HomeMy WebLinkAboutFY 2009-2010 230 Park Impact Fee Annual Report Council/Agency Meeting Held:_ a /
Deferred/Continued to:
AAppr ved ❑ Conditionally Approved ❑ Denied C Cler Sig ture
Council Meeting Date: May 2, 2011 Department ID Number: CS-11-009
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Paul Emery, Deputy City Manager/Interim Community Services
Director
SUBJECT: Receive and File 230 Park Impact Fee Annual Report for FY
2009/2010
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. State
law requires the preparation of an annual report.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Receive and file the 230 Park Impact Fee Annual Report for fiscal year 2009/2010.
Alternative Action(s):
Do not receive and file the report, and direct staff accordingly.
H -41- Item 3. - 1
RO-0-N-4. pa3ent of Pee. The Park Fee shall be charged upon issuance of any
Building Permit, A Park Fee imposed on new commercial or industrial development shall be paid
upon issuance of a Building Permit. A Park Fee imposed on new residential development shall be
paid prior to the fiW inspection.
- - ;.- _'.: 8E N•5: D--��-:�fees ccille�fed�xirsiiant to S�c�ion�,�Q.�O.:of-tie Eit��oii�ig.` -
�nd-Suibdiv lion Code:sba`libe used#o f t2 mce the�aik end r'e�ie, ioiiat f cili :arid iniprgv �iieri#s
identified in the"Park Development and Rehabilitation Capital Improvement Plan»as adopted by
the City Council.on an annual basis. t
S'OO.6. &Mtlons_. The following development shall be exempt from the payment
of fees pursuant to.this Section: 3
1. Development of real.property into housing u0s that are either rented,leased,sold,
conveyed or otherwise transferred,at a rental price or purchase price which noes not
exceed the"afford able housing cosh'as defined in Section 50057-5 of the California
Health and Safety Code when provided to a"lower income household!" as defined in
$eW_or 0G79.5--of the Califomia Health and Safety Code or"very low income
household"as defined in Section 50105 of the California Health and Safety Code,'
and provided that the applicant executes an agreement,in the form of a deed
restietion,second trust deed,or other legally binding and enforceable document
acceptable to the City Attorney and binding on the owner and any successor-ice j
= _ interest to the reel PtoF.cM -developed,guaranteein #lpat Al of*e u�ts
developed Sib the real p?upL�rtysha�i`be maintained'frnrlovver.ansl'uerylow iinccttune: : "
hoasehalds wlfether as units-fbs lent or for sale or trntisfer,for the les9er on period-' _
• of thirty years or the actual life or existence of the structure,including-any addition,.
renovation or remodeling thereto.
2. Reconstruction of any residential;•commercial,or industrial development project tht
is damaged or destroyed as a result of a natural disaster,as declared by the Governor.
Any reconstruction of red property,or portion thereof,which is not sWbstandAy
equivalent to the damaged or destroyed property,shall be deemed to be new
construction and.only that portion which exceeds substantially equivalent
construction to be assesed a fee.
S-CTION.I. Gaiiforpla Enyiroumgntal�?ual ty,,� 7Ehe City Council he )Y fin&that
. . .�e�+ciptlon o�this Resohutionis�xempCfi+ofn the Caflifoi�a�i+.vim�entell`�ualit3'.A�:t.�Ct��i'•�-' . '
under C#ioJl I5273{a){4)'of the'C`alifomia Code of Regulations,comna�rily lcnawn as lire Cl �,
Guidelines. The City Council fords that this exemption applies because there is no reasonable
possibility that the modification of the parklandin-lieu The could negatively d ect the physical
environment. To the contrary,the Fees will be collected to mitigate the environmental impacts of
new development on the City's park and recreational facilities. Any environmental,impacts
associated with specific projects that may be undertaken with Feeproceeds will be assessed as each
project is formulated. The City Council also hereby finds that the adoption of this ResoMon is
exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted
the City Council pursuant to Resolution No.4501,which provides that minor amendments to
zoning ordinances that do not change the development standards intensity or density are exempt as a
Class XX exemption.
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Item 3. - 10 H - -
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ecju Date. This Resolution shall take effect immediately.
S= ON 9, Resolution No.6226 is hereby repeated
: �ECTI4N 10-The-Parkfce:,Sfi!d and flp A.dde dum arehertti 2 . ovecl a�d'ado
PASSED AND ADOPTED by the City Council o_f the City of Huntington Beach at a regular
meeting thereof held on the 16th day of December >2002.
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HB - 1- - Item 3. - 11
OVERVIEW ATTACHMENT 2
230 Park Impact Fee
Annual Financial Summary Statement
for Fiscal Year 2009-10
Fund Balance 9/30/09 1,597,241
Revenue FY 2009-2010
Fees 169,181
Interest 24,650
Revenue Subtotal 193,831
Expenditures FY 2009-2010
Park Leases/Equipment Rental 3,319
Professional./Contracted Services* 97,899
Youth Sports Grant Expenditures 138,447
Staffing 78,049
Expenditure Subtotal 317,714
Fund Balance 9130110 $1,473,358
* Professional design and landscape architect services for Le Bard, Wardlow, Bartlett, Worthy Skate Park,
Central Park, and Harmony Cove Channel
Item 3. - 12 H -52-
ATTACFIMENT #2
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HB Item 3. - 13
' CITY OF HUNTINGTON BEACH
Inter Office Communication
B Community Services Department
TO: Honorable Mayor and City Council Members
VIA: Fred A. Wilson, City Administrator
FROM: Paul Emery, Deputy City Administrator/ Community Services Director l//�
d
DATE: March 25, 2011
SUBJECT: RELEASE OF 230 PARK FEE ANNUAL REPORT FOR FY 2009-2010
On November 18, 2002, the City Council approved the establishment of a Park Impact
Fee per Section 230.20 of the City's Zoning and Subdivision Ordinance. This fee is
imposed on the construction of new floor area for all commercial and industrial
development, and all residential development not covered by Quimby fees (Section 254
of the City's Zoning and Subdivision Ordinance).
According to reporting requirements of California Government Code 66006, the City
must prepare an annual report of these 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 2009-2010 is attached for your preliminary review. It
will be officially transmitted for approval at the April 18, 2011, 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
Attachment:
230 Park Impact Fee Annual Report— Fiscal Year 2009-2010
Item 3. - 14 H -54-
--
REQUEST FOR COUNCIL ACTION
MEETING DATE: 5/02/2011 DEPARTMENT ID NUMBER: CS 11-009
Analysis: On November 18, 2002, the City Council approved the establishment of a
Park Impact Fee per Section 230.20 of the City's Zoning and Subdivision Ordinance. This
fee is imposed on all residential development not covered by Quimby fees (Section 254 of
the City's Zoning and Subdivision Ordinance), and on the construction of new floor area for
all commercial and industrial development. The purpose of the fee is for the development
and rehabilitation of the City's park and recreational facilities. The fee is based on square
footage and is currently set at $.86 per square foot for new residential and $.23 per square
foot for new commercial and industrial development.
According to the reporting requirements of California Government Code 66006, the city must
prepare an annual report (Attachment 1) describing the fee, 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 25, 2011, (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, $169,181 in fees was collected during the 2009/2010
fiscal year, plus an additional $ 24,650 in interest. Expenditures totaled $317,714 for various
park improvements including park leases, contracted professional services, park
rehabilitation projects, youth sports grants, and staffing costs. The fund balance for the Park
Impact Fee, per Zoning and Subdivision Ordinance Section 230.20, is $1,473,358 as of
September 30, 2010.
Environmental Status: Not applicable.
Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment
Attachment(s):
. e
1- Park Impact Fee Annual Report— FY 2009/2010
2. Memo to City Council dated March 25, 2011
Item 3. - 2 H -4 _
ATTACHMENT # 1
ire. -43- Item 3. - 3
230 PARK IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2009-2010
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.
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 if the local agency determines that
sufficient funds have been collected to complete the financing on an
incomplete building improvement
• 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 18, 2011.
Fee Description:
As stated in Resolution 2002-129 (Attachment 1), the purpose of the fee is for the
development and rehabilitation of the City's parks and recreational facilities in
order to assure that the policies and standards for park, open space and
recreational facilities contained in the City's General Plan and described in the
City of Huntington Beach Park Strategy and Fee Nexus Study (Dec. 2001) and
1
Item 3. - 4 H -44-
addendum (Sept. 25, 2002) are met. According to ZSO 254.08 (c), this standard
is five acres for each 1,000 residents.
In addition, Resolution 2004-88, adopted November 15, 2004, further specifies
that Section 230.20 fees must be used for park and recreational facilities and
improvements included in the city's Capital Improvement Program and identified
in the Park Acquisition and Development budget as approved each year by the
City Council.
Fee Amount:
According to Zoning and Subdivision Ordinance (ZSO) 230.20, the fees are to be
paid and calculated according to a schedule adopted by City Council resolution.
Resolution 2002-129 sets the fee for new residential development at $.86 per
square foot and $.23 per square foot for new commercial and industrial
development. The fees are paid upon issuance of any building permit or prior to
final inspection on new residential development.
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.
Ill. FINANCIAL SUMMARY
Fiscal Year 2009-2010 Revenue
As shown in Attachment 2, the beginning fund balance as of September 30,
2009, was $1,597,241. During fiscal year 2009-2010, $169,181 in fees were
collected, plus $24,650 in interest, for a total revenue of$193,831.
Revenues collected in fiscal year 2009-10 increased from $149,172 in fiscal year
2008-2009 to $169,181 (an increase of approximately 13%).
Fiscal Year 2009-2010 Expenditures
As also shown in Attachment 2, $317,714 was expended for various park
improvement projects and staffing, including park leases, contracted/professional
services, and youth sports grants to community organizations. Fiscal year end
fund balance was $1,473,358.
2
HB -45- - Item 3. - 5
230 PARK IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2009-2010
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.
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.
v A brief description of the type of fee in the fund account
o The amount of the fee
6 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 if the local agency determines that
sufficient funds have been collected to complete the financing on an
incomplete building improvement
• A description of each interfund transfer loan made from the fund balance
e 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 18, 20110
Fee Description:
As stated in Resolution 2002-129 (Attachment 1), the purpose of the fee is for the
development and rehabilitation of the City's parks and recreational facilities in
order to assure that the policies and standards for park, open space and
recreational facilities contained in the City's General Plan and described in the
City of Huntington Beach Park Strategy and Fee Nexus Study (Dec. 2001) and
1
Item 3. - 6 HB -46-
addendum (Sept. 25, 2002) are met. According to ZSO 254.08 (c), this standard
is five acres for each 1,000 residents.
In addition, Resolution 2004-88, adopted November 15, 2004, further specifies
that Section 230.20 fees must be used for park and recreational facilities and
improvements included in the city's Capital Improvement Program and identified
in the Park Acquisition and Development budget as approved each year by the
City Council.
Fee Amount:
According to Zoning and Subdivision Ordinance (ZSO) 230.20, the fees are to be
paid and calculated according to a schedule adopted by City Council resolution.
Resolution 2002-129 sets the fee for new residential development at $.86 per
square foot and $.23 per square foot for new commercial and industrial
development. The fees are paid upon issuance of any building permit or prior to
final inspection on new residential development.
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.
111. FINANCIAL SUMMARY
Fiscal Year 2009-2010 Revenue
As shown in Attachment 2, the beginning fund balance as of September 30,
2009, was $1,597,241. During fiscal year 2009-2010, $169,181 in fees were
collected, plus $24,650 in interest, for a total revenue of$193,831.
Revenues collected in fiscal year 2009-10 increased from $149,172 in fiscal year
2008-2009 to $169,181 (an increase of approximately 13%).
Fiscal Year 2009-2010 Expenditures
As also shown in Attachment 2, $317,714 was expended for various park
improvement projects and staffing, including park leases, contracted/professional
services, and youth sports grants to community organizations. Fiscal year end
fund balance was $1,473,358.
2
HB -4 - Item 3. - 7
Attachment I
RESOLUTION NO. iOO2-1 (R.�peals Res 622 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH RELATING TO THE PAYMENT OF A PARK.
"FEE•PUUQANT:'I.D SECTION 2�0�0- DF.TFW UUi�iMGTON-.BEACH-ZON�INC4•AND.- _
16.
WHMAS,Section 230.20 of Chapter 230 of Title 23 of the City of Huntington Beach
Zoning and Subdivision Ordinance("City Zoning and Subdivision Code')requires all new
commercial and industrial development and all.new;eidw—t[;Lilevelopment not covered by Chapter
25�t of Title 25,of the City Zoning and Subdivision Code,except for mobile home parks,to pay it
pack in-lieu fee in acmdww vdth the requirements of Cher 254 and calculated according to a
..schedule adopted by City Council.resolution;and
The City Council has reviewed it report-dated December 2001 entitled"City of Runftion
Beach Park Stagy MM- Nwi rus Study"(hereinafter"Park Fee Study")and an addendum
thereto dated September 25,2002(hereinafter"Addendum"),which evaluated the impacts of
contmnplated future development onexisting park and recreational facilities within flee City of
Huntington Beech. The Park Fee Study.and Addendum include an analysis of the need for new
park and recreational facilities and improvements required by new development and sets forth the
xelationsbip.between new development,the uecded_facilities;and.##-estimated costs of those-...
: • . _- inngroveinents;and:- - •- . '• ,- - =- - - - - -- - - - -- •. _ __.' - . ._ _ .. '
The Park Fee Study and Addendum have been available for public inspection and review
prior to consideration of this resolution by the City Council after a public hearing.
TIRE CITY COUNCIL OF THE CTTY OF HUNTINGTON BEACH DOES HEREBY
FIND,RESOLVE AND DETERIv M ASYOLLOWS-
SEMO-N I Em&gg. After review of the ParkFee Study and Addendum,other staff
reports,and the testimony and information received on this matter,the City Council mAn the
following findings:
That-the Fucpose of the fee to;be*d.purquant to Sectors 230.20,of Chap# 230 of
rive 23*of ft City&M. axtd ubdivlaion Code("fee")is for the devftmii ft cI
rehabiliation of the City's parks and reeree ional f1iietiiti6;(in.ordet to'assccre'dW the
policies and standards for park,open space and recreational facilities contained in the
City's General Plan and described in the Park Fee Study are met.
2. That additional park and recreational facilities will be needed to serve.commercial,
industrial and residential development within the City subject to Section 230.20 of
the City's Zoning and Subdivision Ordinance I order to meet the policies and goals
contained in the City's Qeneral Plan. i
3. That the Fee unposed as a condition of dovelopment approval in connection with the
construction of new floor area for all commercial,industrial and residential
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Item 3. - 8 HB -48-
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• development projects subject to Section 230.20 of the City Zoning and Subdivision
Code,shall be used to develop and rehabilitate park and recreational facilities within
the City_fo assure the provdsi6 i of park land and recreational facilities needed to "
serve such development at established City service levels-standards within a
reasonable period of time:
..7�fiattheFc her6$y it qtg se l`r�is.rearoxiiblyrels ed . �'impactq of vv r de t'ta1, -
commercial and industrial development because,as determined by the Padk Fee
Study afzd the Addendum,future residents will benefit from appropriately planned,
and constructed park and recreational facilities. The Fee is reasonably related to the
impacts of development on the City's park land and r mxeational facilities because,
and demonstrated by the Fee Study and the Addendum,the type of development-
sabJect to the Fee generates increased use of pak and recreational fidlitim
throughout the City which necessitates development and rehabillation of the CW s
6 ds&g park and recreational fheilties and ac gp1sition of additional facfiiftes. The
Fee proceeds will be used to mitigate these impacts.
5. That-there is 0-reasanabld rtWonAip betvveerr the amount of the Fee and the portion
of the cost of needed park and recreational facilities and/or imwovements
attributable to new development in the City because thb amount of the Fee is based
upon the square footage of the-proposed development:
b.• The'fees c0ected pursuant to this Rmoludolashall bel ransfenvofor deposit.into a
separate iiud fi`o i aay fpa�ot•revwucs,of the7etbi and�i-S;tWfi &shall•16�__ -
:� •. ' accditnted for:Tate soeotti slia�t be an interesvt ng account snt' irll l ke "
received shall be credited to such account and used solely for purposes of that
account.The.City shall commit or expend.park fees deposited to the account within
five years from the date of deposit.
SF,CTIUN 2. l��fin'ztr'ons. For the purposes of this Chapter,the following terms shall be
defined as follows:
(a) `New development"shall mean the construction of new floor area for a residential,
commercial or industrial project;
- t b -"Commercial or industrial Development Pmlect"•shall mean-the construction of Ne .Floor
• ' ; :�.area'on: Jai iif any non i�ieattiat.ronlag�idstrict ofthe City;
(e) "Floor Area"shall mean the area of all floors and levels as defined in the Huntington Beach
Building Code;
(d) "Residential Development Project'shall mean the construction.of new Floor Area on a lot
in any residential zoning dishict of the City.
MMON 3. Le . For new residential development,the Park Fee shall be equal to$0.96
per square foot. For each new commercial development,the fee shall be$0.23 per square foot.
For each new industrial development,the fee shall be$0.23 per squaw W.
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HB -49- Item 3. - 9