HomeMy WebLinkAboutResolution 2010-80 New fee for Beach and Edinger Corridors S Council/Agency Meeting Held: a
Deferred/Continued to:
Approved ❑ Conditional y pprove ❑ enied Cit CI r 's Sign t re
Council Meeting Date: October 18, 2010 Department ID Number: PL 10-025
CITY OF HUNTINGTON BEACH
BEQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Administrator
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Adopt Resolution No. 2010-80 creating a new fee for the Beach and
Edinger Corridors Specific Plan, Mobile Vendor Permits and Newsrack
Removal (Supplemental Development Fee Resolution No. 5)
Statement of Issue: Transmitted for City Council consideration is an amendment to the
City Fee Schedule for establishing three Planning and Building Department fees. The
amendment proposes creation of a Beach and Edinger Corridors Specific Plan
reimbursement fee, a Mobile Vendor Permit fee and a Newsrack Removal fee.
Financial Impact: The Beach and Edinger Corridors Specific Plan fee is intended to
reimburse the City for approximately $1,700,000 in costs to prepare and implement the
Specific Plan. These revenues are anticipated to be accrued over the next 20 years. Staff
estimates that the Mobile Vendor Permit Fee and Newsrack Removal fee will result in less
than $10,000 in revenue combined.
Recommended Action: Motion to:
Adopt Resolution No. 2010-80, "A Resolution of the City Council of the City of Huntington
Beach Amending Resolution No. 2009-32 and Establishing New Development Fees For
Various Services Provided by the Planning and Building Department (Supplemental
Development Fee Resolution No. 5).
Alternative Action(s):
Do not adopt the resolution. This action will result in retaining the existing fee schedule.
-135- Item 12. ® Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL 10-25
Analysis:
The proposed fee schedule adds three new fees; there are no changes to any other fees.
Beach and Edinger Corridors Specific Plan reimbursement program is intended to defray the
City's costs to prepare, adopt, and implement the Specific Plan. Costs incurred include, but
are not limited to, costs for document preparation,-environmental review, engineering, traffic,
planning, economic analysis and legal services. The process involved three and a half years
of consultant and staff effort.
This proposed fee would only apply to net new building development projects in the Beach
and Edinger Corridors Specific Plan area and would be paid at the time building permits are
issued. The proposed fee was determined by allocating costs among the Maximum
Allowable Net New Development (MAND) as identified in the Specific Plan area. The MAND
for the BECSP is: 4,500 residential dwelling units, 738,400 retail square feet, 112,000 office
square feet and 350 hotel rooms. The proposed fee is:
® $ 300.00 per new dwelling unit or hotel room.
® $ .30 per square foot for net new retail and office projects.
® $ .08 per square foot for retail and office remodels and fagade improvements.
Mobile Vendor Permit applies to mobile vendor operators who are required to obtain an
annual permit to operate in the city pursuant to Huntington Beach Municipal Code 5.50.040.
However, this permit has not been implemented, and subsequently, no fee has been
adopted. An annual fee of $165 is proposed to recover staff costs for implementing this code
requirement. It is anticipated that there will be approximately 15 annual permits.
Newsrack Removal Fee would apply to vendors who do not remove their newsrack after
being properly noticed. Last year, the City Council adopted Ordinance No. 3837 amending
Chapter 12.37 of the Huntington Beach Municipal Code (HBMC) relating to newsracks.
Vendors of newsracks not conforming to City approved standards are notified by City staff to
remove the newsrack within a specified time period. If not removed by the deadline date,
City staff (Public Works and Code Enforcement) removes the newsrack and the vendor is
able to retrieve the newrack from the city yard. Since the adoption of the ordinance, 49
newsracks have been removed by the City from Beach Blvd. alone and stored at the city
yard. Experience has shown that these vendors do not remove the newsracks on their own
accord nor do they contact the city to retrieve them. Because there is Staff time involved in
removing the newsracks, a fee of $180 is proposed which would cover the costs for removal
and storage. Newsracks that are not retrieved would be discarded.
Environmental Status:
Projects over which public agencies exercise ministerial authority are categorically exempt
from the California Environmental Quality Act pursuant to Section 15300.1.
Strategic Plan Goal: Maintain financial viability and our reserves
Item 12. o Page 2 -136-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PL 10-25
Attachment(s):
Description
1. Resolution No. 2010-80 "A Resolution of the City Council of the City of Huntington Beach
Amending Resolution No. 2009-32, and Establishing New Development Fees for Various
Services Provided by the Planning and Building Department."
-137- Item 12. - Page 3
ATTACHMENT # 1
Item 12. - Page 4 -138-
RESOLUTION NO. 2010-80
A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING RESOLUTION NO. 2009-32, AND
ESTABLISHING NEW DEVELOPMENT FEES FOR VARIOUS SERVICES
PROVIDED BY THE PLANNING AND BUILDING DEPARTMENT
(SUPPLEMENTAL DEVELOPMENT FEE RESOLUTION NO. 5
WHEREAS, on June 15, 2009, the City Council adopted Resolution No. 2009-32
establishing a development fee schedule for the City;and
In March 2010, the City Council adopted Specific Plan 14, for the Beach-Edinger Corridor
expansion project; and
Pursuant to Government Code §65456(a), the City Council may impose fees for permits
and/or approvals which are required to be consistent with the Specific Plan; and
Staff has analyzed the City's costs for preparing and adopting the Beach and Edinger
Corridors Specific Plan including costs for environmental review, engineering, traffic, planning
economic analysis and legal services, and have concluded that the proposed fees do not exceed the
costs to the City;and
Huntington Beach Municipal Code (HBMC) Section 5.50.040 requires mobile vendors to
obtain an operator's permit including a nonrefundable application fee as well as a yearly renewal fee.
In part, City staff is required to confirm the mobile vendor application and renewal is correct,
including zoning conformance, vehicle license checks etc.; and
Staff has analyzed the City's costs for processing mobile vendor permits renewals and
concluded that the proposed mobile vendor fee, as provided in the attached Exhibit A, does not
exceed the costs to the City for processing and administering mobile vendor applications and
permits; and
Pursuant to HBMC Section 12.37 newsracks are permitted in certain locations in the City.
Currently there is no fee to reimburse the City's cost when it is required to summarily remove a
newsrack when the owner does not ask for the newsrack to be returned. Staff has analyzed the
City's costs for removing newsracks and concluded that the proposed amount for the newsrack
removal as provided in the attached Exhibit A, does not exceed the cost to the City for providing
this service; and
The City Council desires to create fees charged to the public consistent with City Staffs
analysis, and has determined that the fees set forth in this resolution are fair and reasonable and are
necessary to offset the cost of programs and services being offered, and do not exceed the
reasonable cost of providing the service; and
The Staff analysis regarding fees is available for public review in the Planning & Building
Department.
1 --
09-1982.001/53602
Resolution No. 2010-80
Supplemental Development Fee Resolution No. 5
NOW,THEREFORE, the City Council of the City of Huntington Beach does hereby resolve
as follows:
1. Resolution No. 2009-32 is hereby amended to incorporate the new fees set forth in
Exhibit"A,"attached hereto and by this reference made a part hereof.
2. The fees set forth in Exhibit "A" and adopted by this Resolution shall be effective
sixty(60)days following the adoption of this Resolution, and continue thereafter.
3. The City's fee schedule shall be amended to reflect the additions of the three new
fees as described herein.
4. All provisions of Resolution No. 2009-32 not inconsistent with this action remain in
effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 18th day of October , 2010.
REVIE ND APPROVED: INITIATE AN A ROVED:
City istrator Director f Pla & Building
APPROVED AS TO FORM:
ACiiAttorne
2
09-1982.001/53602
Resolution No. 2010-80
Supplemental Development Fee Resolution No. 5
Planning and Building Department
Development Fees
Fee Description Current Fee Amount Recommended New Fee
Amount @ Policy Level
BECSP* -- new projects/commercial, office new fee $.30 per sq. ft.
BECSP* -- remodels/fagade improvements new fee $.08 per sq. ft.
BECSP* -- residential/hotel new fee $300 per dwelling unit or hotel room
Mobile Vendor Permit(annual) new fee $165.00
Newsrack Removal new fee $180.00
* Beach Edinger Corridor Specific Plan
Exhibit"A"
Res. No. 2010-80
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 an regular meeting thereof held on October,18, 2010 by
the following vote:
AYES: Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Carchio, Coerper, Hardy
ABSTAIN: None
Cif/Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California
9/30110
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, October 18, 2010, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a
public hearing on the following planning and zoning items:
❑ 1. Adoption of a Resolution Amending the Comprehensive Fee
Schedule for City User Fees, creating an initial fee for projects in the Beach
and Edinger Corridors Specific Plan, an annual Mobile Vendor Permit fee
and a Newsrack Removal fee.
ON FILE: A copy of the staff report will be available to interested parties at the City
Clerk's Office on Thursday, October 14, 2010. I
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined above. If
you challenge the City Council's action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City at, or prior to, the
public hearing. If there are any further questions please call the Planning
Department at 536-5271 and refer to the above items. Direct your written
communications to the City Clerk
i
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
http://www.huntingtonbeachca.gov/ t
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CLASSIFIED r" .l��! J Daily e
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Placed by: Patty Esparza
Fax#: (714)374-1557
Ad Copy:
NOTICE Of PUBUC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY Of HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, October 18, 2010, at 6:00
p.m. ur`"the City Council Chambers, 2000 Main Street, Huntington Beach,
the City Council will hold a public hearing on the following planning and
zoning items:
ID 1. Adoption of a Resolution Amending the Comprehensive Fee
Schedule`for City User Fees, creating on initial fee for projects in
the Beach and Edinger Corridors Specific Plan, an annual Mobile
Vendor Permit fee and a Newsrack Removal fee.
ON FILE: A copy of the staff report will be available to interested parties
at the City Clerk's Office on Thursday,October 14,2010
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. if you challenge the City Council's action in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Planning Department at 536.5271 and
refer to the above items. Direct your written communications to the City
Clerk
loan L.Flynn,City Clerk
City of Huntington Beach
2000 Main Street,2nd Floor
Huntington Beach,California 92648
(714)536-5227
Published Huntington Beach Independent October 7,2010 010-064
ad proof pg.1 ---
CLASSIFIED r) 1`)
Daily Pilot ADVERTISING Daily Pi
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lot
Printed by:9966 Sandrine iaann Ocf 4:2010,9a 9 am T
HR T Safesperson: ��B�I�
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Account Information :.:...: Adlnformation
Phone#: (714)536-5227 Startdate 10-07-10 Size 3 x 30.960
Name: CITY OF HUNTINGTON BEACH Stopdate 10-07-10 Biliedsize 3.50TCNInch
Address: P.O.BOX784 Insertions 1 Keyword
HUNTINGTON BEACH,CA 92648 Ratecode. &Legal Huntington Beach Adtype Liner
Takenby 9966 Sandrine Gann
Acct#: 277341004 Classification 13000-Legal Notices
Publications TCN HBI
Client:.Clerk's off ice-City Huntington
Beach
Placedby: Patty Esparza
Fax#: (714)374-1557
Ad Copy:
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
[the
OTICE IS HEREBY GIVEN that on Monday, October 18, 2010, at 6:00
.m. in7'the City Council Chambers, 2000 Main Street, Huntington Beach,
City Council will hold a public hearing on the following planning and
zoning items:
❑ 1. Adoption of a Resolution Amending the Comprehensive Fee
Schedule`for City User Fees, creating an initial fee for projects in
the Beach and Edinger Corridors Specific Plan, an annual Mobile
Vendor Permit fee and a Newsrack Removal fee.
ON FILE: A copy of the staff report will be available to interested parties
at the City Clerk's Office on Thursday,October 14.2010,
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. If you challenge. the City Council's action in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Planning Department at 536-5271 and
refer to the above items. Direct your written communications to the City
Clerk
Joan L.Flynn.City Clerk
City of Huntington Beach
2000 Main Street,2nd floor
Huntington Beach,California 92648
(714)536-5227
Published Huntington Beach Independent October 7,2010 010-064
--- ad proof pg.1 ---
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug. 24, 1994, case
A50479.
PROOF OF
PUBLICATION
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I am the Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party
to or interested in the below entitled matter.
I am a principal clerk of the HUNTINGTON
BEACH INDEPENDENT, a newspaper of
general circulation, printed and published in
the City of Huntington Beach, County of
Orange, State of California, and the - - - - - -- ---- --
attached Notice is a true and complete copy, NOTICE OF PUBLIC HEARING
as was printed and published on the BEFORE THE CITY COUNCIL OF THECITY OF HUNTINGTON BEACH.
NOTICE"IS HEREBY GIVEN that on Monday, October 18, 2010 .at 6:00 p.m.
following date(s): in the City Council Chambers, 2000 Main Street, Huntington Beach, the
City Council will hold a public hearing on the following planning and zoning
items:
❑ 1. Adoption of a Resolution Amending the Comprehensive Fee
Schedule for'City User Fees,creating an initial fee for prolects in the
Beach and Edinger Corridors Specific.Plan, an annual Mobile.Vendor
Permit fee and a Newsrack Removal fee.
ON FILE: A copy of the staff report will be'available to interested parties
at the City Clerk's Office on Thursday,October 14,2010. ,
ALL INTERESTED PERSONS are invited to attend said hearing,and express
October 7, 2010 opinions or submit evidence for or against the application as outlined
above. If you challenge the City"Council's action in court, you may,be
limited to raising only those issues you or someone,else raised at the
public hearing described in this notice, or in written correspondence
delivered to the.City at, or'prior to; the public hearing. If there are any
further questions please call the Planning Department at 536-5271•and
refer to the above items. Direct your,written communications to the City
declare, under enalt of per jury, that the Clerk .
p Y p , JoanL.•Flynn,City Clerk
foregoing is true and correct. City of Huntington Beach
2000 Main Street,2nd Floor
Huntington-Beach,California 92648
(714)536-5227
Published Huntin ton Beach Independent October 7,2010. 010-064
Executed on October 7, 2010
at Costa Mesa, California
Sigp4ture