HomeMy WebLinkAboutFiscal Year 2012-2013 Annual Compliance Reports for Public L 7--449- 7k
Dept. ID AD 14-015 Page 1 of 2
Meeting Date:4/21/2014
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CITY OF HUNTINGTON BEACH
� REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Teri Baker, Assistant to the City Manager
SUBJECT: Approve Fiscal Year 2012/13 Annual Compliance Reports for Public Library,
Parkland Acquisition and Park, Law Enforcement, and Fire Suppression
Facilities Development Impact Fees
Statement of Issue:
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,
Park, Law Enforcement, and Fire Suppression Facilities. California Government Code
requires preparation of Annual Reports for Development Impact Fees (DIF).
Financial Impact:
None by this action.
Recommended Action:
A) Approve the Annual Compliance Report, "Public Library Facilities Development Impact
Fees Annual Report Fiscal Year 2012/13; and
B) Approve the Annual Compliance Report, "Parkland Acquisition and Park Facilities
Development Impact Fees Annual Report Fiscal Year 2012/13; and
C) Approve the Annual Compliance Report, "Law Enforcement Facilities Development
Impact Fees Annual Report Fiscal Year 2012/13; and
D) Approve the Annual Compliance Report, "Fire Suppression Facilities Development
Impact Fees Annual Report Fiscal Year 2012/13
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
Item 4. - I HB -78-
Dept. ID AD 14-015 Page 2 of 2
Meeting Date:4/21/2014
the fiscal year. 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 24, 2014 (Attachment 1).
Fiscal Year 2012-13 annual reports for and Public Library Facilities, Parkland Acquisition
and Park, Law Enforcement, and Fire Suppression, Facilities are attached for your review
and approval (Attachment 2). A summary of the fees collected and expenditures is
provided below:
Law
Parks Enforcement Suppression
re Library
Beginning $1,899,096 -0- -0- -0-
Balance
10/01/12
Fees Collected $793,030 $16,435 $10,478 $118,549*
as of 9/30/2013
(includes interest
earned
Expenditures $133,186 -0- -0- -0-
Ending Balance $2,558,940 $16,435 $10,478 $118,549
913012013
*$24,013 in Public Library Facilities Fees were collected FY2012/13. An additional$94,536 revenue transfer
occurred from library development fees collected prior to the new fee being established for a total of
$118,549.
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.
Environmental Status:
N/A
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1) Memo to City Council dated March 24, 2014
2) FY 2012/13 Annual Reports for Public Library Parkland Acquisition and Park,
Law Enforcement, Fire Suppression, and Facilities
3) Resolution 2012-23 Adopting the Development Impact Fee calculations and
Nexus Report
xB -7Q_ Item 4. - 2
ATTACHMENT # 1
s
CITY OF HUNTINGTON BEACH
Interoffice Communication
City Manager's Office
TO: Honorable Mayor and City Council Members
FROM: Fred Wilson, City Manager
DATE: March 24, 2014
SUBJECT: RELEASE OF FY 2012-13 DEVELOPMENT IMPACT FEE ANNUAL
REPORTS FOR PARK, LAW ENFORCEMENT, FIRE SUPPRESSION, AND
PUBLIC LIBRARY FACILITIES FEES
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 2012-13 annual reports for 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 17, 2014 City Council Meeting. By way of this
transmittal, I am releasing the reports for public review. Please contact me if you have any
questions.
C. Jennifer McGrath, City Attorney
Joan Flynn, City Clerk
Ken Domer, Assistant City Manager
Robert Handy, Police Chief
Patrick McIntosh. Fire Chief
Stephanie Beverage, Library Director
Janeen Laudenback, Community Services Director
Scott Hess, Director of Building and Planning
David Bunetta, Police Captain
William Reardon, Fire Davison Chief
Kevin Justen, Sr. Fire Administrative Analyst
Scott Hess, Director of Building and Planning
Dave Dominquez, Manager, Facilities Development and Concessions
Elaine Kuhnke, Sr. Administrative Analyst
Attachments:
2012-13 Parkland Acquisition and Park Facilities Development Impact Fee Annual Report
2012-13 Law Enforcement Facilities.Development Impact Fee Annual Report
2012-13 Fire Suppression Facilities Development Impact Fee Annual Report
2012-13 Library Facilities Development Impact Fee Annual Report
Resolution 2012-13 adopting development impact fee calculations and nexus study report
Item 4. - 3 11B -80-
A I -TACHMENT #2
2012-13 DEVELOPMENT IMPACT
ANNUALFEES
6
HB _b 1- Item 4. - 4
FY 2012-13 Public Library Facilitiesi
Report
Item 4. - 5 HB -82-
PUBLIC LIBRARY FACILITIES
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2012-2013
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).
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 21, 2014.
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 and nonresidential 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
1113 -83- Item 4. - 6
development within the city. As shown in Exhibit A-3 of Attachment 2, 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, 2012, the fees are as follows
Land Use Amount
Detached Dwelling Units (per unit) $1,091
Attached Dwelling Units (per unit) $519
Mobile Home Dwelling Units (per unit) $479
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.
Ill. FINANCIAL SUMMARY
Fiscal Year 2012-2013 Revenue
The beginning fund balance as of September 30, 2012 was -0-. During Fiscal Year 2012-13,
$24,012-72 (Attachment 2) in Public Library Facilities Fees were collected. Additionally, a
$94,536 revenue transfer occurred from library development fees collected prior to the new fee
being established. Therefore, the ending balance as of September 30, 2013 was $118,548. It
is important to note that this fee was not effective until September 2, 2012.
Fiscal Year 2012-2013 Expenditures
There were no expenditures during the 2012-13 Fiscal Year to the Library Facilities fund. As
funds are collected, future reports will reflect expenditures in accordance with HBMC
17,67.065 as described above.
LISTING OF ATTACHMENTS:
1, Ordinance No. 3945
2. Summary of Public Library Facilities Development Fee
Item 4. - 7 JIB -84-
ORDINANCE NO. 3945
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
DELETING CI IAPTER 17.66 OF TI fE 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.
SECTION2. 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
17.6T030 Establishment of a Library Development Impact Fee
17.67.035 Fund Established
17,6T036 Fee imposed.
17.67.040 Exemptions and Credits
17.67.045 Calculation of Required Fees
17.67.0.50 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.
I7,67.090 Annual report and amendment procedures.
1.7.67.100 Effect of Library Development Impact Fee on zoning and subdivision
reoulations,
M 1 7.67.110 Violation—Penalty.
17.67.120 Severability.
1113 -85- Item 4. - 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 lirnits. 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 frorn 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 Legislative'Findings.
A. The State of California, through the enactment of Government Code Sections 66001
through 66009 has authorized the City to enact development impact fees.
B. The imposition of development impact fees is a method of ensuring that new
development bears a proportionate share of the cost of capital facilities and other costs
necessary to accommodate such development. These fees are established to promote and
protect the public health, safety and welfare.
C. 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 iterns in the systems.
12-3209.005/771 615 2
Item 4. - 9 11B -86-
Ordinance No. 3945
E. 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 Mth
an analysis of the need for the expansion of library facilities and collections has been
prepared. 'I'hisstudy 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 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 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
1-113 -87- Item 4. - 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-
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 library services will be provided ovcT, 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
household-, 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
12-3 209.005i77615 4
Item 4. - 11 FTB -88-
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 Ishall 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 wlithin 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
I
established by the current fee resolution setting the amount of the fee;
2. Determining the gross square feet of floor area, or iminber of lodging units, type
of use and location in a nonresidential development,, and multiplying the same by
I
the Library Development Impact Fee arnount 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,itype 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;
i
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 the Library
Development Impact Fee amount as established by ithe current fee resolution. Ihe
12-3209MS/776a 5
HB -89- Item 4. - 12
Ordinance No. 3945
gross square feet of floor area of any accessory use will be charged at the same
I I
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. I
A The City shall collect from the applicant the t,ibrary Developm6at Impact Fee prior to the
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 Pavments for Phased Development Projects. If a Development Project will be
constructed in phases, and separate building permits and certificate's 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 1 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 I..,ibrary 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
gal Colle i
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
12-3209MS/77615 6
Item 4. - 13 HB -90-
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 Citv's average annual cost of funds will be made only upon
an application flied within 180 days of the expiration of the fifth anniversary of the fee
payment.
_1J._6 1'.66S Ose 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. 'flie 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:
S. 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 Im 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 Adiustments Shall be as set forth in Chapter 17.73 of this Code
12-3209.005/77615 7
HB -91- Item 4. - 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
by the applicant are either unreliable or inaccurate. In no event&11 the amount of the
exceed the improvement cost specified in the Nexus Report, or other applicable basis for
'c , 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 in 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 1%4,ltb Government Code Section 66006.
incorporating among other things:
I. 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
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
12-3209,005177615 8
Item 4. - 15 HB -92-
Ordinance No. 3945
increases the amount of the Library Development Impact Fee shad] 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
This Chapter shall not affect, in any manner, the pen-nissible use of property,
fez 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 Severabifity. 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 30 days after its adopt-ion.
PASSED AND ADOP'IT-D by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of —July 20L2,
Mayor
ATTEST:
le� IN ITIA-T*kE-D AND�_-APP VED:
L*'J 6%4'- JAVW) /11
(JCity Clerk V
D C'tor'o library Services
ire ft
REA'A APPROVED: LI-11
APPROVED AS TO FORM:
*iager
City Attorney �. j
12-3209.005/77615 9
if
HB -93- Item 4. - 16
Ord. No. 3945
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
CITY OF WNTINGTON REACH
1, JOANT L. FIA-NN, 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,Cl"!'Y CLLRK of the City of H-antington
Beach and c\-ofincio Uerk of the City Council,do hereby
CCrflft�tha-.a synopsis Of this 4L11diJJq11c(%IJaS LICCIL
published in the Hunting on Beach Fountain Valley
Independent on july 12,2012
In accordance~with the City Charter of said City
Joan L. Flynn,City,Clerk Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
Item 4. - 17 HB -94-
Lib-Dev
BI-PERMIT-PI BI-PERMI'Bi-PERMIT-H-STI BI-FEE-TYPE BI-FEE-DAT BI-FEE-FEE-AMOUNT
Revenue Collected in 22900229.47290
7-�'c'.-�,� -,-,Z
'. Z , �0. 223 12th St DF11 3/20/2013 $1,091.00
C2012005524 407 14th St DF11 12/19/2012 $11,091.00
C2012005529 405 14th St DF11 12119/2012 $1,091.00
C2012005483 613 1 Oth St DF11 4/1/2013 $1,091.00
C2012005484 615 1 Oth St DF11 4/112013 $1,091.00
C2012006584 17011 Bolero Ln DF11 3/14/2013 $1:091.00
f7;2,-D 7404 414 1 Oth St DF11 6/20/2013 $1,091.00
t": 4946 L L!U 3301 Bounty Cir DF11 12113/2012 $1,091.00
C2008005282 1017 Delaware St DF11 9/30/2013 $1,091.00
C2008010"55983 1019 Delaware St DF11 9/30/2013 $1,09100
C2013003011 402 10th St DF11 8122/2013 $1,091.00
C2013003014 404 1 Oth St DF11 8/22/2013 $1,091.00
C201,2002668 617 Hartford Ave DF11 9/23/2013 $1,091,00
C2012003151 410 12th St DF11 1/10/2013 $1,091.00
C2012003132 221 12th St DF11 3/20/2013 $1,091.00
C2012006150 17066 Marinabay Dr DF11 4111/2013 $1,091.00
C2012006276 121 7th St DF11 8/8/2013 $1,091.00
C2012007091 16532 Cotuit Cir DF11 61312013 $1,091.00
C2013002591 231 Alabama St DF11 9/6/2013 $1,091.00
C2013002596 233 Alabama St DF11 9/612013 $1,091.00
C2013002598 235 Alabama St DF11 916/2013 $1,091.00
C2013003951 527 12th St DF11 9/25/2013 $1,091.00
B2013001158 16196 Pacific Coast Hwy DF14 3/28/2013 $10.72
QIE fees .............................................. 24.......
ed
Page 1
NB -95- Item 4. - 18
FY 2012-13 Parkland Acquisition and Park
Facilities Annual Report
Item 4. - 19 1 IB -96-
PARKLAND ACQUISITION AND PARK FACILITIES
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2012-2013
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).
111. 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 21, 2014,
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.
I
TAB -97- Item 4. - 20
In addition, the fees may be specifically used as summarized below.
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 community 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), 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 leases with Southern
California Edison, as well as approved youth sports grants in City parks. 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 October 1, 2012 — September
30, 2013, the majority of the fees collected were based on the 30% fees effective
as of September 2, 2012 and shown below.
Land Use Amount (30%) Amount (60%)
(Eff. 912112) (E ff. 912/13)
Detached Dwelling Units (per unit) $6,802 $11,540
Attached Dwelling Units (per unit) $4,632 $8,576
Mobile Home Dwelling Units (per unit) $3,351 $6,701
HotellMotel Lodging Units(per unit) $0.23 per sq. ft. $0.23 per sq. ft.
Resort Lodging Units (per unit) $0.23 per sq, ft. $0.23 per sq. ft.
CommerciallOffice Uses (per sq. ft.) $0.44 7 per sq. ft. $0.664 per sq. ft,
IndLIStrial/Manufacturing Uses (per sq. ft.) $0.393 per sq. ft. $0.555 per sq.ft
Interfund Loans
No park fees were loaned during this reporting period.
2
Item 4. - 21
Refunds Due to Protests
No refunds were made due to protests during this reporting period.
Ill. FINANCIAL SUMMARY
Fiscal Year 2012-13 Revenue
As shown in Attachment 2, the beginning fund balance as of September 30,
2012, was $1,899,096. During Fiscal Year 2012-13, $789,753 in Park
Development Impact fees was collected and $3,277 in interest was earned, for a
combined total of$793,030.
Fiscal Year 2011-2012 Expenditures
As also shown in Attachment 2, $133,186 was expended for various park
improvement projects, park leases, contracted1professional services, staffing,
and youth sports grants to community organizations. The 2012-13 year end Park
Development fund balance is $2,558,940.
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 2013-14
Murdy Park Community Center Patio Reconfiguration — $115,000.00
Reconfiguration of the south patio area of Murdy Community Center and installation of a pre-
engineered shade structure.
FY 2013-14/2014-15
Sports Complex Team Room - $162,740
Construction of a team assembly room at the Huntington Central Park Sports Complex.
FY 2013-1412014-15
Shipley Nature Center Permanent Parking Lot— $250,000-00
Construction of a permanent parking lot in Central Park to accommodate programming at Shipley
Nature Center.
LISTING OF ATTACHMENTS:
1. Ordinance No. 3946
2. Overview Parkland Acquisition Development Fee Summary Statement
3
-HB -99- Item 4. - 22
ATTACHMENT I '
ORDINANCE NO. 3946
AN ORDINANCE:OF THE CITY OF HUNTINGTON BEACH
AN4ENDING THE HUNTIi'rTOT ON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 17.76 RELATING TO PARKLAND ACQUISITION
AND PARK FACIT.,ITlES DEVELOPMENT IMPACT FEES
The City Council of the City of Huntington Beach dues hereby ordain as follows.
SECTION 1. The Huntington Beach Municipal Code is hereby'amcmded to add
Chapter 17.76, said chapter to read as follows:
Chapter 17.76
PARKLAND ACOUISITION AND PARK FACILIT l S
D VELOPMENT IMPACT FEES
Sections
17.76.010 Legislative findings.
17,76.020 Intent and Purpose.
17.76.030 Definitions.
1.7,76.040 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 fiends.
17.76.100 Refund,
17.76.110 Exemptions and credits.
17,74.120 Appeals.
17.76.130 Credit for Construction of Ilion.-Site Related Improvements.
17.76.140 Eligible Expenditures from Fee Reserve Account
17.76.150 Annual report and amendment procedures..
17.76.160 Effect of Parkland Acquisition and Park Facilities Development Impact Fee on
zoning and subdivision regulations.
17,76,170 Violation--Penalty.
17.76.180 Severability.
1
Li 32G9M2R93101 - -
Item 4. - 23 HB -100-
Ordinance No.3946
17.76.010-_Ledclative 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"totlots," 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 larks and community facilities will become overcrowded and ovenised. �
E. Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City
of Hunting4on Beach":("Nexus Report'') dated October,2011, as amended April 27,
2012,which is incorporated herein by reference in these fmidings 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 nmuesidential 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 co Mtznity facilities in
furtherance of the City General Flan,as-well as identified in the Nexus Report,and the �
attached City of Huntington Reach Master Facilities Development Plan, and the City
of Huntington Beach Capital Improvement Flan.
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
12320.CIO i1 9301
l�l i3 -lot- Item 4. - 24
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 unposed.
17.76.020—Intent and Purp€rsc.
A Parkland Acquisition and Park Facilities Development Impact fee is being; created for the
purpose of assuring that the'impacts created. by new development in the City of Huntington
Beach pay a fair share of the proportional costs for the acquisition, relocation and expansion
of parkland, park development and community use facilities and related costs necessary to .
accommodate such.development. This fee was once identified as a development impact fee.in
.Resolution 2002-129 created pursuant to Huntington Beach Zoning and Subdivision
Ordinance section 230.20.
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, as well as following the recommendations in the Nexus
Report including the Master Facilities Plan and the City of Huntington Beach Capital
Improvement Plan by ensuring that the City's acquisition, relocation and expansion of
parkland and community facilities development are maintained when, new development is
constructed within the City limits. By imposing a fee that is reasonably related to the burdens
created by Dour development on the City's parklands, together Nvith funding available from
other City revenue sources, the City will be able to purchase land and construct the required
capital improve�mnts to accommodate projected growth and fulfill the goals, objectives and
policies of the City's General Plan and Master Facilities Plan a part of the Nexus Report.
It is the intent of the City Council that the fee required by this Chapter shall be supplementary
to any conditions imposed upon a development project pursuant to'other provisions of the
Municipal Code, the Subdivision Map Act, the California Environmental Quality Act. other
state and local laws, ordinances or chapter provisions which may authorize the imposition of
conditions on development.
17.76.030-Definitions. Shall be as set forth in Chapter 17.73 of this Code.
17'76 040 -Parkland Acquisition and Park Facilities Deve)opment 1mnact Fee. There is
imposed a Parkland Acquisition and Park Facilities Development Impact Fee on all non-
subdivided new residential and rlonresiderltial 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
,l-mpact Fee fund is a fund to be utilized for payment of the actual or estimated costs of
parkland acquisition and community facilities development as set forth in Chapter 8 of the
Nexus Report which includes the City of Huntington Beach Master Facilities Plan, as well as
the City of Huntington Beach Capital Improvement Plan related to new residential and
nonresidential construction.
Q
12-3209,002'79301
Item 4. - 25 14B -102-
Ordinance No. 3946
17:76.060-Fee imposed.
A, Any person vvvao, 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
Part-Land Acquisition. and Park Facilities Development Impact Fee in the maniier 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 pen-nit
approval for the activities listed in this Chapter, shall be issued unless and until the
Parkland Acquisition and Park Facilities Development Impact Fee required by this
Chapter has been paid to the City.
17.76.070-Calculation of Parkland Acquisition and Parlr Facilities Development Impact
Fee.
A. At the time of the issuance of the building pernri.it, the Director of Planning and
Building or his/her designee("Director") shall calculate the aniount of the applicable
Parkland Acquisition and Park Facilities Development Impact Fee due as specified irn
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:
i. Determining) the number and type' of dwelling units in a residential
development and multiplying the same by the Yarkland 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 residesi.tiO 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 iinclade
4
12.3209.00;2/79301
HB -t 0;_ Item 4. - 26
Ordinance No.3946
two(2) or more nonresidential principal uses, and multiplying the saute by the
Parkland Acquisition and Park Facilities Development .Impact Fee amount as
established by the current fee resolution.. The gross square feet of flour area of
any accessory use willbe 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 fGr 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 calculatedd 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.
1.7.76.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 raymeut 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 ccrtilicate of occupancy,temporary
certificate of occupancy,or final building permit approval.
B. Except for any administrative charge allocated to the City, all hands collected shall be
properly identified and promptly transferred for deposit in the Parldaud Acquisition
and Park. Facilities Development Impact Fee fund and used solely for the purposes
specified in this Chapter.
17-?6.090 Use of funds.
A. Funds collected fiom 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 kiclude.
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 co unity 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 linarzciag(e.g., interest payments).
5
12-3109.W2,'?9301
Item 4. - 27 11B -104-
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 tip to twenty(2Mo)
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 dcmmstrates 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 witl-An ninety (90)days
after tl>e payment of the fees,
C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of
the then current landowner, fens 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 sulbsection,
fees are deemed to have been "committed" if they have been budgeted or otben,&,e
encumbered by the City for an eligible improvement, studies, design drawings or any
necessary applications for approval by other governinental agencies have been
6
i
12-32£79 )Y79301
HB -105- Item 4. - 28
Ordinarxe To,3946
initiated, construction bidding has been initiated, or improvements are utader
construction. Eligible refunds,talus 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. Exern Lions. 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, marmer and will be considered pursuant to the same
procedure as for a fee adjustment as provided in this Chapter 17.73. The following
:hail 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 =1 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 si=e and use,
prodded that no additional relocation or expansion of parkland and
park facilities development will be rewired over and above those
provided by the original use of the land;
i
C. The construction of residential accessory buildings, stzuc-tures 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 th-e development of ore than one (1) unit per lot, nor
to the replacement of a single-family dwelling with more than one (1)
dwelling unit;
i
2, Affordable housing for to-wer income households, Property rented,leased,sold,
conveyed or otherwise transferred, at a rental price or purchase price which
does not exceed the "affordable housing coast," as defined in Section 50052.5 of
the California Health and Safety Code when provided to a "lower income
household" as def reed in Section 50079.5 of the California Health and Safety
7
I2-3'(ig,OV21793 Gl
Item 4. - 29 1113 -1 06-
Ordinance No.3946
Code or "very low-income household" as defined in Section 501.05 of the
California Health and Safety Code. This exemption shall require the applicant
to execute an ageement 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 Acgcrisition and Park Facilities Development Impact.
Fee at the time of voluntary conversion or as imposed at the time of ziolation
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 (CID) 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 Appears. Shall be as set forth in Chapter 17.73 of this Code.
17 7G 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 a
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 7t4140 Eligible Expenditures From Fee Reserve Account. All monies and interest
earnings in any Reserve Account shall be expended on the projects of the nature or type
identified in the,Nexus Report, or such other report as inay be prepared from time to time to
8
E2-3iO4.0021?9301
HB -107- Item 4. - 30
-
Ordinance hxo.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
Govenmi6 it C`o e Secction 66U06,incorporating among other things:-
l_ 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; S
A
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 . k
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 sucl3 other tinges as may be deemed necessary.
17 76160 Effect of parkland Acquisition And Park Facilities Development Impact Fee
on zonin and subdivision relations.. This Chapter shall not affect, in any manner, the
permissible use of property, density/intensity of develop eM 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 hall ford and effect without limitation with respect to
all residential and nonresidential development.
9
12 2209,001793of
Item 4. - 31 1113 -108-
Ordinance No.3946
1.7.76.170 Violation—Penal A violation of this Chapter shall be prosecuted in the same
mariner as misdemeanors are prosecuted; and upon conviction, the violater shall be
punishable according to law. However, in addition to or in lieu of any crimina; prosecution,
the City shall have the power to sue in civil court to enforce the provisions of this Chapter.
1.7.76.180 Severability. If any section,phrase,sentence,or portion of this Chapter is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portions
shall be deemed a separate, distinct, and independent provision; and such holding shall not
affect the validity of the remaining portions thereof.
SECTION 2. This ordinance shall become effective 30 clays after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nci daY of July 20 1?
Mayar
ATTEST:
Il?ITI AIN ROVED:
City Clerk
Deputy City Manager
RE irI APPROVED:
APPROVED AS TO FORM:
Yilryanag(�:r
City Attorney ,
10
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HB _109_ Item 4. - 32
Ord. No. 3946
STATE OF CALIFORNIA.
. )
COUNTS.'OF ORANGE ) ss.
CITY OF MJNTINGTON BE, )
I,JOAN L.FLYNrN,the duly elected,qualified City Clerk of the City of
Ihintington Beach,'and ex-off cio Clerk of the City Council of said City,do hereby
certify that the whole utimber 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 rear
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 Grote of at I=it a majority of all the mernbers of said City Council.
AYES- Shaw,Crrchio, Bohr,Boardman
NOES- Harper,Dwyer,Hansen
ABSENT; None
ABSTAIN: None
... _........
1,loan L.Tlyart,CITY CLERK of the city of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certj fmt a synopsis of this urdinanm has been
published in the Huritiagton Beach Fountain Valky
Independent on My"12,2012.
In ac.m.dmice witli the City Charter of said City I
_�......._.�._..._ Li,
Q Clerk and ex-ot�icio erkla Senior llep rty Cily Cirrk of the City Council of the City
of Huntingtoi7 Beach,California
Item 4. - 33 HH -110-
OVERVIEW ATTACHMENT 2
Park Development Impact Fee
Annual Financial Summary Statement
Fiscal Year 2012-13
Amount
Fund Balance 9/30112 1,899,096
Revenue FY 2012-13 Amount
Fees(Fund 228) - Residential 715,059
Fees(Fund 235) - Non Residential 59,725
Fees (Fund 236) - Public Art in Parks 14,969
Combined Fund Interest 3,277
Revenue Total 793,030
Percent
Funded
with Dev.
Impact
Expenditures FY 2012-13 Amount Fees
Park Improvements(A) 4,149 100%
Park Leases 25,486 100%
Professional/Contracted Services(B) 54,591 100%
Youth Sports/Non Profit Grant Expenditures(C) 4,500 100%
Staffing 44,460 50%
Expenditure Total 133,186
Fund Balance(9130113) $2,558,940
A) Triangle Park Sign
13) Professional design/landscape architect services for Shipley Permanent Parking Lot,Worthy Park, and Senior
Center Design/Engineering
C) Robinwood Little League(Marina Park)
T I B -1 11- Item 4. - 34
°Y 2012-13 LawEnforcement ac t es
Annual Report
Item 4. - 35 HB -1 12-
LAW ENFORCEMENT FACILITIES
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2012-2013
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).
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
orfund
• 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 21, 2014.
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:
HB -1 ] 1- Item 4. - 36
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 13, 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. As shown in Exhibit A-3 of
Attachment 2, 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, 2012, the fees are as follows:
Land Use Amount
Detached Dwelling Units (per unit) $119
Attached Dwelling Units (per unit) $245
Mobile Home Dwelling Units (per unit) $111
Hotel/Motel Lodging Units (per unit) No fee
Resort Lodging Units (per unit) No fee
Commercial/Office Uses (per sq. ft.) $0.312 per square foot
Industrial/Manufacturing Uses (per sq. ft.) $0.133 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.
Ill. FINANCIAL SUMMARY
Fiscal Year 2012-2013 Revenue
The beginning fund balance as of September 30, 2012, was $0. During Fiscal
Year 2012-2013, $16,435 in Law Enforcement Facilities Fees were collected
(Attachment 3).
Item 4. - 37 1113 -114-
Fiscal Year 2012-2013 Expenditures
There were no expenditures during the 2012-13 Fiscal Year to the Law
Enforcement Facilities fund.
LISTING OF ATTACHMENTS:
1. Ordinance No. 3942
2. Listing of Law Enforcement Facilities Development Fees Collected
11B -115- Item 4. - 38
ORDINANCE NO. 30,42
AN ORDINANCE OF THE CITY OF HUN`I"INGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL
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 1. The Huntington Beach Municipal Code is hereby amended to add
Chapter 17.73,said chapter to read as follows:
Chapter 17.75
POLICE FACILITIES DE:NTLOP 4'11ENT INIPACTFEES
Secdolns
17.75.010 Legislative findings.
17.75.020 Intent and Purpose.
17.75.030 Definitions.
17.75.040 Police Facilities Development Impact Fee.
17.75.050 Fund Est lisped..
17.75-060 Fee imposed.
17.75.070 Calculation of Police Facilities Development Impact Fee.
17.75.075 Fee Payments for Phased Development Projects
17.75.076 Fee Adjustments.
17.75.080 Payment of fee.
17.75.090 Use of fiends.
17.75.100 Refund.
17.75.110 Exemptions and credits.
17.75.120 Appeals.
17.75.13€1 Credit for Construction of Non-Site Related Improvements.
17.75.140 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
subdivision regulations.
17.75.170 Violation—Penalty.
17,75.180 SeN erability.
1
E2-3209,001=78 s
Item 4. - 39 HB -116-
. Qrdhiance No.3942
17.75.010-Legislative findines.
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 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" C 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
property for police facilities; the construction of buildings for police services; the
furnishing of buildings or facilities for police services: and the purchasing of
equipment and vehicles for police services.
F. '11.e 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.
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 fee and the cost of the facilities and equipment or portion thereof
attributable to the development on which the fee is imposed.
2
12-3209.00V78549
1113 -I I Item 4. - 40
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 constrcected 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
construct the required capital improvements,accommodate projected growth and fulfill the
goals, objectives and policies of the City's General Plan and Mauer 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 -Deenitions. Shall be as set fort in Chapter 17.73 of this Code.
17.75. - Police Facilities Development Impact Fee. There is imposed a Police
Facilities Development Impact Fee on all new non-subdh ded Residential and
Nonresidential development.
17.75.050 - 1und 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 Plan, as well as the City of
Huntington Beach Capital Iamprovement 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, seeps to engage in non-subdivided Residential or Nonresidential
development including mobileho e development by obtaining a building permit or
other discretionary approval is required to pay a Polices Facilities Development
Impact Fee in the manner and amount as set forth in the current City of Huntington
Beach Fee Resolution separately adapted.
12-3209.001178649
Item 4. - 41 1113 -118-
Ordinance No. 3942
B. No certificate of occupancy, temporary certificate of occupancy, or final building
permit approval or construction approval for a mobileho e pad or pads, as
applicable, for the activities listed in this Chapter, shall be issued unless and until
the Police Facilities Development Impact Fee rewired by this Chapter has been
paid to the City.
17.75.070-Calculation of Police Facilities IDevelopm e t lmpa t 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 of the 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 mobileho e 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 grass 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
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 sane by
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 principal use.
17 75 075 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
4
12-3209.£01178649
H R -119- Item 4. - 42
Ordinance Nro.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 re-presents 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.
17.75.080-Pav ent 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 mobilehome
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.
17.75.09 -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 shall include:
1, The acquisition of additional property for lave enforcement facilities;
2. The construction of new facilities for law enforcement services;
3. The furnishing of new buildings or facilities for law enforcement services;
4. The purchase of new specialty equipment and vehicles for law, enforcement
services;
5. `lie funding of a master plan to identify capital facilities to serve new police
department development;
. The cast 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 Plant, 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.
s
12-3209.001178649
Item 4. - 43 1113 -1220-
Ordinwce No.3 942
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 Police Facilities Development Impact Fees
may be expended, Development Impact Fees may be used to pay debt service on
such bonds or siniUar debt instruments to the Went 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.
17.75.100-Refund.
A. 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: 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 sure 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 Police Facilities Development Impact Fee actually paid.
B. Erroneous or Illeaal 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 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 190 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 filed in the sane manner and will be considered pursuant to
6
12-3209.001.178649
HB -121- Item 4. - 44
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:
I 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
building or structure with a new building or structure of the same
size and use, provided that no additional police 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 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 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
7
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Item 4. - 45 1113 -122-
Ordinahce No. 3942
the form, of a deed restriction or other legally binding and enforceable
docurrient 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 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
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.
17.75.120 Anneals. 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 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 st6table
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
17.75.140 Eligible E�x
:genditures 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
8
12-3209.001r,8649
Item 4. - 46
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 (ISO) days after the last day of each fiscal year, the
Police Chief of the City of Huntington Beach shall evaluate progress in
implementation of the Police Facilities Development Impact Fee program and shall
prepare a report thereon to the City Council in accordance with Government Code
Section 66006,incorporating among other things:
i. The police facilities and equipment commenced, purchased or completed
utilizing monies from this Police Facilities Development Irnpact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Police Facilities Development Impact Fees in the fiord; and
4. Recommended changes to the Police Facilities Development Impact Fee,
including, but not necessarily limited to changes in this Police Facilities
I)evelopmennt.Impact Fee chapter or the 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 Police Facilities
Development Impact Fee 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
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.
17.75.160 - Effect of Police Facilities Develoument Impact Fee on zonigg__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 aril 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 criminal
9
12-3209.661C78649
Item 4. - 47 HI3 -124-
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- Severability. If any section;,phrase, sentence, or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portions shall be deemed a separate, distinct, and independent provision; and such holding
shall not affect the validity of the remaining portions thereof.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the .._2 d day of July )01-2 .
Mayor
ATTEST: INITIATED AND APPROVED.
ity Clerk Chief of Police
RE-VIE D APPROVED.
APPROVED A TO FORM:
_._._..._.._.. " �-�-- � c
gager � .�
C,ty tto ey
10
§2-3209.W I'78644
HB _1215_ Item 4. - 48
Ord. No. 3942
STATE+,OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,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
],Joan L.Flynn,CITY CI.F.RK of the City of Huntington
Beach and ex-of€icio Clerk of the City Council.do hereby
certify that a synopsis of this ordinance has heen
published in the Huntington Beach Fountain Valley
Independent on July 12,2012.
In accordant with the City Charter ot'said City
e �10
an L. Flynn.City Clerk CC' Clerk and ex-offic:io erk
Set3tDr DCJJUty City C;ierk of the City Council of the City
of Huntington Beach,California
Item 4. - 49 1113 -126-
DIF
Bl—PERMIT—PEI BI—PERMI"Bi—PERMIT—H—STREI BI—FEE—T'Bi—FEE—DATE BI—FEE—FEE—AMOUNT
Detached Dwellings
C2012004946 3301 Bounty Cir DF01 12/13/2012 $119.00
C2012005524 407 14th St DF01 12119/2012 $119.00
C2012005529 405 14th St DF01 12/19/2012 $119.00
C2012GO3151 410 12th St DF01 1/10/2013 $119.00
C2012006584 17011 Bolero Ln DFOI 3/14/2013 $119.00
C2012003132 221 12th St DFOI 3/20/2013 $118.00
C2012003134 223 12th St DFOI 3120/2013 $119.00
C2012005483 613 1 Oth St DF01 411/2013 $119.00
C2012005484 615 1 Oth St DF01 4/1/2013 $119-00
C2012006150 17066 Marinabay Dr DF01 4/11/2013 $119-00
C2012007091 16532 Cotuit Cir DF01 6/312013 $119.00
C2012007404 414 1 Oth St DF01 6/20/2013 $119.00
C2012006276 121 7th St DF01 818/2013 $119,00
C2013003014 404 1 Oth St DF01 8122/2013 $119.00
C2013003011 402 1 Oth St DF01 812212013 $119,00
C2013002591 231 Alabama St DFOI 9/6/2013 $119.00
C2013002596 233 Alabama St DF01 9/612013 $119.00
C2013002598 235 Alabama St DF01 9/6/2013 $119.00
C2012002668 617 Hartford Ave DF01 9/23/2013 $119.00
C2013003951 527 12th St DF01 9/25/2013 $119.00
C2008005282 1017 Delaware St DF01 9/30/2013 $119.00
C2008005283 1019 Delaware St DF01 9/30/2013 $119.00
Commerical
B2012005139 6012 Edinger Ave DF04 11114/2012 $1,054.00
B2012004635 20001 Brookhurst St DF04 1/22/2013 $1:343.85
B2012003389 19582 Beach Blvd DF04 214/2013 $502,01
B2013000502 7800 Edinger Ave DF04 4/15/2013 $33.17
B2012004803 16971 Goldenwest St DF04 4124/2013 $492.90
B2013001208 300 Pacific Coast Hwy DF04 5/15/2013 $1,479.94
B2013000676 7501 Edinger Ave DF04 5120/2013 $1,805-13
B2013000679 7511 Edinger Ave DF04 5120/2013 $1,805.13
B2012006937 7465 Edinger Ave DF04 6/27/2013 $1,944-01
B2012005564 16555 Beach Blvd DF04 7/11/2013 $966,58
B2013002091 7481 Center Ave DF04 8/27/2013 $857.46
B2013005369 7491 Center Ave DF04 8/27/2013 $182.59
B2013003803 7631 Woodwind Dr DF04 9/5/2013 $1,129.59
Industrail
B2013000937 7601 Clay Ave DF05 4/4/2013 $107,25
B2011004122 15701 Graham St DF05 6/14/2013 $114.40
$16,435.01
Page 1
HB -127- Item 4. - 50
FY 2012-13 Fire Suppression Facilities
Annual Report
Item 4. - 51 xB -12 8-
FIRE SUPPRESSION FACILITIES
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2012-2013
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 21, 2014,
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.
HB -129- Item 4. - 52
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, 2012, the fees are as follows:
Land Use Amount
Detached Dwelling Units(per unit) $277
Attached Dwelling Units(per unit) $115
Mobile Home Dwelling Units (per unit) $475
Hotel/Motel Lodging Units (per unit) No fee
Resort Lodging Units (per unit) No fee
Commercial/Office Uses(per sq. ft.) $0.099 per square foot
Industrial/Manufacturing Uses (per sq. ft.) $0.009 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.
Ill. FINANCIAL SUMMARY
Fiscal Year 2012-2013 Revenue
During Fiscal Year 2012-2013, $10,478 in Fire Suppression Facilities Fees were
collected. As of September 30, 2013, the total revenue, as included in Fund 231, was
$10,477.
Fiscal Year 2012-2013
Expenditures
There were no expenditures during the 2012-13 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.
Attachments-
1. Ordinance No, 3943
2. Fee Summary Sheet
Item 4. - 53 11B -130-
ORJXNANCE NO. 31-143
AN ORDINANCE OF THE CITY OF HUN-FINGTON BEACH
AMENDING THE HUNRiNGTON BEACH TWNICIPAI...
CODE BY ADDING CI-1APTER 17.74 RELATING TOTHE DEVELOPMENT
IMPACT FEES FOR FIRE FACILITIES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 17.74, said chapter to read as follows:
Chapter 17.74
FIRE FACILITIES DEVELOPMENT IMPACT FEE
Sections
17.74.010 Legislative findings.
17.74.020 Intent and Purpose.
1734.030 Definitions
17.74-040 Fire Facilities Development Impact Fee.
17.74.050 Fund Established.
1734.060 Fee imposed.
17.74.070 Calculation of Fire Facilities Development Impact Fee.
17.74.075 Fee Payments for Phased Development Projects
IT74.076 Fee Adjustments
17.74.080 Payment of fee.
17.74.090 Use of funds.
17,74.100 Refund.
IT 74.110 Exemptions and credits.
17.74.120 Appeals
17.74.130 Credit for Construction of Non-Site Related Improvements.
17.74.140 Eligible Expenditures from Fee Reserve Account
17.74,150 Annual report and amendment procedures.
17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision
regulations.
17.74.170 Violation—Penalty.
17.74.180 Severability.
12-3200.001178650
14B -131- Item 4. - 54
Ordinance No.3943
17.74.010-Legislative findings.
A. The State of California, through the enactment of Government Code Sections 66001
through 66009 has authorized the City to enact Development Impact Fees.
B. The imposition of Development Impact Dees 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 and nonresidential development in the City creates a need for
increased funds to pay for the cost of increased fire suppression/medic facilities, vehicles
and specialty equipment which are needed to serve the increasing development in the
City.
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 fire suppression/medic facilities, vehicles and specialty
equipment 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 fire stations; the
construction or acquisition of fire suppression/medie facilities, vehicles and specialty
equipment, and increase the number of emergency response vehicles.
E. The fees collected pursuant to this Chapter shall be used to finance the acquisition,
relocation and expansion of fire stations; the construction or acquisition of fire
suppression/medic facilities, vehicles and specialty equipment, and increase the number
of emergency response vehicles identified herein in furtherance of the City General Plan,
the Nexus Report and its attached Master Facilities Plan, and the City of Huntington
Beach Master 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
fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles
and specialty equipment, and increase the number of emergency response vehicles 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 acquisition, relocation and expansion of fire stations; the construction or acquisition
of fire suppression/medic facilities, vehicles and specialty equipment, and increase the
number of emergency response vehicles 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 fees 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
12-3209b011;8650
Item 4. - 55 HB -132-
Ordinance No.3943
the facilities and equipment or portion thereof attributable to the development on which
the fee is imposed.
17.74.020—Intent and Purpose
A Fire 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 acquisition,
relocation and expansion of fire stations; the construction or acquisition of fire
suppression/medic facilities, vehicles and specialty equipment, and increase the number of
emergency response vehicles and related costs necessary to accommodate such development.
This Chapter is intended to implement 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,which is a part of the Nexus Report, and the City of Huntington Beach
Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of
fire stations; the construction or acquisition of fire suppression/medic facilities- vehicles and
specialty equipment, and the increase in the number of emergency response vehicles 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 Fire Department,
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, the Nexus Report and its attached
Master Facilities Plan.
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.
17.74.030-Definitions. Shall be as set forth in Chapter 17.73 of this Code.
17.74.040 - Fire Facilities Development lml!act Fee. "there is imposed a Fire Facilities
Development Impact Fee on all non-subdivided, new Residential and Nonresidential
development.
17.74.050 - Fund established. A Fire Facilities Development impact Fee fund is established.
The Fire Facilities Development Impact Fee fund is a fund to be utilized for payment of the
actual or estimated costs of Fire facilities and equipment as set forth the Nexus Report which
includes the Master Facilities Plan, as well as the City of Huntington Beach Capital
Improvement Plan related to new Residential and Nonresidential construction
3
12-3209,001178650
1-113 -1 33- Item 4. - 56
ordinance No. 3943
17.74.060-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 including
mobilehome development by obtaining a building permit or other discretionary approval
is required to pay a Fire Facilities Development Impact Fee in the manner and amount as
set forth in the current City of Huntington Beach Fee Resolution separately adapted.
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 Fire Facilities
Development Impact Fee required by this Chapter has been paid to the City.
17.74.070-Calculation of Fire Facilities Development ImRact 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 Fire
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 Fire Facilities Development
Impact Fee due by:
I. 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 Fire 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 Fire 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 Fire 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 the Fire 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 Director finds that the accessory
use is related to another principal use.
4
12-3209.0f11/78650
Item 4. - 57 1413 -134-
Ordinance No.3943
17.74.075 Fee Payments for Phased Development Projects- If a Development Project will. be
constructed' in phases; and separate building permits and certifi cates 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.
A 1.74.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.74.080 Pavment of fee.
A. The City shall collect from the applicant the Fire Facilities Development Impact Fee prior
to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final
building pen-nit approval or construction approval for mobilehome pad or pads,
whichever occurs first.
B. Except for any administrative allocated to the City, all funds collected shall be properly
identified and promptly transferred for deposit in the Fire Facilities Development Impact
Fee fund and used solely for the purposes specified in this Chapter.
17.74.090 Use of funds,
A. Funds collected from the Fire 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:
1. The acquisition of additional property for fire department facilities;
2. The construction of new facilities for fire department services;
3. The furnishing of new buildings or facilities for fire department services;
4. The purchase of new specialty equipment and vehicles for fire department
services;
5. The funding of a master plan to identify capital facilities to serve new Fire
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.
5
12-3201 Q01/78650
1-113 -135- Item 4. - 58
Ordinance No.3943
B. Funds shall not be used for periodic or routine maintenance or to maintain or repair
existing buildings, and/or existing vehicles or equipment.
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 Fire Facilities Development Impact Fees may be expended,
Development 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.
17.74.100 Refund.
A. Any applicant who has paid a Fire Facilities 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 Fire 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 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 Fire
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 Appeals. An application for
a refund pursuant to this Section must be tiled 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 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.
b
12-3209.00 1.17865C1
Item 4. - 59 HB -136-
Ordinance No.3 943
17.74.110 Exeml2tions and credits.
A. Exe=jq�o s. 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 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 Fire Facilities Development Impact Fee:
I 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 Fire suppression/medic facilities, vehicles and specialty
equipment 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 Fire suppression/medic facilities, vehicles and specialty
equipment 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 Fire suppression/medic facilities,
vehicles and specialty equipment 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 Fire 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 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 othenvisc transfer-red, 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
7
12-k209.001!78650
HB -137- Item 4. - 60
Ordinance No.3943
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 Fire 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.
17.74,1.20 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-fire-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
17.74.140 Eligible Expenditures From Fee Reserve Account. All monies and interest
earnings in any Reserve Account shall be expended on projects of the nature or type identified in.
the Nexus Report, or such other report as may be prepared from time to time to document the
fs
12-3209.001/79650
Item 4. - 61 HB -138-
Ordinance No.3943
reasonable fair share of the costs to mitigate the fire suppression/medic facilities, vehicles and
specialty equipment impacts of new development.
17.74150 Annual report and amendment procedures.
A. Within one hundred eighty (180)days after the last day of each fiscal year, the Fire Chief
of the City of Huntington Beach shall evaluate progress in implementation of the Fire
Facilities Development Impact Fee and shall prepare a report thereon to the City Council
in accordance with Government Code Section 66006, incorporating among other things:
1 The Fire facilities and equipment commenced, purchased or completed utilizing
monies from the Fire Facilities Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Fire Facilities Development Impact Fees in the fund; and
4. Recommended changes to the Fire Facilities Development Impact Fee, including,
but not necessarily limited to changes in this Fire Facilities Development Impact
Fee chapter or the 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 Fire Facilities Development Impact
Fee rates or schedules may be made by amending the fee resolution. Any change which
increases the amount of the Fire 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 Fire Facilities Development Impact Fee rates or schedules at such
other times as may be deemed necessary.
1 7.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision
regulations. This Chapter shall not affect, in any manner, the permissible use of property,
density/intensity of development, design and improvement standards and public improvement
requirements or any other aspect of the development of land or construction of buildings, which
may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or
other ordinances or regulations of the City, which shall be operative and remain in full force and
effect without limitation with respect to all residential and nonresidential development-
17.74.170 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.
17.74.180 Severability If any section, phrase, sentence, or portion of this Chapter is for any
reason held invalid or unconstitutional by any court of competent juti.sdiction, such portions shall
9
12-3209,001118650
HB -1 3)9- Item 4. - 62
ordinance No.3943
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 clays after its adoption.
PASSED AI D 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.
Mayor
ATTEST: INITIATED AND R t� 1FD:
City Clerk V Fire Chief
REVI ' D APPRCVFI3:tA
'ROVED AS TO FORM:
alter Y ---^
Ci Attorney
IO
12-32209.001178650
Item 4. - 63 HB -140-
Ord. No. 3943
STATE OF CALIFORNIA
COUNTY OF ORANGE SS:
CITY OF uUNTINGTON BEACH )
1,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: Carchio, Bohr-,Boardman
NOES: Harper, Dwyer, Hansen
ABSENT: IN!one
ABSTAIN: None
I,3nan L.Flynn,CITY CURKof the City of Huntington
,each and ex otT L:.io ChLrk of CitY council,do hereby
certify t,,Iaj e-synopsis of this ordinance Ims been
published in the Huwington Beach Fountain Vatlev
i ndependern arl J-d1Y 1'21.2012.
In accordance with the C ity Charter of said City
x officio erk
Joan L. Fh,,rin i rk �C Clerk and"cI
of the City Council of the City
tv City cle'k
of Huntington Beach Califomia
11B -141- Item 4. - 64
City of Huntington Beach
Funds Available Report
FY 12113
Object Cumulative 14 Cumulative 14 Cumulative 14 Cumulative 4
- Account Subsidiary Budget Actual Encumbrance Funds Availfable
FY 12113 FY 12113 FY 12113 FY 12113
231t3f1231 -Fire Facilities[3ev Impact
42965-Pooled Cash Interest (38.00) 38.00
42966-Market Ad)ustrnents 50.00 (50.00)
42960-Interest Income 12.00 (12.00)
42955-USE OF MONEY AND PROP 12.00 (12.110)
47290-Development Impact Fee (10,488.54) 10,488.54
47200-Building (10,488.54) 10,488.54
47000-CHARGES FOR CURRENT SERVICES (10,488.54) 10,488.54
10;a7fisa;
Item 4. - 65,E_27 PM HB -142- Page 1 of
EMUM ATrACHMENT #3
RESOLIJTIO*1 ISO. 2012-23
A RESOLUTION CIF`IT E CITY COUNCIL OF THIN:CITY OF HUMUNGTON BEACH
ADOPTING THE DE1,EL OPMENTI.t PAcT.t,EE CALCULATION'AATD N.F`.kU,5 REPORT
FOR THE CITY OF HUNTING TON BEACH AND I~.S TAB LISHIN G NE W AND REVISED
DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY
'VHEREAS, several policies within the City's General Flan require that new development
mitigate its share of the impacts to the natural and built enviroiintents 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 ftind
needed improvements to serve new development, among outer 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 cast 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 cat Cost Specialists, LLC prepared a report, entitled Development Impact Iiee
Calculation and Nexus Rel.,vrt 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 plexus Report has been available for public review and comment; and
The plexus Report substantiates the need for a modification to existing fees to change
certain methodology as well as creation of new impact fees;and
1
t 2-32G9.0W79299
uB -14'- Item 4. - 66
Resolution No.20 1 2-23
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 66404
et seq., the City Council held a noticed public bearing 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:
1. Findings pursuant to Government Code section 66001. The City Council finds
and determines that the Nexus Report complies�Nrith 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) remonstrates 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 Kew. 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 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 cyst 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
!2-32o9.006/79289
Item 4. - 67 xB -144-
Resolution No.2012-23
4. Consistency with General Plan. The City Council finds that the public faeilities
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.
S. Differentiation ampng_.ygblic 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 constriction 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. CEQA 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 1-5378(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 Retort. The Nexus Report as amended April 27, 2012, including
Appendices, is hereby adopted.
8. 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 tune
5, 2012 and the following milestones are met:
1. Project applicant has submitted an approved application for building permits
vvithin 180 days after the fee going into effect or no later than February 18, 201 s.
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 190 days to make building permit application will begin
when the developer receives clearance from that agency. The City Manager shall have the
autliority, in his.ilier sole discretion, to extend milestone slates 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
12-3209.006/79289
1-113 -14.5_ Item 4. - 68
Resolution No.2012-21
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 its 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 Deport 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 arnotuit of the development impact fees excluding traffic impact fees shall Ise
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 'ens,s Records
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 existing ordinances and resolutions shall be maintained
and used exclusively for those purposes and accounts for these fees shall remain in effect and
shall be maintained by the City Manager or his/her designee. Fees collected under any of the
categories listed in the 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 fire
categories as shown in Exhibit A generally correspond to the City's land use designations in the
lad 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
shov,n 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 Siieciiied. 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
12-3209.006/79289
Item 4. - 69 I IB -146-
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, 2002-129,2004-89.
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 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, land valuation 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 day of June
Mayor
REVI ND APPROVED: INIPROVED:
.... .......
Cit Deputy City X anager
APPROVED AS TO FORM:
City Attorney r�)
12-3209-006179239
1-113 -147- Item 4. - 70
Item 4. - 71 11B -1 a s-
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
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 $1721trip $0,04/SF $0.23/SF
Comm ercial/Office Uses(per sq.ft.) $0.312 X099 $4,175 No Fee $0,447 i
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 Unlit) $489 $229 $1,417 $686 $8,576
Mobile 1--iome 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
Comrnercial,iOffice Uses (per sq.ft.) $0.625 $0.197 $4.175 No Fee $0.664
Industrial/Manufacturing Uses(per sq.ft.) $0,266 $0.018 $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)
Detached Dwelling Units (per Unit) $356 $330 $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 $0,04/SF $0.23/SF
Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0.041SF $0.23/SF
Commercial/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 Printed:5124/2012,June 4 RcSoWjinn 306090
Page I
I 1B -149- Item 4. - 72
Exhibit -3 Atemative Fee Schedule No.3
Schedule of Rates for Traffic is Impact Fees (Effective /2/2012)
Recommended Cost per 3W/6 Increase
1000 sq.ft,dwelling unit Scenario Cost per
Adjusted Average Trip end Additional Cost peri or other unit(SO%of 1000 sq.ft,dwelling
Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit or other unit
R51t? Pl£1AL-S.AhtD USES.(fier E1rt3
Detached Dwe€€ing unit 8.76 7.91 0.6 34.6 $ 50.22 $ 1,737,61 !Unit $ 1,722.55 AAA
Apartment 6.15 7.9 0,5 24.3 $ 50.22 $ 1,220.35 /Unit V 1,209,50 /Unit
CondorniniumlTovrnhouse 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit $ 1.054.55, /Unit
Mobile Home Dwelling 4.57 7.9 0,; 18A $ 50.22 $ 908.98 /Unit $ ._899.59.. /unit
RESciR /TO RIS;T.(per U-nit'ar Entry
Hotel 6.29 7.61 0.5 23.9 $ 64.34 1$ 1,537.73 /Roam $ 1118.63 /Room
All Suites Hotel 3,77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room $ . 729.93 /Room
Motel 4,34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 841.02 /Room
IiJT)tlS3 RtAL(p�r:70 SF} -
General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788,65 11,000 sf $ 1,2r^3 46 11,000
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,73075 /1,000 sf $ 1 238 01 11,000
Manufacturing 2,73 9.0 0.5 12.3 $ 64.34 $ 791.36 /1,000 sf $ 566:13 '1°Ot�O
Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 11,OOOsf $ 910.74 /1,000
tOM R [AL(per 1;000 1�}
Office Park 7.42 6.8 0.5 326 $ 64.34 $ 2,097.48 11,000 sf $ 1,522.61 �,000
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,41&48 /1,000 sf $ i,027.85sf
/1,000
Business Park 9.34 1i.8 0.5 41,1 $ 64.34 $ 2,644.37 /1,000 sf $ 1,917.85 f,000
Bldg. Materials/Lumber _29,35 4.3 0.5 63-1 $ 64.34 $ 4,059,85 11,000 sf $ 4,059.85 sf,000
Store
Garden CerAer 23.95 4.3 0,5 50.4 $ 64.34 $ 3,242.74 11,000 sf $ 3,242.74 1,
000
sf
Movie Theater 2A7 4.3 0,5 5.3 $ 64.34 $ 341.00 11,000 sf $ 341.00 sf®000
Church 5.92 4.3 0,5 12.7 $ 64,34 $ 817.12 MHisf
817,12 sf
/1,000
Medical-Dental Office 22.21 8.8 0.6 9T7 $ 64.34 $ 6,286,02 11,0t10 sf $ 4,559.89 sf l
00
General Once Building T16 8.8 0,6 31.5 $ 64.34 $ 2,026.71 11, sf $ 1,4710,P8 �'O
Shopping Center 30.2 4.3 0.5 64.9 $ 64,34 $ 4,175.67 /1,000 sf $ 4,175.67 sf,000
Hospital 11.42 4.3 0.5 24.6 $ 64,34 $ 1,582,76 11,000 sf $ 1,:82,76 -sf,000
Discount Center 62,93 4.3 0.5 135.3 $ 64.34 $ 8,705,20 /1,000 sf $ 8,705.20 sf' 0
High-Tumover Restaurant 8.9 .4,3 0.5 19,1 $ 64.34 $ 1,228.89 11,000 sf $ 1,228.89 sf,0W
Convenience Market 43.67 4.3 0.5 93,7 $ 64.34 $ 6,028. /1,000 sf $ 6,028,66 /1,000
f DOD
Office Park 13.97 4.3 0,5 30,0 $ 64.34 $ 1,930220 /1,000 sf $ 1,930.20 sf
.. .
OTHER(as noted)
Cerneter6! 3.07 4.3 0.51 6.6 $ 64,34 $ 424.64 /Acre $ 424.64 /Acre
Service Station/Market 107.69 4,3 0,5 231.5 $ 64,34 $ 14,894.71 Fuel $14,894.71 IFuet
av Position Position
Service Station wnar 99,35 4.3 0.5 213.E $ 64.34 $ 13,743.02 'Fuel $13,743,02 lFuel
Wash Position Position
Page 2
Item 4. - 73 FIB -150-
Exhibit A-3 Aternative Fee Schedule No.3
Schedule of Rates for Traffic impact Fees (Effective 3f 2f 2013)
Recommended Cost per 60%increase Scenario
1000 sq.ft,dwelling unit cost per i000 sq.ft,
Adjusted Average Trip-end Additional Cost per or other unit(W/o of dwelling unit or other
Land Use Trip Ends Distance to Trip Trip Mites Trip Mite original) unit
RE$iDEN IAL LAND USES(per t3nit)
Detached Ravelling Unit 8.76 7.9 0.5 34.6 $ 5T39 $ 1,985.69 !Unit $ 1,638.39 /unit
Apartment 6.15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /!Unit 1,361.20 /Unit
Condorninium/Towr xi
5.36 7.9 0.5 21.2 $ 57.39 $ 1,216.E#7 !Unit $ :1.187.17 lUni#
use
Mobile Home Dwelling 4.57 7.9 1,038.76 !Unit $ E,013.15 AJnh
12ES(?RT1TOt1i21S7`[)er Unit or Entry t3oor)
Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 !Room $ 1,355,.39: !Room
l
All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 1Roorn $ 811.41 !Room
Motel 4,34 7,6 o.51 16.5 $ 64.34 $ 1,061.61 /Room $ 935.56 1ROcrn
INDUJ TRIA4'('tee! 000SF};
General tight Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 11,0W sf $ 1,497.69 /1,000 sf
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 11,000 sf $ 1,449:18 11,000 sf
Manufacturing 2-73 9.0 0.5 12.3 $ 64.34 $ 791.38 11,000 sf $ 662.65 P,000 sf
Warehousing 4.39 9.0 0,5 19.8 $ 64.34 $ 1,273.93 11,00Q sf $ 1,066- 9 11,0Q0 sf
GQi',iiMMCIAL(per 1,900 SF)....
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,0D0 sf $ 1,768.99 /1,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1.415A8 11,000 sf $ 1,193-98 11,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64,34 $ 2,644.37 /1,000 sf $„ 2,229.22 11,000 sf
Bldg.Materials/Lurnber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,0%85 /1,000 sf $ 4,059.85 11,D00sf
Store
Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242,74 11,000 sf
Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 of $ 341,00 /1.000 sf
Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,G00sf $ 817.12 11,000 sf
Medical-Mental Office 22-21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 11,000 sf $ 5,299.66 11,000 sf
General Office Building 7.16 8,81 0.5 31.5 $ 64.34 $ 2,026.71 11,000 sf $ 1,708.63 AAD sf
Shopping Center 30.21 4,31 0.5 64.9 $ 64.34 $ 4,175.67 11,000 sf $ 4,175.67 11,000 sf i
Hospital 11 A2 4.3 0.5 24.6 $ 64.34 $ 1,562.76 11,000 sf $ 1.582.76 11,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705,20 11,00Q sf $ 8,705,20 /1,000 sf
High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,00osf $ 1,728.89 11,000 sf
Restaurant
Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 11,000 sf $ 6,028.66 11,000 sf
Office Park 13.971 4.3 0.5 30.0 $ 64.34 $ 1,930.20 11,000 sf $ 1,930.201 11,000 sf l
OTHER(as noted)
Cemetery 3,07 4.3 0.5 6.6 $ 64.34 $ 424.64 !Acre $ 424.64 /Acre
Service Station/Market 1Fue1 Duel
av 107.69 4.3 0.5 231.5 $ 64,34 $ 14,894.71 Position $ 14.894,71 Position
Service Station w/Car !Fuel !Fuel
Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 Position $ 13,743.02 Position
Page 3
H B _1 s 1_ Item 4. - 74
Exhibit A-3 Atemative Fee Schedule No.3
Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014
Recommended Cost per
Adjusted Average Trip-end to Additional Cost per 1000 sq.ft,dwelling unit or
Land Use Trip Ends Distance Trip Trip Miles Trip Mile other unit(90%of original)
R1 S DEi Flit-. ► U E =(Aor t11 (t}.
Detached Dwelling unit 8.76 T9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit
Condominium/Townhou 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364,01 /unit
=Home 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.=/Unit
REhC1E;xT1TC 6'i ST,(per i#rtit:or.En#ry t3oor}
r
Hotel 6.291 7.6 0.51 23.9 $ 64.34 $ 1,537.73 /Room
,All Suites Hotel 3.771 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room
Motel 4.341 7.61 0.5 16.5 $ 64.34 $ 1,061.61 /Room
General Light Industrial 6A7 9.0 0.5 27.8 $ 64.34 $ 1,788.65 11,000 sf
Heavy industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791,38 /1,000 sf
Warehousing 1. 4.39 9-01 ml 19.8 $ 64.34 $ 1,273.93 /1,000 sf
COMMERCIAL.(pet'1'000 SF) E
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 11,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf
Bldg. Materials/Lumber 29.35 4.3 0.5 63,1 $ 64.34 $ 4,059.85 /1,000 sf
Store
Garden Center 23.45 4.3 0.5 50,4 $ 64.34 $ 3,242.74 11,000 sf
Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf
Church 5.92 4.3 0.6 12.7 $ 64.34 $ 817.12 /1,000 sf
Medical-Dental Office 22,21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 11,000 sf
General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf
Shopping Center 30.2 4,3 0.5 64.9 $ 64.34 $ 4,176.67 11,000 sf
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ .. 1,582.76 11,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 11,000 sf
High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 11,000sf
Restaurant I
Convenience Market 43.57 4.31 0.5 93.7 $ 64.34 $ 6,028,66 11,000 sf
Office Park 1 13.97 4.31 0.5 30.0 $ 64.34 $ 1,930,20 111,000 sf
OTHER(as,.-'noted).
Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 (Acre
Service Station/Market 107.69 4,3 0.5 231.5 $ 64.34 $ 14,894,71 /Fuel
av Position
Service Station 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743,02 /Fuel
/Nash Position
Page 4
Item 4. - 75 flB 52-
Res, No. 2012-23
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH
1, 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 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:
AYES: Shaw, Carchlo, Bohr, Boardman
NOES: Harper, Dwyer, Hansen
ABSENT: None
ABSTAIN: None
CiFy Clerk and ex-officiAlerk of the
City Council of the City of
Huntington Beach, California
IJB -153- Item 4. - 76
RESOLUTION NO. 2012-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADOPTING THE DEVEL0PNjENTT JXfPACT FEE CALCULATION AND NEXU,5 REPORT
FOR THE CITY OF HUNTIA"GTON 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 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
:=1
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 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
11
"rNa-006`79289
Item 4. - 77 HB -1-54-
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 seq., 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 whichh 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 Report. 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 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
12-3204.000/74289 HI3 -1 55-
Item 4. - 78
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 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. CEQA 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 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 006/79289
Item 4. - 79 HB -156-
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 ( ' months.
Traffic impact fees shall be increased using the Engineering ?brews 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 existinfz 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 Tvpe 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.
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
12-3209.006/79289
HB -157- Item 4. - 80
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, 4-71, 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. EfTective 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, land valuation etc.
created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal
Code Chapter 17.731.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 day of June 12
-W�
Mayor
T 0 A ALI
REVI ND APPROVED: INITIAT -VAND ROVED:
09 ................
Deputy
City
er
CitplAa�er Deputy City anagger
APPROVED AS TO FORM:
City Attorney
ty f"Y1 -23-Q
12-3209.006/79289
Item 4. - 81 HB -158-
H B -159- Item 4. - 82
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
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
Commercial/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
Commercial/Office Uses (per sq.ft.) $0.625 $0.197 $4.175 No Fee $0.664
Industrial/Manufacturing Uses(per sq.ft.) $0.266 $0,018 $1.498 No Fee $0.555
Development Impact Fees (Effective /2/2014) 90% '
Circulation Park Land/
System Open Space
Law Fire (Streets, &Facilities
Enforcement Suppression Signals, Public Library (No Tract I
Land Use Facilities Facilities Bridges) Facilities Map)
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 $0.04/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 $4.175 No Fee $0.882
Industrial/Manufacturing Uses (per sq.ft.) $0.399 $0,027 $1.716 No Fee $0.718
Date Printed:5/24/2012,June 4 Resolution 30 60_90
Page 1
Item 4. - 83 H B -t 60-
Exhibit A-3 Aternative 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 Mile original) unit or other unit
RESIDENTIAL LAND USES per tlrtit}
Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 $ 1,737.61 /Unit $ 1,722.55 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1.220.35 /Unit $ 1,209.50 /Unit
Condominium/Townhouse 5,36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit $ 1,054.55 /Unit
Mobile Home Dwelling 4.57 7,9 0,5 18.1 $ 50,22 $ 908.98 /Unit $ 899.5R /Unit
RESORT/TOURIST(per Unit or Entry 066r)
Hotel 6291 7.61 0.51 23,9 $ 64,34 $ 1,537.73 /Room $ 1,218.63 /Room
All Suites Hotel 3.77 7.6 0.51 14.3 $ 64.34 1 $ 920.06 1/Room $ 729.93 /Room
Motel 4.341 7.61 0.51 16,5 $ 64.34 $ 1,061.61 /Room $ 841,02 /Room
INDUSTRIAL(per 1;,000 SF).
General Light Industrial 6,17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf $ 1 279.4.6 11,000 ;
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf $ 1,238.01
/1,000
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf $ 566,11 /1,000
Warehousing 4.391 9.0 0.51 19.8 $ 64.34 1 $ 1,273.93 /1,000 sf $ 914.74 /1,000
COMMERCIAL(per 1,000 SF)
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf $ 1,522.61 f,000
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf $ 1,027.85 s1,coo
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2.644.37 /1,000 sf $ 1,917.85 f,000
Bldg.Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,059.85 /1,000
Store j
Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242,74 f,000 j
Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341,00 /1,000 sf $ 341.00 /1,000
I
Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf $ 817.12 f,000
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64,34 $ 6,286,02 /1,000 sf $ 4,559.89 sf,000 I
General Office Building 7.16 8.8 0,5 31.5 $ 64,34 $ 2,026.71 /1,000 sf $ 1,470.08 f,000
Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf $ 4,175.67 sf,000
t1,000
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 102.76 /1,000 sf $ 1,582.76 sf
/1,000
Discount Center 62.93 4.3 0.5 135,3 $ 64.34 $ 8,705.20 /1,000 sf $ 8,705,20
Sf
High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf $ 1,228,89 f,000
Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 sf.000
Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $1.930.20 f,000
OTHER(as noted);
Cemetery 3.07 4.31 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 /Acre
Service Station/Market 107 69 4,3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel $14,894.71 /Fuel
av Position Position
Service Station w/Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743,02 /Fuel $ 13,743.02 /Fuel
Wash Position Position
0-z
HB -161- Item 4. - 84
Exhibit A-3 Aternative Fee Schedule No. 3
Schedule of Rates for Traffic Impact Fees (Effective 9/2/2013)
Recommended Cost per 60%Increase Scenario
1000 sq.ft,dwelling unit Cost per 1000 sq.ft,
Adjusted Average Trip-end Additional Cast per or other unit(90%of dwelling unit or other
Land Use Trip Ends Distance to Trip Trip Mlles Trip Mile original) unit
RESIDENTIAL LAND USES(per Unit)
Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,938.39 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,361.20 /Unit
Condominiumrrownho 5.36 T9 0.5 21.2 $ 57.39 $ 1,216.67 /Unit $ 1,187.17 /Unit
use
Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 57.39 1 $ 1,038.76 lul $ 1,013.15 /Unit
RESORTITOURIST(per Unit or Entry Door)
Nate) 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 tRoom $ 1,355.39 /Roam
All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 !Room $ 811.41 !Room
Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 935.56 /Room
INDUSTRIAL(per 1,000 SF) .'
General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 11,000 sf $ 1,497.69 /1,000 sf
Heavy Industrial 6.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 t1,000 sf $ 1,449.18 11,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 11,000 sf $ 662.65 11,000 sf
Warehousing 4.391 9.01 0.5 19.8 $ 64.34 1$ 1,273.93 11,000 sf $ 1,066.39 /1,000 sf
COMMERCIAL(per 1,000 SF)
Office Park 7.421 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf $ 1,768.99 /1,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415A8 11,000 sf $ 1,193.98 /1,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf $ 2,229.22 11,000 sf
Bldg.Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,Q00 sf $ 4,059.85 11,000 sf
Store j
Garden Center 21451 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 /1,000 sf
Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 11,000 sf $ 341.00 11,000 sf
Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf $ 817.12 11,000 sf
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 5,299,66 /1,000 sf
General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,708.63 /1,000 sf
Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 11,000 sf $ 4,175.67 11,000 sf '
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 11,000 sf $ 1,582.76 /1,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf $ 8,705.20 /1,000 sf
High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 11,000 sf $ 1,228.89 11,000 sf
Restaurant
Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 /1,000 sf j
Office Park 13.97 4.31 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf 1
OTHER(as noted):::
Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 !Acre
Service Station/Market 107,69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel $ 14,894.71 /Fuel
av Position Position
Service Station w/Car 99.35 4.3 0.5 213.6 $ 6C34 $ 13,743.02 /Fuel $ 13,743.02 /Fuel
Wash Position Position
Page 3
Item 4. - 85 HR -162-
Exhibit A-3 Aternative Fee Schedule No. 3
Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014
Recommended Cost per
Adjusted Average Trip-end to Additional Cost per 1000 s .ft, dwelling unit or
Land Use Trip Ends Distance Trip Trip Miles Trip Mile other unit(90%of original)
R15SIDENTIAL LAND USES(per Unit}
Detached Dwelling Unit 8.76 T9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit
Condominium/Townhou 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364,01 /Unit
se
Mobile dome Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit
RESORTITOURIST(per Unit or.En# Door)
rY D:. ) ,
Hotel 6291 7.61 ml 23.9 $ 64.34 $ 1,537.73 /Room �
All Suites Hotel 3.77 T6 0.5 14.3 $ 64.34 $ 920.06 /Room 1
Motel 4.341 7.61 0.51 16.5 $ 64.34 $ 1,061.61 /Room
INDUSTRIAL (per 1,00,0.SF)
General light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 11,000 sf
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf
Warehousing 4.391 9.01 0.51 19.8 $ 64.34 $ 1,273.93 /1,000 sf
COMMERCIAL(per 11000 SF)
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64,34 $ 2,644.37 /1,000 sf
Bldg, Materials/lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf
Store
Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 11,000 sf
Movie Theater 2.47 4.3 0.5 5.3 $ 64,34 $ 341.00 /1,000 sf
Ch urch 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf
Medical-Dental Office 22,21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 11,000 sf
General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026,71 /1,000 sf
Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 11,000 sf
High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf
Restaurant
Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028,66 /1,000 sf
Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf
OTHER(as;noted)
Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre
Service Station/Market 107 69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel
av Position
Service Station w/Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel
Wash Position
xB -1 63- Item 4. - 86
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
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on June 18, 2012 by the following vote.
AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Dwyer, Hansen
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Item 4. - 87 HB -164-