HomeMy WebLinkAboutUrgency Ordinance No 3474 - Interim Traffic Impact Fee - Ord CITY OF HUNTINGTON BEAC
MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER:CA 2000-19
Council/Agency Meeting Held: td- ib- 00
Deferred/Continued to: rl\) I --
XApproved ❑ Conditional) Approved ❑ Denied
CIS
1`aD kAN N'Al �t'1,4V 1i)1F1•1 ) 0V0p tip ,3 l4J ity Clerk' . ; ature
Council Meeting Date:(--/_cDOctober 16, 2000 Department ID Number: CA 2000-19
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator 02&
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works C
GAIL HUTTON, City Attorney I
SUBJECT: Adopt Urgency Ordinance No. 3478 of the City of Huntington Beach
extending the Interim Traffic Impact Fee Ordinance Pursuant to
California Government Code Section 66017(b) and Making Findings in
Support Thereof
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City continue the traffic impact fee program.
Funding Source: Not applicable.
Recommended Action: Adopt "An Urgency Ordinance of the City of Huntington Beach
Extending the Interim Traffic Impact Fee Ordinance Pursuant to California Government Code
Section 66017(b) and Making Findings in Support Thereof."
Alternative Action(j: Do not continue the traffic impact fee program.
Analysis:
Background: In 1990, the City Council adopted Ordinance No. 3048 and Resolution No.
6164 establishing a traffic impact fee program. Ordinance No. 3048 added Chapter 17.65 to
the Municipal Code, which included the following provisions:
• Section 17.65.020(C) establishing a traffic impact fee in the amount of $75.00 per
vehicle trip, which was one-half of the fee amount that the CTSIP supported, with the
2000-19 Extending Interim TIF -2- 10/10/00 9:08 AM I
J
MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER:CA 2000-19
balance of the $150 ($75) being designated as the City's general responsibility. The
fee is calculated based upon the increase in vehicular trips from the pre-1990 use, if
any;
■ Section 17.65.050 setting the fee to expire ten years from the date of passage.
Justification for Adopting an Urgency Ordinance Continuing the Traffic Impact Fee
Program: In anticipation of the expiration of Ordinance No. 3048, the Public Works
Director commissioned a study to determine if the traffic impact fee program should be
continued, and at what level. The study was a collaborative approach between the JR
Consulting Engineers (the City's traffic engineer consultant) and Hamilton, Rabinovitz &
Alschuler, Inc. As a result of these studies, on October 2, 2000, the City Council adopted a
new Traffic Impact Fee Program with a $120 per trip fee. Because State law imposes a 60-
day waiting period between the adoption and application of new development impact fees,
the new fee will not be effective until December 1, 2000. Consequently, it is necessary to
adopt the attached Urgency Ordinance to bridge the period between the expiration of the
existing program and the start of the new one.
In anticipation of this problem, the Council previously adopted Ordinance No. 3474 on June
19, 2000. It clarified that the existing Traffic Impact Fee Program has a ten-year life, which
means that its expiration date is October 5, 2000. It then established an Interim Traffic
Impact Fee Program for 30 days, from October 5, 2000 through November 4, 2000. State
law provides that the City may, by urgency ordinance, establish an interim traffic fee
ordinance for 30 days, and subsequently, may extend that period for an additional 30 days.
It is now necessary to extend the Interim Traffic Impact Fee Program to apply to all
certificates of occupancy issued after November 4, 2000, and prior to December 1, 2000.
The interim fee will be set at $75 per vehicle trip. The effect of these two interim traffic
impact fee ordinances is to bridge the gap between the expiration of the original program
on October 5, 2000, and the start of the new program on December 1, 2000.
Environmental Status: Categorically exempt pursuant to Section 15273(a)(4) of the CEQA
Guidelines.
Attachment(sj:
City Clerk's
Page Number No. Description
1 Ordinance No. 3478
RCA Author: Scott Field
2000-19 Extending Interim TIF -3- 10/10/00 9:08 AM
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ATTACHMENT
3
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ORDINANCE NO. 3478
AN URGENCY ORDINANCE OF THE CITY OF
HUNTINGTON BEACH EXTENDING AN INTERIM
TRAFFIC IMPACT FEE ORDINANCE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 66017(b)
• AND MAKING FINDINGS IN SUPPORT THEREOF
The City Council of the City of Huntington Beach ordains as follows:
SECTION 1. Findings and Intent. The City Council finds as follows:
A. In May 1990, the City Council adopted Ordinance No. 3048 and
Resolution No. 6164. Ordinance No. 3048 added Chapter 17.65 to the Huntington Beach
Municipal Code, establishing a traffic impact fee program, including setting a traffic impact fee
in the amount of$150.00 per vehicle trip, of which one-half($75.00) would be paid by the
developer, and the City would contribute the other half of the traffic impact fee.
B. Both the Staff Report and Section 17.65.050 of the Municipal Code states
that the traffic impact fee program was to expire after ten years. Specifically, Section 17.65.050
states that Chapter 17.65 was to expire ten years after the "date of passage" of Ordinance No.
3048. The date of passage of Ordinance No. 3048 was August 6, 1990, and ten years later is
August 5, 2000. However,pursuant to Section 5 of Ordinance 3048, the traffic impact fee went
into effect on October 5, 1990, and ten years from that date is October 4, 2000. Consequently,
while Section 17.65.050 suggests that Ordinance No. 3048 expires on August 5, 2000, the
legislative intent of the Council was that the program last for a full ten years. Accordingly, the
City Council found pursuant to Ordinance No. 3474 that it was the intent of Ordinance No. 3048
that the traffic impact fee program have a full ten year life, through October 4, 2000.
C. In anticipation of the expiration of Ordinance No. 3048, the City
commissioned studies of the impact of future development on transportation and traffic
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SF-2000 Ordinance:Extending Interim Traffic Impact Fee
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operations. As a result of these studies, the City Council introduced Ordinance No. 3477 and
Resolution No. 2000-97 establishing a new traffic mitigation impact fee in the amount of$120
per trip, effective December 1, 2000.
D. In anticipation of the expiration of the existing traffic impact fee program, •
the City Council adopted Urgency Ordinance No. 3474, adopting an Interim Traffic Impact Fee
in the amount of$150 per trip applicable to developments seeking certificates of occupancy after
October 5, 2000. Said Ordinance was adopted pursuant to Government Code 66017(b) and
expires on November 4, 2000.
SECTION 2. Extension of the Interim Traffic Impact Fee Program
A. The City Council hereby finds and determines that development seeking
certificates of occupancy after November 4, 2000 but prior to the December 1, 2000 effective
date of the new traffic mitigation impact fee program will impact traffic facilities within the City.
These impacts must be mitigated by payment of an Interim Traffic Impact Fee for traffic facility
construction.
B. Pending the effective date of the new traffic mitigation impact fee
program, the City Council extends the Interim Traffic Impact Fee in the amount of$75.00 per
vehicular trip generated by new development.
SECTON 3. Urgency Ordinance. This Ordinance is hereby declared to be an urgency
measure pursuant to the terms of California Government Code Section 66017(b), and this
Ordinance shall take effect immediately upon its adoption. There is a current and immediate
threat to the public health, safety and welfare if the City's traffic impact fee is permitted to lapse
because development will continue to further impact City traffic facilities, and the City would be
without the fees necessary to mitigate these impacts.
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SF-2000 Ordinance:Extending Interim Traffic Impact Fee
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SECTION 4. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decisions shall not affect the
validity of the remaining parts of this Ordinance. If a court of competent jurisdiction should •
determine that Chapter 17.65 of the Huntington Beach Municipal Code expires sooner than
October 5, 2000, then it is the intent of the Huntington Beach City Council that Section 3 of this
Ordinance shall go into effect as of the earlier expiration date of Ordinance No. 3474.
SECTION 5. Environmental Compliance. The City Council hereby finds that this
project is exempt from the California Environmental Quality Act under Section 15273(a)(4) of
the CEQA Guidelines. The Council finds that the exemption applies because there is no
reasonable possibility that the extension of the traffic impact fee program could negatively effect
the environment. To the contrary, the program is intended to collect impact fees which will be
used to mitigate the environmental effects of new development on transportation facilities.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of October , 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk I ay Attorney
REVIEWED AND APPROVED: INIT ED AND APPROVED:
City Administrator irector of Public Works
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SF-2000 Ordinance:Extending Interim Traffic Impact Fee
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Emergency Ord. No. 3478
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH ) •
I, CONNIE BROCKWAY, 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 the 16th day of October,
2000, and was passed and adopted by at least four-fifths (4/5) affirmative vote of
said City Council.
AYES: Councilmembers:
Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
•
NOES: None
ABSENT: None
I,Connie Brockway 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 Independent on Lea./ aliChr
,19
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
RSA ROUTINtJ SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: Urgency Ordinance Extending an Interim Traffic Impact Fee
Ordinance Pursuant to California Government Code Section
66017(b) and Making Findings in Support Thereof
COUNCIL MEETING DATE: October 16, 2000
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( el.C- )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) C )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author:
02)
RCA ROUTING SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: Urgency Ordinance Extending an Interim Traffic Impact Fee
Ordinance Pursuant to California Government Code Section
66017(b) and Making Findings in Support Thereof
COUNCIL MEETING DATE: October 16, 2000
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ("EL_ )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( ate )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author:
'xJ la-Tg-o
h. o. INDEPENDENT
PUBLISH DATE: 10-26-00
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3478
Adopted by the City Council on 10-16-2000
"AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
EXTENDING AN INTERIM TRAFFIC IMPACT FEE ORDIANCE PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 66017(b) AND MAKING •
FINDINGS IN SUPPORT THEROF"
SYNOPSIS:
Urgency Ordinance No. 3478 extends the Interim Traffic Impact Fee Program (established by Ordinance
No. 3474) for an additional 30 days to apply to all certificates of occupancy issued after November 4,
2000 and prior to December 1, 2000. Urgency Ordinance No. 3478 extends the Interim Traffic Impact
Fee in the amount of$75.00 per vehicular trip generated by new development.
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 16,
2000, by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
This ordinance is effective on date of adoption (October 16, 2000).
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92647
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g:\synopsis\Syn3478
41,
CITY OF HUNTINGTON BEACH G.-44 , I .Q.+.f.,,
MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: CA 00-11 �J
Council/Agency Meeting Held: CH" -OD
Deferred/Continued to:
A CI Conditional) pproved ❑ Died
�� ` \ ' •� ��ry_ t Denjed
•) Olc q 1k? City Cle IX Signature
Council Meeting Date: June 19, 2000 Department ID Number: CA 00-11
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: ROBERT BEARDSLEY, Director of Public Works
GAIL HUTTON, City Attorney CP
SUBJECT: Adopt an Urgency Ordinance of the City of Huntington Beach Adopting
an Interim Traffic Impact Fee Ordinance Pursuant to California
Government Code Section 66017(b) and Making Findings in Support
Thereof ORS. No_ 3`1 (1
Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: Should the City continue The Traffic Impact Fee Program.
Funding Source: Not applicable.
Recommended Action: Adopt "An Urgency Ordinance of the City of Huntington Beach
Adopting an Interim Traffic Impact Fee Ordinance Pursuant to California Government Code
Section 66017(b) and Making Findings in Support Thereof."
Alternative Action(s): Do not continue the Traffic Impact Fee Program.
Analysis:
Background: In 1988, the City Council established an Ad-Hoc Committee on Growth
Management and assigned it the task of developing a Growth Management Plan and Traffic
Impact Fee. The Committee worked extensively for more than a year with representatives
from private development and the public, and ultimately presented their recommended
program to the City Council in January 1989. The program included the following:
00-11 Traffic Impact Fee -2- 6/15/00 4:22 PM
REQUEST FOR COUNCIL AC i ION
MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: CA 00-11
• Adoption of a Comprehensive Traffic Improvement Plan with funding sources;
• Establishment of a Traffic Impact Fee to cover half of the unfunded improvements,
with the other half from the City;
• Annual matching of the previous year's Traffic Impact Fee; and
• Sunset of the Traffic Impact Fee after ten years.
,The City Council endorsed the program and directed the Committee and staff to develop a
traffic impact fee ordinance that would levy a fee on proposed developments. In turn, the
City would use the fees collected to mitigate traffic impacts caused by such development.
State law provides that, before a city may impose a development fee, it must do the
following:
• Identify the purpose of the fee;
• Identify how the fee will be spent; that is, describe the public facilities that will be
constructed with the fee; and
• Demonstrate that there is a reasonable relationship between: (1) the fee's use and
the development made subject to the fee, and (2)the need for the public facilities and
the development subject to the fee.
This last requirement is commonly referred to as the "nexus" requirement. It means that, in
order to justify a traffic impact fee, the City must show that the incremental increase in traffic
from development makes necessary the traffic improvements that will be funded with the
development fees.
To satisfy the nexus requirement, by May 1990, a report entitled the "Comprehensive
Transportation System Improvement Program" ("CTSIP") was completed. It identified the
cumulative impacts of development projects on City transportation facilities. The CTSIP
identified existing and projected deficiencies and estimated the cost of mitigation measures
necessary to address traffic impacts. Specific impacts attributable to new development
within the City were identified. The CTSIP cited more than $111 million in needed
improvements, $25 million of which was attributable to new development.
Based on the CTSIP, the City Council adopted Ordinance No. 3048 and Resolution No. 6164
establishing a traffic impact fee program. Ordinance No. 3048 added Chapter 17.65 to the
Municipal Code, which included the following provisions:
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REQUEST FOR COUNCIL ACTION
MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: CA 00-11
• Section 17.65.020(C) establishing a traffic impact fee in the amount of$75.00 per
vehicle trip, which is one-half of the fee amount that the CTSIP supported, with the
balance of the $150 ($75) being designated as the City's general responsibility. The
fee is calculated based upon the increase in vehicular trips from the pre-1990 use, if
any;
• Section 17.65.020(E) allowing for fee credit based on improving the local balance
between jobs and housing;
• Section 17.65.020(B) making the fee payable at certificate of occupancy; and
• Section 17.65.050 setting the fee to expire ten years from the date of passage.
Justification for Adopting an Urgency Ordinance Continuing the Traffic Impact Fee Program:
Since the implementation of the Traffic Impact Fee Program, the City has collected $2.86
million in Traffic Impact Fees. The City also anticipates additional revenues for current
projects including Wal-Mart and the Ocean Grand Resort to amount to approximately $2.23
million. An equivalent amount of matching funds from the City are being recommended for
inclusion in the midcycle adjustment of the City's current budget.
The funds collected to date plus the addition of City funds (totaling $5.72 million) will still be
inadequate to pay for even one-half of the $25 million in new traffic improvements necessary
to mitigate new development from 1990-2000. Moreover, new development over the next
ten years will create the need for additional traffic improvements. Also in 1990, State
Proposition 111 and the County Measure M were passed by the voters. Each of these new
laws included provisions requiring that all cities in Orange County adopt a growth
management plan including an associated traffic impact fee. Finally, in 1992, Huntington
Beach adopted its Growth Element, based in large part on the plan developed by the Ad-Hoc
Growth Management Committee and the County's model ordinance.
For these reasons, and in anticipation of the expiration of Ordinance No. 3048, the Public
Works Director has commissioned a study to determine if the traffic impact fee program
should be continued, and at what level. The study is a collaborative approach between the
JR Consulting Engineers (the City's traffic engineer consultant) and Hamilton, Rabinovitz &
Alschuler, Inc. (whose contract the Council approved at its May 15, 2000 meeting).
The very preliminary results of the study support continuing the Traffic Impact Fee Program.
Further, these results suggest that the new fee will be in the range of$150 per trip that was
recommended in the 1990 CTSIP. It is anticipated that the new study will be completed by
the end of July 2000. However, in order to establish a new Traffic Impact Fee Program, the
Council must adopt a new ordinance to replace Ordinance No. 3048, as well as complete the
public hearing process and 60 day waiting period that Government Code Section 66017
requires between the adoption and application of new development impact fees. When
taking this process into account, it is unlikely that the new fee will be in place by August 5,
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KEQUEST FOR COUNCIL AC i iON
MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: CA 00-11
2000, the earliest date Ordinance No. 3048 might expire. Consequently, it is necessary to
adopt the attached Urgency Ordinance.
The Urgency Ordinance would accomplish two objectives:
1. Establishing the Expiration Date of the Current Traffic Impact Fee Program. The
Urgency Ordinance will state that the Council intended for the original Traffic
Impact Fee Program to have a ten-year life, which means that the expiration date
of Ordinance No. 3048 is October 5, 2000.
Specifically, the Urgency Ordinance notes that Section 17.65.050 of the Municipal
Code provides that Chapter 17.65 expires ten years after the date of passage of
Ordinance No. 3048. The date of passage of Ordinance No. 3048 was August 6,
1990, and ten years later is August 5, 2000. However, according to Section 5 of
Ordinance 3048, the "effective date" of the traffic impact fee was 60 days after
August 6, 1990, which was October 5, 1990, and ten years from that date is
October 4, 2000. Consequently, while Section 17.65.050 is ambiguous whether
Ordinance No. 3048 expires on August 5, or October 4, 2000, the City Council finds
through the Urgency Ordinance that it was the intent of Ordinance No. 3048 that
the traffic impact fee program have a full, ten year life, through October 4, 2000,
and consequently, the program does not expire until that date.
2. The Urgency Ordinance creates an Interim Traffic Impact Fee Program for 30 days,
from October 5, 2000 through November 4, 2000. State law provides that the City
may, by urgency ordinance, establish an interim traffic impact fee ordinance for 30
days, and subsequently, may extend that period for an additional 30 days.
At this time, City Staff believes that the first public hearing on a new Traffic Impact
Fee Program can be held at the August 7, 2000 City Council meeting. If the City
Council actually adopts the fee on this date, state law provides a 60 day waiting
period for the effective date of the fee, which would be October 6, 2000, shortly
after the expiration date of the existing program. Consequently, it is necessary to
establish a short interim ordinance. (Staff also anticipates presenting the revised
Traffic Impact Fee ordinance, which would establish the regulatory framework at
the July 17, 2000 meeting. Once presented to the Council, the ordinance would
have a first reading and a second reading and a 30 day effective date which would
mean the earliest the regulatory framework would be in place is September 7,
2000.)
The Interim Traffic Impact Fee Program would apply to all certificates of occupancy
issued after October 5, 2000, and prior to November 4, 2000. The Interim Fee will
be set at $150 per vehicle trip. This would be revised based upon the ultimate
program the City Council adopts. If the Final Traffic Impact Fee Program has a
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NEQUEST FOR COUNCIL AC i ION
MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: CA 00-11
vehicle trip fee in excess of$150, no additional monies would be owing. However,
if the fee was to be less than $150, then Staff would refund the difference.
Environmental Status: Categorically exempt pursuant to Section 15273(a)(4) of the CEQA
Guidelines.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No. Su(1
RCA Author: Scott Field
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ATTAcHmENT
ORDINANCE NO. 3 4 7 4
AN URGENCY ORDINANCE OF THE CITY OF
HUNTINGTON BEACH ADOPTING AN INTERIM
TRAFFIC IMPACT FEE ORDINANCE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 66017(b)
AND MAKING FINDINGS IN SUPPORT THEREOF
The City Council of the City of Huntington Beach ordains as follows:
SECTION 1: Findings and Intent. The City Council finds as follows:
A. In May 1990,the City Council received a study addressing the cumulative
impacts of new development projects on transportation facilities in the City. The Study, entitled
the Comprehensive Transportation System Improvement Program("CTSIP")recommended that
the City establish a fee on new development in the amount of$150 per vehicle trip the
development generated.
B. Based upon the CTSIP, the City Council adopted Ordinance No. 3048 and
Resolution No. 6164. Ordinance No. 3048 added Chapter 17.65 to the Huntington Beach
Municipal Code, establishing a Traffic Impact Fee Program,including setting a Traffic Impact
Fee in the amount of$75.00 per vehicle trip. This fee was one-half of the$150 per trip fee that
the CTSIP recommended. Ordinance No. 3048 and Resolution No. 6164 provided that the City
was to contribute the other half of the Traffic Impact Fee.
C. Both the Staff Report and Section 17.65.050 of the Municipal Code states
that the Traffic Impact Fee Program was to expire after ten years. Specifically, Section
17.65.050 states that Chapter 17.65 was to expire ten years after the "date of passage" of
Ordinance No. 3048. The date of passage of Ordinance No. 3048 was August 6, 1990, and ten
years later is August 5, 2000. However,pursuant to Section 5 of Ordinance 3048,the Traffic
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Impact Fee went into effect on October 5, 1990, and ten years from that date is October 4, 2000.
Consequently,while Section 17.65.050 suggests that Ordinance No. 3048 expires on August 5,
2000,the legislative intent of the Council was that the program last for a full ten years.
Accordingly,the City Council hereby finds that it was the intent of Ordinance No. 3048 that the
Traffic Impact Fee Program have a full,ten year life,through October 4, 2000.
D. The CTSIP identified more than$111 million in traffic improvements that
were required through 2000, $25 million of which was attributable to new development. Given
that the City was to pay one-half the fee,this meant that$12.5 million was to be collected.
However, since the Council adopted the Traffic Impact Fee Program, only$2.86 million has
been collected and another$2.23 million is anticipated within the next two years. This means
that the program needs to be continued just to continue to fund the traffic facilities projects
already identified.
E. In addition,new development projects in the City of Huntington Beach
occurring over the next ten years will continue to result in additional vehicular traffic within the
City, and there is a causal connection between such development projects and the increased need
for additional transportation facilities and programs.
F. Such new development projects will benefit from the City's transportation
facilities and programs,because new residents,businesses and employees are attracted to those
developments by relative ease of access to those developments. However,the supply of
transportation facilities is not projected to keep pace with future demand for these facilities.
Furthermore,the level of traffic service is expected to diminish as demand for transportation
facilities and programs increases due to commercial and residential development.
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G. Failure to enhance the ability of the Huntington Beach transportation
system to accommodate greater traffic will make it more difficult for future developers to sell
residences and future employers to secure a labor force, and therefore could cause unacceptable
harm to the quality of life in the City, contrary to the goals, objectives and policies of the City's
General Plan.
H. State Proposition 111 and County Measure M, as well as the City's
General Plan require new developments to mitigate their traffic impacts.
I. The impacts of future commercial and residential development on
transportation and traffic operations have been preliminarily studied in a technical working paper
prepared by JR Consulting Engineers, entitled"City of Huntington Beach Transportation System
Needs Analysis 2000-2010" (hereinafter"JR Consulting Report")which analyzes and
demonstrates a reasonable relationship between new development, and the demand for
transportation facilities and programs, as well as estimates the cost of providing facilities and
programs to mitigate the traffic impact of new development. Preliminary results from the report
suggest that it will recommend that the new fee will be in the range of$150 per trip. It is
anticipated that the new study will be completed by the end of July 2000.
J. The sources of City revenue other than development fees, including tax
revenues which will be paid by new commercial and residential development,will be needed for
many public purposes and therefore will not be sufficient to offset the burdens on transportation
facilities and programs created by new commercial and residential development.
K. In order to establish a new traffic impact fee program, the Council must
adopt a new ordinance to replace Ordinance No. 3048, as well as complete the public hearing
process and 60 day waiting period that Government Code Section 66017 requires.
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SECTION 2. Expiration Date of Ordinance No. 3048. The City Council hereby
determines and declares that the expiration date of Ordinance 3048 is October 5, 2000.
Therefore, all new developments applying for certificates of occupancies up to and through
October 5, 2000 shall,pursuant to HBMC § 17.65.020(B),pay a fee of$75.00 per vehicle trip
generated.
SECTON 3. Interim Authorization of an Extension to the Traffic Impact Fee Program.
A. The City Council hereby finds land determines that development seeking
certificates of occupancy after October 5,2000, will impact traffic facilities within the City.
These impacts must be mitigated by payment of an Interim Traffic Impact Fee for traffic facility
construction.
B. The City Council will establish the amount of the Final Traffic Impact Fee
at some time in the future. The Fee will be based upon the vehicle trips generated by each
development, or similar measure(s). The Final Traffic Impact Fee also shall establish the
specific improvements to be constructed,their cost, and the reasonable relationship between the
fee to be imposed and the incremental increase in traffic caused by the development. Pending
completion of the JR Consulting Report and consideration of the Report at a public hearing,the
City Council sets the Interim Traffic Impact Fee in the amount of$150.00 per vehicular trip
generated by new development.
C. If the Final Traffic Impact Fee is established in an amount less that the
Interim Traffic Impact Fee,the developer will be reimbursed for any difference between the
Interim and Final Traffic Impact Fee. If the Interim Traffic Impact Fee is less than Final Traffic
Impact Fee,the developer's liability for the Fee shall not exceed the amount of the Interim Fee.
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SECTON 4. Urgency Ordinance. This Ordinance is hereby declared to be an urgency
measure pursuant to the terms of California Government Code Section 66017(b), and this
Ordinance shall take effect immediately upon its adoption. There is a current and immediate
threat to the public health, safety and welfare if the City's traffic impact fee is permitted to lapse
because development will continue to further impact City traffic facilities, and the City would be
without the fees necessary to mitigate these impacts.
SECTION 5. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence,paragraph, or section of this Ordinance to be invalid, such decisions shall not affect the
validity of the remaining parts of this Ordinance. If a court of competent jurisdiction should
determine that Chapter 17.65 of the Huntington Beach Municipal Code expires sooner than
October 5, 2000, then it is the intent of the Huntington Beach City Council that Section 3 of this
Ordinance shall go into effect as of the earlier expiration date of Chapter 17.65.
SECTION 6. Environmental Compliance. The City Council hereby finds that this
project is exempt from the California Environmental Quality Act under Section 15273(a)(4) of
the CEQA Guidelines. The Council finds that the exemption applies because there is no
reasonable possibility that the extension of the traffic impact fee program could negatively effect
the environment. To the contrary, the program is intended to collect impact fees which will be
used to mitigate the environmental effects of new development on transportation facilities.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of June , 2000.
Mayo e o e
ATTEST: APPROVED AS TO FORM:
dtxfil. 0614144r
City Clerk City Attorney
REVIEWED AND APPROVED: ED AND APP OVED:
City AdrrFfnistrator • Director of Public Works
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Urgency Ord. No. 3474
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 19th day of June, 2000,
and was passed and adopted by at least four-fifths (4/5) affirmative vote of said
City Council.
AYES: Councilmembers:
Julien,Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
•
ABSENT: Garofalo
I,Connie Brockway 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 Independent on v it
�./riK/
,19
In accordance with the City Charter of said City City Clerk and ex-officio lerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
RM RuUTINu SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Urgency Ordinance Adopting an Interim Traffic Impact Fee
Ordinance
COUNCIL MEETING DATE: June 19, 2000
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( 4ne )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author:
C-e/ik CHIC'///Y1C.0
J RECEIVED FROM #z'"7`-0.7dt
J� AND MADE A PART OF TH R CO}1Dq HE
COUNCIL MEETING OF Pv� 9 /.c/C1
' CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK
CONNIE BROCKWAY,CITY CLERK
Inter Department Communication
-
TO: HON. MAYOR and MEMBERS OF THE CITY COUNCIL
FROM: GAIL HUTTON, City Attorney
ROBERT BEARDSLEY, Director of Public WorksQ
DATE: June 19,2000
SUBJECT: Interim Traffic Impact Fee Ordinance _
ITEM No. G-lb on 6/19/00 Agenda _
•
Enclosed please find a revised page G-lb.10 of the Urgency Ordinance adopting an Interim
Traffic Impact Fee ordinance. This clarifies that while the existing ordinance continues through
October 5, 2000 at the current rate of$75 per trip,the$75 per trip fee does not apply where a-
development agreement provides otherwise, such as in the case of the Holly-Seacliff
Development Agreement,which provides for a$150 per trip fee. Similarly, it clarifies that the
fee for October 5, 2000 through November 4, 2000 will be $150 per trip, unless a development
agreement provides otherwise.
GAIL HUTTON,
City Attorney
/k
Attachment: as above
c: Ray Silver, City Admnistrator
•
•
sff:00memos:6-19 agenda:6/19/00
jpr--
SECTION 2. Expiration Date of Ordinance No. 3048. The City Council hereby
determines and declares that the expiration date of Ordinance 3048 is October 5, 2000.
Therefore, all new developments applying for certificates of occupancies up to and through
October 5, 2000 shall, pursuant to HBMC § 17.65.020(B), pay a fee of$75.00 per vehicle trip
generated, unless provided otherwise pursuant to a development agreement.
SECTON 3. Interim Authorization of an Extension to the Traffic Impact Fee Program.
A. The City Council hereby finds and determines that development seeking
certificates of occupancy after October 5, 2000, will impact traffic facilities within the City.
These impacts must be mitigated by payment of an Interim Traffic Impact Fee for traffic facility
construction.
B. The City Council will establish the amount of the Final Traffic Impact Fee
at some time in the future. The Fee will be based upon the vehicle trips generated by each
development, or similar measure(s). The Final Traffic Impact Fee also shall establish the
specific improvements to be constructed, their cost, and the reasonable relationship between the
fee to be imposed and the incremental increase in traffic caused by the development. Pending
completion of the JR Consulting Report and consideration of the Report at a public hearing, the
City Council sets the Interim Traffic Impact Fee in the amount of$150.00 per vehicular trip
generated by new development, unless provided otherwise pursuant to a development agreement.
C. If the Final Traffic Impact Fee is established in an amount less that the
Interim Traffic Impact Fee, the developer will be reimbursed for any difference between the
Interim and Final Traffic Impact Fee. If the Interim Traffic Impact Fee is less than Final Traffic
Impact Fee, the developer's liability for the Fee shall not exceed the amount of the Interim Fee.
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G