ 64 34 $ 6.286 W_ 11,000 sf $ 4.669.89 If 11,D00 General Office Building 7 16 8 8 0 5 31 5 $ 64 34 $ 2,026 71 J1,000 sf 1,470,08 sf /1,000 Shopping Center 3a2 43 05 649 $ 64 34 $ 4.17567 11,000$1 $ 4,17667 sf 11 Hospital 1142 43 05 24.6 $ 6434 $ 1,582 76 /1,000 sf $ 1,68276 st'000 11,000 Discount Center 6293 43 05 1353 $ 6434 $ 8,705 20 /1,000 sl $ 8,70520 st j Rgh-Turnover Restaurant as 4.3 06 111 $ 64,34 $ 1,228.89 11,000 sf $ i,228 89 6i,000 I j s1,000 I Convenience Market 4357 43 il)6 93.7 $ 6434 $ 6,02866 J1,000 sf $ 6,028,66 Office Park 1397 43 30, $ 64,34 $ 1,93020 11,000sf $ 1,93020 sf' a7NE1t�a9 noted) Cemetery 3,07 4 3 ' 0 6 661 $ 6434 $ 424 64 /Acre $ 424.64 /Acre Service StalionlMarket 10769 43 0.5 231 5 $ 64.34 $ 14.804 71 /Fuel $14,894 71 /Fuel av Position Posltlon Servlae station w1car 9935 4,3 0.5 2136 $ 6434 $ 13,743.02 /Fuel $13.74302 /Fuel Wash Position Position Page 2 HB -149- Item 3. - 62 Exhibit A-3 Aternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9f 2f 2013) Recommended Cost per 60%Increase Scenario 1000 sq.ft,dwelling unit Cast per 1000 sq ft, Adjusted Average Trip-end Additional Cost per or other unit(90%of dwelling unit or other Land Use Trip Fnds IDistance to Trip i Trip Miles Tnp Mile original) unit RESIDEAf IAL LAND kIS5,9(per Unit) ; i Detached Dwelling Unit 876 79 051 34.8 $ 57.39 $ 1,985,69 /Unil $ 1,938.39 !Unit Apartment 616 7 9 0.5 243 $ 67,39 $ 1,39458 Nnll $ 1,36120 /Unit Condominlumlrownho 536 7,9 05 212 $ 5739 $ 1,21607 /Unit $ 1,187.17 /Unll use Moblie Home Dwelling 4571 79 051 18 1 $ 57,39 1$ 1,038,7B !Unit $ 1,013.16 /Unit RFS ESRIIFOURIS =(p f(/tilt or' ntry'Dogr) Hotel 6291 761 051 23,9 $ 6434 1$ 1,63773 !Room $ 1,355 39 1/Room All Suites Hotel 3 A77 76 05 14.3 $ 6434 $ 92006 !Room81141 /Room Motel 4 7 6 0.51 16 b $ 64.34 $ 1.06161 /Room $ 936 56 /Room I�IDUSTRIAL�{'pet•1;000 SF) General Light Industrial 6171 90 05 27 8 $ 64.34 $ 1,788.65 11,000 sf $ 1,4970 MOW of I Heavy Industrial 5971 90 06 269 $ 64.34 $ 1,73075 /1,000 of $ 1,44918 /1,000 of E. Manufacturing 2731 90 06 123 $ 6434 $ 79138 /1,000 of $ 86265 /1,000 sf Warehousing 4391 so 0,5 198 $ 6434 $ 1,273 93 11,000 at $ 1,066.39 11,000 at COMOEF CIAL,(per 1,000 SF) i Office Park 7421 8.8 C)51 326 $ 6434 $ 2,097A8 11.000 sf $ 1,768„99 11,000 at Research ark 5011 Be 061 22 0 $ 6434 $ 1.415,48 11,000 sf $ 1,193.90 11,000 sf Business Park 9341 so 015 41 1 $ 6434 $ 2,644.37 11,000 s( $ Z229 22 11,000 sf Bldg Matedals/Lumber 29 35 43 05 63.1 $ 64 34 $ 4,05985 11,000 of $ 4,05986 11,000 of Store Garden Center 2345 4 3 05 504 $ 64.34 $ 3,24274 /1,000 at $ 3,24274 11,000 sf Movie Theater 247 43 0.5 5 3 $ 6434 $ 34100 11,000 sf $ 341.00 11.000 sf Church 5921 43 051 127 $ 6434 3 81712 /1,000 at $ 817.12 11,0W at Medical-Dental Office 2.721 88 06 977 $ 6434 $ 6,28602 11.000 at $ 5,299.66 11,000 sf General Oftce Budding 716 6.8 05 31.6 $ 6434 $ 2,026.71 11,000 of $ 1.708.63 11,000 of Shopping Center 30.2 43 05 649 $ 6434 $ 4.17567 /1,000 at $ 4,115.87 11,000 sf Hospital 11,42 43 05 24.6 $ 64,34 $ 1.682.76 11,000 at $ 1,582.76 /1,000 at Discount Center 62931 43 051 135 3 $ 6434 $ 8,70520 11,000 at $ 8,70620 11,000 sf High-Turnover 8.9 43 05 191 $ 64 34 $ 1,22889 11,000 sf $ 1,228.89 M,D00 at Restaurant Convenience Market 4357 43 0 b 937 $ 6.434 $ 6,02866 11,000 at $ 6,028 66 /1,000 at Office Park 13.971 43 05 30,0 $ 64,34 $ 1,930,20 11,000 at $ 1,930 20 11,000 sf Cemetery 1 3 07 4 3 051 6,6 $ 6434 $ 424,64 /Aura 1$ 42464 /Acre i Service Station/Market 107.69 4 3 015 2316 $ 64.34 $ 14,894 71 /Fuel $ 14,1594.71 !Fuel av Position Position Service Station w/Car 9935 4,3 0,5 213 0" $ 64,34 $ 13,743 02 /Fuel $ 13,743 02 /Fuel Wash Position Position R Pago 3 Item 3. - 63 HB -150- I Exhibit:A-3 Aternative Fee Schedule No.3 Schedule of Rates forTraffic impact Fees (Effective 9/2/2014) Recommended Cost per Adjusted Average Trip-end to Additional Cost per 1000 sq.it,dwelling unit or Land Use Trip lands Distance Trip Trip Mlles Trip Mile other unit(901%of original) RESIDES -A-LAfjlb•135� eX Uiil}) ' t ;:_ Detached Dwelling Unit 876 7.9 05 346 $ 64 34 $ 2,226.16 /Unit Apartment 6.15 79 0.6 243 $ 64,34 $ 1,663 46 !Unit Condominium[[ 6 36 79 06 212 $ 6434 $ 1,364.01 /Unit p Home Dwelling4.57 7 9 05 181 3 64 34 $ 1,164.56 /Unit �`,-r 1A T.(per Unit or Entry ogor) -6.29 76 0 5 23 9 $ 64 34 $ 1,537.73 /Room All Suites Hotel 3 77 7.6 0 5 14 3 $ 64.34 $ 920.06 !Room Motel 434 7 6 0 5 16,6 $ 64 34 $ 1,061;61 !Room ItvD'S rAl.:t dEr^1,OpO SF) General Light Industrial 6.17 90 0.6 278 $ 6434 $ 1,78e 65 /1,000 sf L Heavy industrial 5.97 so 0.5 26.9 $ 64 34 $ 1,730 75 11,000 sf Manufactunng 273 9 0 0 5 12 3 $ 64 34 $ 791.38 /i,000 sf erehousing 4.39 9 0 0 5 19,8 $ 64 34 $ 1.273 93 11,000 sf Office Park 7,42 8 8 05 32,6 $ 6434 $ 2,09748 (1,000 sf Research Park 5 01 8.8 016 220 $ 6434 $ 1,415.48 /1,000 sf Business Park 9,34 8 8 0 5 41 1 $ fi4 34 $ 2,64437 /1,000 sf Bldg MaterialslLumber 29 35 4.3 0.5 631 $ 64,34 $ 4,059,85 11,000 sf Store Garden Center 23,45 43 0 5 50,4 $ 64 34 $ 3,242 74 11,000 sf Movie Theater 247 43 0.5 b 3 $ 64,34 $ 341,00 /1,000 sf Church 502 43 06 127 $ 64 $ 817 12 /1,000 sf i 977 $ 6434 $ 6,286,02 11,000 sf Medical-Dental Office 222 8.8 0,5 General office Building 7.16 8.8 05 31.6 $ 64,34 $ 2,026.71 11,000 sf Shopping Center 302 43 05 6413 $ 64.34 $ 4,17567 11,00D sf f{pgpi�i 11 42 4.3 0.5 246 $ 6434 $ 1,58276 /1,000 sf Discount Center 6293 43 0.6 1353 $ 6434 $ 8,70520 /1,000 sf High-Turnover g g 4 3 05 19,1 $ 5434 $ 1,22889 /1,000 sf Restaurant Convenience Market 43 57 4.3 0,5 93.7 $ 64,34 $ 6102866 11,000 sf R office Park 13 97 4 3 05 30,0 $ 64 34 $" 1,93020 11,000 sf 67HIE (as,nol�d)-- _ , A. z 3 07 4.3 0 5 6 6 $ 6434 $ 42464 /Acre t^ Cemetery /Fuel Service StationlMarket 10769 43 0,5 2316 $ 6434 $ 14,894.71 Position av /Fuel Service Stationw/Car 9935 4 3 0.5 2136 $ 6434 $ 13,743 02 Position Wash Page 4 7. HB -151- Item 3. - 64 Res. No. 2012-23 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 i certify that the whole number of members of the City Council of the City of I 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 June 18, 2012 by the following vote' i AYES: Shaw, Carchio, Bohr, Boardman NOES* Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None CiK Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Item 3. - 65 HB -1 52- ATTACHMENT 3 LAW ENFORCMENT FACILITIES FEE Annual Financial Summary Statement ± Fiscal Year 2021-2012 i Fund balance 9/30/11 Police 22700227.47290 $0.00 I I r i 1 I I i E I i . i i } i i i t f i xB -153- Item 3. - 66 ATTACHMENT #5 FIRE SUPPRESSION FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2014-2015 I. BACKGROUND: On June 18, 2012, the City Council approved the introduction of Ordinance No 3943 which amended the Huntington Beach Municipal Code by adding Chapter 17 74 relating to Fire Suppression Facilities Impact Fees The second reading of the Ordinance was approved on July 2, 2012 I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees The specific elements to be included in the report are • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting This year the report is being presented to the City Council on April 4, 2016 Fee Description: Per HBMC 17 74 090, the funds collected from the Fire Suppression Facilities Development Impact Fee shall be used to fund the costs of providing additional Fire suppression/medic facilities, vehicles and specialty equipment attributable to new residential and nonresidential construction and shall include The acquisition of additional property for fire department facilities, the construction of new facilities for fire department services, the furnishing of new buildings or facilities for fire department services, the purchase of new specialty equipment and vehicles for fire department services, the funding of a master plan to identify capital facilities to serve new Fire Department development, the cost of financing projects identified in the City's General Plan, the Master Facilities Plan included in the Nexus Report, the City's Capital Improvement Plan, or City Council approved development projects Item 3. - 67 HB -154- Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3943, Resolution 2012-23 was also adopted establishing new and revised development impact fees for all development within the city The fees vary according to land use and were also implemented on a graduated scale ranging from 30% to 90% of the full fee amount Per City Council action, effective September 2, 2013, the fees are as follows Land Use Amount Detached Dwelling Units (per unit) $553 Attached Dwelling Units (per unit) $229 Mobile Home Dwelling Units (per unit) $950 Hotel/Motel Lodging Units (per unit) No fee Resort Lodging Units (per unit) No fee Commercial/Office Uses (per sq ft ) $0 197 per square foot Industrial/Manufacturing Uses (per sq ft ) $0 018 per square foot Interfund Loans No Fire Suppression Facilities Fees were loaned during this reporting period Refunds Due to Protests No refunds were made due to protests during this reporting period III. FINANCIAL SUMMARY Fiscal Year 2013-2014 Revenue During Fiscal Year 2013-2014, $116,621 80 in Fire Suppression Facilities Fees were collected As of September 30, 2014, the total revenue, as included in Fund 231, was $220,631 94 Fiscal Year 2014-2015 Expenditures There were no expenditures during the 2014-15 Fiscal Year to the Fire Suppression Facilities fund As funds are collected, future reports will reflect expenditures in accordance with HBMC 17 74 090 as described above HB -155- Item 3. - 68 ATTACHMENT #6 •J CITY OF HUNTINGTON BEACH PUBLIC WORKS COMMISSION REQUEST FOR ACTION Item No PW 16-02 SUBMITTED TO: Chairperson and Members of the Commission SUBMITTED BY: Travis K Hopkins, PE, Director of Public Works DATE: February 17, 2016 SUBJECT: Planned Local Drainage Facilities Fund Annual Compliance Report Fiscal Year 2014115 Statement of Issue: In accordance with Section 14.48 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Planned Local Drainage Facility Fund (Drainage Fund) for the City Council. The process provides an opportunity for the Public Works Commission to review planned projects, revenues and expenditures under the program Fundinq Source: No funding is required for this action Impact on Future Maintenance Costs Not applicable. Recommended Action: Motion to recommend to the City Council the approval of the Planned Local Drainage Facility Fund Compliance Report for Fiscal Year 2014/15. Alternative Action(s): Recommend revisions to the report Analysis: The Planned Local Drainage Facilities Fund (Drainage Fund) is a development fee that is restricted to use for drainage system enhancements. Section 14 48 050 (d) requires the City Council to review the status of compliance with this Chapter, including the revenues collected and the funds expended The following information conforms to the requirements of the HBMC regarding revenues and expenditures of the Drainage Fund. Although the reporting requirement became effective with the adoption of the revised ordinance in September 2006, the Drainage Fund has existed since 1975 The following information covers Fiscal Year 2013/14. Item 3. - 69 HB -156- Fiscal Status The Drainage Fund advanced $250,000 to the Redevelopment Agency for improvements in 1987. With interest accrual of $603,877, the debt amount is currently $856,246. As a result, the Fund maintained a negative balance over a period of ten years until Fiscal Year 12/13, when the fund ended with a positive balance In Fiscal Year 2014/15, revenue from developer fees exceeded expectations and the Drainage Fund ended the year with a positive balance of $792 870 On June, 29, 2011 , the State of California enacted AB1 X26, which dissolves redevelopment agencies and designates Successor Agencies to "wind-down" activities of the former redevelopment agencies under supervision of newly created Oversight Boards On January, 31, 2012, the City's Redevelopment Agency presented an initial draft Recognized Obligation Payment Schedule (ROPS) to the Successor Agency In this case, the City has elected to become the Successor Agency The debt noted above is included in the list of obligations, however, no payments are scheduled to the Drainage Fund within the presented time frame. Revenues Revenue for FY 2014/15 from development was $487,341 and interest to the fund was $7,346 for total revenue of $494,777. Expenditures No expenditures were made in FY 2014/15. Staff will monitor the fund as revenue is received and assess the need for future drainage projects. Conformance with Program Goals and Objectives The Drainage Fund is intended to implement the goals and objectives of the current Drainage Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of drainage facilities. The Fund is in compliance with these requirements. xB -15 7- Item 3. - 70 Beginning Balance 101,14a $298,093 Revenue Developer fees 487,431 Interest earned 7,346 Total Revenue $ 494,777 Total Expenditures 0 Beginning Balance 10/15 x`° ��`� � �°�� _ "` $792 870 Projected revenues 225,000 Budgeted expenditures 0 Estimated Balance 10/16 �' � � �°; <r � v � $1,017,870 Rate Schedule Fiscal Year 2014/15 Drainage Fees $13,880 per acre. Environmental Status- Not applicable Attachments None Item 3. - 71 xB -1 s 8- ATTACHMENT #7 H CITY OF HUNTINGTON BEACH PUBLIC WORKS COMMISSION REQUEST FOR ACTION Item No. PW 16-03 SUBMITTED TO: Chairperson and Members of the Commission SUBMITTED BY: Travis K Hopkins, PE, Director of Public Works DATE: February 17, 2016 SUBJECT: Sanitary Sewer Facilities Fund Annual Compliance Report Fiscal Year 2014115 Statement of Issue: In accordance with Section 14.36 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Sanitary Sewer Facilities Fund (Sanitary Sewer Fund) for the City Council. The process provides an opportunity for the Public Works Commission to review planned projects, revenues and expenditures under the program Funding Source: No funding is required for this action. Impact on Future Maintenance Costs- Not applicable. Recommended Action: Motion to recommend to the City Council the approval of the Annual Sanitary Sewer Facilities Fund Compliance Report for Fiscal Year 2014/15. Alternative Action(s): Recommend revisions to the report Analysis: The Sanitary Sewer Fund is a development fee that is restricted to use for sewer capacity enhancements The fee is unrelated to the monthly Sewer Service Charge used for operations and maintenance of the existing sewer system. Section 14 36.070 (d) requires the City Council to review the status of compliance with this Chapter, including the revenues collected and the funds expended. The following information conforms to the requirements of the HBMC regarding revenues and expenditures of the Sanitary Sewer Fund Although this requirement became effective with the adoption of the revised ordinance in 1413 -1 59- Item 3. - 72 July 2003, the Sewer Facilities Fund has existed since 1988 The following information covers Fiscal Year 2014/15 Fiscal Status Revenues and expenditures are summarized below for the past fiscal year The fund balance as of September 30, 2015 was $6,156,735. Not included in this figure are monies owed the Sanitary Sewer Facilities Fund by the Huntington Beach Redevelopment Agency. The original advance was $131,000. With interest accrual, the debt amount for the fiscal year end was $452,172. On June, 29, 2011 , the State of California enacted AB1 X26, which dissolves redevelopment agencies and designates Successor Agencies to "wind-down" activities of the former redevelopment agencies under supervision of newly created Oversight Boards. On January, 31, 2012, the City's Redevelopment Agency presented an initial draft Recognized Obligation Payment Schedule (ROPS) to the Successor Agency In this case, the City has elected to become the Successor Agency The debt noted above is included in the list of obligations; however, no payments are scheduled to the Sanitary Sewer Facilities Fund within the presented time frame. Revenuesl Total revenue for FY 2014/15 was $1 ,61 1 ,690. Residential and commercial developer fees contributed $294,988 and $1 ,010,729 respectively Other revenue included an annual payment from the Sunset Beach of $12,310 for their share of the Warner Avenue Gravity Sewer and a $226,225 payment from a developer for fees related to the Beach/Edinger Specific Plan. The fund was credited $67,438 in interest. Expenditures Fiscal Year 2014/15 Expenditures for the fund in FY 14/15 included $78,300 in salaries and consultant charges related to lift station design. Fiscal Year 2015/16 Budgeted expenditures for the current fiscal year include $271 ,605 in encumbrance carry-forwards Conformance with Program Goals and Objectives Item 3. - 73 HB -160- The Sanitary Sewer Facilities Fund is intended to implement the goals and objectives of the current Sewer Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of sanitary sewer facilities The Fund is in compliance with these requirements Environmental Status: Not applicable. Summary of Revenue and Expenditures Sanitary Sewer Facilities Fund Beginning Balance 10/14, $4,623,345 Revenue Developer fees (residential) 294,988 Developer fees (commercial) 1,010,729 Other 238,565 Interest earned 67,438 Total Revenue $ 1,611,690 Expenditures Salaries (32,413) Design Service 45,887 Total Expenditures $ (78,300) Beginning Balance 10115 , d„o$6,156,735 Budgeted revenues 896,000 Budgeted expenditures (271,605 Estimated Balance 10/16& . ` F $6,781,130g Rate Structure Fiscal Year 2014/15 Wwww .CJ V. SE,E\"C©NNEC10,06Nd DES Effective Q tobePli HB -161- Item 3. - 74 Single Family Dwelling Unit $ 2,256 Multiple Family Dwelling Unit $ 1,845_ "\MN Nc Res n I 'ase ',0 ter meterasize tatanmlw-WIN,quivalen# I W1 I M qtee5=0 &,\T7,ypicyS,-C-DmaWANO, MW Ohi AN P, MIM 27 WE, 3/4" 1 $ 2,564 ill 2 $ 5129 1 1/21) 3 $ 7693 2" 5 $ 12,824 3" 11 $ 28,212 4" Compound 17 $ 43,599 4" Domestic & Turbine 33 $ 84,634 6" Compound 33 $ 84,634 6" Domestic & Turbine 67 $ 171,830 8" Domestic 117 $ 300,061 10" Domestic 183 $ 466,642 Attachments: None Item 3. - 75 HB -162- ATTACHMENT #8 H CITY OF HUNTINGTON BEACH PUBLIC WORKS COMMISSION REQUEST FOR ACTION Item No PW 16-04 SUBMITTED TO: Chairman and Members of the Commission SUBMITTED BY: Travis K. Hopkins, PE, Director of Public Works DATE: February 17, 2016 SUBJECT: Fair Share Traffic Impact Fee Program Annual Report for Fiscal Year 2014/15 Statement of Issue: In accordance with Section 17 65.130 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Fair Share Traffic Impact Fee Program for the City Council. The process also provides an opportunity for the Public Works Commission to review revenues and expenditures under the program. Funding Source: No funding is required for the recommended action All Traffic Impact Fee funds are maintained in a separate account from other City operation funds. Recommended Action: Motion to recommend approval of the 2014/15 Traffic Impact Fee Annual Report to the City Council. Alternative Action(s): Recommend revisions to the report elements or request additional information. Analysis: The Fair Share Traffic Impact Fee (TIF) program is intended to implement the goals and objectives of the General Plan by providing revenue to ensure that the adopted Level of Service standards for arterial roadways and signalized intersections are maintained when new development is constructed within the City limits and that these developments pay their fair share towards short and long term transportation improvements. During the FY 201 1/12 fiscal year, the City Council approved an update of the Fair Share Traffic Impact Fee including minor revisions to the Municipal Code and the fee structure. The following sections comprise the annual report. HB -163- Item 3. - 76 Fiscal Status This report presents the fund information based on the City's preliminary audit for Fiscal Year 2014/15 The balance for the fund at the beginning of the fiscal year was $3,064,304. During FY 2014/15, Traffic Impact Fee fund recognized $1 ,140,323 in revenues including, $1,097,012 in Impact Fees Paid and $43,311 in interest. Expenditures from the fund include $5,604 in personnel salaries and benefits related to program and project administration and $158,217 in costs associated with the land acquisition efforts for the Atlanta Avenue Widening project for a total of $163,821 . The fund balance at the end of the fiscal year was $4,040,806. Budgeted projects for FY 2014/15 included Atlanta Avenue Widening, Ellis/Main Traffic Channel Modifications and Brookhurst/Adams Intersection Improvements Planned Capital Projects, Studies and Expenditures The City Council approved new funding for Fiscal Year 2015/16 in the amount of $600,000 The Edinger Avenue Widening project and an additional appropriation of $86,000 for the Northbound Beach Boulevard Improvements Funds in the amount of $50,000 for the Ellis/Main project were carried forward to FY 2015/16 as where $398,578 in unspent funds designated for Atlanta Widening. Encumbrance carry over funds from FY 14/15 totaled $148,873. Conformance with Program Goals and Objectives The Traffic Impact Fee Program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as stated in the Municipal Code Chapter 17.65. Completion of the planned projects implements improvements identified in the Circulation Element of the General Plan and is in conformance with the goals and objectives of the Fair Share Traffic Impact Fee program. Item 3. - 77 HB -164- Summary of Revenue and Expenditures Traffic Impact Fund Be inning,,Balance 10%14 k 3 064 304 Revenue Traffic Impact Fees 1,097,012 Interest earned 43,311 Total Revenue $ 1,140,323 Expenditures Salaries (5,604) Land Acquisition Costs (158,217) Total Expenditures $ (163,821) Be innin-Balance 10/15\ °` ' $4,040,806 Budgeted revenues 713,000 Budgeted expenditures (1,283,451) Estimated Balance 10/16 r F$3,470,355 xB -165- Item 3. - 78 ATTAC H M E N T #9 RESOLUTION NO. 2012-23 r A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF HUNTINGTON BEACIJ AD OPTING THE DEVEL OPMENT IMPACT FEE CACULATIONAND NEXUS REPORT FOR THE CITY OFHUNTINGTONBEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHBREAS,severat policies within the City's General Plan require that new development mitigate its share of the 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,among 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 Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above,the amount of the development impact fee is to be set and/or updated by resolution of the City Council;and Subsequently,and periodically,staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development;those fees are set forth in Resolutions 6164,2006- 23,2000-97,2004.88,99-60 and 96-71;2002-129,2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees;and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees,the creation of new impact fees and establishes the nexus between the imposition of such impact.fees and the estimated reasonable cost of providing the service for which the fees are charged;and The Nexus Report has been available for public review and continent;and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees;and _ 1 12.3209.006179289 Item 3. - 79 HB -166- Resolution No.2012-23 The City has collected development impact fees.to mitigate th@ impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions;and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report;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 proposed increase in development impact fees at its regular meeting on dune 18 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Findin s nursuant to Governmen Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identities 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 Uso on�istcnt Ah the 'Nexus e ort, The City Council hereby determines that the fees unposed,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 Nexus Report. 3. Approval of Items in the Nexus_Report. the City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12.3209.000920 Hs -167- Item 3. - 80 11 Resolution No.2012-23 4. Consistency with General Plan, The City Council fiends that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require now development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. PLIfferentiation. among Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision,this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. MQA Finding. The adoption of the Nexus Report and the increase in development 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 7. ,Adoption of Report The Nexus Report as amended April 27, 2012, including Appendices,is hereby adopted. 8. Fee)Gnaposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5,2012 and the following milestones are met; 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18,2013. 2. From the time of initial building permit application,the project makes continued progress toward satisfying plan check comments. 3, Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in hislher sole discretion, to extend milestone dates for qualifying "grandfathered" projects, All 'other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid-pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12 3209.006nM9 Item 3. - 81 HB -168- Resolution No.2012-23 taken by City Council adopting the ordinances or resolution referenced herein, resolutions 6164, 2006-23,2000-97,99-60,2004-88 and 96-71 shall remain in effect. 10. ,Amunt of Fee, The City Coimcil hereby approves and adopts the Development Impact Fees as set forth in Exhibit"A,"attached hereto and incorporated herein as well as Nexus Report Schedules 3.2,4.3, 5.2, 6.2,7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development Impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside Alt 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 shall be increased using the Engineering News lWord's construction cost Index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fue, The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to exi_ stingy 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 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. 12. Fee Determination by Type of Use. A. Rggidential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee 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. our sidential Land Uses. Development impact fees 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 development impact fee 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. C. Uses Not Specified. In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or 4 12-3204.00"289 HB -169- Item 3. - 82 11 ' Resolution No.2012-23 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, 13. 1'xlor Resolurions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeat any previously adopted development impact fee resolutions concerning the same,including 6164, 96.71,99.60,2000-97, 2004-88 and 2006-23,2002-129,2004-88. 14. BsyergbillV. If any action, subsection, sentence, clause or phrase of this resolution, the 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 Nexus Report, 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. 15. gffective Date. Consistent with California Government Code section 66017(a), the fees as identified in attached Exhibit "A" adopted by this resolution shall take effect sixty (60)days folloydng final action taken on the respective ordinances or amendments thereto by the City Council, 16. Appeals, Appeals of any fees, including methodology, use, land valuations etc. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17.73. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the�i s day of June 00 1-2- Mayor RE ND APPROVED: INITI AN OVED: 04#MaXer Deputy City anager APPROVED AS TO FORM: City Attorney m ..ar„��� S 12-3209.006n9299 Item 3. - 83 1413 -1 70- Exhmlbolt A- HB -1 7 1- Item 3. - 84 Exhibit A-3 Aternative Fee Schedule No.3 Development Impact Fees effective 9/212012) 30% Circulation Park Land/ system 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) $119 $277 $1,800 $1,091 $6,802 Attached Dwelling Units(per Unit) $245 $115 $1,238 $519 $4,632 Mobile Home Dwelling Units(per Unit) $111 $475 $940 $479 $3,351 Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0,04/SF $0.23/SF Resort lodging Units(per Unit) No Fee No Fee $172/trip $0,04/SF $0.23/SF Commerclal/Office Uses(per sq.ft.) $0.312 $0,099 $4,175 No Fee $0,447 Industrial/Manufacturing Uses(per sq,ft.) $0,133 $0.009 $1.279 No Fee $0,393 Development Impact Fees (Effective 9/2/2013) 60% Circulation Park Land/ System 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) $238 $553 $2,092 $1,126 $11,540 Attached Dwelling Units(per Unit) $489 $229 ,$1,417 $686 $8,576 Mobile Home Dwelling Units(per Unit) $221 $950 $1,094 $588 $6,701 Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0,23/SF Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0,04/SF $0.23/SF Comm erclal/OffIce Uses(per sq.ft.) $0 625 $0.197 $4.1.75 No Fee $0.664 Industrial/Manufacturing Uses(per sq.ft.) $0.266 $a018 $1,498 No Fee $0,555 Development Impact Fees (Effective 9/2/2014) 90% Circulation Park Land/ System Open Space Law Fire (Streets, &Facilities Enforcement Suppression Signals, Public Library (No Tract Land Use Facilities Facilities Bridges) Facilities Map) i Detached Dwelling Units(per Unit) $356 $830 $2,385 $1,160 $16,278 F Attached Dwelling Units(per Unit) $734 $344 $1,597 $852 $12,520 Mobile Home Dwelling units(per Unit) $332 $1,425 $1,248 $697 $10,052 ! Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Resort Lodging Units(per Unit)" No Fee No Fee $172/trip $0.04/SF $0.23/SF Commerclal/Office Uses(per sq.ft.) $0.937 $0.296 $4.175 No Fee $0.882 Industrial/Manufacturing Uses(per sq.ft.) $0.399 $0.027 $1,716 No Fee $0.718 Date Pdatedi5J2412012,June 4 Resolullon 90 60,00 Page 1 Item 3. - 85 H13 -172-