HomeMy WebLinkAboutTraffic Impact Fee Ordinance - Fair Share Traffic Impact Fee CITY OF HUNTINGTON BEACH
MEETING DATE: August 18, 2003 DEPARTMENT ID NUMBER:PW-03-055
, _
Council/Agency Meeting Held: O r\ O' D2
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied nn y�
YDI-1 ity er s Signature
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Council Meeting Date: August 18, 2003 Department ID Number: P -03-055
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORa/ZP
PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK1'
SUBJECT: ADOPT TRAFFIC IMPACT FEE ORDINANCE cT 4 i\)o • k 1
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Huntington Beach Municipal Code Section 17.65.130 relating to Fair
Share Traffic Impact Fee annual program review requires modification to ensure consistency
with current state law and accounting procedures regarding annual reporting requirements.
Funding Source: No funding required for this action.
Recommended Action: /4�p�-dve )/ rh�rsaG � _ //O3
1. Adopt Ordinance No. 3 O' amending Chapter 17.65 of the Huntington Beach
Municipal Code relating to the Annual Program Review for the Fair Share Traffic Impact
Fee program.
Alternative Action(s):
1. Do not adopt the ordinance. This action will cause Chapter 17.65 of the Municipal Code
to be in conflict with current state law and accounting procedures.
Analysis: The City Attorney's office identified a minor inconsistency with state law and
accounting procedures in the Fair Share Traffic Impact Fee Ordinance while reviewing similar
requirements for other programs. The proposed ordinance modification essentially changes
the portion of Section 17.65.130 Annual Program Review and Periodic Adjustment of the Fee
in the ordinance:
Existing — "Prior to October 1 of each year, during the budget review process, the City
Council shall review the status of compliance with this Chapter, . . ."
G:\R C A\2003\03-055 August 18 Stachelski (Traffic Impact Fee Ordinance Mod).doc ' 1
7/30/2003 12:14 PM
REQUEST FOR ACTION
MEETING DATE: August 18, 2003 DEPARTMENT ID NUMBER:PW-03-055
Proposed Amendment — "Within 180 days after the last day of each fiscal year, the City
Council shall review the status of compliance with this Chapter, . . ."
The change is not expected to generate any additional requirements for staff time beyond
those already anticipated for the administration of the traffic impact fee program.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No. '7 .0 n
2 Le•islative Draft
RCA Author: R. Stachelski:jm
G:\R C A\2003\03-055 August 18 Stachelski (Traffic Impact Fee Ordinance Mod).doc ,.3 a
7/30/2003 12:14 PM
ATTACHMENT # 1
1 ,
ORDINANCE NO. 3617
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.65 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO TRAFFIC IMPACT.FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.65.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
Within 180 days after the last day of each fiscal year,the City Council shall review the status of
compliance with this Chapter, including the amount of fees collected, expenditures from the Reserve
Account,and the degree to which the fees collected pursuant to this Chapter are assisting the City to
Mitigate the surface transportation impacts of new development. At least every five (5)years after
the effective date of the Ordinance enacting this Chapter,the Public Works Director shall prepare,
and the City Council shall consider,the fee formula established to implement this Chapter,whether
any adjustment in the fee formula or use of fee proceeds is warranted, or any other changes are
needed to the procedures established by this Chapter,to fulfill the goals, objectives or policies of the
City's General Plan. Each year between periodic reviews of the fee formula,the fee shall be
increased by a factor to account for inflation in surface transportation construction costs, as provided
in the City Council resolution setting the fee amount
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 September , 2003.
/4971-414&' ?Waheliff4vit/
Mayor
ATTEST: APPROVED AS TO.FORM:
City Clerk ty Attorney
ITIA D A APP ED:
REVIEWED AND APPROVED:
Director of Public Works
City ATministrator
03ord/chap 17-65/6/16/03
Ord. No. 3617
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 18th day of August 2003, and was again read to
said City Council at a regular meeting thereof held on the 2nd day of September,2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper,Boardman, Cook,Houchen,Hardy
NOES: None
ABSENT: Green
ABSTAIN: 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 Huntington Beach
Fountain Valley Independent on
,2003.
41066- Ogeelit,
In accordance with the City Charter of said City
Connie Brockway, City Clerk CityClerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
ORDINANCE NO. 3(.o V 1
LEGISLATIVE DRAFT
Chapter 17.65
FAIR SHARE TRAFFIC IMPACT FEE
(3048-9/90,3477-11/00)
Sections:
17.65.010 Short Title
17.65.020 Intent and Purposes
17.65.030 Definitions
17.65.040 Applicability of Chapter
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
17.65.060 Exemption
17.65.070 Calculation and Payment of the Traffic Impact Fee
17.65.080 Fee Adjustments
17.65.090 Fee Refunds
17.65.100 Fee Credits for Construction of Citywide Surface Transportation.
Improvements
17.65.110 Establishment of Reserve Account for Fees
17.65.120 Eligible Expenditures From Fee Reserve Account
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
17.65.140 Preparation of.Implementation Guidelines
17.65.010 Short Title
This Chapter of the Municipal Code may be cited as the "Fair Share Traffic Impact Fee
Ordinance."
17.65.020 Intent and Purposes
This,Chapter is intended to implement the goals, objectives and policies of the City of
Huntington Beach General Plan, by ensuring that the City's adopted Level of Service standards
for arterial roadways and signalized intersections 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 surface transportation system,together with funding
available from other City revenue sources,the City will be able to construct the required capital
improvements, accommodate projected growth and fulfill the goals, objectives and policies of
the City's General Plan.
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 Charter provisions which may authorize the imposition of
conditions on development.
Iegisdrft/mc1765LD/5/1/03 1
17.65.030 Definitions
For the purpose of this Chapter,the following terms shall be defined as follows:
(a) "Applicant" shall mean any person or legal entity that applies for a permit or other
entitlement for a new development project.
(b) "City" shall mean the City of Huntington Beach.
(c) "Commercial or Industrial Development Project" shall mean the construction of new
Floor Area on a lot in any of the Non-Residential Zoning Districts of the City.
(d) "Development Project"means any residential, commercial or industrial Development
Project.
(e) "Fair Share Traffic Impact Mitigation Fee" or"Fee" shall mean the fee imposed on new
development projects pursuant to this Chapter.
(f) "Floor Area" shall mean the area of all floors and levels as defined in the Huntington
Beach Building Code.
(g) "Government.or Public Facilities" shall mean publicly owned buildings and structures
used for the purposes of conducting City, County, State or Federal Government business.
Such facilities shall include,but not be limited to, city halls, police and fire stations,
offices, equipment yards, sanitation facilities, schools,recreation centers, and similar
facilities. Private commercial Development Projects leasing publicly owned land shall not
be considered Government or Public Facilities.
(h) "Land Use Category" shall mean any of the specific land uses that have been listed in the
fair share implementation resolution authorized pursuant to Section 17.65.050, and used to . ..
provide the basis for future traffic projections.
(i) "New Development Project" shall mean any construction, addition, alteration or other
change of use of a building or land that requires the City to issue a grading, building,
plumbing, mechanical, or electrical permit, or any other form of entitlement.
(j) "Public Works Director" shall mean the Director of Public Works or the Director's
designee.
(k) "Residential Development Project" shall mean the construction of a dwelling unit on a lot
in any of the residential zoning districts of the City. For purposes of this Chapter,the
addition of Floor Area shall be considered construction of a Residential Development
Project if the additional Floor Area exceeds fifty(50)percent of the existing Floor Area,
as determined by the Building and Safety Director.
(1) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or
legisdrft/mc1765LD/5/1/03 2
traffic improvements that must be constructed on the site of a new development project in
order to comply with applicable City development regulations and standards.
(m) "Surface Transportation System" shall mean the City's system of streets,roads and
intersections traversed by automobiles and other vehicles.
(n) "Fee Calculation Report" shall mean the report entitled"City of Huntington Beach Fair
Share Traffic Mitigation Impact Fee Calculation Method and Justification"prepared by
Hamilton, Rabinovitz&Alschuler, dated September 19, 2000.
(o) "Transportation System Needs.Analysis" shall mean the report prepared for the City
entitled City of Huntington Beach Transportation System Needs Analysis 2000-2010,
prepared by JR Consulting Engineers, dated September 12, 2000.
(p) "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land,
as specified in the Santa Ana River Area("SARA")traffic model, and at the discretion of
the Public Works Director when the SARA traffic model does not provide vehicle trips,
the most recent edition of Institute of Transportation Engineers, Trip Generation.
17.65.040 Applicability of Chapter
(a) New Development Projects Deemed Complete After December 1, 2000. The obligations
established by this Chapter shall apply to all new development projects for which a
development application was deemed complete on or after December 1, 2000. No
building permit or any other entitlement for use shall be issued for a new development
project unless such project complies with the requirements of this Chapter.
(b) New Development Projects Deemed Complete Prior to December 1, 2000. New
development projects for which the last discretionary development application was
deemed complete, or for which a building permit was issued,prior to December 1, 2000
shall be subject to the provisions of Municipal Code Chapter 17.65 or the Interim Traffic
Impact Fee Ordinance as either existed on the date the application was deemed approved,
or the building permit was issued, as applicable.
17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee
A Fair Share Traffic Impact Mitigation Fee is hereby established. Any person who, after the
effective date of this Chapter, seeks to develop land, or modify the use of land within the City,
by applying for a building permit or other entitlement for use, or an extension of a building
permit or other entitlement for use previously granted, for a development project that will
generate net additional vehicle trips on City streets, is hereby required to pay a Fair Share Traffic
Impact Mitigation Fee in the manner and amount specified herein.
The City Council shall,by resolution, set the specific amount of the fee, a formula for adjusting
the fee to account for annual inflation in transportation improvement construction costs, describe
the benefit and impact area on which the development impact fee is imposed, list the specific
legisdrft/mc1765LD/5/1/03 3
public improvements to be constructed, describe the estimated cost of these facilities, and
describe the reasonable relationship that exists between the fee,the various types of new
development permitted in the City and the cost of improvements necessitated by new
development. The specific amount of the fee shall be based upon the category for the
development, multiplied by the vehicle trip for Land Use Category multiplied by the size of the
use.
This fee shall be adjusted on December 1,2001, and annually thereafter by an amount equal to
the change in the construction cost index for the preceding year, as determined by the
Engineering News Record,published by the McGraw Hill.
17.65.060 Exemptions
(a) Exemption Categories. The following development projects shall be exempt from the
requirements of this Chapter:
(1) Government and public facilities.
(2) Alteration or expansion of an existing building in which no additional dwelling
units are created,the use is not changed, and where no additional vehicle trips will
be produced over and above those produced by the existing building.
(3) The construction of accessory buildings, structures or uses which will not produce
additional vehicular trips over and above those produced by the principal building
or use of the land.
(4) 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
vehicle trips will be produced over and above those produced by the original use of
the land.
(b) Claim for Exemption Required. 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 Section 17.65080(c).
17.65.070 Calculation and Payment of the Traffic Impact Fee
(a) Fee Calculation. The Public Works Director shall be responsible for calculating the Fair
Share Traffic Impact Mitigation Fee required by this Chapter, in accordance with the Fair
Share Traffic Impact Mitigation Fee Schedule adopted by resolution of the City Council.
The applicable amount of the fee shall be estimated at least 60 days prior to the first public
hearing for any discretionary planning approvals required by City Zoning and Subdivision
Ordinance. The estimated fee shall identify the use category,the vehicle trips for the use
and the total estimated for fee based upon the proposed size of the developments. The fee
estimated shall be recalculated as needed at the time a building permit is issued, based on
the vehicle trip generation characteristics of the final development plan for which the
legisdrft/mc1765LD/5/1/03 4
•
building permit is issued.
(b) Payment Procedure for Commercial or Industrial Development Projects. Fees required by
this Chapter from a New Commercial or Industrial Development Project shall be paid at
the time that the City issues a building permit for the Project.
(c) Payment Procedure for Residential Development Projects. The fee required by this
Chapter from a New Residential Development Project shall be paid before final inspection
of the dwelling unit on which the fee was imposed. However,the Planning Director may
adopt procedures to advance the time the fee is due on Residential Development Projects
consistent with Government Code Section 66007, as amended.
(d) 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 vehicle trip 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 the vehicle trips for that phase represent of the total
development project's vehicle trips. The fee per vehicle trip shall be the fee in effect at
the time payment is due.
(e) Deposit of Fees. All Traffic.Impact Fees collected shall be transferred for deposit into a
separate reserve account, as specified in this Chapter, and used solely for the purposes
specified in this Chapter.
17.65.080 Fee Adjustments
(a) An applicant for a New Development Project subject to a fee required by this Chapter may
apply to the City for a reduction, adjustment or waiver of the fee.
(b) Circumstances That May Justify a Fee Adjustment. Examples of circumstances that may
justify a fee adjustment include, but are not necessarily limited to the following:
(1) The Development Project includes an existing building that is proposed to be
demolished,provided the building proposed to be demolished was capable of being
used at the time of the Development Project application, and sufficient information
about its prior use is available to determine its trip generation characteristics. Any
such adjustment is limited to the amount of the fee that would otherwise be due for
the New Development Project.
(2) The physical or operating characteristics (e.g., hours of operation) of the New
Development Project produce trip generation characteristics that are substantially
different from the land use on which the fee calculation is based.
(3) The New Development Project includes multiple land uses whose trip generation
characteristics are complementary, such that the Development Project's total trip
Iegisdr8/mc1765LD/5/1/03 5
generation is anticipated to be less than the sum of the vehicle trips associated with
its individual land uses.
(c) An application for a fee adjustment shall be made and decided as follows:
(1) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be made on a form provided by the
Public Works Director and shall be filed with the Public Works Director not later
than:
(A) thirty(30) days prior to the first public hearing on an applicable discretionary
permit application for the Development Project, pursuant to the City Zoning
and Subdivision Ordinance; or
(B) if no such discretionary permit is required, at the time of application for a
building permit for the Development Project. Each application shall state in
detail the factual basis for the requested fee reduction, adjustment or waiver.
The Public Works Director shall determine if the application is complete, and
if not,may cause the public hearing to be continued until the application is
determined to be complete.
(2) Hearing. The Planning Commission or the Zoning Administrator shall consider the
fee adjustment application at the same public hearing as the application for a
discretionary development permit for the Development Project, or, if no such permit
is required,the Public Works Commission shall consider the application at a
separate hearing within(sixty) 60 days after the fee adjustment application is
deemed complete by the Public Works Director.
(3) Appeal. Any person may appeal the decision of the Planning Commission, Zoning
Administrator or Public Works Commission to the City Council, by filing a written
appeal with the City Clerk within ten(10) days of the Planning Commission's
decision.
17.65.090 Fee Refunds
Upon application, fees collected by the City pursuant to this Chapter shall be refunded only
under the following circumstances:
(a) Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the
satisfaction of the Public Works Director that they were erroneously or illegally collected,
or if the City is compelled to do so pursuant to a final judgment by a court of competent
jurisdiction. An application for a refund pursuant to this Section shall be filed within
ninety(90) days after the payment of the fees pursuant to Section 17.65.070.
(b) City Failure to Commit Funds. Pursuant to Government Code Section 66001(e), fees will
be refunded if the City fails to commit them to a surface transportation improvement
legisdrft/mc1765LD/5/1/03 6
•
project of the nature or type identified in the Transportation System Needs Analysis
within five years from the date that the fees were collected from the applicant. For
purposes of this subsection, fees are deemed to have been"committed" if they have been
budgeted or otherwise encumbered by the City for an eligible improvement, studies,
design drawings or any necessary applications for approval by other governmental
agencies have been initiated, construction bidding has been initiated, or improvements are
under construction. Eligible refunds, plus interest at the City's average annual cost of
funds, will be made only upon an application filed within 180 days of the expiration of the
fifth anniversary of the fee payment.
17.65.100 Fee Credits for Construction of Citywide Surface Transportation Improvements
(a) An applicant for a New Development project shall be entitled to a credit against the
amount of the Fair Share Traffic Impact Mitigation Fee otherwise required by this
Chapter, if the applicant agrees to dedicate right-of-way needed for, or construct a traffic
improvement listed in,the Transportation System Needs Analysis. No credit shall be
given for site-related improvements or site-related right-of-way dedications.
(b) Application. A separate application shall be filed for each adjustment request made
pursuant to this Section. Such application shall be filed with the Public Works Director
on a form provided by the Director, not later than:
(1) Thirty(30) days prior to the first public hearing on an applicable discretionary
permit application for the development project, pursuant to the City Zoning and
Subdivision Ordinance; or
(2) If no such discretionary permit is required, at the time of application for a building
permit for the development project. Each application shall provide the
documentation and assurances specified below.
Any credit application shall be considered pursuant to Section 17.65.070 in the same
manner as the fee calculation adjustment.
(c) Credit for the Dedication of Non-Site-Related Right-of-Way. Credit for the dedication of
non-site-related right-of-way for streets or street segments listed in the Transportation
System Needs Analysis shall be valued at 115 percent of the most recent assessed value as
determined by the Orange County Assessor, or at the fair market value established by a
private appraiser acceptable to the City. In no event shall the credit exceed the right-of-
way costs for the street segment specified in the Transportation System Needs Analysis,
or other applicable basis for the fee, nor shall the credit exceed the amount of the Fair
Share Traffic Impact Mitigation Fee that would otherwise apply. Credit for the dedication
shall be provided when the property has been conveyed at no cost to, and accepted by,the
City in a manner specified by the City.
(d) Credit for Construction of Non-Site-Related Improvements. Applications for credit for
construction of non-site-related improvements shall submit acceptable engineering
legisdrft/mc1765LD/5/1/03 7
drawings, specifications and construction cost estimates to the Public Works Director.
The Director shall recommend to the Planning Commission the amount of the credit for
improvement construction based on either these cost estimates or alternative estimates if
the Director determines reasonably that the estimates submitted by the applicant are either
unreliable or inaccurate. In no event shall the amount of the credit exceed the
improvement cost specified in the Transportation System Needs Analysis, or other
applicable basis for the fee, nor shall the credit exceed the amount of the Fair Share
Traffic Impact Mitigation Fee 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.
17.65.110 Establishment of Reserve Account for Fees
Pursuant to Government Code Section 66006, fees paid to the City pursuant to this Chapter shall
be deposited into a separate Reserve Account in the City's General Fund and used solely for the
purposes of providing surface transportation improvements. All monies deposited into the
Reserve Account established by this,Chapter shall beheld separate and apart from other City
funds. All interest or other earnings on the unexpended balance in the Reserve Account shall be
credited to the Reserve Account.
17.65.120 Eligible Expenditures From Fee Reserve Account
All monies and interest earnings in the Reserve Account established by this Chapter shall be
expended on the construction of surface transportation projects of the nature or type identified in
the Transportation System Needs Analysis, or such other report as may be prepared from time to
time to document the reasonable fair share of the costs to mitigate the traffic impacts of new
development. Such expenditures may include,but are not necessarily limited to the following:
(a) Reimbursement for all direct and indirect costs incurred by the City to construct surface
transportation improvements pursuant to this Chapter, including the cost of land and right-
of-way acquisition,planning, legal advice, engineering, design, construction and
equipment.
(b) Reimburse the City for the construction of surface transportation projects of the nature or
type identified in the Transportation System Needs Analysis, or such other report as may
be prepared from time to time to document the reasonable fair share of the costs to mitigate
the traffic impacts of new development constructed by the City with local funds from other
sources.
(c) Costs of issuance or debt service associated with bonds, notes or other security instruments
issued to fund surface transportation improvements identified in the Transportation System
legisdrf/mc1765LD/5/1/03 8
Needs Analysis.
(d) Reimbursement for administrative costs incurred by the City in establishing or maintaining
the Reserve Account required by this Chapter, including the cost of studies to establish the
requisite nexus between the fee amount and the use of fee proceeds. City administrative
costs shall not exceed ten(10)percent of the Reserve Account balance in any fiscal year.
(e) No Reserve Account funds shall be used to pay for capital improvements that are
associated with existing arterial street segment or signalized intersection Level of Service
deficiencies, nor shall Reserve Account funds be used for periodic surface transportation
system maintenance.
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
Prior to October 1 of each year, during the budget review process, Within 180 days after
the last day of each fiscal year, the City Council shall review the status of compliance
with this Chapter, including the amount of fees collected, expenditures from the Reserve
Account, and the degree to which the fees collected pursuant to this Chapter are assisting the
City to mitigate the surface transportation impacts of new development. At least every five (5)
years after the effective date of the Ordinance enacting this Chapter, the Public Works Director
shall prepare, and the City Council shall consider,the fee formula established to implement this
Chapter, whether any adjustment in the fee formula or use of fee proceeds is warranted, or any
other changes are needed to the procedures established by this Chapter, to fulfill the goals,
objectives or policies of the City's General Plan. Each year between periodic reviews of the fee
formula,the fee shall be increased by a factor to account for inflation in surface transportation
construction costs, as provided in the City Council resolution setting the fee amount.
17.65.140 Preparation of Implementation Guidelines
Within sixty(60) days after the effective date of the Ordinance enacting this Chapter,the
Director of Public Works shall prepare administrative guidelines to implement the provisions of
this Chapter. The guidelines shall include administrative procedures, example fee calculations,
application forms and such other information that will assist City staff, decision makers,
developers ands the public to understand how the provisions of this Chapter are to be
implemented."
Iegisdrft/mc1765LD/5/1/03 9
Os �,
-?
RSA OUTIN SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Traffic Impact Fee Ordinance Amendment
COUNCIL MEETING DATE: August 18, 2003
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
Information from Public Works Commission report presented in RCA.
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( ek- )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: R. Stachelski
H. _ •JDEPENDENT
PUBLISH DATE: 9/18/03
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3617
Adopted by the City Council on September 2,2003
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE CHAPTER 17.65 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO TRAFFIC IMPACT FEES
FULL TEXT:
The City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.65.130 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
17.65.130 Annual Program Review and Periodic Adjustment of the Fee
Within 180 days after the last day of each fiscal year, the City Council shall review the status of
compliance with this Chapter, including the amount of fees collected, expenditures from the Reserve
Account, and the degree to which the fees collected pursuant to this Chapter are assisting the City to
mitigate the surface transportation impacts of new development. At least every(5)years after the
effective date of the Ordinance enacting this Chapter,the Public Works Director shall prepare, and the
City Council shall consider, the fee formula established to implement this Chapter,whether any
adjustment in the fee formula or use of fee proceeds is warranted, or any changes are needed to the
procedures established by this Chapter, to fulfill the goals, objectives or policies of the City's General Plan.
Each year between periodic reviews of the fee formula, the fee shall be increased by a factor to account
for inflation in surface transportation construction costs,as provided in the City Council resolution setting
the fee amount.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on
September 2, 2003 by the following roll call vote:
AYES: Sullivan, Coerper, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: Green.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
CONNIE BROCKWAY, CITY CLERK
g:/synopsis/draftsyn