HomeMy WebLinkAboutFY 2011-2012 Parkland Acquisition and Park Facilities Develo City of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: File
FROM: Joan L. Flynn, City Clerk
DATE: August 29, 2013
SUBJECT: CLERICAL ERROR IDENTIFIED AND CORRECTED FOR CITY
COUNCIL ORDINANCE NO. 3946 ADOPTED JULY 2, 2012
On June 18, 2012 Ordinance No. 3946 was introduced and approved by the City Council to include
new language in Section 17.76.090—Use of Funds:
A. 2. The construction of new parks and park facilities and community use facilities
(except for non-residential asset forth in the Nexus report). Two percent of fee collected shall
be used to fund public art in city parks;
Due to a clerical error, the original (not corrected) page as described above was presented in the
Council agenda packet of July 2, 2012. Hence, Council adopted the Ordinance without the new
language, and its codification was never completed.
On August 29, 2013, Assistant City Clerk Robin Estanislau and Chief Assistant City Attorney Mike
Vigliotta discussed this matter, and Attorney Vigliotta felt that the error was clerical in nature, and
gave direction to insert a corrected page, along with a written explanation of the correction into the
official record for Ordinance No. 3946.
Ordinance no.3946 Revision Memo—August 29,2013
two (2) or more nonresidential principal uses, and multiplying the same by the
Parkland Acquisition and Park Facilities Development Impact Fee amount as
stablished by the current fee resolution. The gross square feet of floor area of
any accessory use will be charged at the same rate as the predominant principal/
use unless the Department of Planning and Building finds that the accessory
use is related to another principal use.
17.76.075 Fee Payments for Phased Development Proiects. If a Development Project will
be constructed in phases, and separate building permits and certificates of occupancy will be
issued for each phase,fees imposed pursuant to this Chapter shall be calculated on the basis of
the development characteristics of the entire Development Project. Payment of the fees may
be made separately for each phase, provided the amount paid for each phase shall be equal to
the percentage that that phase represents of the total development project's development
characteristics. The fee shall be the fee in effect at the time payment is due.
17.76.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 Payment of fee.
A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities
Development Impact Fee prior to the issuance of a certificate of occupancy,temporary
certificate of occupancy, or final building permit approval.
B. Except for any administrative charge allocated to the City, all funds collected shall be
properly identified and promptly transferred for deposit in the Parkland Acquisition
and Park Facilities Development Impact Fee fund and used solely for the purposes
specified in this Chapter.
17.76.090 Use of funds.
A. Funds collected from the Parkland Acquisition and Park Facilities Development
Impact Fee shall be used to fund the costs of providing the acquisition, relocation and
expansion of parkland and park facilities development attributable to new residential
and nonresidential construction and shall include:
1. The acquisition of additional property for the expansion of parkland and
community facilities development;
2. The construction of new parks and park facilities and community use facilities
(except for non-residential as set forth in the Nexus report) :Two percent of,,
fee co-ollected shall be used to fund public-art in cityparks _.-
3. The funding of a master plan to identify capital facilities to serve new parkland
and park facilities and community use facilities development;
4. The cost of financing (e.g., interest payments);
5
12-3209.002/79301
Refuse Management."
Approved 7-0
PUBLIC HEARING
15. Revise the City's Existing Development Impact Fees by adopting
Resolution No. 2012-23 and Ordinance Nos. 3942 through 3947 (Continued
from the May 7, 2012 and June 4, 2012 City Council Meetings)
Recommended Action:
A) Adopt Resolution No. 2012 - 23, "A Resolution of the City Council of the City
of Huntington Beach Adopting the Development Impact Fee Calculation and
Nexus Report for the City of Huntington Beach, and Establishing New and
Revised Development Impact Fees For All Development Within the City" (Staff
Recommendation - Attachment No. 1, Exhibit A); and,
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
B) Approve for introduction 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"
(Attachment No. 2); and,
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
C) Approve for introduction Ordinance No. 3943, "An Ordinance of the City of
Huntington,Beach Amending the Huntington Beach Municipal Code by Adding
Chapter 17.74 Relating to Development Impact Fees for Fire Facilities"
(Attachment No. 3); and,
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
D) Approve for introduction Ordinance No. 3944, "An Ordinance of the City of
Huntington Beach Amending Chapter 17.65 of the Huntington Beach Municipal
Code Relating to Traffic Impact Fees" (Attachment No. 4); and,
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
E) Approve for introduction 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"
(Attachment No. 5); and,
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
F) Approve for introduction Ordinance No. 3946, "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Adding
Chapter 17.76 Relating to Parkland Acquisition and Park Facilities Development
Impact Fees" (Attachment No. 6); and,
City Council/ PFA Meeting
June 18, 2012
Page 7 of 8
Approved as amended to adopt Alternative #3 (stated below)
Approved 4-3 (Harper, Dwyer, Hansen no)
G) Approve for introduction Ordinance No. 3947, "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Adding.
Chapter 17.73 Relating to the General Provisions for Development Impact
Fees" (Attachment No. 7).
Approved as, amended to adopt Alternative #3:
3. Approve Resolution No: 2012-23 "A Resolution of the City Council of the City
of Huntington Beach Adopting the Development Impact Fee Calculation and
Nexus Report for the City of Huntington Beach, and Establishing New and
Revised Development Impact Fees For All Development Within the City'; to be
phased in 30% each year for the next three years (Alternative Fee Schedule No.
3), and approve motions B through G above with an amendment to Chapter
17.76 Relating to Parkland Acquisition and Park Facilities Development Impact
Fees Ordinance, Section 17.76.090 Use of Funds, to include a requirement that
-� two percent (2%) of this fee be directed to fund public art within public parks
and direct staff to establish a process for the selection and approval of public
art in public parks.
Approved 4-3 (Harper, Dwyer, Hansen no)
COUNCILMEMBER COMMENTS (Not Agendized)
Harper, Dwyer, Hansen, Carchio, Bohr, Boardman reported
ADJOURNMENT - 7:52 PM
The next regularly scheduled meeting is Monday, July 02, 2012, at 4:00 PM in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS LOCATED UNDER THE "GOVERNMENT" TAB AT
http://www.huntin__qtonbeachca._gov
City Council/ PFA Meeting
June 18, 2012
Page 8 of 8
Ordinance No.3946
two (2) or more nonresidential principal uses, and multiplying the same by the
Parkland Acquisition and Park.Facilities Development Impact Fee amount as
established by the current fee resolution. The gross square feet of floor area of
any accessory use will be charged at the same rate as the predominant principal
use unless the Department of Planning and Building finds that the accessory
use is related to another principal use.
17.76.075 Fee Payments for Phased Development Proiects. If a Development Project will
be constructed in phases, and separate building permits and certificates of occupancy will be
issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of
the development characteristics of the entire Development Project. Payment of the fees may
be made separately for each phase, provided the amount paid for each phase shall be equal to
the percentage that that phase represents of the total development project's development
characteristics. The fee shall be the fee in effect at the time payment is due.
17.76.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 Payment of fee.
A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities
Development Impact Fee prior to the issuance of a certificate of occupancy, temporary
certificate of occupancy, or final building permit approval.
B. Except for any administrative charge allocated to the City, all funds collected shall be
properly identified and promptly transferred for deposit in the Parkland Acquisition
and Park Facilities Development Impact Fee fund and used solely r the purposes
specified in this Chapter.
17.76.090 Use of funds.
f
A. Funds collected from the Parkland Acquisitio and Park Facilities Development
Impact Fee shall be used to fund the costs of oviding the acquisition, relocation and
expansion of parkland and park facilities velopment attributable to new residential
and nonresidential construction and sha include:
1. The acquisition of addi i nal property for the expansion of parkland and
community facilities ce`velopment;
2. The construction of new parks and park facilities and community use facilities
(except for r�dn residential as set forth in the Nexus report) and;
3. The funding of a master plan to identify capital facilities to serve new parkland
park facilities and community use facilities development;
Z4. The cost of financing (e.g., interest payments).
5
12-3209.002/79301
Ordinance No. 3946
two (2) or more nonresidential principal uses, and multiplying the same by the`
Parkland Acquisition and Park Facilities Development Impact Fee amount as
established by the current fee resolution. The gross square feet of floor area of
any accessory use will be charged at the same rate as the predominant principal
use unless the Department of Planning and.Building finds that the accessory
use is related to another principal use.
17.76.075 Fee Payments for Phased Development Projects. If a Development Project will
be constructed in phases, and separate building permits and certificates of occupancy will be
issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of
the development characteristics of the entire Development Project. Payment of the fees may
be made separately for each phase, provided the amount paid for each phase shall be equal to
the percentage that that phase represents of the total development project's development
characteristics. The fee shall be the fee in effect at the time payment is due.
17.76.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 Payment of fee.
A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities
Development Impact Fee prior to the issuance of a certificate of occupancy, temporary
certificate of occupancy, or final building permit approval.
B. Except for any administrative charge allocated to the City, all funds collected shall be
properly identified and promptly transferred for deposit in the Parkland Acquisition
and Park Facilities Development Impact Fee fund and used solely for the purposes
specified in this Chapter.
17.76.090 Use of funds.
A. Funds collected from the Parkland Acquisition and Park Facilities Development
Impact Fee shall be used to fund the costs of providing the acquisition, relocation and
expansion of parkland and park facilities development attributable to new residential
and nonresidential construction and shall include:
1. The acquisition of additional property for the expansion of parkland and
community facilities development;
2. The construction of new parks and park facilities and community use facilities
(except for non-residential as set forth in the Nexus report). Two percent of
fee collected shall be used to fund public art in city parks;
3. The funding of a master plan to identify capital facilities to serve new parkland
and park facilities and community use facilities development;
4. The cost of financing,(e.g., interest payments).
5
12-3209.002/79301.docx
Dept. ID CS 13-004 Page 1 of 2
Meeting Date:4/15/2013
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: Bob Hall, Assistant City Manager
Janeen Laudenback, Interim Director of Community Services
SUBJECT: Receive and File Park Impact Fee Report for FY 2011/12
Statement of Issue:
On November 18, 2002, the City Council approved the establishment of a Park Impact Fee to be
levied on the construction of new floor area for all commercial and industrial development and all
residential development not covered by Quimby fees. Ten years later, on July 2, 2012, a new
ordinance was approved. California state law requires the preparation of an annual report.
Financial Impact:
Not Applicable
Recommended Action:
Approve the "Parkland Acquisition and Park Facilities Development Impact Fee Annual Report for
Fiscal Year 2011/2012."
Alternative Action(s):
Do not receive and file the report and direct staff accordingly.
Analysis:
According to the reporting requirements of California Government Code 66006, the City must
prepare an annual report describing the fee (Attachment 1), the amount of fees collected and
interest earned, and the identification of projects on which the fees are expended. The report is to
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. In addition, notices of the time and place of the
meeting are to be mailed to any interested parties who have filed a written request. The report was
released for public review on March 26, 2013, (Attachment 2). No written requests for notification
had been received by the City Clerk's Office at the time the Request for Council Action was
prepared and submitted for City Council consideration.
As shown in Section III of the report, $888,279 in fees was collected during the 2011/2012 fiscal
year, plus an additional $13,505 in interest. Expenditures totaled $138,099 for various park
improvement projects, park leases, contracted/professional services, and grants. The fund balance
for the Park Development Impact fee is $1,899,096 as of September 30, 2012.
HB -83- Item 3. - I
Dept. ID CS 13-004 Page 2 of 2
Meeting Date:4/15/2013
Environmental Status:
Not Applicable
Strategic Plan Goal:
Improve long-term financial sustainability
Attachment(s):
1. Park Impact Fee Annual Report— FY 2011/12
2. Memo to the City Council dated March 26, 2013
Item 3. - 2 HB -84-
ATTACHMENT # 1
iiB -n_. Item 3. - 3
PARKLAND ACQUISITION AND PARK FACILITIES
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2011-2012
I. BACKGROUND
On November 18, 2002, the City of Huntington Beach passed Emergency Interim
Ordinance No. 3594 pertaining to Section 230.20 of Chapter 230 of Title 23 of
the City's Zoning and Subdivision Ordinance. The ordinance established a Park
Impact Fee to be imposed on the construction of new floor area for all
commercial and industrial development, and all residential development not
covered by Section 254.08 of the Zoning and Subdivision Ordinance (known as
Parkland Dedication pursuant to the Quimby Act). On December 16, 2002,
Emergency Ordinance No. 3596 was also approved, along with governing
Resolution No. 2002-129.
Ten years later, on June 18, 2012, the City Council approved the introduction of
Ordinance No. 3946 which amended the Huntington Municipal Code by adding
Chapter 17.76 relating to Parkland Acquisition and Park Facilities Development
Impact Fees. The second reading of Ordinance 3946 was approved on July 2,
2012 (Attachment 1).
II. REPORTING REQUIREMENTS
State law imposes both annual and five-year reporting requirements as a result
of its collection of Park Impact Fees. The specific elements to be included in the
report include:
• A brief description of the type of fee in the fund account
• The amount of the fee
• The beginning and ending balance
• The amount of fees collected and interest earned
• Identification of each public improvement on which fees are expended
• An identification of the approximate date by which the construction of
public improvements will commence
• A description of each interfund transfer loan made from the fund balance
• The amount of refunds made pursuant to any protests
The annual report is to be made available to the public within 180 days following
the close of the fiscal year. It is also to be reviewed by the City Council no less
than 15 days after the information is made available to the public at its next
regularly scheduled meeting. This year the report is being presented to the City
Council on April 15, 2013.
Item 3. - 4 xB _86_
Fee Description:
Per HBMC 17.72.090, the funds collected from the Parkland Acquisition and Park
Facilities Development Impact Fee shall be used to fund the costs of providing
the acquisition, relocation and expansion . of parkland and park facilities
development attributable to new residential and nonresidential construction.
Fee Amount:
The prior fees that were adopted as part of Resolution 2012-129, under Zoning
and Subdivision Ordinance (ZSO) 230.20, were $.86 per square foot for new
residential development and $.23 per square foot for new commercial and
industrial development. Since these fees were collected through September 1,
2012, they represent the basis of this report.
On .tune 18, 2012, in conjunction with approval of the new Ordinance 3946,
Resolution 2012-23 was also adopted establishing new and revised development
impact fees for all development within the city (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) $6,802
Attached Dwelling Units (per unit) $4,632
Mobile Home Dwelling Units (per unit) $3,351
Hotel/Motel Lodging Units (per unit) $0.23 per square foot
Resort Lodging Units (per unit) $0.23 per square foot
Commercial/Office Uses (per sq. ft.) $0.447 per square foot
IndustriaUManufacturing Uses (per sq. ft.) $0.393 per square foot
Interfund Loans
No park fees were loaned during this reporting period.
Refunds Due to Protests
No refunds were made due to protests during this reporting period.
HB -87- Item 3. - 5
III. FINANCIAL SUMMARY
Fiscal Year 2011-2012 Revenue
As shown in Attachment 3, the beginning fund balance as of September 30,
2011, was $1,135,410. During Fiscal Year 2011-2012, $888,279 in Park fees
was collected. This increase is attributable to a significant upturn in development
activity in the City.
Fiscal Year 2011-2012 Expenditures
As also shown in Attachment 3, $138,099 was expended for various park
improvement projects, park leases, contracted/professional services, staffing,
and youth sports grants to community organizations. The 2011-12 Fiscal Year
end Park Development fund balance is $1,899,096.
IV. PROJECTED CAPITAL IMPROVEMENT CONSTRUCTION DATES
Per California Government Code 66006, the annual report should include the
approximate date that construction will commence for public improvements
funded through Park Development Impact Fees. A listing of these projects is
summarized below.
FY 12-13
Murdy Park Community Center Patio Reconfiguration — $115,000.00
Reconfiguration of the south patio area of Murdy Community Center and installation of a pre-
engineered shade structure
FY 13-14
Shipley Nature Center Permanent Parking Lot— $250,000.00
Construction of a permanent parking lot in Central Park to accommodate programming at Shipley
Nature Center
LISTING OF ATTACHMENTS:
1. Ordinance No. 3946
2. Resolution No. 2012-23
3. Overview Parkland Acquisition Development Fee Summary Statement
Item 3. - 6 xB -gg-
ATTACHMENT 1
ORDINANCE NO. 3946
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER-17.76 RELATING TO PARKLAND ACQUISITION
AND PARK FACILITIES DEVELOPMENT IMPACT FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended to add
Chapter 17.76, said chapter to read as follows:
Chanter 17.76
PARKLAND ACQUISITION AND PARK FACILITIES
DEVELOPMENT IMPACT FEES
Sections
17.76.010 Legislative findings.
17.76.020 Intent and Purpose.
17.76.030 Definitions.
17.76.040 Parkland Acquisition, and Park Facilities Development Impact Fee.
17.76.050 Fund Established.
17.76.060 Fee imposed.
17.76.070 Calculation of Parkland Acquisition and Park Facilities Development Impact
Fee.
17.76.075 Fee Payments for Phased Development Projects
17.76.076 Fee Adjustments.
17.76.080 Payment of fee.
17.76.090 Use of funds.
17.76.100 Refund.
17.76.110 Exemptions and credits.
17.76.120 Appeals.
17.76.130 Credit for Construction of Non-Site Related Improvements.
17.76.140 Eligible Expenditures from Fee Reserve Account
17.76.150 Annual report and amendment procedures..
17.76.160 Effect of Parkland Acquisition and Park Facilities Development Impact Fee on
zoning and subdivision regulations.
17.76.170 Violation—Penalty.
17.76.180 Severability.
1
12-3209,002/79301
HB -89- Item 3. - 7
Ordinance No.3946
17.76-010-LeWslative findings.
A. The State of California, through the enactment of Government Code Sections 66001
through 66009 has authorized the City to enact development impact fees.
B. The imposition of development impact fees is a method of ensuring that new
development bears a proportionate share of the cost of capital facilities and other costs
necessary to accommodate such development. These fees are established to promote
and protect the public health, safety and welfare.
C. A well-planned park system,with a variation in the size and nature of facilities offered
is an important amenity to residents of the City. The City considers a mixture of
passive and active park space uses optimal. Future residential development that does
not require subdivision, will impact the City's existing park system by creating
additional park users thus necessitating additional space for athletic fields, community
facilities"tot lots," and other active uses and passive uses as well as passive space for
businesses to enjoy.
D. Funds to pay for the cost of acquisition and development of additional parkland and
development of currently owned but underutilized parkland as well as development of
facilities will be needed to serve the increasing users caused by development in the
City. Without additional parks, parks development and community facilities, the
City's current parks and community facilities will become overcrowded and overused.
E. Pursuant to the 'Development Impact Fee Calculation and Nexus Report for the City
of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27,
2012, which is incorporated herein by reference in these findings as though set forth in
full,the fees established pursuant to this Chapter are derived from, based upon, and do
not exceed the costs of parkland acquisition, park development and community
facilities attributable to applicable new residential or nonresidential development.
This study is based in part upon master planning to more specifically identify capital
facilities to serve new development; the acquisition, relocation and expansion of
parkland and park development and community facilities.
F. The fees collected pursuant to this Chapter shall be used to finance the acquisition,"
relocation and expansion of parkland, park development, and community facilities in
furtherance of the City General Plan, as well as identified in the Nexus Report, and the
attached City of Huntington Beach Master Facilities Development Plan, and the City
of Huntington Beach Capital Improvement Plan.
F. A detailed study of the impacts of future residential and nonresidential construction in
the City, along with an analysis of the need for the acquisition, relocation and
expansion of parkland and park facilities development is set forth in the Nexus Report.
G. As set forth in the Nexus Report, there is a reasonable relationship between the need
for the acquisition, relocation and expansion of parkland, park development,
2
12 3209.002/79301
Item 3. - 8 HB -90-
Ordinance No.3946
community facilities, and the impacts of the types of development for which the
corresponding fee is charged. In addition, there is a reasonable relationship between
the fee's use and the type of development to which the fee is charged and a reasonable
relationship between the amount of the fee and the cost of the facilities or portion
thereof attributable to the development on which the fee is imposed.
17.76.020—Intent and Purpose.
A Parkland Acquisition and Park Facilities Development Impact fee is being created for the
purpose of assuring that the 'impacts created by new development in the City of Huntington
Beach pay a fair share of the proportional costs for the acquisition, relocation and expansion
of parkland, park development and community use facilities and related costs necessary to
accommodate such development. This fee was once identified as a development impact fee in
Resolution 2002-129 created pursuant to Huntington Beach Zoning and Subdivision
Ordinance section 230.20.
This Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, as well as following the recommendations in the Nexus
Report including the Master Facilities Plan and the City of Huntington Beach Capital
Improvement Plan by ensuring that the City's acquisition, relocation and expansion of
parkland and community facilities development are maintained when new development is
constructed within the City limits. By imposing a fee that is reasonably related to the burdens
created by new development on the City's parklands, together with funding available from
other City revenue sources, the City will be able to purchase land and construct the required
capital improvements to accommodate projected growth and fulfill the goals, objectives and
policies of the City's General Plan and Master Facilities Plan a part of the Nexus Report.
It is the intent of the City Council that the fee required by this Chapter shall be supplementary
to any conditions imposed upon a development project pursuant to other provisions of the
Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other
state and local laws, ordinances or chapter provisions which may authorize the imposition of
conditions on development.
17.76.030-Def nitions. Shall be as set forth in Chapter 17.73 of this Code.
17 76 040 -Parkland Acquisition and Park Facilities Development Impact Fee. There is
imposed a Parkland Acquisition and Park Facilities Development Impact Fee on all non-
subdivided new residential and nonresidential development.
17.76.050 - Fund' established. A Parkland Acquisition and Park Facilities Development
Impact Fee fund is established. The Parkland Acquisition and Park Facilities Development
Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of
parkland acquisition and community facilities development as set forth in Chapter 8 of the
Nexus Report which includes the City of Huntington Beach Master Facilities Plan, as well as
the City of Huntington Beach Capital .Improvement Plan related to new residential and
nonresidential construction.
3
12-3209.002179301
HB -91- Item 3. - 9
Ordinance No. 3946
17.76.060 -Fee imposed.
A. Any person who, 60 days after the effective date of this Development Impact Fee,
seeks to engage in non-subdivided Residential or Nonresidential development by
obtaining a building permit or other discretionary approval is required to pay a
Parkland Acquisition and Park Facilities Development Impact Fee in the manner and
amount as set forth.in the current City of Huntington Beach Fee Resolution separately
adopted.
B. No certificate of occupancy, temporary certificate of occupancy, or building permit
approval for the activities listed in this Chapter, shall be issued unless and until the
Parkland Acquisition and Park Facilities Development Impact Fee required by this
Chapter has been paid to the City.
17.76.070 -Calculation of Parkland Acquisition and Park Facilities Development Impact
Fee.
A. At the time of the issuance of the building permit, the Director of Planning and
Building or his/her designee ("Director") shall calculate the amount of the applicable
Parkland Acquisition and Park Facilities Development Impact Fee due as specified in
the current fee resolution setting the amount of the fee.
.B. The Director shall calculate the amount of the applicable Parkland Acquisition and
Park Facilities Development Impact Fee due by:
1. Determining the number and type of dwelling units in a residential
development and multiplying the same by the Parkland Acquisition and Park
Facilities Development Impact Fee amount per dwelling unit or pad as
established by the current fee resolution setting the amount of the fee;
2. Determining the gross square feet of floor area or number of lodging units,
type of use and location in a nonresidential development, and multiplying the
same by the Parkland Acquisition and Park Facilities Development Impact Fee
amount as established by the current fee resolution setting the amount of the
fee;
3. Determining the number and type of dwelling units and the nonresidential
number of lodging units or gross square feet of floor area, type of use and
location, in a structure containing mixed uses which include a residential use,
and multiplying the same by the Parkland Acquisition and Park Facilities
Development Impact Fee amount for each use as established by the current fee a
resolution setting the.amount of the fee;
4. Determining the gross square feet of floor area or number of lodging units,
type of use and location in a structure containing mixed uses which include
4
"1-3209.002/79301
Item 3. - 10 HB -92-
Ordinance No.3946
two (2) or more nonresidential principal uses, and multiplying the same by the
Parkland Acquisition and Park Facilities Development Impact Fee amount as
established by the current fee resolution. The gross square feet of floor area of
any accessory use will be charged at the same rate as the predominant principal
use unless the Department of Planning and Building finds that the accessory
use is related to another principal use.
17.76.075 Fee Payments for Phased Development Projects. If a Development Project will
be constructed in phases, and sepa-Kate building permits and certificates of occupancy will be
issued for each phase,fees imposed pursuant to this Chapter shall be calculated on the basis of
the development characteristics of the entire Development Project. Payment of the fees may
be made separately for each phase, provided the amount paid for each phase shall be equal to
the percentage that that phase represents of the total development project's development
characteristics. The fee shall be the fee in effect at the time payment is due.
17.76.076 Fee Adiustments. Shall be as set forth in Chapter 17.73 of this Code.
17.76.080 Payment of fee.
A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities
Development Impact Fee prior to the issuance of a certificate of occupancy,temporary
certificate of occupancy, or final building permit approval.
B. Except for any administrative charge allocated to the City, all funds collected shall be
properly identified and promptly transferred for deposit in the Parkland Acquisition
and Park Facilities Development Impact Fee fund and used solely for the purposes
specified in this Chapter.
17.76.090 Use of funds.
A. Funds collected from the Parkland Acquisition and Park Facilities Development
Impact Fee shall be used to fund the costs of providing the acquisition,relocation and
expansion of parkland and park facilities development attributable to new residential
and nonresidential construction and shall include:
1. The acquisition of additional property for the expansion of parkland and
community facilities development;
2. The construction of new parks and park facilities and community use facilities
(except for non-residential as set forth in the Nexus report) and;
3. The funding of a master plan to identify capital facilities to serve new parklan&
and park facilities and community use facilities development;
4. The cost of financing(e.g., interest payments).
5
12-3209.002/79301
HB -93- Item 3. - 11
Ordinance No.3946
S. Projects identified in City of Huntington Beach General Plan, the Master
Facilities Plan included in the Nexus Report, City of Huntington Beach Capital
Improvement Plan, adopted annual City of Huntington Beach budget, or City
Council approved park acquisition and development projects.
B. Funds shall not be used for periodic or routine maintenance or to maintain or repair
existing parkland or park facilities or community facilities.
C. Revenue,raised would be limited to capitalized cost related to growth.
D. In the event that bonds or similar debt instruments are issued for advanced provision
of capital facilities for which Parkland Acquisition and Park Facilities Development
Impact Fees may be expended, impact fees may be used to pay debt service on such
bonds or similar debt instruments to the extent that the facilities provided are of the
type described in this Chapter.
E. Funds may be used to provide refunds as described in this Chapter.
17.76.100 Refund.
A. Any applicant who has paid a Parkland Acquisition and Park Facilities Development
Impact Fee(s) pursuant to this Chapter may apply to the Director for a full or partial
refund of same, if, within one(1)year after collection of the Parkland Acquisition and
Park Facilities Development Impact Fee the Fee has been modified as follows:
reduction in the number of dwelling units, a change in the type of dwelling units, a
reduction in square footage, or the applicability of an exemption pursuant to this
Chapter. In the event a refund is issued,the City may retain a sum up to twenty(20%)
percent of the Parkland Acquisition and Park Facilities Development Impact Fee paid
by the applicant to offset the administrative costs of refund. In no event shall a refund
exceed the amount of the Parkland Acquisition and Park Facilities Development
Impact Fee actually paid.
B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to
the satisfaction of the Director that they were erroneously or illegally collected. If the
Director determines the fees were not erroneously or illegally collected, then the
applicant may appeal the decision pursuant to Chapter 17.73.030 Appeals. An
application for a refund pursuant to this Section must be filed within ninety (90) days
after the payment of the fees.
C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act,upon application of
the then current landowner, fees will be refunded if the City fails to commit them to a
project of the nature or type identified in the Nexus Report within five years from the
date that the fees were collected from the applicant. For purposes of this subsection,
fees are deemed to have been "committed" if they have been budgeted or otherwise
encumbered by the City for an eligible improvement, studies, design drawings or any
necessary applications for approval by other governmental agencies have been
6
12-3209.002/79301
Item 3. - 12 HB -94-
Ordinance No.3946
initiated, construction bidding has been- initiated, or improvements are under
construction. Eligible refunds, plus interest at the City's average annual cost of funds,
will be made only upon an application filed within 180 days of the expiration of the
fifth anniversary of the fee payment.
17.76.110 Exemptions and credits.
A. Exemptions. Any claim of exemption must be made no later than the time of
application for a building permit or construction approval. Any claim of exemption
must be filed in the same manner and will be considered pursuant to the same
procedure as for a fee adjustment as provided in this Chapter 17.73. The following
shall be exempted from payment of the Parkland Acquisition and Park Facilities
Development Impact Fee:
1. Residential Development
a. Alteration or expansion of an existing residential building in which no
additional dwelling units are created,the use is not changed, and where
no additional relocation and expansion of parkland and park facilities .
development will be provided over and above those provided by the
existing building;
b. The replacement of a destroyed or partially destroyed building or
structure with a new building or structure of the same size and use,
provided that no additional relocation or expansion of parkland and
park facilities development will be required over and above those
provided by the original use of the land;
C. The construction of residential accessory buildings, structures or uses
which will not require additional acquisition,relocation or expansion of
parkland and park facilities development over and above those
provided by the principal building or use of the land;
d. Construction, replacement or rebuilding of a single-family dwelling
(one (1) unit per lot) on an existing lot of record, or the moving and
relocation of a single-family home from one (1) lot within the City to
another lot within the City. This. exemption shall not apply to tract
development, to the development of more than one (1)unit per lot, nor
to the replacement of a single-family dwelling with more than one (1)
dwelling unit;
2. Affordable housing for lower income households. 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
7
12-3209.002J79301
xs -95- Item 3. - 13
Ordinance No.3946
Code or "very low-income household" as defined in Section 50105 of the
California Health and Safety Code. This exemption shall require the applicant
to execute an agreement to guarantee that the units shall be maintained for
lower and very low-income households whether as units for rent or for sale or
transfer. The agreement shall be in the form of a deed restriction or other
legally binding and enforceable document acceptable to the City Attorney and
shall bind the owner and any successor-in-interest to the real property being
developed. The agreement shall subordinate, if required,to any state or federal
program providing affordable housing to lower and very low-income
households. The agreement shall be recorded with the Orange County
Recorder prior to the issuance of a certificate of occupancy. Applicant or any
successor-in-interest shall be required to provide annually, or as requested, the
names of all tenants or purchasers, current rents and income certification to
insure compliance.Voluntary removal of the housing restriction or violation of
the restriction shall require the applicant or any successor-in-interest to pay the
then applicable Parkland Acquisition and Park Facilities Development Impact
Fee at the time of voluntary conversion or as imposed at the time of violation
on the unit in violation, plus any attorneys' fees and costs of enforcement, if
applicable;
B. Credits. Any applicant whose development is located within a community facilities
district (CFD) or , and is subject to the assessments thereof, shall receive an offset
credit towards the fees established by this Chapter to the extent that the assessments
fund improvements within the CFD which would .otherwise be funded by the
development impact fees established by this Chapter.
17.76.120 ApReals. Shall be as set forth in Chapter 17.73 of this Code.
17.76.130 Credit for Construction of Non-Site-Related Improvements. Applications for
credit for construction of non-site-related improvements shall submit applicable engineering
drawings, specifications and construction cost estimates or the.like to the Director. The
Director shall determine any credit for improvement based on either these cost estimates or
alternative estimates if the Director determines reasonably that the estimates submitted by the
applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed
the improvement cost specified in the Nexus Report, or other applicable basis for the fee,nor
shall the credit exceed the amount that would otherwise apply.
No final inspection or certificate of occupancy for the Development Project may be issued
until: (1) the construction is completed and accepted by the City; (2) a suitable.maintenance
and warranty bond is received and accepted by the City; and (3) all design, construction,
inspection, testing, bonding and.acceptance procedures are in strict compliance with City
paving,drainage and other applicable requirements.
17.76.140 Eligible Expenditures From Fee Reserve Account. All monies and interest
earnings.in any Reserve Account shall be expended on the projects of the nature or type
identified in the Nexus Report, or such other report as may be prepared from time to time to
8
»,3209.002n9301
Item 3. - 14 HB -96-
Ordinance No.3946
document the reasonable fair share of the costs to mitigate the acquisition, relocation and
expansion of parkland and park facilities development impacts of new development.
17.76.150 Annual report and amendment procedures.
A. Within one hundred eighty(180) days after the last day of each fiscal year,the Deputy
City Manager of the City of Huntington Beach shall evaluate progress in
implementation of the Parkland Acquisition and Park Facilities Development Impact
Fee and shall prepare a report thereon to the City Council in accordance with
Government Code Section 66006,incorporating among other things:
1. Any parkland acquisition, park development and community facilities
development commenced, purchased or completed utilizing monies from the
Parkland Acquisition and Park Facilities Development Impact Fee fund;
2. The amount of the fees collected and the interest earned;
3. The amount of Parkland Acquisition and Park Facilities Development Impact
Fees in the fund; and
4. Any recommended changes to the Parkland Acquisition and Park Facilities
Development Impact Fee, including, but not necessarily limited to changes in
this Parkland Acquisition and Park Facilities Development Impact Fee chapter
or fee resolution.
B. Based upon the report and such other factors as the City Council deems relevant and
applicable, the City Council may amend the ordinance codified-in this Chapter or the
fee resolution implementing this Chapter. Changes to the Parkland Acquisition and
Park Facilities Development Impact Fee rates or schedules may be made by amending
the fee resolution. Any change which increases the amount. of the Parkland
Acquisition and Park Facilities Development Impact Fee shall be adopted by the City
Council only after a noticed public hearing.Nothing herein precludes the City Council
or limits its discretion to amend the ordinance codified in this Chapter or the fee
resolution establishing Parkland Acquisition and Park Facilities Development Impact
Fee rates or schedules at such other times as may be deemed necessary.
17 76160 Effect of Parkland Acquisition And Park Facilities Development Impact Fee
on 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.
9
12-3209.002179301
HB -97- Item 3. - 15
Ordinance No.3946
17.76.170 Violation Penalty. A violation of this Chapter shall be prosecuted in the same
manner as misdemeanors are prosecuted; and upon conviction, the violator shall be
punishable according to law. However, in addition to or in lieu of any criminal prosecution,
the City shall have the power to sue in civil court to enforce the provisions of this Chapter.
17.76.180 Seyerability. If any section, phrase, sentence, or portion of this Chapter is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portions
shall be deemed a separate, distinct, and independent provision; and such holding shall not
affect the validity of the remaining portions thereof.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of duly , 20 12.
Mayor
ATTEST:
INITI T ROVED:
i
City Clerk
Deputy City Manager
REV tND APPROVED:
APPROVED AS TO FORM:
Yilryanager
�f
+Cit§ torney
10
?-3209.002n9301
Item 3. - 16 HB -98-
Ord. No. 3946
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 12,20I2.
In accordance with the City Charter of said City
Joan L. Fl n Ci Clerk C Clerk and ex-officio erk
-Senior Deputy City Clerk of the City Council of the City
of Huntington Beach,California
HB -99- Item 3. - 17
ATTACHMENT 2
RESOLUTION NO. 2012-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AD OPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT
FOR THE CITY OF HUNTINGTON BEACH,AND ESTABLISHING NEW AND REVISED
DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY
WHEREAS, several policies within the City's General Plan require that new development
mitigate its share of the impacts to the natural and built environments and be fiscally neutral so
as to not result in a net economic loss for the City;and.
Such General 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
12-3209.006/79289
Item 3. - 18 HB -100- .
Resolution No.2012-23
The City has collected development impact fees.to mitigate the impacts of new
development, including fees for transportation, park land acquisition and development, library
and other public facilities since the adoption of the respective ordinances and resolutions; and
The City Council desires to repeal certain resolutions, create and update other
development impact fee resolutions in accordance with the calculations and recommendations
contained in the Nexus Report; and
In compliance with the Mitigation Fee Act, California Government Code section 66000
et seq., the City Council held a noticed public hearing on the proposed increase in development
impact fees at its regular meeting on Jurie 18 , 2012, to solicit public input
on the proposed increases to development impact fees,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Findings Mgsuant 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. 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
HB -101- Item 3. - 19
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 amoniz Public Facilities. The City Council finds that the public
facilities identified in the Nexus Report and funded through the collection of development
impact fees recommended in the Nexus Report are separate and distinct from those public
facilities funded through other fees presently imposed and collected by the City. To the extent
that other fees imposed and collected by the City, including Specific Plan fees are used to fund
the construction of the same public facilities identified in the respective ordinances and Nexus
Report, then such other fees shall be a credit against the applicable development impact fees.
Notwithstanding the above provision,this resolution shall not be deemed to affect the imposition
or collection of the water and sewer connection fees authorized by the Huntington Beach
Municipal Code.
6. CEQA Finding. The adoption of the Nexus Report and the increase in
development impact fees are not subject to the California Environmental Quality'Act in that
pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government- funding
mechanisms which do not involve any commitment to any specific project which may cause a
significant effect on the environment, is not defined as a"project"-under CEQA.
7. Adoption of Report. The Nexus Report as amended April 27, 2012, including
Appendices,is hereby adopted.
8. Fee Imposed. The new Development Impact Fees set by this resolution shall not
apply to projects that have received discretionary project entitlement approval on or before June
5, 2012 and the following milestones are met:
1. Project applicant has submitted an approved application for building permits
within 180 days after the fee going into effect or no later than February 18, 2013.
2. From the time of initial building permit application, the project makes continued
progress toward satisfying plan check comments.
3. Building Permits are issued within 360 days after the fees go into effect.
An exception to the above milestones is the involvement of an outside third party
regulatory agency. In such cases the 180 days to make building permit application will begin
when the developer receives clearance from that agency. The City Manager shall have the
authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered"
projects. All other projects are subject to the fees then in effect. All existing Development
Impact Fees remain in effect until final action is taken on this resolution and respective
ordinances. In the event any portion of this resolution is held invalid, the previously approved.
development impact fee shall automatically apply.
9. Timin off 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 3. - 20 HB -102-
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, T 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
12-3209.006/79289
HB -103- Item 3. - 21
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
l
ND APPROVED: INITI�3' AND ROVED:
er Deputy City anager
APPROVED AS TO FORM:
Cit(Attorney ryl
12-3209.006/79289 5
Item 3. - 22 HB -104-
abot
xh I I
.
xB -105- Item 3. - 23
Exhibit A-3 Aternative Fee Schedule No.3
Development Impact Fees (Effective 9/2/2012) 30%
Circulation Park Land/
System Open Space
Law Fire (Streets, &Facilities
Enforcement Suppression Signals, Public Library (No Tract
Land Use Facilities Facilities Bridges) Facilities Map)
Detached Dwelling Units(per Unit) $119 $277 $1,800 $1,091 $6,802
Attached Dwelling Units(per Unit) $245 $115 $1,238 $519 $4,632
Mobile Home Dwelling Units(per Unit) $111 $475 $940 $479 $3,351
Hotel/Motel Lodging Units (per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF
Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF
Commercial/Office Uses(per sq.ft.) $0.312 $0.099 $4.175 No Fee $0.447
Industrial/Manufacturing Uses(per sq.ft.) $0.133 $0.009 $1.279 No Fee $0.393
Development Impact Fees (Effective 9/2/2013) 60%
Circulation Park Land/
System Open Space
Law Fire (Streets, &Facilities
Enforcement Suppression : Signals, Public Library (No Tract
Land Use Facilities Facilities Bridges) Facilities Map)
Detached Dwelling Units(per Unit) $238 $553 $2,092 $1,126 $11,54G
Attached Dwelling Units(per Unit) $489 $229 $1,417 $686 $8,576
Mobile Home Dwelling Units(per Unit) $221 $950 $1,094 $588 $6,701
Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF
Resort Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF
Commercial/Office Uses (per sq. ft.) $0.625 $0.197 $4.175 No Fee $0.664
Industrial/Manufacturing Uses(per sq.ft.) $0.266 $0.018 $1.498 No Fee $0.555
Development Impact Fees (Effective 9/2/2014) 90%
Circulation Park Land/
System Open Space
Law Fire (Streets, &Facilities
Enforcement Suppression Signals, Public Library (No Tract
Land Use Facilities Facilities Bridges) Facilities Map)
i
Detached Dwelling Units(per*Unit) $356 $830 $2,385 $1,160 $16,278
Attached Dwelling Units(per Unit) $734 $344 $1,597 $852 $12,520
Mobile Home Dwelling Units(per Unit) $332 $1,425 $1,248 $697 $10,052
Hotel/Motel Lodging Units(per Unit) No Fee No Fee $172/trip $0.04/SF $0.23/SF
Resort Lodging Units(per Unit)-- No Fee No Fee $172/trip $0.04/SF $0.23/SF
Commercial/Ofl:lce Uses (per sq.ft.) $0.937 $0.296 $4.175 No Fee $0.88"L
Industrial/Manufacturing Uses(per sq.ft.) $0.399 $0.027 $1.716 No Fee $0.718
Date Printed:5/24/2012,June 4 Resolutlon 30 60 90
Page 1
Item 3. - 24 HB -106-
Exhibit A-3 Aternative Fee Schedule No. 3
Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012)
Recommended Cost per 30%Increase
1000 sq.ft,dwelling unit Scenario Cost per
Adjusted Average Trip-end Additional Cost per or other unit(90°/a of 1000 sq.ft,dwelling
Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit or other unit
Ft og.i T1At
Detached Dwelling Unit 8.76 7.9 mil 34,6 $ 50.22 $ 1,737.61 /Unit $ 1,722.56 /Unit
Apartment 6.15 7.9 0.6 24.3 $ 50,22 $ 1,220.35 /Unit $' 1,209.50 /Unit
Condominium/Townhouse 5.36 7.9 0.5 21.2 $ 50.2-2 $ 1,064.66 /Unit $ 1,064.0¢ . /Unit
Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit $ :=.899, 9. /Unit
RORIlOURtST(PekUnit;orEtitrya}o'or);:, a t. .d,; .• - _ _... ;,,;•r,`..-.: .: t:_.`
Hotel 6.29 7.6 0.6 23.9 $ 64.34 $ F 1.537.73 /Room. I '1,218.'0- /Room
All Suites Hotel 3.77 7.6 05 14.3 $ 64.34 $ 920.06 /Room $ . 79.�9 /Room
Motel 4.34 7.6 0.5 16 55 $ 64.34 $ 1,061.61 /Room $ 841.02 /Room
INIRUSTRIAi1goo SF} •:,_.:>:•�.:. ' ;:.:;:c;�: ': . - .,. :
General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ r 1,788.65 /1,000 sf /1,000
Heavy Industrial 5.97 9.0 0.6 26.9 $ 64.34 $ 1,730.75 11,000 sf $ 1,Z'3801= /1,000
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf $ 56fi.fif /1,000
Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 111.000 sf $ '90,74 /1,000
Oi1111%K-IAL(per 1,000$F ,4. +-. f�, .,.
-`�••,i-�•i=-„. -1.' l�. '., ,.!'.•.. a�..:'. �� -i��P��' '' `.. '. ... ..i_ •. .i -.*.,'f.��i'. - _.� -
Office Park :+ 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf ,$ 1,522.61 sf,000
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 11,000 sf $ 9,027.85 sf,000
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $. 2.644.37 /1,000 sf $ 1.9'(74.5 sf/1
Bldg.Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,o59.86 11,000 sf $ 4,059.85 f,000
Store
Garden Center- 23A5 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 sf,000
Movie Theater 2.47 4,3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ 341.00 sf,000
Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf $ 817.12 /1,000
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 4,569.89 Sf
sfO�'
General Office Building 7.16 8.81 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,470.08 f,000
Shopping Center 30.2 4.3 015 64.9 $ 64.34 $ 4,175.67 /1,000 sf $ 4,175.67 sf,000
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,58236 11,000 sf $ 1,582.76 sf,000
/1,000
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf $ 8.705.20 sf
/1,000
High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1.228.89 11,000 sf $ 1,228.89 sf 1
/1,000
Convenience Market 43.67 4.3 0.5 93.7F$ 64.341$ 6,028.66 11,000 sf $ 6,028.66sf
Office Park 13.97 4.3 0.5 30.04 $ 1,930.20 /1,000 sf $ 1,930.20
/.1,000
sf
Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424,64 !Acre
Service Station/Market 107.69 4.3 0.5 231.5 $ 64,34 $ 14.894.71 /Fuel $14.894. /Fuel
� 71 Position Position
Service Station w/Car /Fuel /Fuel
Wash 99.35 4.3 0.5 213.E $ 64.34 $ 13,743.02 Position $13,743.02 Position
Page 2
xB -107- Item 3. - 25
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(90%of dwelling unit or other
Land Use Trip Ends Distance to Trip Trip Miles Trip Mile original) unit
RESIDENTIAL LAND USES(per Unit)
Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 57.39 $ 1,985.69 /Unit $ 1,938.39 /Unit
Apartment 6.151 7.9 0.5 24.3 $ 57.39 $ 1,394.58 /Unit $ 1,361.20 /Unit
Condominlumrrownho 5.36 7.9 0.5 21.2 $ 57.39 $ 1,216.67 /Unit $ -1,187.17 /Unit
use
Mobile Home Dwelling 4.57 7.9 0.5 18A $ 57.39 $ 1,038.76 /Unit $ 1,013.15 /Unit
RE$ORl/TOfJC2J$TT(per lltlit brfntijr-,Door)
Hotel 6.291 7.61 0.51 23.9 $ 64.34 $ 1,537.73 /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 4.34 7.61 0.51 16.5 $ 64.34 $ 1,061.61 /Room $ 935.56 /Room
iNDUSl R1Al.('per.1,000 SF):. '' ":-: 7-
General Light Industrial 6.17 9,0 0,5 27.8 $ 64.34 $ 1,788.65 11,0D0 sf .$ 1,497.69 /1,000 sf
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 11,000 sf $ 1,449:18 /1,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf $ 662.65 /1,000 sf
Warehousing 4.39 9.01 0.5 19.8 $ 64.34 $ 1,773.93 /1,000 sf $ 1,066,39 11,D00 sf
CQMMERCtAL Cper 1 c000 SF)'
Office Park 7.421 8.8 0.5 32.6 $ 64.34 $ 2,097.48 11,000 sf $ 1,768.99 /1,000 sf
Research Park 5.011 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf $ -1,193.98 /1,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf $ 2,229.22 /1,0D0 sf
Bldg.Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,059.85 11,000 sf
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 2.471 4.3 0.5 5.3 $ 64.34 $ 341.00 11,000 sf $ 341.00 /1,000 sf
Church 5.921 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf $ 817.12 11,000 sf
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 5,299.66 /1,000 sf
General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,708.63 11,000 sf
Shopping Center 30.2 4.3 0.5 64.9 $ 64,34 $ 4,175.67 /1,000 sf $ 4,175.67 11,000 sf
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 11,000 sf $ 1,582.76 /1,000 sf
Discount Center 62.93 4.3 0.5 135.3.$ 64.34 $ 8,705.20 11,000 sf $ 8,705.20 11,000 sf
High-Turnover 8.9 4.3 0.5 19.1 $ 64.34 $ 1,22&89 11,000 sf $ 1,228.89 /1,000 sf
Restaurant
Convenience Market 43.571 4.31 0.51 93.7 $ 64.34 $ 6,028.66 11,000 sf $ 6,028.66 11,000 sf
Office Park 13.97 4.3 0.51 30.0 $ 64.34 1$ 1,930.20 111.000 sf $ 1,930.20 /1'000 sf
41KEi l#' -
Cemetery 3.671 4.3 0.5 6.6 $ 64.34 1 $ 424.64 /Acre $ 424.64 /Acre i
Service Station/Market a Position 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel $ 14,894,71 /Fuel
Position
Service Station w/Car /Fuel /Fuel
Wash 99.35 4,3 0.5 213.6 $ 64.34 $ 13,743.02 Position $ 13,743.02 Position
,
Page 3
Item 3. - 26 HB -108-
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.ft,dwelling unit or
Land Use Trip Ends Distance Trip Trip Miles Trip Mile other unit(90%of original
RESIQEN71, -LAi�DIlS.E�- e.�'lJnit► : ;-; . ~- =
Detached Dwelling Unit 8.76 7.9 .0.5 34.6 $ 64.34 $ 2,226.16 /Unit
Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit
Condominium/Townhou 5.36 7.9 0.5 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 E;rtIT0011t57,(pei•lJ�it:or:E try:�oorj
�...
Hotel 6,291 7.6 0.5 23.9 $ 64.34 $ 1,637.73 /Room
All Suites Hotel 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
bCIS:T..RI'�CL' `er 1 000 SF ,. �,. r.... .
�! !1?,. �, f)
General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788,65 /1,000 sf
Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.76 /1,000 sf
Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf
Warehousing 1 4.391 9.01 0.51 19.8 $ 64.34 $ 1,273.93 /1,000 sf
COII7iM RC-/L.(001;000
Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf
Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415,48 /1,000 sf
Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf
Bldg. Materials/Lumber 29.35 4.3 0.5 63.1 $ 64.34 $ 4,069.85 /1,000 sf
Store
Garden Center 23.45 4.3 0.5 50.4 $ 64.341 $ 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 /1,000 sf
Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64,34 $ 6,286.02 11,000 sf
General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf
Shopping Center. 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 11,000 sf
Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ .. 1,582,76 /1,000 sf
Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705,20 /1,000 sf
High-Turnover 8.9 -4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf
Restaurant
Convenience Market 43.57 4.3 0.51 93.7 $ 64.34 $ 6,028.66 11,000 sf.
Office Park 13.97 4.3 0.51 30.0 $ 64.34 1 $' 1,930,20 /1,000 sf
Cemetery 3.07 a r 4.3 0.5 6.6 $ 64.34- $ 424.64 ]Acre
Service Station/Market . 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel
av Position
Service Station w/Car 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel
Wash Position
Page 4
HB -109- Item 3. - 27
Res. No. 2012-23
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City., do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City-Council
at a regular meeting thereof held on June 18, 2012 by the following vote:
AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Dwyer, Hansen
ABSENT: None
ABSTAIN: None
Ci y Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Item 3. - 28 HB -110-
OVERVIEW ATTACHMENT 3
Parkland Aquisition Development Fee
Annual Financial Summary Statement
Fiscal Year 2011-12
Amount
Fund Balance 9130/11 1,135,410
Revenue FY 2011-2012 Amount
Fees (Fund 209) 887,131
Fees (Fund 228) 1,148
Combined Fund Interest 13,505
Revenue Total 901,784
Percent
Funded
with Dev.
Impact
Expenditures FY 2011-2012 Amount Fees
Park Improvements(A) 8,995 100%
Park Leases/Equipment Rental 3,919 100%
Professional/Contracted Services(B) 29,739 100%
Youth Sports/Non Profit Grant Expenditures 47,008 100%
Staffing 48,438 50%
Expenditure Total 138,099
Fund Balance(9130112) $1,899,096
A) Light pole demoliton at Worthy Park; New sign for Seeley Park
B) Professional design/landscape architect services for Worthy Park, as well as Community Garden soil testing, and
consulting services associated with the Development Impact Fee Report
HB -I l l- Item 3. - 29
ATTAC H M E N T #2
Item 3. - 30 xN -112-
CITY OF HUNTINGTON BEACH
Inter Office Communication
� O
EB7t t!Dl ". \
Community Services Department.
TO: . Honorable Mayor and City Council Memb s
VIA: Bob Hall, Assistant City Manager
FROM: Janeen Laudenback, Interim Community Services Director
DATE: March 26, 2013
SUBJECT: RELEASE OF PARK FEE ANNUAL REPORT FOR FY 2011-2012
According to reporting requirements of California Government Code 66006, the City
must prepare an annual report of Park Development Impact fees and make the report
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 not less than 15 days
following its release to the public.
The annual report for fiscal year 2011-2012 is attached for your preliminary review. It
will be officially transmitted for approval at the April 15, 2013, City Council meeting. By
way of this transmittal, I am releasing this report for public review. Please feel free to
contact me should you have any questions regarding the attached information.
C. Jennifer McGrath, City Attorney
Joan Flynn, City Clerk
Fred Wilson, City Manager
Scott Hess, Director of Planning and Building
Dave Dominguez, Manager, Facilities Development and Concessions
Attachment:
Parkland Acquisition and Park Facilities Development Impact Fee Annual Report— FY 11-12
HB -113- Item 3. - 31