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HomeMy WebLinkAboutFY 2011-2012 Annual Compliance Report for Law Enforcement Fa bbt Dept.ID AD-13-007 Page 1 of 2 Meeting Date:4/15/2013 4"otic--z 4 -v CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Fred A. Wilson, City Manager SUBJECT: Approve Annual Compliance Reports for Law Enforcement, Fire Suppression, and Public Library Facilities Development Impact Fees Statement of Issue: On July 2, 2012, three new Ordinances were adopted establishing Development Impact Fees for Law Enforcement, Fire Suppression, and Public Library Facilities. California Government Code 66006 requires preparation of an Annual Report on those funds. Financial Impact: Not applicable. Recommended Action: A) Approve the Annual Compliance Report, "Law Enforcement Facilities Development Impact Fees Annual Report Fiscal Year 2011/12;" and, B) Approve the Annual Compliance Report, "Fire Suppression Facilities Development Impact Fees Annual Report Fiscal Year 2011/12;" and, C) Approve the Annual Compliance Report, "Public Library Facilities Development Impact Fees Annual Report Fiscal Year 2011/12." Alternative Action(s): Do not approve the individual compliance reports and direct staff accordingly. Analysis: California Government Code 66006 requires the City to prepare annual reports on Development Impact Fees (Attachment 1). The reports must describe the fee, the amount of fees collected and interest earned, and identification of any expenditures from those funds. The report must be made available to the public within 180 days of the close of the fiscal year. The code also specifies that the report must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days following its release to the public. The report was released for public review on March 28, 2013 (Attachment 2). As shown in Section III on each individual report, there was a zero fund balance at the end of fiscal year 2011/12. The Law Enforcement, Fire Suppression, and Public Library Item 7. - I xB -140- Dept.ID AD-13-007 Page 2 of 2 Meeting Date:4/15/2013 Facilities fees did not become effective until September 2, 2012. Because the fiscal year ended on September 30 there was little time to collect any revenue during that period. As these fees 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, the City's Capital Improvement Plan, or City Council approved development projects. Environmental Status: Not applicable. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Annual Reports for Law Enforcement, Fire Suppression, and Public Library Facilities Development Impact Fees 2. Memo to City Council dated March 28, 2013 HB -141- Item 7. - 2 ATTACHMENT # 1 PUBLIC LIBRARY FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 i k F HB -143- Item 7. - 4 PUBLIC LIBRARY FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 I. BACKGROUND: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3945 which amended the Huntington Beach Municipal Code by adding Chapter 17.67 relating to Law Enforcement Facilities Impact Fees. The second reading of the Ordinance was approved on July 2, 2012 (Attachment 1). I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees. The specific elements to be included in the report are: A brief description of the type of fee in the fund account • The amount of the fee The beginning and ending balance ® The amount of fees collected and interest earned ® Identification of the approximate date by which the construction of public improvements will commence ® A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year. It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting. This year the report is being presented to the City Council on April 15, 2013, 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. 4 Item 7. - 5 HB -144- Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3945, Resolution 2012-23 was also adopted establishing new and revised development impact fees for all development within the city (Attachment 2). 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 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 2011-2012 Revenue As shown in Attachment 3, the beginning fund balance as of September 30, 2011, was $0. During Fiscal Year 2011-2012, $0 in Public Library Facilities Fees were collected. It is important to note that this fee was not effective until September 2, 2012. Fiscal Year 2011-2012 Expenditures There were no expenditures during the 2011-12 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. Resolution No. 2012-23 3. Summary of Public Library Facilities Development Fee HB -145- Item 7. - 6 ORDINANCE NO. 3945 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELETING CHAPTER 17.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND ADDING CHAPTER 17.67 RELATING TO LIBRARY DEVELOPMENT IMPACT FEES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 17.66 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 2. Chapter 17.67 is hereby added to the Huntington Beach Municipal Code said Chapter to read as follows: Chapter 17.67 LIBRARY DEVELOPMENT IMPACT FEES Sections: 17.67,010 Intent and Purpose 17.67.015 Legislative Finding 17.67,020 Definitions 17.67.030 Establishment of a Library Development Impact Fee 17.67.035 Fund Established 17.67,036 Fee imposed. 17.67.040 Exemptions and Credits 17.67.045 Calculation of Required Fees 17.67.050 Payment of Fees 17.67.055 Fee Payments for Phased Development Projects 17.67.060 Refund 17.67.065 Use of Funds 17.67.070 Fee Adjustments 17.67.072 Appeals 17.67 075 Credit for Construction of Non-Site-Related Improvements 17.67.080 Eligible Expenditures From Fee Reserve Account. 17.67.090 Annual report and amendment procedures. 17.67.100 Effect of Library Development impact Fee on zoning and subdivision regulations. 17.67.110 Violation—Penalty. 17.67.120 Severability. 12-3209.005n7615 1 Item 7. - 7 HB -146- Ordinance No. 3945 17.67.010 Intent and Purpose. The purpose of this Chapter is to establish a Library Development Impact Fee upon future Development Projects, an equitable share of the cost of mitigating future Library Facility needs created by such projects. A Library Development Impact Fee is being created for the purpose of assuring that the impacts created by new developments in the City of Huntington Beach pay a fair share of the proportional costs required for expansion of library facilities and collections. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following recommendations in the Master Facilities Plan, a part of the Nexus Report (as described below), and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's expansion of library.facilities and collections are . maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's Library Services, together with funding available from other City revenue sources, the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan and Master Facilities Plan a part of the Nexus Repor6. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act,the California Environmental Quality Act,other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.67.015 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 items in the systems. 12-3209.005177615 2 HB -147- Item 7. - 8 Ordinance No. 3945 E. The fees collected pursuant to this Chapter shall be used to finance the expansion of library facilities and collections identified herein in furtherance of the City's General Plan, as well as the Master Facilities Plan which is a part of the Nexus Report and the City of Huntington Beach Capital Improvement Plan. F. A detailed study of the impacts of future residential construction in the City, along with an analysis of the need for the expansion of library facilities and collections has been prepared. This study is included in the Nexus Report. G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the expansion of library facilities and collections set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the 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 Item 7. - 9 HB -148- 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 over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional library services will be required over and above those provided by the original use of the land; C. The construction of residential accessory buildings, structures or uses which will not require additional library services over and above those provided by the principal building or use of the land; d. The installation of a replacement mobilehome on a lot or other such site when a Library Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e. Construction, replacement or rebuilding of a single-family dwelling (one (1)unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of single-family dwelling with more than one(1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a"lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall 12-3209.005n7615 4 HB -149- Item 7. - 10 ordinance No. 3945 subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of ail tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Library Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation,plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district(CFD) or , and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 117.67.045 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: l. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Library Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Library Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location in a structure containing mixed uses which include a residential use, and multiplying the same by the Library Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location 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 the current fee resolution. The r 12-3209.005177615 5 Item 7. - 11 1413 -150- Ordinance No. 3945 gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the.accessory use is related to another principal use. 17.67.050 Payment of Fees. A The City shall collect from the applicant the Library Development Impact Fee prior to the issuance of a certificate of occupancy,temporary certificate of occupancy,final building permit approval or construction approval for mobilehome pad or pads,whichever occurs first. B Except for any adjustment charge allocated to the City all funds collected shall be properly identified and promptly transferred for deposit in the library facilities impact fee fand and used solely for the purposes specified in this Chapter. 17.67.055 Fee Payments for Phased Development Proi`ects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to. this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development. project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.67.060 - Refund. A. Any applicant who has paid a Library Development Impact Fee pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Library Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage,or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a surd up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the.amount of the Library Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section MUST be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees 12-3209.005177615 6 HB -151- Item 7. - 12 Ordinance No. 3945 are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.67.065 Use of Funds A. Funds collected from the Library Development Impact Fee shall be used to fund the costs of expansion of the amount of library space and the number of collection items in the Library's collection attributable to new residential construction and shall include: 1. The acquisition of additional property for Library expansion; 2. The construction of new facilities for Library Services; 3. The furnishing of new buildings or facilities for Library Services; 4. The purchase of Library collections to expand the collections; 5. The funding of a master plan to identify capital facilities to serve new users and patrons; 6. The cost of financing(e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement PIan, adopted annual City of Huntington Beach budget, or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Library Development Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.67.070 Fee Adiustments Shall be as set forth in Chapter 17.73 of this Code 7 12-3209.005177615 7 Item 7. - 13 HB -152- Ordinance No. 3945 17.67.072 Appeals Shall be as set forth in Chapter 17.73 of this Code 17.67.075 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall include acceptable engineering drawings, specifications and construction cost estimates submitted to the Director. The Director shall determine the amount of the credit for improvement construction based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee,nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements. 17.67.080 Eligible EMenditures 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 with Government Code Section 66006, incorporating among other things: 1. The expansion of Library Services and collections commenced, purchased or completed utilizing monies from the Library Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Library Development Impact Fees in the fund; and 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 12-3209.00517 7 6 1 5 HB -153- Item 7. - 14 Ordinance No. 3945 increases the amount of the Library Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Library Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.67.100 Effect of Library Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.67.110 Violation Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.67.120 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July ,2012 . 'J - /V./-. Mayor ATTEST: INITI PIED AND A VED: City Clerk Direic"tto of eibrary Services REVIE D APPROVED: APPROVED AS TO FORM: t ager 'n n Ci y Attorney 1 �2 E t e 12-3209.005177615 9 Item 7. - 15 HB -154- Ord. No. 3945 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 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council.do hereby certify that a synopsis of this ordinance has been published in the Huntington Bcach Fountain Valley Independent on July 12,2012. In accordance with the City Charter of said City Joan L.Flynn,City Cleric C Clerk and ex-officio erk.. Senior Deputy City Clerk of the`City Council of the City of Huntington Beach, California HB -155- Item 7. - 16 ATTACHMENT 2 RESOLUTION NO. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT AIPACT FEE CALCULATIONAND NEXUS REPORT FOR THE CITY OF HUNTINGTON BEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City; and Such General 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 deveIopment, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently,and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development; those fees are set forth in Resolutions 6164, 2006- 23, 2000-97, 2004-88, 99-60 and 96-71;2002-129,2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees;and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact_fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and 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 i ' "^^'1979299 Item 7. - 17 HB -156- 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 News 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 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 with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities . and the type of development projects on which the fee is imposed;and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus 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. _Auoroval of Items in the Nexus R ort. 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 12-3249.0009M HB -157- Item 7. - 18 . 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 Cityrs 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 amonp, 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. CEOA 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. 'Iimi_g,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 12-3209.006n9289 Item 7. - 19 HB -158- 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 8A. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area,from March to March of the preceding twelve(12)months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report Fees collected pursuant to existi ordinances and resolutions shall be maintained . and used exclusively for those purposes and accounts for these fees shall remain in effect and shall be maintained by the City Manager or his/her designee. Fees collected under any of the categories listed in the Nexus Report may be used to finance the construction or implementation of any public facility listed in those categories to the extent that use of the fees may not exceed the percentage allocated to new development of all of the public facilities listed in the category, or sub-category. 12. Fee Determination by Type of Use. A. Residential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. 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.ODW9as9 xB -159- Item 7. - 20 Resolution No.2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities,equipment and/or park land. 13. Prior Resolutions Superseded_ As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60,2000-97, 2004-88 and 2006-23, 2002-129,2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified 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 18 day of June 0 12 Mayor REV ND APPROVED: INITIAL' AND ROVED: CiteAa er Deputy City Manager APPROVED AS TO FORM: City Attorney 5 1 n�79289 Item 7. - 21 HB -160- Exhibit A 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 .Comm ercia I/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 free $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 Industriaf/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 $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 $0.23/51' Commercial/Office Uses(per sq.ft.) $0.937 $0.296 $4.175 No Fee $0.882 Ind ustrial/M anu facturling Uses(per sq.ft.) $0.399 $0.027 $1.716 No Fee $0.718 Date Pr1nted:s/24/2a12,June 4 ReWuiion 30 W W Page 1 Item 7. - 23 Hs -162- Exhibit A-3 Aternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Recommended cost per 30%increase 10o0 sq.ft,dwelling unit Scenario Cast 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 Ri±51i?ElJ7iAL-1 At+iD.l15E5;: ;er=fJlit wV�:i' '> :` ;r.. : = _'r _' >'; _ Detached Dwelling Unit 8.76 7.8 0.5 34.6 $ 50.22 $ 1,22035 /lfnit $ 1209.0 /Unt Apartment &15 7.9 0.5 24.3 $ Condominium/Townrouse 5.36 7.91 0.5 21.2 $ 5022 $ i,064.66 Knit $ 1,Q54. . 1Untt Mah11e Nome Dwelling 4.57 7.9 0.5 18.i $ 50.22 $ BMWphut ... , . .- , .,:.-.-,.tom,•. "�. _ , - .��:'.;:",;,�%��,.:;. _ RE50R7fCOURf5 (peir Unit pr F Aruboorj , ;,.�,';.::.:_.: ; ,'.` �:•, Rote! 6.29 7 6 :r 0.5 23.9 $' 64.34 $ 11,537.73 /Room `$ 9.1,18,64' /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 820.06 /Room $ . 728.93 /Room Mosel 4.34 7.6 0.5 16.5 $ 64.34 $ 1-061.61 lRoom $ 841.02 /Room IN4LfSfiRIA. (ate- s_. )•'s:::• r,':t-•',=::°:.. _ .. :.'': _._.. ., : --- .. . _ .. . - - _ 11000 � 1.788.65 11.000 sf $ General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 11,000 Heavy Industrial 5.97 9.0 0.5 25.9 $ 64.34 $ 1.730-75 11.000 sf $ 1,23f3:p1 Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 11,000 sf $ •5�•'F'1 11,000 4.39 8.0 Q5 =$ 64.3 $ 1.273.93 11,;O sf $ •91:0,74 11,000 Warehousing CoM EilirIAL(per 4.000 S1=r Office Park :'7.42 8.8 0.5 32.6 $ 64.34 $ 2.097.48 A.000 sf • Ii,000 Research Park 5.01 8.8 0.5 22-0 $ 64.34 $ 1,415.48 11,000 sf $ 1,027.85 sf - 11,aoo Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2.644.37 11,000 sf $ 1,817.8. sf --• • /i,000 Bidg.Materials/Lumber 29.35. 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,058.85 sf Store Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 11,000� $ 3242.74 f 2.47 4.3 0.5 .6.3 $ 64-34 $ 341.00 /1,000 sf $ 341.00 11, � Movie Treater M,000 Church 6.92 4.3 0,5 IV $ 64.34 $ 817,12 H,000sf $ 817.12 sf 4,559.89 Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6.286.02 11,000 sf $ st /1,000 General office Building 7.16 8.8 0.5 31.5 $ 64 34 $ 2,026.71 /1A00 sf $ 1,47'0.08 sf i Center 30,2 4.3 0.5 64.9 $ 64.34 $ 4.175.67 11.000 sf $ 4,175.67 sf Shape n9 11,0{i0 Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf $ 1,582.76 sf Discount Center 62,93 4.3 0.5 135.3 $ 64.34 $ 8,705 20 11,000 sf $ 8,705.20 11,000 11,000 Kgh-Turnover Restaurant 5.9 4.3 0.5 19.1 $ 64.34 IS 1,228-88 11,000 sf $ 1,228.89 af 11,000 Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6.028.66 1i,000 sf $ 6,028.66 sf pfFce Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1.930.20 Sf otH R{aie.Dotedk. _.. Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 lAcre $ 424;64 fAcre uel Service SlationfMarket 107.6 4.3 0.5 231.5 $ 64.34 $ 14.894.711 Position1 $14 ,884.71 Position av /Fue! $13,743.02 /Fuel Service Station wlCar 99.35 4.3 0.5 213.E $ 64.34 $ 13,743.02 Position Position Wash P2g 2 xB -163- Item 7. - 24 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 Cost per or other unit(901A of dwelling unit or other Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit k4s .., - -- - --- tit .. . . : ': �-: " -w, , 7 -, .. ., � ISES(per Unit) -li�4 IAL LAND L (pL eT Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,938.39 /Unit Apartment R15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,361.20 /Unft Condominiumrrownho 5.36 7.9 0.5, 21.2 $ 57.39 $ 1,216.67 /Unit .1,187.17 /Unit use $ 57.39 $ 1. it $ 11013.15 /Unit Mobile Home Dwelling 4.57 7.91 0.51. 18.1 RE$ORTTQUt4,9 X71(i 'Uhit oi. dtiry 00r) Hotel 6,291 7.61 0.51 23.19 64.34 $ 1,537.73 /Room $ 1.355-39 /Room All Suites Hotel 3.771 7.61 0.51 14.31 $ 64.34 $ 920.06 /Room 8.11.41 /Room Motel 4.341 7-61 0.51 16.51 $ 64.34 $ 1,061.61 1/Room 935.%l/RGom 0o SF). . lNp;U MT.IAJ�i( §0�0 General Light Industrial 6.17 9.0 0.6 27.8 $ 64.34 $ 1,788.65 11,000 sf 1,497.69 i 11,000 sf �Heavy Industrial 5.97 9.0 as 26.9 $ 64-34 $ 1.730.75 /1.000 sf $ 1,449.18 /1,000 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 9.0 0.5 19.81 $ 64.34 $ 1,273.93 11,000 if $ 1,066,391/1,000 sf EQfViMER-aA L(per 1;000 Sf) i%Office Park 7.42 8.8!: 0,5 32.6 $ 64.34 $ 2.097.48 /1,000 sf $ 1,768-99 11,W0 sf Research Park 6.01 8.8 0.5 22.0 $ 64.34 $ 1.415.48 11.000 sf $ 1,193.98 11,000 sf Business Park 9.34 8.8, 0.5 41.1 $ 64.34 $ 2.64437 11.000 sf $ 2,229,22 11,000 sf Bldg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 M,000 sf $ 4.059.85 /1,000 sf Stu re I Garden Center 23.45 4.3 0,5 50.4 $ 64-34 $ 3,242.74 /11.000 sf $ 3.242.74 11,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 MODD 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 2221 8.8 0-5 97.7 $ 64.34 $ 6,286-02 /1,000 sf $ 5,299.66 M,000 sf General Office Building 7.16 8,8 0.51 31.5 $ 64.34 $ 2.026.71 11,000 sf $ 1.708-63 11.000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4.175.67 A.DW 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 11.000 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 4.31 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 J$ 6,028.66 /1.000 sf $ 6,028.66 J1,000 sf Office Park 13.971 4.3 0,51 30.01 $ 64.34 1 $ 1,930.20 11,000 sf $ 1.9W.201 11,000 sf Cemetery 3.07 4.3 0.51 6.6 $ 64.34 $ 424-64 /Acre $ 424.64 Acre Service StatioNMarket I /Fuel /Fuel ( 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 Position $ 14.894,71 Position ayg) 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 Item 7. - 25 HB -164- Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 912/2014) Recommended Cost per ZAdjustedage Trip-end to Additional Cost per 1000 sq.ft,dwelling unit or Land lase nce Trip Trip fVliles Trip Mlle other unit(90%of original) RS1DE =. `A4bSi Un(xj ;,.. Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartmeni 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit CondominiumlTownhou 5.36 7.9 0.5 212 $ 64.34 $ 1.364.01 /Unit se ;. Molige Home Dwelling 4.57 7.9 0.5 64.34 .$ 1,164.55 /Unit R.. ..•%Y- yR4S .� er un., or fi try f3ooE.;__ '- ; r_ . Hotel T' 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room I Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 JRoom Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 !Room IDLkS:T,,R}Al;(per:9xQU0 51 -:, Genera!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 li,000 sf Warehousing 4.39 9.0 0.5 19.813 64.34 $ 1,273.93 /1,000 sf COItI IVIE,R I L.:Eper 1;OM SF) Office Park 7.42 8.8 0.6 32.6 $ fi4.34 $ 2,097.48 /1,000 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 11.000 sf Store Garden Center 23.451 4.3 0.5 50.4 $ 64.34 $ 3,242,74 11,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 654•34 $ 341.00 (1.000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf Medical-Dental Office 22.21 . 8.8 0.5 97.7 $ 64.34 $ 6.286.02 11.000 s1 General Office Building 7.16 8,8 0.5 31.6 $ 64.34 $ 2,026.71 /1,000 sf Shopping'Center 30.21 4.3 0.6 64.9 $ 64.34 $ 4,175.67 111.000 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 /1,000 sf I High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 . 11.000 sf Restaurant 6,028.66 11,000 sf. Convenience Market 43.57 4.3 0.S 93.7 $ 64.34 $ Office Park 13.97- 4.3 0.5 -V n I $ 64.34 $ 1,930.20 /1,000 sf QTHER,{as Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 �Accrre Service Station/Market 107.69 4.3 0.5 231.6 $ 64.34 $ 14.894,71 position av /Fuel Service Stafion w1Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 Position Wash Page 4 HB -165- Item 7. - 26 Res. No. 2012-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, gpalified City Clerk of the City of Huntington Beach, and ex-of icio 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 9? 0�jjx Cg Clerk and ex-officiv Clerk of the City Council of the City of Huntington Beach, California Item 7. - 27 HB -166- ATTACH M ENT 3 PUBLIC LIBRARY FACILITIES FEE Annual Financial Summary Statement Fiscal Year 2011-2012 Fund balance 9/30/11 Library Development 10000100.47115 $0.00 HB -167- Item 7. - 28 LAIN ENFORCEMENT FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 Item 7. - 29 HB -168- LAW ENFORCEMENT FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 I. BACKGROUND: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3942 which amended the Huntington Beach Municipal Code by adding Chapter 17.75 relating to Law Enforcement Facilities Impact Fees. The second reading of the Ordinance was approved on July 2, 2012 (Attachment 1). I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees. The specific elements to be included in the report are: • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year. It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting. This year the report is being presented to the City Council on April 15, 2013. 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 -169- Item 7. - 30 The costs of providing the acquisition, construction, furnishing of new buildings, purchase of new specialty equipment and vehicles, development of a master plan to identify capital facilities, the cost of financing, projects identified in the City's General Plan, the Master Facilities Plan included in the Nexus Report, the City's Capital Improvement Plan, or City Council approved development projects. Fee Amount: On June 18, 2012, in conjunction with approval of the new Ordinance 3942, Resolution 2012-23 was also adopted establishing new and revised development impact fees for all development within the city (Attachment 2). 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. III. FINANCIAL SUMMARY Fiscal Year 2011-2012 Revenue As shown in Attachment 3, the beginning fund balance as of September 30, 2011, was $0. During Fiscal Year 2011-2012, $0 in Law Enforcement Facilities Item 7. - 31 HB -170- Fees were collected. It is important to note that this fee was not effective until September 2, 2012. Fiscal Year 2011-2012 Expenditures There were no expenditures during the 2011-12 Fiscal Year to the Law Enforcement Facilities fund. As funds are collected, future reports will reflect expenditures in accordance with HBMC 17.75.090 as described above. I i LISTING OF ATTACHMENTS: 1. Ordinance No. 3942 2. Resolution No. 2012-23 3. Summary of Law Enforcement Facilities Development Fee i I i i i I i i HB -171- Item 7. - 32 ORDINANCE NO. 3942 AN ORDINANCE OF THE CITY OF HUNTINGTON 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: Chanter 17.75 POLICE FACILITIES DEVELOPMENT IMPACT FEES Sections 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 Established. 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 funds. 17.75.100 Refund. 17.75.110 Exemptions and credits. 17.75.120 Appeals. 17.75.130 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. l 7.75.160 Effect of Police Facilities Development Impact Fee on zoning and subdivision regulations. 17.75.170 Violation—Penalty. 17.75.180 Severability. 1 12-3209.001/78649 Item 7. - 33 HB -172- Ordinance No.3942 17.75.010-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 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" ("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. E. The fees collected pursuant to this Chapter shall be used to finance the police facilities and equipment identified in herein in furtherance of the City's General Plan, as well as the Nexus Report and its attached Master Facilities Plan and the City of Huntington Beach Capital Improvement Plan. F- Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared.This study is included in the Nexus Report. 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 12-3209.00ins649 HB -173- Item 7. - 34 Ordinance No.3942 17.75.020—Intent and Purpose. A Police Facilities Development Impact Fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional facility and equipment and vehicle costs required to support needed police facilities and related costs necessary to accommodate such development. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan, and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's police services are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's Police Department, together with ftinding 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 PIan and Master Facilities Plan, a part of the Nexus Report. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.75.030 -]Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.75.040 - Police Facilities Development Impact Fee. There is imposed a Police Facilities Development Impact Fee on all new non-subdivided Residential and Nonresidential development. 17.75.050 - Fund established. A Police Facilities Development Impact Fee fund is established. The Police Facilities Development impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment as set forth in the Nexus Report which includes the Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 17.75.060-Fee imposed. A. Any person who, 64 days after the effective date of this Development Impact Fee Ordinance, seeks to engage in non-subdivided Residential or Nonresidential development including mobilehome development by obtaining a building permit or other discretionary approval is required to pay a Police Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. 3 12-3209.001178649 Item 7. - 35 HB -174- Ordinance No. 3942 B. No certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for a mobilehome pad or pads, as applicable, for the activities listed in this Chapter, shall be issued unless and until the Police Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.75.070 -Calculation of Police Facilities Development Impact Fee. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable 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 mobilehome park or site, and multiplying the same by the Police Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Police Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Police Facilities Development Impact Fee amount for each use as established by the current fee resolution setting. the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by 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 Pleased 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 12-32o9.001R$649 HB -175- Item 7. - 36 Ordinance No.3942 the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.75.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.75.080 -Payment of fee. A. The City shall collect from the applicant the Police Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy,final building permit approval or construction approval for 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. 17.75.090-Use of funds. A. Funds collected from the Police Facilities Development Impact Fee shall be used to fund the costs of providing additional police services attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for law 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. The funding of a master plan to identify capital facilities to serve new police department development; 6. The cost of financing(e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings, and/or existing vehicles or equipment. r 5 12.320.00in8649 I Item 7. - 37 HB -176- s Ordinance No.3942 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 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. 17.75.100-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 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 Police 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 filed within ninety (90) days after the payment of the fees. C. Ci y 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. 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 same manner and will be considered pursuant to 6 12.3209.001/78649 HB -177- Item 7. - 38 Ordinance No.3942 the same procedure as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted from payment of the Police Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional police services will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed 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 12-3209.001/79649 Item 7. - 39 Hs -178- Ordinance No. 3942 the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate. of occupancy. Applicant or any successor-in- interest shall be.required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the 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 attom.eys' 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 AapealS. Shall be as set forth in Chapter 17.73 of this Code. 17.74.130 Credit for Construction of Non-Site-Related Imp rovements. Applications for credit for construction of non-site-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving,drainage and other applicable requirements 17 75 140 Ellgible 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 8 12-3209.00in8649 HB -179- Item 7. - 40 1 Ordinance No.3942 to document the reasonable fair share of the costs to mitigate the police services impacts of new development. 17.75.150-Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Police 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: 1. The police facilities and equipment commenced, purchased or completed utilizing monies from this Police Facilities Development Impact Fee fund; 2_ The amount of the fees collected and the interest earned; 3. The amount of Police Facilities Development Impact Fees in the fund; and 4. Recommended changes to the Police Facilities Development Impact Fee, including, but not necessarily limited to changes in this Police 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 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 Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, densitylintensity 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. 17.75.170 - 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 12-3209,001/78649 Item 7. - 41 HB -180- 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 2r.d day of July , 2012 Mayor ATTEST: INITIATED AND APPROVED: Q"'VJ Chef of Police — ity Clerk i REV APPROVED: APPROVED AS TO FORM: alter ty tto ey 10 12-3209.00i wg HB -1 s 1- Item 7. - 42 Ord. No. 3942 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 18, 2012,and was again read to said City Council at a regular meeting thereof held on July 02,2012,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Carchio, Bohr; Boardman NOES: Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on July 12,2012. In accordance with the City Charter of said City l J) A oan L. Flynn Cily Clerk C Clerk and ex-officio iverk Senior Deputy(:itv Cerk of the City Council of the City of Huntington Beach,California Item 7. - 43 HB -1 s2- ATTACHMENT 2 RESOLUTION NO. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IHP,ICT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OFHUNTINGTONBEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City;and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and i 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 I 12 3209.006n9289 HB -183- Item 7. - 44 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 Jririe 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 puig t to Govemment Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type .of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed;and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus_Recort. 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 Reoort. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12 3209_o06/79289 :Item 7. - 45 HB -184- 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. CEOA 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.O06n9299 1413 -185-- Item 7. - 46 Resolution No_2012-23 taken by City Council adopting the ordinances or resolution referenced herein,.resolutions 6164, 2006-23, 2000-97,99-60,2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit"A,"attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2, 6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area,from March to March of the preceding twelve(12)months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to 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 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 3209.006179289 Item 7. - 47 xB -186- Resolution No.2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities,equipment and/or park land. 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164,96-71, 99-60,2000-97, 2004-88 and 2006-23, 2002-129,2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein- 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified 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 Ig day of June 0 12 Mayor REV ND APPROVED: INI AND MOVED: CiVIAVer Deputy City Manager APPROVED AS TO FORM: 5 12-3209.006n9289 HB -187- Item 7. - 48 - � Exhibit Item 7. - 49 HB -188- 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 Unity $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 91212013) 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) _cached 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 $0.23/5F 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 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 $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 rt Lodging Units(per Unit)— No Fee No Fee $172MP $0.04/SF $0.23/SF w,amerdal/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 PrintedS/24/201Z lime 4 Resolution 30 60 90 PaPP 2 xB -189- Item 7. - 50 Exhibit A-3 Aternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Recommended Cast per 30%increase 1000 sq_ft,dwelling unit Scenario Cast per Adjusted Average Trip-end Additional Cost per or other unit(90%of 1000 sq.it,dwelling 6TI - e Trip Ends Distance to Trip Trip Miles Trip Mlle original) unit or other unit Fi .t1SES.;{ .er_tti. `-= '�.<= :::: ;< ._:g Unit 8.76 7.9 0.5 34.6 $ 5022 $ 1,737.61 /Unit $ 1;722.55 /Unit6.15 7.8 0.5 24.3 $ 50.22 $ 1,220.35 IUrut $' 1,209.50 /Unit nhouse 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 IUnit $ 1,154.ti5- /Unit Mobile HomeDweliing 4.57 7,9 0.5 1.8.1 $ 50?2 $ 908.98 IUrnt $ $99.,59.. IUnit 50 I 6URfST(peti t}iiit or Etitrjc cir)• :} _ :.r - �.'' ;';4x Hotel 6.29 7.6 ' Q5 23.9 $ 64.34 $ `1,537.73 (Room '$ 1,218.i33' /Room AllSultesHotel 3.77 7.6 05 14.3 $ 6t34 $ 92Q06 /Room $ . 7� 3 /Room AAotel 4. 7.6 Q5 16.5 $ 64.34 $ 1.p61.61 /Room $ 841.02 /Room lPll]l.k5TRli4���'P .: ...... ���•'��= ��`. ;,>:::r�.;:":;.,• .: .•. :'., -' �,:;•: - `-.�=-'-'"-` _ . . �.:•:' _: _•...._:' •: . General Light Industrial 6.17 9.0 `:'0.5 27. $ 64.34 $ 1,788.65 /1,000 sf $ 1,279.46 8 11,0<!0 t Heavy industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 11,000 sf $ 1,238 01 11,000 rnufaduring2.73 9.0 0.5 12.3 $_ 64.34 $ 791.38 A.000 sf $ 56fi`4i 11,000 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 11,000 sf $ 91"4.7.4 11,000 sing • -;:RC1Al.{per 1;000 Office Park 7,42 N# 8.8. _. . 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf $ 1,522:61 sf - 11,000 Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 11.000 sf $ 1,027.85 sf 11.000 Business Park 9,34 8.8 0.5 41.1 $ 64.34 $ 2.644.37 /1,000 sf $ 10.7.46 sf Bldg.Materials/Lumber 1-1,000 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4.059.85 sf /i,000 Gardens Center. 23.45 4.3 a5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 1 11 AW Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ sf 341.00 sf /1,000 Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1.0D0 Sf $ 817.12 sf 11,000 Meclicai-Dental Office 22.21 8.8 Q5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 4,559.89 S. General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2.026.71 11.000 sf $ ],470.08st /1,000 I1,000 Shopping Center 30.2 4.3 0.5 64.8 $ 64.34 $ 4,175.67 /1,000sf $ 4,175.67 sf /1,000 Haspifay 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 I1,000 sf $ 1,582.76 sf 11.000 Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 11,000 sf $ 8.705.20 si /1,000 High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1.228.89 /1.000 sf $ 1.228.89 sf 11,000 Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6.028.66 11.000 sf $ 6.028.66 sf Office Park 13.97 4.3 0.5 30.0 $ 64 34 $ 1,930.20 /1,000 sf $. 1,930.20 A 000 Cemetery 3.07 4.131• 6.5 l 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 Sf /Acre Service Station/Market /Fuel 107.E 4.3 Q5 231.5 $ 64.34 $ 14,894.7i Po lion $14,894.71 Iosit;m av Service Stationw/Car 99.35 4. 0.5 213.E $ 64.34 $ 53,743.02 Position $13.745.02 Position Wash Page 2 Item 7. - 51 HB -190- Exhibit A-3 Aternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2O13) Recommended Cost per 60%Increase Scenario 1000 sq.ft,dwelling unit Cost per 1000 sq.it, Adjusted Average Trip-end Additional Cost per or other unit(90A of dwelling unit or other Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit {S IpEt4TIAL LAND USES(per Unit) _ Detached Dwelling Unit 8.76 7.9 0.6 34.6 $ 67M $ 1,985.69 /unit $ 1.938.39 /Unit Apartment 6.15 7.9 0.6 24.3 $ 67.39 $ 1,394.68 /Unit $ 1,361-20 /Unit CondominiumlTownho 6.36 7.9 0.5 21.2 $ 67.39 $ 1,216.67 /Unit $ 1,187.17 (Unit use Mobile Home Dwelling 4.67 7.9 0.5 %1 $ 57.39 $ 1,038.76 1Unit $ 1,013.15 /Unit KE$ORTlTOf3�tI T(peraJrut :Entry•°t)4or) Hotel 6,291 7.61 0.61 23.9 $ 64.34 $ 1,637.73 (Room $ 1,355.39 /Room All Suites Hotel 3.77 7.61 0.5 14.3 $ 64.34 $ 920.06 /Room $ 811.41 /Room Motel 4.341 7.61 0.61 16.5 $ 64.34 $ 1,061.61 ]Room $ 935.56 /Room Tor 1;000 SF _ General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1.788.66 11.000 sf .$ 1,497.e9 11,000 sf Heavy Industrial 5.97 9.0 0.61 26.9 $ 64.34 $ 1.730.76 11,000 sf $ 1,449.18 A.000sf Manufacturing Z73 9.0 0.6 12.3 $ 64.34 $ 791.38 11.000 sf $ 662.65 11.000 sf Warehousing 1 4.39 9.0 0.5 19.8 $ 64,34 $ 1,273.93 11.000 sf $ 1,066 39 MOW sf C-*MEFrJAL(per 1000 Sf=) Park 7.42 8.8 0.6 32.6 $ 64.34 $ 2,097-48 /1.000 sf $ 1,768.99 11,000 sf ,arch Park 5.01 8.8 0.6 22.0 $ 64.34 $ 1,416.48 11,000 sf $ 1 J93:98 11.000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 11,000 sf $ 2,229.22 11.000 sf Bldg.Materials/Lumber 29.36 4.3 0-5 63.1 $ 64.34 $ 4.069.86 11.000 sf $ 4,069.85 11.000 sf Store Garden Center 23.46 4.3 0.6 6a4 $ 64.34 $ 3,242.74 11.000 sf $ 3.242.74 11,000 sf Movie Theater 2.47 4.3 0.6 6.3 $ 64.34 $ 341.00 11.D00 sf $ 341.00 11,000 sf Church 6.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1.000 sf $ 817.12 11,000 sf Medical-Dental Office 22.21 8.8 0.6 97.7 $ 64.34 $ 6,286.02 11.000 sf $ 6,299.66 11,000 sf General Office Building 7.16 8.8 0.6 31.5 $ 64.34 $ 2,026.71 11,0W sf $ 1,708.63 11,000 sf Shopping Center 30.2 4.3 0.51 64.9 $ 64,34 $ 4,175.67 11,000 sf $ 4.176.67 11.000 sf Hospital 11.42 4.3 0.6 24.6 $ 64.34 $ 1.682.76 11.000 sf $ 1.582.76 11,000 sf Discount Center 62.93 4.3 0.5 136.3 $ 64.34 $ 8,705.20 11,000 sf $ 8.706.20 11.000 sf High-Turnover 8•9 4.3 0.5 19.1 $ 64.34 $ 1.228.89 11,000 sf $ 1.228.89 /1,000 sf Restaurant Convenience Market 43.67 4.3 0.6 93.7 $ 64.34 $ 6.028.fi6 11,QEID sE $ 6,028.66 11,000 sf Office Park 13.97 4.3 Q5 30.0 $ 64.34 $ 1,930.20 ►1,000 sf 1.930.20 /i,000 sf i Q,�T��ja`_s'riotedjt-• 'a� . .}'�':.�' _ ` ,' '. - ;.i� : r'`'-. 1:"•_• ,:., ,•. , _ 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 position $ 14.894.71 t' on osid av Service Station w/Car 99.366 4.3 0.6 213.6 $ 64.34 $ 13,743.02 P n $ 13.743.02 Position Wash Page 3 HB -191- Item 7. - 52 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 sq.%dwelling unit or Land Use Trip Ends Distance Trip Trip Miles Trip Mile other unit(90%of original) Sit r~ ANC:iiSE� 'erti iltp Detached DWeliing Unit - 8.76 7.9 v 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 Condominlum/Townhou 5.36 7.9 05 21.2 $ 64,34 $ 1,364.01 /Unit se Mobile Home Dwelling 4.57 . 7.9 0.5 18.1 $ 64.34 .$ 1,164.55 /Unit R>✓Si:} TOURtSTT-(per lhrit:or:>~irt Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites-ko-tel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 Q5 16.5 $ 64.34 $ 1,061.61 /Room to_iisrtA%(P;eF14�poo sF). 77 General Light I ndustrial 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 h,000sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 11.000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 11,fl00 if . CitANiE,l3C� l (per 1°;000 SF)-. Office Park 7.42 8.8 0.5 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 ]2q$ 64,34 $ 1,415.48 11,000 sf Business Park 9.34 8.8 0.5 $ 64.34 $ 2,644.37 11,000 sf Bldg. M alsfLumber 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 11,000sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 11.000 sf Church 5.921 4.31 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 11,00a sf General Office Buildrig 7.16 8.8 0.5 31.5 $ 6434 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3=0.5135.3 64.34 $ 41175.67 11.000,sf Hospital 11.42 4.3 64.34 $ .. 1,582.76 11,000 sf Discount Center 62.93 4.3 64.34 $ 8,705.20 11.000 sfHigh-Turnover 8.9 4.3 $ 64.34 $ 1,228.B9 11.000 sfRestaurantConvenience Market 43.57 4.3 $ 64.34 $ 61028.66 11,000 sf. OfficePark 13.97 4.3 $ 64.34 $ 1.930.20 11,000 sf Cemetery 3.07 4.3 0.5 6.6 $ 64.34. $ 424.64 /Acre Service Stat�Market /Fuel 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 Position v !Fuel rvice Station w1Car 99.35 4213E $ 6434 $ 13743.02 ash Page 4 Item 7. - 53 HB -192- 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 Jurie 18, 2012 by the following vote: AYES: Shaw, Carchio, Bohr, Boardman NOES: Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None 9?&J � C' Clerk and ex-officio Cleric of the City Council of the City of Huntington Beach, California xB -193- Item 7. - 54 ATTACHMENT 3 LAW ENFORCMENT FACILITIES FEE Annual Financial Summary Statement Fiscal Year 2011-2012 Fund balance 9130111 Police 22700227.47290 $0.00 Item 7. - 55 HB -194- FIRE SUPPRESSION FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 E E f f i i f f i BB -195- Item 7. - 56 FIRE SUPPRESSION FACILITIES DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2011-2012 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 (Attachment 1). I. REPORTING REQUIRMENTS State Law imposes both annual and five-year reporting requirements for collection of Development Impact Fees. The specific elements to be included in the report are: • A brief description of the type of fee in the fund account • The amount of the fee • The beginning and ending balance • The amount of fees collected and interest earned • Identification of the approximate date by which the construction of public improvements will commence • A description of each interfund transfer or loan made from the account or fund • The amount of refunds made pursuant to any protests The annual report is to be made available to the public within 180 days following the close of the fiscal year. It is also to be reviewed by the City Council no less than 15 days after the information is made available to the public at its next regularly scheduled meeting. This year the report is being presented to the City Council on April 15, 2013. 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. r Item 7. - 57 HB -196- 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 (Attachment 2). 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) $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.) $0.099 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 2011-2012 Revenue As shown in Attachment 3, the beginning fund balance as of September 30, 2011, was $0. During Fiscal Year 2011-2012, $0 in Fire Suppression Facilities Fees were collected. It is important to note that this fee was not effective until September 2, 2012. Fiscal Year 2011-2012 Expenditures There were no expenditures during the 2011-12 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. LISTING OF ATTACHMENTS: 1. Ordinance No. 3943 2. Resolution No. 2012-23 3. Summary of Fire Suppression Facilities Development Fee HB _197_ Item 7. - 58 ORDINANCE NO. 3943 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.74 RELATING TO THE 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. 17.74.030 Definitions 17.74.040 Fire Facilities Development Impact Fee. 17.74.050 Fund Established. 17.74.060 Fee imposed. 17.74.070 Calculation of Fire Facilities Development Impact Fee. 17.74,075 Fee Payments for Phased Development Projects 17,74.076 Fee Adjustments 17.74.090 Payment of fee. 17.74.090 Use of funds. 17-74.100 Refund. 17.74.110 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. 1 12-3209.001/79650 Item 7. - 59 HB -198- 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 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 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/medic 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 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 2 12-3209.00in8650 HB -199- Item 7. - 60 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 Develoipment Impact F'ee. 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 12-3209.001/79650 I Item 7. - 61 H13 -200- 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 adopted. 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 Impact Fee. A. At.the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable 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: 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 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 Iodging 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 12-3209.001/78650 1x13 -201- Item 7. - 62 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 certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.74.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code. 17.74.080 Payment 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 permit 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: I. 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 12-3209.oav78650 Item 7. - 63 HB -202- 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 maybe 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 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 180 days of the expiration of the fifth anniversary of the fee payment. 6 12.3209.001178650 HB -203- Item 7. - 64 Ordinance No. 3943 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 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: 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 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 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 7 12-3209,001178650 Item 7. - 65 HB -204- 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,.120 ARpeals. 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 8 12-3209.001178650 HB -205- Item 7. - 66 Ordinance No_3943 reasonable fair share of the costs to mitigate the fire suppression/medic facilities, vehicles and specialty equipment impacts of new development. 17.74.150 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. 17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision regglations. 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. 17.74.1 g0 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 r 9 12-3209.001178650 - Item 7. - 67 HB -206- 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 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 nd day of July , 20 12 Mayor ATTEST: INITIATED AND ;MD: City Clerk V �Firee REV D APPROVED: TROVED AS TO FORM: ager Ci Attorney 10 12-3209.001/7M5G HB -207- Item 7. - 68 Ord. No. 3943 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN,the duly elected, qualified City Cleric of the City of Huntington Beach,and ex-offieio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a regular meeting thereof held on June 18,2012,and was again read to said City Council at a regular meeting thereof held on July 02,2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council, AYES: Shaw,Carchio, Bohr, Boardman NOES: Harper, Dwyer, Hansen ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntineton Beach Fountain Valley Independent on July 12,2012. in accordance with the City Charter of said City Joan L.F] nn. Ci Clerk C Clerk and ex-officio erk •Senior Oenut,City Clerk of the City Council of the City of Huntington Beach, California Item 7. - 69 HB -208- ATTACHMENT 2 RESOLUTION NO. 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATIONAND NEXUS REPORT FOR THE CITY OF HUNTINGTON BEACH,AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City;and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington. Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently,and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development;those fees are set forth in Resolutions 6164,2006- 23,2000-97, 2004-88, 99-60 and 96-71;2002-129, 2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees; and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact.fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees; and 1 lz 3zfl9.00&79z89 HB -209- Item 7. - 70 Resolution No.2012-23 The City has collected development impact fees Jo 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 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 with California Govemment Code section 66001; and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the.use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed;and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus 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 12-3209.006/79289 Item 7. - 71 HB -210- 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 f coded 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 C 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. T 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.Tune 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 12-3209-006179289 t HB -211- Item 7. - 72 Resolution No.2012-23 taken by City Council adopting the ordinances or resolution referenced herein,resolutions 6164, 2006-23,2000-97, 99-60, 2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit"A," attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2,6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area,from March to March of the preceding twelve(12)months. Traffic impact fees shall be increased using the Engineering News 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 exisfiN 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 Detennination by Type of Use. A. Residential Development Development impact fees for residential development shall be based upon the type of unit constructed The development impact fee . categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. 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 12-3209.006179289 Item 7. - 73 xB -212- Resolution No.2012-23 his(her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities,equipment and/or park land. 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60, 2000-97, 2004-88 and 2006-23, 2002-129,2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified 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 18 day of June 20 112 Mayor REVOrNDPPROVED: IMT AND ROVED: CIVIAVer Deputy City Manager APPROVED AS TO FORM: City Attorney �� �S -33-l� 5 12-3209_006/79289 H13 -213- Item 7. - 74 Exhibit A 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/Mote! Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF M23/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 9/2/201.3) 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) ached 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 $0.23/5F Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF Commercial/Office Uses(per sq, ft.) $0.625 $Q197 $4.175 No Fee $0.664 Industrial/Manufacturing Uses(per sq.ft.) $0.266 $0.018 $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 j Land Use Facilities Facilities Bridges) Facilities Map) 1 Detached Dwelling Units(per Unit) $356 $830 $2,385 $1t160 $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 $1720p $0.04/SF $0.23/SF P -t Lodging Units(per Unit)'- No Fee No Fee $172/trtp $0.04/SF $0.23/SF C, .,nercial/Office Uses(per sq.ft.) $0.937 $0.296 $4.175 No Fee $0.$82 Industrial/Manufacturing Uses(per sq.ft.) $0.399 $0.027 $1.716 No Fee $0.718 Date Printed•S124J2012,June 4 Resolution 306090 Faee 1 xB -21 s- Item 7. - 76 ExhibitA-3 Aternative Fee Schedule No.3 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Recommended cost per 30%Increase 1000 sq.f+,dwelling unit Scenario Cost per Adjusted Average Trip-end Additional Cost per or other unit(9 Mla of 1000 sq.ft,dwelling Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) Unit or other unit I-ANt)-USE Detached Dwelling Unit 8.761 7.9 0.5 34.6 $ 50.22 Apartment 6.151 7.9 0L5 24.3 $ 5a22 $ 1,220L35 !Unit 1.209.50 (Unit Condom'niurnrrownhouse 5.361 7.9 0.5 21.2 $ 50-22 $ 1,064.66 A.Init !Unit Mobile Home Dwelling 4.57 7.9 0.51 1B.1 $ 50L22 $ 908.98 /Unit 8.99,69, /Unit 1 010(s.75R Urij'l' r--- --- .73 JRoom I 10118-1�3_1 IRDOM Hotel 6291 7.61 0.5 23.9 $ 64.34 $ 1.537 All Suites Hotel- 3.771 7.61 0.5 14.3 $ 64,34 $ 92Q06 /Room .7.. Room 4.341 7.61 0.5 16.5 $ 64,34 $ 1.061.61 (Room $ 841-02 (Room Motel -vi NO 2' 1 /1000 6. PotF)-': - ?�.�i_11 .. - 6.17 o.5 27.8 64.34 $ 1,788.65 1179.46 General Ugh/Industrial 9.01 �111000�Iff_.- - /11000 6434'5 5 $ /1,000 sf Heavy Industrial 5.97 9.()l (L5 26.9 $ 64.34 $ 1.730.75 $ 05 $ r sf $ 11,000 Manufacturing 2.73, 9.01 o.5 12.3 $ 64.34 $ 791,38 11,000 _4F 11,000 (JL5 $ 64.34 $ 910.74 Warehousing OL5 19.8 $ 6434 $ 1'1,273.93 11 1000 sf -7 7, C 11.000 CIAL(per iboO. office Park 7.42 8.81 01=32-6 $ 64.34 $ 2,097.48 11,1 sf 1,522.61 sf - 1 11,000 Research Park 5.01 0.8 0,5 22.0 $ 64.34 $ 1,415.48 11,000 sf 1.027.85 sf /1,000 Business Park 9.34 8.8 0.5 41.1 $ 64-34.1 $ 2.644.37 11,000 sf $ 1.9 '..7.Q5 sf I ---- 11,0GO Bldg.M rials/Lum;w- 29.35 4.3, 0.5 63.1 $ 64.34 $ 4.059.85 11,000 sf $ 4�059.85 r-f Store 11,000 Garden Center 23.45 4.3 115 50.4 $ 64.34 $ 3,242-74 11,000 sf $ 3.242-74 sf -I- 341.00 11,0W Movie Theater 2.47 4.3 0.5 5-3 $ 64.34 $ 341.00 /1,000 sf $ sf 817.12 11,000 Church &92 4.31 OL 5 12.7 $ 64.34 $ 817-12. 11,000 sf $ Sf $ 6,286,02 11,000 sf $ 4.559-89 11.000 Medical-Dental Office 22.21 1 8.8 0.5 97.7 $ 64.34 -. sf General Office Building 7.161 8.8 _=t)_531_5 $ 64.34 $ Z026.71 11,000 sf $ I?Vpl()�5. sf $ 4,175.67 11.000 sf $ 4,175.67 11,000 Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 sf 1.582.76 11,000 sf $ 1.682.76 11,000 Hospital 11.42 4.3 OL5 24.6 $ 64-34 $ sf 11,000 1 W.3 $ 64.34 8.7 11.000 sf $ 8,70520 Discount Center 62,93. 4.31 0.5 19.1 $ 64.34 $ 1.22 9 11.000 sf $ 1.228.89 1'("'s'.000 sf $OC)o sf $ 4 M i' ntal Office r I Off Movie a ce Building Shopping Center 1 F.. 0520 High-Tum(wer Restaurant 8.9 4,3 0.5 88 Convenience Market 43.57 4.3 0.5 53.7 $ 64.34 $ 6.028-66 /1-000 sf $ 6,028.66 st - $ 1.93020 11,000 4.3 0.5 30.()1$ 64.34 $ 'J.930-20 11,000 sf sf Office Park 13.97 wd - FTC, ji; otek 6-6 /Acre 0.5 E' $ 64 /Acre 1 $ 424.64 /Acre Cemetery 3.07 4.31 1 6.6 .34 .64 /Fud /Fuel Service'§�onjMarket 107.69 4.3 OL5 231.5 $ 64-34 $ 14.894.71 Position $14.89411 positior (aa) Service Station w/Car 0.5 2 1 3.6 13.743,02 $13.743.02 n 99.35 4.3 0.5 213.6 $ 64-34 $ positfork Position lWash Page 2 Item 7. - 77 HB -216- Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic Impact Fees (Effective 9f 2J2013) Recommended Cost per 60%increase Scenario 1000 sq.ft,dwelling unit Cost per 1000 sq.ft, Adjusted Average Trip-end Additional Cost per or other unit(90%of dwelling unit or other Land Use Trip Ends Distance to Trip Trip Miles Trip Mite original) unit f�ES ROWIAL LAND USES(per Unit) - Detached Dwelling Unit 8.76 7.9 705 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,038.39 /Unit Apartment 6.15 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,361.20 A1nit Condominiumrfownho 5.36 7.9 0.5 212 $ 57.39 $ 1,216.67 Nnit $ 1,187.17 /Unit use Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 57.39 $ 1,038.76 !Unit $ 1',013.15 /Unit Ri~SOR7/70U ST'' er Unit orEritr}rt}oar):` "` `'n='::' =,'":= •'_'.. E�.... (A. ... Hotel 6.29 -7.61 0.5 23.9 $ 64.34 $ 1,537 73 /Room $ 1,365.39- /Room A[[Suites Hotel 3.771 7.61 OZI 14.3 $ 64.34 $ 920.06 /Room $ 811.41 !Room Motel 4.341 7.61 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 936.56 /Room ihlQ;USTEt1All;(Jpei.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 11,000 sf Heavy Industrial 5.97 9.0 0-5 26.9 $ 64.34 $ 1,730.75 11.000 sf $ 1.449:18 11,000 at Manufacturing 973 9-0 0.5 12.3 $ 64.34 $ 791.38 11,0W sf $ 682.65 11.000 at Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,27 ..93 11,000 sf $ 1,066_39 11,IX30 sf Ei7iMMERCIAL(per 1;000 SF)` s Park 7.42 8.8 0.5 326`$ 6_4 34 $ l2,097.48 11,000 sf $ 1.768.99 /1,000 at aarch Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1.415.48 11,000 at $ 1,193.98 /1,000 sf Business Park 9.34 8.8 0,5 41.1 $ 64.34 $ 2,644.37 11.000 sf $ 2,229,22 11,000sf Bldg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4.059.85 11.000 sf $ 4,059.85 11.000 sf Stare Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 M,000 sf $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 at $ 341.00 11,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11.000 at $ 817.12 11,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 11,000 sf $ 5299.66 11,000 sf General Office Building 7.16 8.8 Q5 31.5 $ 64.34 $ 2,026.71 11,000 sf $ 1.708-63 11,000 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 A.000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 11.000 sf $ 8,705.20 /1,000 sf High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 11,000 at $ 1,228.89 11,000 sf Restaurant Convenience Market- 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 at $ 6,028.66 11,000 sf Office Park 13.97 4.31 0.51 30.0 $ 64.34 $ 1,930.20 11.000 at $ 1,930.20 11,000 sf i Cemetery 3.071 4.3 0.5 6.6-$ 64.34 $ 424.64 /Acre $ 424.64 /Acre StationlMarket /E uel Service 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 Position $ i4,894.71 Position av ce Station w/Car !Fuel Service 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 Position $ 13,743.02 Position Wash Page 3. Hs -217- Item 7. - 78 Exhibit A-3 Aternative Fee Schedule No. 3 Schedule of Rates for Traffic impact Fees (Effective 912-12014) Recommended Cost per Adjusted Average Trip-end to Additional Cost per 1000 sq.it dwelling unit or Land Use Trip Ends Distance Trip Trip Miles Trip M.Ile other unit(90%of original) RlrStIJEA ..LAND:US eX litifi) . Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563 46 !Unit CondominiumlTownhau 5.36 7.9 0.5 212 $ 64.34 $ 1,364.01 !Unit se Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 .$ 1,164.65 /Unit 77 RFSo!�� QUR[S(p{ 4ht�t_or:E_i trjc;Doocj 3 -T . .• ; , Hotel .. 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537-73 /Room Al Suites Motel 3.77 7.6 0.5 14.3 $ 64,34 $ 920.06 /Room Motel 4.341 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room EHeag SF)tight Industrial 6.17 9.0 0.5 27.8 $ 6434 $ 1,7BB.65 11,000 sf ndustrial 5.97 9.0 0.5 26.9 $ 64.34 $ 11730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 11,000 sf r0f1fice ousing 4.39 9.1 0.5 19.8 $ 64.34 $ 1,273 93 11,000 sf VIF,ItCfltt:(peir'i`;0©0SF"�Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf rch 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 Btdg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 11.000 sf Stare 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 0.5 12.7 $ 64.34 $ 817.12 11,000 5f Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6286.02 11,000 sf General Office Building 7.16 8.8 0.6 31.6 $ 64.34 $ 2,026.71 11.000$f Shopping Center 30.2 4.3 Q5 1i4.9 $ 64.34 $ 4,175.67 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 y I 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 $ 6Li,9310.20 028.66 11,000 sf OfficePark 13.97 4.3 0.5 30.0 $ 64.34 $ 11.000 sf 07HER:{as�rroteit�:- :�_• - - �°..�--'�_.:. _;;: :.. :_. . - - i Cemetery 3.07 4.3 0.5 6.6 qK34 $ 424.64 /Acre Service StationlMarket 1Fuel av107.69 4.3 0.5 231.5 $ 14,894.71 Position Service Station w1Car !Fuel Wash99.35 4.3 0.5 213.E $ 13,743.02 Position Page 4 Item 7. - 79 FIB -218- 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: bone ABSTAIN: None JC, Clerk and ex-offcio Clerk of the City Council of the City of Huntington Beach, California HB -219- Item 7. - 80 ATTACHMENT 3 FIRE SUPPRESSION FACILITIES FEE Annual Financial Summary Statement Fiscal Year 2011-2012 Fund balance 9130111 Fire 23100231.47290 $0.00 i Item 7. - 81 xB -220- `s I i I i i i i i i P P ATTACHMENT #2 S HB —221— Item 7. - 82 €f a , CITY OF HUNTINGTON BEACH Interoffice Communication City Manager's Office TO: Honorable Mayor and City Council Members VIA: Fred Wilson, City Manager FROM: Teri Baker, Assistant to the City Manager DATE: March 27, 2013 SUBJECT: RELEASE OF FY 2011-2012 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR 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 being reviewed at a public meeting of the City Council. A resolution adopting three new impact fees for Law Enforcement, Fire Suppression, and Public Library Faciltiies was approved in June of 2012 with an effective date of September 2, 2012. The Annual Reports for for those three impact fees ending fiscal year 2011-12 are attached for your preliminary review. Because there were only 29 days remaining in the fiscal year at the time the fees became effective, no fees were collected during this reporting period. The reports will be officially transmitted for your approval at the April 15, 2013 Council Meeting. By way of this transmittal, the report is being released for public review to meet the requirements under the Government Code. Public Works and Communtiy Services have prepared similar reports for their departments impact fees. Please contact me at extension 5482 if you have any questions. C. Jennifer Grath, City Attorney ! Joan Flynn, City Clerk Bob Hall, Assistant City Manager Kenneth Small, Police Chief Patrick McIntosh, Fire Chief Stephanie Beverage, Library Director Russell, Reinhart, Police Captain William Reardon, Fire Divison Chief Kevin Justen, Sr. Fire Administrative Analyst Scott Hess, Director of Building and Planning k f E' l Item 7. - 83 HB -222-