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HomeMy WebLinkAbout2020-01-21 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Tuesday, January 21, 2020 Council Chambers 2000 Main Street Huntington Beach, CA 92648 No Study Session / Closed Session - 4:00 PM / Successor Agency Special Meeting and City Council/Public Financing Authority Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL LYN SEMETA, Mayor JILL HARDY, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA January 21, 2020City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 20-13421.Mayor Semeta to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Municipal Employees’ Association (MEA); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated. CLOSED SESSION 20-13522.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claims: a. Cormac O’Connell v. City of Huntington Beach; Workers’ Comp. Case Nos. COHB-11-0005; COHB-16-0309; and COHB-17-0266. b. Bernard Atkins v. City of Huntington Beach; Workers’ Comp. Case No. COHB-18-0040. c. Gary Kim v. City of Huntington Beach; Workers’ Comp. Case No. COHB-16-0098. d. Larry Pitcher v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0196. Page 1 of 9 2 AGENDA January 21, 2020City Council/Public Financing Authority e. Richard Spencer v. City of Huntington Beach; Workers’ Comp. Case No. COHB-19-0003. f. Estella Miranda v. City of Huntington Beach; Workers’ Comp. Case No. COHB-12-0242. 20-13333.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Municipal Employees’ Association (MEA); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated. 20-13304.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: HBPOA and Yasha Nikitin v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906. 20-13315.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Rosier (Maliek) v. City of Huntington Beach, et al.; USDC Case No.: SACV 18-2175 DOC (DFMx). 20-13326.Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4). 20-13437.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California (SB 54); OCSC Case No. 30-2018-00984280. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER A SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT Page 2 of 9 3 AGENDA January 21, 2020City Council/Public Financing Authority AGENCY OF THE CITY OF HUNTINGTON BEACH ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 19-12038.Pastor Nader Hanna of Faith Lutheran Church of Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-12459.Mayor Semeta to call on Victoria Alberty for the “Adoptable Pet of the Month” 20-134710.Mayor Semeta to present a commendation to Visit Huntington Beach President & CEO Kelly Miller and staff to recognize and celebrate the organization’s 30 years of destination brand marketing and promotion of Surf City USA as a global destination 20-132711.Mayor Semeta to kick off her “Making a Difference in Huntington Beach” Awards Program by giving her first award to the volunteers of the Secret Garden and the HB Tree Society 19-124412.Mayor Semeta to call on Dawn McCormick of Timeless Treasures Boutique who will present donation to the Waggin’ Trails Rescue Foundation from money raised from their boutique 19-122413.Mayor Semeta to call on players and coaches from the Marina High School Varsity Football Team to recognize them as CIF Champions ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Page 3 of 9 4 AGENDA January 21, 2020City Council/Public Financing Authority PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 20-135114.Update on the Ascon Landfill Project 20-135615.Update on Councilmember Brenden and Peterson’s September 16, 2019 request that staff return to Council with Ordinance(s) related to Sober Living Homes CONSENT CALENDAR 19-124816.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes and the special meetings of the Housing Authority, Parking Authority and Successor Agency dated December 16, 2019, as written and on file in the office of the City Clerk. Recommended Action: 20-132517.Annual Review of the City Code of Ethics Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Recommended Action: 20-134418.Receive and file the monthly status update on the 6th cycle Regional Housing Needs Assessment process Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Recommended Action: 19-129619.Approve appointments to the Huntington Beach Human Relations Task Force (HRTF) as recommended by City Council liaisons Mayor Pro Tem Jill Hardy and Councilmember Patrick Brenden A) Approve the reappointments of Natalie Moser and Vashia Rhone for terms to expire December 31, 2023, as recommended by City Council liaisons Jill Hardy and Patrick Recommended Action: Page 4 of 9 5 AGENDA January 21, 2020City Council/Public Financing Authority Brenden; and, B) Approve the appointments of Ashley Dos Santos, Antonio Benitez, and Hemesh Patel for terms to expire December 31, 2021, as recommended by City Council liaisons Jill Hardy and Patrick Brenden; and , C) Approve the appointments of Rhonda Bolton, Teresa Carlisle and Timothy Stuart for terms to expire December 31, 2023, as recommended by City Council liaisons Jill Hardy and Patrick Brenden . 19-129120.Authorize use of existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for City related projects Authorize the use the existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for any City related projects and activities including those in the approved CIP. Recommended Action: 20-132121.Adopt Resolution No. 2020-08 to accept and approve the Development Impact Fee Report for Fiscal Year 2018-19 and Make Government Code Section 66006 and 66001 Findings Adopt Resolution No. 2020-08, “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2019 and to Make the Findings as required by Government Code Section 66006(b) and 66001(d).” Recommended Action: 19-127722.Approve and authorize execution of two Landscape Maintenance Agreements with the State of California Department of Transportation (Caltrans) for Pacific City Retail and Pasea Hotel for Maintenance of Landscape Improvements within the State Highway Right of Way on Pacific Coast Highway (PCH) A) Approve and authorize the Mayor and City Clerk to execute and record the “Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pacific City Retail project (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute and record the “Landscape Recommended Action: Page 5 of 9 6 AGENDA January 21, 2020City Council/Public Financing Authority Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pasea Hotel project (Attachment 2). 20-132823.Approve and authorize execution of Amendment No. 1 to Agreement with Waymakers to authorize a one-year contract extension and additional compensation of $114,509 for management of the Victim and Witness Assistance Services Program; and, approve grant fund appropriation A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Community Service Programs, Inc. (Waymakers) for Victim and Witness Assistance Services;” and, B) Approve appropriation of $114,509 contingent upon grant funding provided by the California Office of Emergency Services, and increase professional services authority for the commensurate amount. Recommended Action: 19-128524.Approve and authorize execution of an Amendment to a Memorandum of Understanding with the Orange County Transportation Authority and the cities of Fountain Valley and Costa Mesa to extend the deadline for completion of street improvements associated with the potential removal of the Garfield/Gisler crossing of the Santa Ana River Approve and authorize the Mayor to execute “Amendment No. 1 to Memorandum of Understanding C-6-0834 Among Cities of Costa Mesa, Fountain Valley and Huntington Beach and Orange County Transportation Authority Regarding Agency Responsibilities for Implementing the Consensus Recommendation for the Garfield-Gisler Bridge Crossing over the Santa Ana River.” Recommended Action: 19-129025.Approve and authorize execution of a Memorandum of Understanding (MOU) Between the City of Huntington Beach and SC Cleaning Specialist for the Installation and Maintenance of Marina Trash Skimmer at 16011 Santa Barbara Lane Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding (MOU) between the City of Huntington Beach and SC Cleaning Specialist for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour,” (16011 Santa Barbara Lane). Recommended Action: Page 6 of 9 7 AGENDA January 21, 2020City Council/Public Financing Authority 20-134626.Approve the appointment of Scott Haberle to the position of Fire Chief, and authorize the City Manager to execute the employment agreement Approve and authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Scott Haberle” for the position of Fire Chief. Recommended Action: 19-124927.Adopt Resolution No. 2020-01 authorizing the Director of Public Works to submit application(s) and administer the Used Oil Payment Program (UOPP) for Eligible CalRecycle Grants; and, appropriate funds A) Adopt Resolution No. 2020-01 , "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works to Submit Application(s) and Administer the Used Oil Payment Program for Eligible CalRecycle Grants;” and, B) Appropriate $54,699 to used Used Oil OPP grant fund account 96066046.69505. Recommended Action: 20-129928.Adopt Resolution No. 2020-02 approving the submittal of an application to the Orange County Transportation Authority (OCTA) for funding under the Project V Community-Based Transit/Circulators Program Adopt Resolution 2020-02 “A Resolution of the City Council of the City of Huntington Beach approving the submittal of the Project V application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program.” Recommended Action: 20-130129.Adopt Successor Agency Resolution Nos. 2020-02 and 2020-01 approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for the period of July 1, 2020, through June 3, 2021, in accordance with Health and Safety Code Section 34177 and related actions A) Adopt Resolution No. 2020-01, “A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2020 , through June 30, 2021;” and , Recommended Action: Page 7 of 9 8 AGENDA January 21, 2020City Council/Public Financing Authority B) Adopt Resolution No. 2020-02, “A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2020 - June 30, 2021 (‘ROPS 20- 21’).” PUBLIC HEARING 19-117030.Public Hearing Continued Open from December 16, 2019 to consider Zoning Text Amendment No. 19-002 (Huntington Beach Zoning and Subdivision Ordinance Update) by approving for introduction Ordinance Nos. 4193, 4194, 4195, 4196, 4197, 4198 and 4199 A) Find Zoning Text Amendment No. 19-002 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act (Attachment No. 1); and B) Approve Zoning Text Amendment No. 19-002 with findings (Attachment No. 1) and approve for introduction: Ordinance No. 4193, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-002);” Ordinance No. 4194, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Titled Definitions (Zoning Text Amendment No. 19-002);” Ordinance No. 4195, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 19-002);” Ordinance No. 4196, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance Titled Off-Street Parking and Loading Provisions (Zoning Text Amendment No. 19-002);” Ordinance No. 4197, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (Zoning Text Amendment No. 19-002);” Ordinance No. 4198, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Recommended Action: Page 8 of 9 9 AGENDA January 21, 2020City Council/Public Financing Authority Ordinance Titled I Industrial Districts (Zoning Text Amendment No. 19-002);” and, Ordinance No. 4199, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance Titled C Commercial Districts (Zoning Text Amendment No. 19-002);” (Attachment Nos. 3 - 9). 19-120531.Appeal of Planning Commission Approval of Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 (3rd Street Commercial Building) The Planning Commission recommends the City Council take the following action(s): A) Find the Proposed Project Exempt From the California Environmental Quality Act Pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457; and , B) Approve Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 with findings and conditions of approval (Attachment No.1). Recommended Action: ORDINANCES FOR INTRODUCTION 19-128932.Approve for introduction Ordinance No. 4202, which amends Chapter 13.54 of the Huntington Beach Municipal Code regarding specific events to prohibit weapons at parades and protests Approve for introduction Ordinance No. 4202, “An Ordinance of the City of Huntington Beach Amending Chapter 13.54 Regarding Specific Events to Prohibit Weapons at Parades and Protests.” Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, February 3, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 9 of 9 10 City of Huntington Beach File #:20-1342 MEETING DATE:1/21/2020 Mayor Semeta to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Municipal Employees’ Association (MEA); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated. City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:20-1352 MEETING DATE:1/21/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claims: a. Cormac O’Connell v. City of Huntington Beach; Workers’ Comp. Case Nos. COHB -11-0005; COHB-16-0309; and COHB-17-0266. b. Bernard Atkins v. City of Huntington Beach; Workers’ Comp. Case No. COHB-18- 0040. c. Gary Kim v. City of Huntington Beach; Workers’ Comp. Case No. COHB-16-0098. d. Larry Pitcher v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15- 0196. e. Richard Spencer v. City of Huntington Beach; Workers’ Comp. Case No. COHB-19 -0003. f. Estella Miranda v. City of Huntington Beach; Workers’ Comp. Case No. COHB-12- 0242. City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1333 MEETING DATE:1/21/2020 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Municipal Employees’ Association (MEA); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated. City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:20-1330 MEETING DATE:1/21/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: HBPOA and Yasha Nikitin v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906. City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:20-1331 MEETING DATE:1/21/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Rosier (Maliek) v. City of Huntington Beach, et al.; USDC Case No.: SACV 18-2175 DOC (DFMx). City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:20-1332 MEETING DATE:1/21/2020 Pursuant to Government Code §54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, four (4). City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:20-1343 MEETING DATE:1/21/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. State of California (SB 54); OCSC Case No. 30-2018-00984280. City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-1203 MEETING DATE:1/21/2020 Pastor Nader Hanna of Faith Lutheran Church of Huntington Beach and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-1245 MEETING DATE:1/21/2020 Mayor Semeta to call on Victoria Alberty for the “Adoptable Pet of the Month” City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:20-1347 MEETING DATE:1/21/2020 Mayor Semeta to present a commendation to Visit Huntington Beach President & CEO Kelly Miller and staff to recognize and celebrate the organization’s 30 years of destination brand marketing and promotion of Surf City USA as a global destination City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:20-1327 MEETING DATE:1/21/2020 Mayor Semeta to kick off her “Making a Difference in Huntington Beach” Awards Program by giving her first award to the volunteers of the Secret Garden and the HB Tree Society City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:19-1244 MEETING DATE:1/21/2020 Mayor Semeta to call on Dawn McCormick of Timeless Treasures Boutique who will present donation to the Waggin’ Trails Rescue Foundation from money raised from their boutique City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:19-1224 MEETING DATE:1/21/2020 Mayor Semeta to call on players and coaches from the Marina High School Varsity Football Team to recognize them as CIF Champions City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™23 City of Huntington Beach File #:20-1351 MEETING DATE:1/21/2020 Update on the Ascon Landfill Project City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™24 City of Huntington Beach File #:20-1356 MEETING DATE:1/21/2020 Update on Councilmember Brenden and Peterson’s September 16, 2019 request that staff return to Council with Ordinance(s) related to Sober Living Homes City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™25 City of Huntington Beach File #:19-1248 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes and the special meetings of the Housing Authority, Parking Authority and Successor Agency dated December 16, 2019 require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes and the special meetings of the Housing Authority, Parking Authority and Successor Agency dated December 16, 2019, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. December 16, 2019 CC/PFA Regular Meeting Minutes and HA/PA/SA Special Meeting Minutes City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™26 File #:19-1248 MEETING DATE:1/21/2020 City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™27 Minutes City Council/Public Financing Authority; Housing Authority; Parking Authority; and, Successor Agency to the Former Redevelopment Agency City of Huntington Beach Monday, December 16, 2019 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Delgleize, Hardy (arrived at 4:01 PM), Semeta, Peterson, Carr, and Brenden Absent: Posey Pursuant to Resolution No. 2001-54, Councilmember Posey requested and was granted permission to be absent. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None RECESSED TO CLOSED SESSION — Motion by acclamation made at 4:01 PM. CLOSED SESSION ANNOUNCEMENT(S) 1. 19-1229 Mayor Semeta announced: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Acting Assistant City Manager and Robert Handy, Chief of Police regarding the following: Municipal Employees’ Association (MEA); Management Employees’ Organization (MEO); Police Officers’ Association (POA), Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA), and Non- Associated. 28 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 2 of 20 CLOSED SESSION 2. 19-1180 Pursuant to Government Code §54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, three (3). 3. 19-1219 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown; also in attendance: Travis Hopkins, Acting Assistant City Manager and Robert Handy, Chief of Police, regarding the following: Municipal Employees’ Association (MEA); Management Employees’ Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated. 4. 19-1220 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Chavez-Perea (Blanca) v. City of Huntington Beach, et al.; OCSC Case No. 30- 2019-01082042. 5. 19-1221 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Kilhullen (Barbara) v. City of Huntington Beach; OCSC Case No.: 30-2019- 01091611. 6. 19-1228 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018- 01008686. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALLED TO ORDER SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY AND SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH — 6:00 PM ROLL CALL Present: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden Absent: Posey Pursuant to Resolution No. 2001-54, Councilmember Posey requested and was granted permission to be absent. PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize 29 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 3 of 20 INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 7. 19-1154 Marcy Tieger of University Synagogue, Irvine and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — Nothing to report from Closed Session. Chief Deputy City Attorney Mike Vigliotta announced that due to illness City Attorney Gates would not be in attendance at tonight's meeting. AWARDS AND PRESENTATIONS 8. 19-1217 Mayor Semeta called on Victoria Alberty to present the "Adoptable Pet of the Month" Victoria Alberty of Waggin' Trails Rescue Foundation introduced Gisela Campagne, the Founder of Waggin' Trails, and Hope, a 3-month old Chihuahua mix who was born with defective back legs. Ms. Alberty explained that wheels for Hope have been ordered, and that more information on Hope can be found at www.ozzieandfriendsrescue.org. Ms. Alberty also announced the annual Waggin' Trails Rescue Foundation Holiday Party at the Paséa from 6 - 9 PM, dogs welcome, on Tuesday, December 17, 2019. 9. 19-1218 Mayor Semeta called on the Huntington Beach Firefighters’ Association who presented a check to Operation Surf from its recent Annual Great Balls of Fire Charity Golf Tournament. Zach Rye, Huntington Beach Firefighters’ Association, presented a donation of $35,000 to Danny Nichols of Operation Surf as this year's recipient of the proceeds from the 20th Annual Great Balls of Fire Charity Golf Tournament. Mr. Nichols thanked City leaders, all of the many firefighters and police officers as well as local businesses and community members who have been instrumental in the success of Operation Surf. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Councilmember Reports #10. 19-1183 K. C. Fockler support for Mayor Semeta's proposed appointments. Consent Calendar #11. 19-1179 Communication received from Robin Estanislau, City Clerk, recommending a revision to the November 18, 2019 minutes. #12. 19-1054 Communication received from Robin Estanislau, City Clerk, presenting a correction (clean copy) of the Maddy Act Local Appointments List 2020. #12. 19-1054 Email communication submitted by Pat Quintana. 30 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 4 of 20 Administrative Items #34. 19-1214 PowerPoint communication submitted by Chris Slama, Community Services Director, entitled “Bluff Top Park Improvements.” Public Hearing #36. 19-1227 Letter submitted by Maria Xanthakis, Seven Gables Real Estate, providing support for Magnolia Tank Farm Development. #36. 19-1227 Letter submitted by Steve Dodge, Huntington Executive Park, providing support for Magnolia Tank Farm Development. #36. 19-1227 Letter submitted by K. C. Fockler PUBLIC COMMENTS (3 Minute Time Limit) — 16 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Trina Bilich was called to speak and stated her concerns about off-site air monitoring for the Ascon project, especially at Eader and Edison schools, and asked that real-time monitors be used for air quality reporting. (00:16:12) Tony Bisson, resident of Huntington Beach who lives across the street from LeBard Park, was called to speak and shared several concerns about Consent Calendar Item No. 17 (19-1193) regarding the LeBard Redevelopment Project. (00:19:26) Claudia Perez, Senior Field Representative for Assemblywoman Cottie Petrie-Norris, was called to speak and shared the Assemblywoman‘s support for Administrative Item No. 34 (19-1214) regarding the Bluff Top Park Improvement Project. Assemblywoman Petrie-Norris is responsible for securing access to $1.4M in State funding for this project. (00:22:45) Nancy Buchoz was called to speak and stated her opposition to the Magnolia Tank Farm project and asked for a halt to all development projects in the south east area until Ascon remediation is completed and air quality readings are consistently safe. (00:23:47) Mariya Sheldon was called to speak and shared her continued concerns regarding the high levels of air pollution at Edison High School, and asked that further effort be put forth to determine the exact source of this pollution. (00:26:59) Robyn Sladek was called to speak and stated her opposition to the Magnolia Tank Farm development, and asked City Council to step up and protect the children, the neighborhood, and future generations. (00:30:09) Ceason Baker was called to speak and shared her concerns about the continued pollution of the southeast area of Huntington Beach. (00:31:24) Shammy Dingus, a resident of Huntington Beach and former business owner, was called to speak and shared her concerns regarding the Shop Off Agreement (00:33:43) 31 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 5 of 20 Amory Hanson, a Huntington Beach City Council Candidate in 2020 and member of the Huntington Beach Historic Resources Board (HRB), was called to speak and stated support for Consent Calendar Item No. 12 and posting a clean copy of the Maddy Act Local Appointments List 2020, and opposition to Consent Calendar Item No. 22 regarding cancellation of the City Council/Public Financing Authority regular meeting of January 6, 2020. (00:36:58) Tara Barton was called to speak and stated she attended the Happy Hour hosted by Shop Off this evening, and shared many reasons for her opposition to the Magnolia Tank Farm project. (00:37:28) Cari Swan was called to speak and shared her reasons for opposing the Magnolia Tank Farm project, and asked the City Council to keep health and safety issues in mind as they consider the Shop Off plans. (00:40:39) Brandt Stebbins was called to speak and stated his support for Consent Calendar Item No. 18 (19- 1225) regarding a Temporary Permit for Wagner Charters to conduct harbor tours, and expressed his opinion that the permit should be permanent, not temporary. (00:43:28) Robert Wagner, a lifetime resident of Huntington Beach, was called to speak and stated his support for Consent Calendar Item No. 18 (19-1225) regarding a Temporary Permit for W agner Charters to conduct harbor tours, and documented the training, certifications and licenses that Wagner Charters has as well as their history of business in Huntington Harbour and surrounding areas. (00:46:53) Bob Pace, a lifetime surfer, was called to speak and stated his support for keeping the Huntington Beach International Surfing Museum managed locally. (00:49:46) Ryan Reza Farsai, owner of a local AM/PM business, was called to speak and shared his opinions on current national political issues. (00:52:55) Amber, a 19-year Huntington Beach homeowner, was called to speak and expressed her appreciation to Former Mayor Peterson and support for Mayor Semeta, and asked that City Council and residents continue working together to protect the children and families of southeast Huntington Beach. (00:56:05) COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Delgleize reported attending two Orange County Transit Authority (OCTA) meetings, the Illumination Foundation & Orange County United Way Homelessness Consortium, a meeting with many residents from the southeast part of Huntington Beach, and a Huntington Beach Chamber of Commerce State of the County event. Councilmember Brenden reported meeting with the Human Relations Task Force (HRTF), and interviewing candidates for HRTF vacancies. Councilmember Carr reported attending the Huntington Beach Chamber of Commerce State of the County event, and having conversations with the Huntington Beach Police Officers' Association (POA) and Huntington Beach Firefighters' Association. Mayor Semeta announced her appointment of Casey McKeon, President of Acquisitions for Hesson Holdings in Huntington Beach, to the Investment Advisory Board (IAB). 32 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 6 of 20 10. 19-1183 Approved Mayor Semeta’s 2020 Council Liaison List A motion was made by Brenden, second Peterson to as recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: approve the 2020 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Semeta. (The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official Appointments" which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City's website according to law prior to this vote.) The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey CITY MANAGER’S REPORT City Manager Chi referred to Acting Assistant City Manager Travis Hopkins who provided an update on the Ascon Landfill Site, and the AES Huntington Beach Energy Project. Councilmember Carr asked Acting Assistant City Manager Hopkins to address the neighborhood concerns related to the fire hydrant installation on Magnolia near Hamilton where diesel trucks are reported idling for over 30 minutes creating fume pollution. Acting Assistant City Manager Hopkins said Public Works inspectors would be sent out the next day to visit the project site. CONSENT CALENDAR Mayor Pro Tem Hardy pulled Item Nos. 13 & 17. Councilmember Carr pulled Item Nos. 12 & 32. Councilmember Brenden pulled Item Nos. 14 & 18. 11. 19-1179 Approved and Adopted Minutes A motion was made by Brenden, second Peterson to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated November 18, 2019, as amended by Supplemental Communication, and December 2, 2019, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 12. 19-1054 Received and filed the Maddy Act Local Appointments List - 2020 (terms on City boards, commissions, and committees which expire in 2020) informing the public of openings and vacancies based on 2020 expiration of current members’ terms 33 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 7 of 20 Councilmember Carr pulled this item as she is concerned about the commissions that are being eliminated, and Mayor Semeta explained that the Intergovernmental Relations Committee (IRC) has been meeting for over a year to determine how the City can be more efficient, however the IRC has not yet reached conclusions. City Clerk Robin Estanislau explained that a clean list of appointments (without comments) was presented through Supplemental Communication and that clean list is what is being voted upon at this time. A motion was made by Carr, second Delgleize to receive and file the Maddy Act Local Appointments List - 2020 showing vacancies which will occur on City boards, commissions, and committees in the year 2020, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2020 will also be posted at all branch libraries and on the City's website (clean copy submitted via Supplemental Communications). The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 13. 19-1206 Received and filed the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Mayor Pro Tem Hardy pulled this item to commend the City Attorney's Office for doing what they can to ensure that a fair Regional Housing Needs Assessment (RHNA) number is determined for Huntington Beach. Mayor Pro Tem Hardy shared examples of Huntington Beach housing projects that unfortunately are not fully credited to RHNA requirements, and stated she would like to see Housing and Community Development (HCD) approve some creative solutions such as accessory dwelling units, or granny flats, as meeting RHNA requirements. Mayor Semeta provided a brief overview of the unfair and arbitrary process at the last Southern California Association of Government (SCAG) Regional meeting, and stated that the City Council will continue to look at options for a reasonable and logical allocation number. She also encouraged everyone to read the letter from the City Attorney's Office (which was part of this Agenda Item) for a better understanding of the situation. Councilmember Brenden stated he had attended a recent Southern California Association of Government (SCAG) Economic Summit where various economic forecasts were presented for each County. Councilmember Brenden stated that the State mandate, which is more affordable housing, cannot realistically expect that coastal cities with higher property values (affordability is the lowest) be required to provide an increased proportion of affordable housing units. He believes SCAG needs to understand that affordable housing is best provided by areas with open land which can be developed, and people will move to, which will then draw businesses because of the close and available workforce. A motion was made by Hardy, second Delgleize to receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. 34 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 8 of 20 The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 14. 19-1200 Approved Fiscal Year 2018/19 Year End Preliminary Unaudited General Fund Balance Designations Councilmember Brenden pulled this item to ask City Manager Chi to share, for the public's benefit, how funds are being reallocated which Council will continue to direct. City Manager Chi stated the funds of about $10.4M, available at the end of the last budget cycle, are being placed into one line- item, or the City's savings account. None of the required set asides or General Fund contributions, including General Fund Reserve accounts, are being adjusted. A motion was made by Brenden, second Delgleize to approve the assignments of preliminary FY 2018/19 year-end General Fund Balance increase of $10.4 million and reallocation of fund balance categories in the amounts and for the purposes indicated in Attachment 1. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 15. 19-1174 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Nobest, Inc. in the amount of $803,850 for the Residential Curb Ramp Project, CC-1589 A motion was made by Brenden, second Peterson to accept the lowest responsive and responsible bid submitted by Nobest, Inc. in the amount of $803,850; and, appropriate an additional $82,000 from the Measure "M" undesignated fund balance to Account 21390004.82300 and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 16. 19-1210 Approved the purchase of a replacement fire engine with South Coast Fire Equipment, Inc. and an ambulance with Braun Northwest, Inc.; and, authorized the City Manager to execute all documents necessary to lease finance the purchase of the fire engine and ambulance A motion was made by Brenden, second Peterson to approve the purchase of the replacement fire engine with South Coast Fire Equipment, Inc. and an ambulance with Braun Northwest, Inc.; and, authorized the City Manager to execute all documents necessary to lease finance the purchase of the fire engine and ambulance, at an interest rate not to exceed 2.5 percent. 35 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 9 of 20 The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 17. 19-1193 Accepted Certain (Water Quality) Park Improvements and Accepted a Guarantee and Warranty Bond for the LeBard Redevelopment Project (Tract 17801) at 20461 Craimer Lane Mayor Pro Tem Hardy pulled this item regarding the improvements for the LeBard Redevelopment Project to support the comments of Public Speaker Mr. Bisson that the results in some areas don't seem to match the plans, and in her opinion it is unfortunate that the neighborhood community wasn't provided opportunities to be more involved in the change decisions as they were made. A motion was made by Hardy, second Brenden to accept certain park improvements (detention basin and water quality swale) for the LeBard Redevelopment Project (Tract 17801) and instruct the City Clerk to record the Acceptance of Public Park Improvements (Tract 17801) form (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No.36K012696 (Attachment 3); the security furnished for guarantee and warranty of certain park improvements (detention basin and water quality swale), and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Clerk to notify the developer, HB Homes Management, LLC, of this action, and the City Treasurer to notify the Surety, the Ohio Casualty Insurance Company, of this action. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 18. 19-1225 Approved the issuance of a Temporary Permit for Wagner Charters to conduct harbor tours as recommended by the Harbor Commission Councilmember Brenden pulled this item to explain that he sees the last sentence of the Recommended Action as problematic because it appears to set up two different standards for Dock access, and moved the Recommended Action as amended by striking the last sentence. The motion failed to receive a second. Councilmember Peterson shared his opinion that this issue should have been addressed administratively as the Harbor Commission is close to having a recommendation for Council to consider. Councilmember Peterson also stated support for having a policy, and believes the Harbor Commission really understands all of the issues including navigation and safety requirements, made a substitute motion to approve the Recommended Action as presented. Councilmember Brenden further stated he would prefer to see the process proceed on a case-by- case basis, rather than provide a situation for possible legal challenge. He stated he will not support the substitute motion only because it doesn't strike the last sentence. 36 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 10 of 20 Mayor Semeta asked Chief Deputy City Attorney Mike Vigliotta to address the concerns, and he stated that he did not expect the last sentence of the motion to be problematic. The substitute motion made by Peterson, received a second by Semeta to approve the issuance of a temporary Dock access permit to Wagner Charters for the operation of holiday harbor tours through January 31, 2020, so long as they are able to meet the City's insurance requirements and ensure their use of the Dock will not negatively impact any currently scheduled activities (including events at the Huntington Harbor Yacht Club and the Harbor Cruise of Lights event). Additionally, should another private commercial entity request a Dock access permit prior to a final decision by the City Council on this matter, the City Council supports the staff recommendation that no other private commercial Dock access permits should be issued until final regulations regarding commercial permits for the Dock are adopted by the City Council. The substitute motion carried by the following vote: AYES: Semeta, Hardy, Carr, Delgleize, and Peterson NOES: Brenden ABSENT: Posey 19. 19-1146 Adopted Resolution No. 2019-74 approving submittal of a grant application associated with an improvement project on Bolsa Chica Street to the Orange County Transportation Authority (OCTA) for funding under the Comprehensive Transportation Funding Program (CTFP) A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-74, "A Resolution to the City Council of the City of Huntington Beach Approving the Submittal of an Improvement Project to the Orange County Transportation Authority for funding under the Comprehensive Transportation Funding Program." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 20. 19-1155 Adopted Resolution Nos. 2019-80, 2019-81, 2019-82, 2019-83, 2019-84, 2019-85 and 2019-86 requesting authorization by the City of Huntington Beach and approval from California Department of Transportation (Caltrans) for temporary closure of streets for certain special events in 2020 A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-80, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Closing of Main Street and 5th Street to Vehicular Traffic for Certain Special Events;" and, adopt Resolution No. 2019-81, "A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of 12th Street in Sunset Beach for the Annual Sunset Beach Art Festival and Halloween Party;" and, adopt Resolution No. 2019-82, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress for the Surf City USA Marathon Run;" and, adopt Resolution No. 2019-83, "A Resolution of the City Council of the City of Huntington Beach Approving the Temporary Closure of Portions of Goldenwest Street, Garfield 37 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 11 of 20 Avenue, Huntington Street, Twin Dolphin Drive, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive, Main Street, Walnut Avenue, and Central Park Drive for the Surf City USA 20 Marathon Run;" and, adopt Resolution No. 2019-84, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway and Certain Ingress and Egress Within the City of Huntington Beach for the Annual Surf City 10 Sundown Run;" and, adopt Resolution No. 2019-85, "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth of July Parade and Fireworks;" and, adopt Resolution No. 2019-86, "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closures for the Fourth of July." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 21. 19-1166 Adopted Resolution No. 2019-90 removing Jereva Circle from Residential Permit Parking District "J" A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-90, "A Resolution of the City Council of the City of Huntington Beach Removing Jereva Circle from Residential Permit Parking District "J." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 22. 19-1184 Adopted Resolution No. 2019-91 authorizing cancellation of the City Council/Public Financing Authority regular meeting of January 6, 2020; and, directed the City Clerk to provide notice of such cancellation A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-91, "A Resolution of the City Council of the City of Huntington Beach Declaring the Cancellation of the City Council and Public Financing Authority Regular Meeting of January 6, 2020; and Directing the City Clerk to Provide Notice of Such Cancellation." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 23. 19-1188 Adopted Resolution No. 2019-94 extending the appointment of David Segura as Interim Fire Chief and approving Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and David Segura 38 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 12 of 20 A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-94, "A Resolution of the City Council of the City of Huntington Beach Extending the Appointment of David Segura as Interim Fire Chief;" and, approve and authorize the City Manager to execute the "Amendment No. 1 to Employment Agreement Between the City of Huntington Beach and David Segura." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 24. 19-1222 Adopted Resolution Nos. 2019-95, 2019-96, 2019-97, 2019-98 amending the Alternate Dispute Resolution Agreement language in the Memorandums of Understanding (MOU) with the Huntington Beach Police Officers’ Association (HBPOA), the Huntington Beach Police Management Association (HBPMA), the Huntington Beach Firefighters’ Association (HBFA), and the Huntington Beach Fire Management Association (FMA) A motion was made by Brenden, second Peterson to adopt Resolution No. 2019-96, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers' Association (POA), by Adopting the Side Letter of Agreement;" and, adopt Resolution No. 2019-98, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Management Association (HBPMA), by Adopting the Side Letter of Agreement;" and, adopt Resolution No. 2019-97, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA), by Adopting the Side Letter of Agreement;" and, adopt Resolution No. 2019-95 "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Fire Management Association (FMA), by Adopting the Side Letter of Agreement". The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 25. 19-1125 Approved and authorized execution of a contract amendment to Professional Services Contracts with AESCO, Inc., Leighton Consulting, Inc., and Twining, Inc., for On-Call Material Testing and Engineering Services A motion was made by Brenden, second Peterson to approve and authorize the Mayor and the City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and AESCO, Inc. for On-Call Material Testing and Engineering Services" increasing the contract amount by $350,000, from the original amount of $250,000 to an amended amount of $600,000; and, approve and authorize the Mayor and the City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Leighton Consulting, Inc." increasing the contract amount by $350,000, from the original amount of $250,000 to an amended amount of $600,000; and, approve and authorize the Mayor and the City Clerk to execute "Amendment No. 1 to Agreement Between the City 39 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 13 of 20 of Huntington Beach and Twining, Inc." increasing the contract amount by $350,000, from the original amount of $250,000 to an amended amount of $600,000. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 26. 19-1189 Approved and authorized execution of Amendment No. 1 to Professional Services Contracts for As-Needed Environmental Engineering Services with Geosyntec Consultants, Inc., Tetra Tech, Inc., Group Delta Consultants, Inc., Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.), Huitt- Zollars, Inc. and Pacific Advanced Civil Engineering, Inc. (PACE), extending each contract’s expiration date to February 6, 2021 A motion was made by Brenden, second Peterson to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-Needed Environmental Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services"; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and EEC Environmental for As-Needed Environmental Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services;" and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Pacific Advanced Civil Engineering, Inc. for As-Needed Environmental Engineering Services." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 27. 19-1178 Approved and authorized execution of a five (5) year License Agreement with Southern California Edison Company for public parkland located at Edison Park, Contract No. 9.2473 A motion was made by Brenden, second Peterson to approve the "License Agreement" with Southern California Edison Company for the use of the 4.71 acres of property commonly known as Edison Park, Contract No. 9.2473, and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction. The motion carried by the following vote: 40 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 14 of 20 AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 28. 19-1199 Approved and authorized execution of a Mills Act Agreement between the City of Huntington Beach and Daniel Adam Murphy and Alyssa Ann Murphy for the purpose of providing property tax relief for owners of qualified properties who wish to use the savings to preserve/restore their historic property located at 713 Hill Street A motion was made by Brenden, second Peterson to approve and authorize the Mayor and City Clerk to execute the "Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property by and between the City of Huntington Beach and Daniel Adam Murphy and Alyssa Ann Murphy for the Real Property Located at 713 Hill Street within the City of Huntington Beach (Mills Act Contract)." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 29. 19-1202 Approved and authorized execution of Vote Center Facility Use Agreements with the County of Orange for use of the Huntington Beach Civic Center, Huntington Beach Central Library, Main Street Branch Library, Edison Community Center and Rodgers Senior Outreach Center as four or eleven-day Vote Centers for the March 3, 2020, Presidential Primary Election A motion was made by Brenden, second Peterson to approve and authorize the City Manager to execute the Orange County Registrar of Voters "Vote Center Facility Use Agreements" approved as to form by the City Attorney on the following sites: Huntington Beach Civic Center, Meeting Room B- 7, 2000 Main Street, Huntington Beach from Saturday, February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and, Huntington Beach Central Library, Rooms C/D, 7111 Talbert Avenue, Huntington Beach from Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11- day Vote Center); and, Main Street Branch Library, Blue Room, 525 Main Street, Huntington Beach from Saturday, February 29, 2020, through Tuesday, March 3, 2020, (4-day Vote Center); and, Edison Community Center, Studio, 21377 Magnolia Street, Huntington Beach from Saturday, February 29, 2010, through Tuesday, March 3, 2020, (4-day Vote Center); and, Rodgers Senior Outreach Center, Auditorium, 1706 Orange Avenue, Huntington Beach from Saturday, February 22, 2020, through Tuesday, March 3, 2020, (11-day Vote Center). The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 41 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 15 of 20 30. 19-1204 Approved and authorized execution of three Professional Services Contracts with Bureau Veritas North America, Inc., CSG Consultants, Inc. and 4Leaf, Inc. for Fire Prevention Inspection and Plan Review Services A motion was made by Brenden, second Peterson to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Bureau Veritas North America, Inc. for Fire Prevention and Plan Review Services;" and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and CSG Consultants, Inc. for Fire Prevention and Plan Review Services;" and, approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and 4Leaf, Inc. for Fire Prevention and Plan Review Services." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 31. 19-1196 Approved and authorized execution of a Fourth Amended Joint Powers Agreement for Metro Cities Fire Authority A motion was made by Brenden, second Peterson to approve and authorize the Mayor and the City Clerk to execute the "Metro Cities Fire Authority Fourth Amended Joint Powers Agreement." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 32. 19-1226 Approved the appointment of Travis Hopkins to the position of Assistant City Manager and authorized the City Manager to execute the associated Employment Agreement Councilmember Carr pulled this item to congratulate Mr. Hopkins, and thank him for his dedication to the City. Councilmember Brenden expressed his support for this item, and shared his observation that Mr. Hopkins has always focused on his job and doing it to the best of his ability as Director of Public Works, and he expects more of the same as he serves as Assistant City Manager. Councilmember Delgleize congratulated Mr. Hopkins for this appointment, and stated she knows that the residents of Huntington Beach will continue to benefit as he serves in this position. Mayor Pro Tem Hardy thanked Mr. Hopkins for his service and for always ensuring that any issue he is made aware of is taken care of. Mayor Semeta commended Mr. Hopkins for his calm and reassuring attitude in dealing with any situation, and moved the item. 42 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 16 of 20 Councilmember Peterson joked about Mr. Hopkins’ head getting big after all of the accolades, and explained how he wanted to move the item but Mayor Semeta beat him to it. City Manager Chi stated appreciation to Mr. Hopkins for helping him transition into the organization, and described Mr. Hopkins as a team player who performs with humility, integrity and passion. A motion was made by Semeta, second Delgleize to approve the "Employment Agreement between the City of Huntington Beach and Travis Hopkins," and authorize the City Manager to execute any and all relevant and associated documents. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 33. 19-1185 Adopted Ordinance No. 4192, which establishes Municipal Code Section 10.40.265 prohibiting misuse of disabled person placards or license plates Approved for introduction November 18, 2019, Vote: 7-0 A motion was made by Brenden, second Peterson to adopt Ordinance No. 4192, "An Ordinance of the City of Huntington Beach adding Section 10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled Parking Placards and License Plates." The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey ADMINISTRATIVE ITEMS 34. 19-1214 Authorized staff to submit the design elements for the Bluff Top Park Improvement Project to the State, including the Design Review Board approved wood lodge pole guardrail system City Manager Chi introduced Community Services Director Chris Slama who presented a PowerPoint communication entitled Bluff Top Park Improvements with slides titled: Purpose, Overview (2), Current Needs, Project Scope, Path Improvements (2), Current Conditions (3), Traffic Improvements, Extend Sidewalk Adjacent to PCH, New Side Walk, Bluff Top Park Improvements (2), Railing Replacement, Existing Railing - Installed in 2006, Current Conditions (2), Materials/Design Options Considered (5), Materials Pros/Cons (3), Proposed Railing Design (2), Harriett Wieder (O. C. Parks), Bartlett Park, Design Simulations, Existing Galvanized Steel Railing, Lodge Pole Railing Simulation, Existing Galvanized Steel Railing, Sample Lodge Pole Railing, Bluff Top Park Improvements(2), and Questions. Councilmember Delgleize asked if wood lodge pole is currently used at Weider Park, and Director Slama confirmed the wood is pressure treated for rot and insects. Councilmember Delgleize thanked 43 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 17 of 20 Assemblywoman Cottie Petrie-Norris for securing funding for this project, recommended painted lines on the pathway to divide foot traffic, and suggested use of decomposed granite (DG) for pedestrians, and asphalt for bikes. Councilmember Brenden expressed appreciation for the wood railing price point, the durability factor, flexibility for repairs, and overall esthetics. Councilmember Delgleize and Director Slama discussed that it is yet to be determined whether funding from the State can, or will be, used for landscaping. Councilmember Carr and Acting Public Works Director Tom Herbel discussed that this area is where people will be standing and leaning on the guardrail, and Director Herbel confirmed it was determined the wood railing is the preferred product for longevity in those situations. Councilmember Carr recommended that there always be adequate reserves for timely and proper repairs so this area is never again allowed to deteriorate to current conditions. Mayor Pro Tem Hardy described a better comparison for similar treatment would be Bartlett Park where kids haul their bikes over the fence, and so far it has held up well. Councilmember Peterson expressed his opinion that Bluff Top Park will have a lot more traffic than Bartlett Park, and stated he is not fond of wood poles, and is not confident it will hold up well. Mayor Semeta stated she doesn't like this look at the beach, but prefers the post and cable product and sees it as less obstructive to the view. Director Slama explained there was considerable discussion on safety and maintenance issues, and knowing there will be people leaning on and trying to climb over, it was determined this was the best option. He added that it is possible to specify a smaller diameter wood lodge pole which might open up the view somewhat. Councilmember Delgleize and Director Slama continued the discussion on the size of the lodge poles to keep an open view, but for practicality and safety issues anything smaller than 5" would probably not be appropriate. Councilmember Brenden stated his support for the lodge pole as it is the cheapest product and will help the funding go as far as possible. Councilmember Peterson and Director Slama discussed some pros and cons for a bolt-on system of installation vs the end-to-end which would create a more linear result. City Manager Chi explained that this item provides Council the opportunity to weigh in on use of a lodge pole design for the guardrail before submitting the project to the State for costing and final approval. Once approved by the State, then a final design with costs will be brought back for consideration by the Council. A motion was made by Brenden, second Delgleize to accept the approved recommendation of the Design Review Board to utilize a wood, lodge pole guardrail design as part of the Bluff Top Improvement Project. The motion carried by the following vote: 44 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 18 of 20 AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey PUBLIC HEARING 35. 19-1170 Public Hearing CONTINUED OPEN to January 21, 2020 — Request to consider Zoning Text Amendment No. 19-002 (Huntington Beach Zoning and Subdivision Ordinance Update) Mayor Semeta opened the Public Hearing. City Clerk Estanislau reported no one had signed up to speak. A motion was made by Hardy, second Brenden to open the public hearing and direct staff to continue Zoning Text Amendment No. 10-002 to January 21, 2020. The motion carried by the following vote: AYES: Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ABSENT: Posey 36. 19-1227 NO ACTION TAKEN — At the Applicant’s request, Environmental Impact Report No. 17-001, General Plan Amendment No. 17-001, Zoning Map Amendment No. 17-001, Zoning Text Amendment No. 17-005, Local Coastal Program Amendment No. 17-001, and Development Agreement No. 19-001 (Magnolia Tank Farm) was continued to a date uncertain COUNCILMEMBER ITEMS 37. 19-1230 ITEM SUBMITTED BY COUNCILMEMBER POSEY WITHDRAWN — Direct staff to develop updates to the City’s Annual Beach Parking Pass Program to allow for reduced-fee Disabled Passes COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Peterson reminded everyone of the Huntington Harbour Philharmonic Cruise of Lights, which provides funding for local student music programs, and reported that as Night Captain he can report from first-hand experience that there are many outstanding light displays. Councilmember Delgleize reported attending the Homelessness Consortium and thanked Illumination Foundation and Orange County United Way for sharing progress that is being made. Councilmember Delgleize also invited everyone to the 100th Birthday Gala Fundraiser for American Legion Post 133 at Mile Square Banquet Center, Fountain Valley, from 5 - 9 PM on Wednesday, December 18, 2019. Councilmember Brenden reported attending the Assistance League of Huntington Beach Operation School Bell at Target, and the Kiwanis event for children at Walmart. He described how it was very rewarding to observe the young faces with smiles of delight, and thanked the two organizations and 45 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 19 of 20 the stores for their generosity. Councilmember Brenden also reported attending the Disneyland Candle Lighting event which included a choir, orchestra, trumpet players and a narrator to tell the Christmas Story in a very moving way. Mayor Pro Tem Hardy reported attending the Assistance League of Huntington Beach Operation School Bell at Target and thanked the Assistance League for bringing smiles to so many children. She also thanked Waymakers for the Christmas Parade and Light a Light of Love event. She attended the International Celebration of Christmas Live Nativity Play at Old World Village where different cultures from around Orange County demonstrate how they celebrate the Christmas Story. Councilmember Carr reported attending the Academy for the Performing Arts (APA) Songs of the Season outstanding performance, and she expressed gratitude for the many arts programs available in Huntington Beach. Mayor Semeta narrated a brief video of the Christmas Parade, Light a Light of Love, and Huntington Harbour Philharmonic Boat Parade events, and thanked Councilmember Peterson for being a Boat Parade Night Captain. Mayor Semeta also announced the Community Grand Marshall for the 4th of July Parade is Diane Dwyer, a well-known and loved Huntington Beach volunteer. Mayor Semeta reported participating in the Huntington Beach Operation School Bell at Target, attending the Boys and Girls Club Board Dinner, and the Illumination Foundation & Orange County United Way Homelessness Consortium. Upcoming events announced by Mayor Semeta include the Waggin' Trails Rescue Foundation Fundraiser on December 17th at the Paséa, and Surf City Splash on January 1st. ADJOURNMENT — 8:25 PM City Council/Public Financing Authority adjourned to a Special Meeting Study Session on Monday, January 13, 2020, at 5:00 PM in Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, January 21, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov 46 Council/PFA Regular Meeting Housing and Parking Authorities, and Successor Agency Special Meeting December 16, 2019 Page 20 of 20 ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing, Housing and Parking Authorities, and Successor Agency to the former Redevelopment Agency of the City of Huntington Beach, California ATTEST: __________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 47 City of Huntington Beach File #:20-1325 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION To:Honorable Mayor Pro Tem and City Councilmembers From:Lyn Semeta, Mayor Date:January 21, 2020 Subject: Annual Review of the City Code of Ethics Statement of Issue: Resolution No. 2016-73 specifies that an annual review of the City Code of Ethics (Code) should occur each year. As stated in the Code, its purpose is “to set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, committees of the City of Huntington Beach.” The Mayor, City Manager, Chairpersons, and City Department Directors are responsible for accomplishing this annual review. With this memorandum, I am formally presenting the Code of Ethics to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as specified by Resolution 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can be found on the City’s website under Transparency in Huntington Beach - HB Open. Financial Impact: None. Recommended Action: Direct the City Clerk to record in the official minutes that the City Code of Ethics was presented to the City Council, City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Attachment(s): 1. Resolution No. 2016-73, including Exhibit “A”, City of Huntington Beach Code of Ethics City of Huntington Beach Printed on 1/15/2020Page 1 of 1 powered by Legistar™48 49 50 51 52 53 54 City of Huntington Beach File #:20-1344 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Receive and file the monthly status update on the 6th cycle Regional Housing Needs Assessment process Statement of Issue: During the July 15, 2019, City Council Study Session, Community Development staff presented an overview of the 6th Cycle RHNA process and related items of information as directed by the City Council. At the end of the study session, the City Council requested monthly updates on the status of the 6th Cycle RHNA process. This update provides a summary of what has occurred since the last monthly update on December 16, 2019. Financial Impact: There is no fiscal impact. Recommended Action: Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Alternative Action(s): Provide alternative direction to staff. Analysis: On November 7, 2019, the SCAG Regional Council, made up of elected officials from the various SCAG jurisdictions, considered the draft RHNA methodology. The Regional Council voted to approve an alternative methodology, proposed by Riverside Mayor Rusty Bailey, which would result in a RHNA allocation of approximately 13,321 units to the City of Huntington Beach. Mayor Semeta, representing the City of Huntington Beach on the Regional Council, voted no on the motion. Following the November 7, 2019,Regional Council meeting, the City sent a letter to HCD and SCAG formally objecting to the Regional Council’s action. The approved methodology was forwarded to HCD for a 60-day review on November 14, 2019. It is anticipated that HCD will respond to SCAG in mid-January. SCAG will then review HCD’s comments and recommend a Final RHNA Allocation Methodology for adoption. The next step in the SCAG City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™55 File #:20-1344 MEETING DATE:1/21/2020 and recommend a Final RHNA Allocation Methodology for adoption. The next step in the SCAG adoption process is for the RHNA Subcommittee to consider the Final RHNA Allocation Methodology for recommendation to the Community, Economic, and Human Development Committee (CEHD) and the Regional Council at its next meeting on February 24, 2020. The RHNA Subcommittee will also discuss and adopt RHNA appeal procedures at this meeting. The RHNA Subcommittee will then forward its recommendation on the Final RHNA Allocation Methodology to the Regional Council. The Regional Council is expected to consider the Final RHNA Allocation Methodology at its March 5, 2020,meeting. Once adopted, SCAG will allocate the RHNA units to its member jurisdictions pursuant to the adopted Final RHNA Allocation Methodology. Jurisdictions will then have 45 days to submit an appeal. Environmental Status: The filing of a status update on the 6 th Cycle RHNA process is not a project as defined by Section 15378 of the CEQA Guidelines and is not subject to CEQA. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): N/A City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™56 City of Huntington Beach File #:19-1296 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve appointments to the Huntington Beach Human Relations Task Force (HRTF) as recommended by City Council liaisons Mayor Pro Tem Jill Hardy and Councilmember Patrick Brenden Statement of Issue: The Huntington Beach Human Relations Task Force (HRTF) currently has six (6) vacancies on their board to be filled by members of the Huntington Beach community. Financial Impact: Not applicable. Recommended Action: A) Approve the reappointments of Natalie Moser and Vashia Rhone for terms to expire December 31, 2023, as recommended by City Council liaisons Jill Hardy and Patrick Brenden; and, B) Approve the appointments of Ashley Dos Santos, Antonio Benitez, and Hemesh Patel for terms to expire December 31, 2021, as recommended by City Council liaisons Jill Hardy and Patrick Brenden; and, C) Approve the appointments of Rhonda Bolton, Teresa Carlisle and Timothy Stuart for terms to expire December 31, 2023, as recommended by City Council liaisons Jill Hardy and Patrick Brenden. Alternative Action(s): Do not approve appointments to the Human Relations Task Force and direct staff accordingly. Analysis: The Human Relations Task Force (HRTF) was formed in April 1997, with a mission to “promote and celebrate diversity in our community through education and understanding.” Currently there are six available vacancies on the board due to unscheduled vacancies and term resignations. Two of the members with expiring terms are eligible for and requesting reappointment: Natalie Moser and Vashia Rhone. Each of these members has been an active participant of the HRTF. A brief City of Huntington Beach Printed on 1/15/2020Page 1 of 3 powered by Legistar™57 File #:19-1296 MEETING DATE:1/21/2020 description of their contributions to the HRTF is provided below: Natalie Moser: Ms. Moser was appointed to her first term on the HRTF on February 21, 2017. She currently serves as Chair and has been active in a number of programs, including HB Listens, Windows & Mirrors, and the Youth Voices Essay and Art Contest. Vashia Rhone: Ms. Rhone was appointed to her first term on the HRTF on December 18, 2017. She currently serves as Vice Chair and has been actively involved in the development and implementation of programs to recognize and celebrate cultures throughout the year, including Black History, Latin Heritage and Native American Heritage. In addition to these two reappointments, City Council liaisons Hardy and Brenden are recommending the following Huntington Beach residents for appointment to fill the six (6) vacancies. A brief description of each candidate is included below. Ashley Dos Santos: Ms. Dos Santos is the Founder and Executive Director of Mentor Me Learning, a non-profit youth leadership program. She has a Bachelor of Science in Global Studies and Spanish and a MAE in Educational Leadership and Change. She was raised in Huntington Beach and is a graduate of Edison High School. Antonio Benitez: Mr. Benitez worked as a staff member for Orange County Human Relations for three years where he was involved in a number of HRTF projects. He also served as a Huntington Beach Community Services Commission member representing Ocean View School District. He has a Bachelor of Arts in Latin American Studies. Hemesh Patel: Mr. Patel is a lifelong resident of Huntington Beach. He is a physician who operates his practice in our City, as well. Mr. Patel graduated from UCLA with a Bachelor of Science in Biology and obtained his Master of Science in Physiology and Biophysics from Georgetown University. Rhonda Bolton: Ms. Bolton is an attorney and diversity and inclusion advisor. She obtained her Bachelor of Science in Economics with a minor in Political Science from the University of Houston. She attended William and Mary School of Law where she earned her Juris Doctorate degree. Ms. Bolton was on the Community Partners Advisory Board with Orange County Human Relations and currently serves on the boards of Girls Inc. of Orange County, Families Forward and the United Negro College Fund. Ms. Teresa Carlisle: Ms. Carlisle is currently a student at Fullerton College. She is a member of the Huntington Beach Art Center and is the Immediate Past Chair of the Artist Council Steering Committee. Ms. Carlisle has a strong volunteer background, and is involved as an advocate for a very diverse population of children and adults. Mr. Timothy Stuart: Mr. Stuart is an attorney who lives and works in Huntington Beach. He has a Bachelor of Arts degree in Political Science from the University of Washington and a Juris Doctorate degree from the University of San Diego, School of Law. Mr. Stuart volunteers his time as a coach with the Special Olympics. City of Huntington Beach Printed on 1/15/2020Page 2 of 3 powered by Legistar™58 File #:19-1296 MEETING DATE:1/21/2020 Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. HRTF membership roster. City of Huntington Beach Printed on 1/15/2020Page 3 of 3 powered by Legistar™59 HUMAN RELATIONS TASK FORCE Membership Roster Effective December 16, 2019 MEMBERS WITH TERMS EXPIRING 12-31-2021 NAME Date of Appointment Partial Term Expiration 1st Term Expiration 2nd Term Expiration** 1 Antonio Benitez* 1-21-20 12-31-21 12-31-25 12-31-29 2 Ashley Dos Santos* 1-21-20 12-31-21 12-31-25 12-31-29 3 Hemesh Patel* 1-21-20 12-31-21 12-31-25 12-31-29 4 Sunny Lee-Goodman 1-22-13 12-31-13 12-31-17 12-31-21 MEMBERS WITH TERMS EXPIRING 12-31-2023 NAME Date of Appointment Partial Term Expiration 1st Term Expiration 2nd Term Expiration** 5 Natalie Moser 2-21-17 12-31-19 12-31-23 6 Vashia Rhone 12-18-17 12-31-19 12-31-23 7 Rhonda Bolton* 1-21-20 12-31-23 12-31-27 8 Teresa Carlisle* 1-21-20 12-31-23 12-31-27 9 Timothy Stuart* 1-21-20 12-31-23 12-31-27 *Pending approval by City Council on 1/21/2020 **Pending reappointment after 1st Term 60 City of Huntington Beach File #:19-1291 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Authorize use of existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for City related projects Statement of Issue: The City has existing on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for on-call construction management and inspection services. When initially awarded, these contracts were approved for use on projects listed in the Capital Improvement Program (CIP). Staff is requesting that Council authorize the use of these contractors for any City related projects and activities. Financial Impact: No additional funds are requested at this time. Recommended Action: Authorize the use the existing on-call construction management/inspection contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for any City related projects and activities including those in the approved CIP. Alternative Action(s): Do not provide this authorization Analysis: On November 5, 2018, Council approved new on-call professional services contracts with Wallace and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek. At that time, the approval for these contracts was limited to services to support staff for the construction of CIP projects identified in the annual CIP. Staff is seeking authorization to use these contractors for projects in the City including those identified in the CIP. Environmental Status: City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™61 File #:19-1291 MEETING DATE:1/21/2020 Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): None. City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™62 City of Huntington Beach File #:20-1321 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Dahle Bulosan, Interim Chief Financial Officer Subject: Adopt Resolution No. 2020-08 to accept and approve the Development Impact Fee Report for Fiscal Year 2018-19 and Make Government Code Section 66006 and 66001 Findings Statement of Issue: Pursuant to the Mitigated Fee Act, (California Government Code Sections 66001 through 66009 the City Council established certain Development Impact Fees (DIFs) that must be paid by developers of property to help offset some (or all) the cost of public facilities related to the development project. The DIFs are for Parkland Acquisition and Park Facilities, Police Facilities, Fire Facilities, and Library; additionally, there are three Public Works facilities improvement fees - Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation program. The Mitigation Fee Act requires the City Council approve an annual report that provides information about the DIFs. These fees are required to be deposited into their own separate accounts or funds. The law also requires that certain findings be made in association with accumulated DIFs after the deposit into their respective account or fund. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2020-08, “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2019 and to Make the Findings as required by Government Code Section 66006(b) and 66001(d).” Alternative Action(s): Do not approve the recommendation and direct staff accordingly. Analysis: Reporting requirements under California Government Code 66006 specify that the City must prepare annual reports of Development Impact Fees within 180 days of the close of the fiscal year. The City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™63 File #:20-1321 MEETING DATE:1/21/2020 reports must describe the fee, the amount of the fees collected, interest earned, and identification of any expenditures from those funds. The code also specifies that reports must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days following release to the public. The FY 2018-19 Development Impact Fee Annual Report was released for public review on December 23, 2019, (Attachment 1). Fiscal Year 2018-19 Development Impact Fee Annual Report for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Parkland Acquisition and Park, Police Facilities, and Fire Facilities and Library Development Impact Fees is attached for your review and approval (Attachment 1). A summary of the fees collected and expenditures incurred in FY 2018-19 are included in the Financial Summary Report section. As these funds are collected and their corresponding fund grows, the restricted funds may be used on projects identified in the City’s General Plan, the Master Facilities Plan, or City Council approved development projects. Use of the funds for the Traffic Impact, Sanitary Sewer and Planned Local Drainage fees is restricted to making system improvements as outlined in the respective master plans for each of the funds. Information contained in the reports conforms to the requirements of the Huntington Beach Municipal Code regarding revenues and expenditures in each fund. The Public Works Commission reviewed the report at the October 16, 2019 , commission meeting and recommended approval by 6-0 vote (Commissioner Small-absent). Pursuant to the Mitigation Fee Act, a resolution has been prepared to make the required findings associated with any funds that may remain uncommitted. That resolution is attached to this Staff Report and it is requested that the City Council consider adopting the resolution. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Memo to City Council dated December 23, 2019 2. Resolution No. 2020-08 “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2019,and to Make the Findings as Required by Government Code Section 66006(b) and 66001(d)” City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™64 CITY OF HUNTINGTON BEACH Interdepartmental Memo       TO: Honorable Mayor and City Council Members FROM: Oliver Chi, City Manager DATE: December 23, 2019 SUBJECT: Release of Fiscal Year 2018-19 Development Impact Fee Annual Report for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Program), Library, Parkland Acquisition and Park, Police, and Fire Facilities Development Impact Fees Reporting requirements under California Government Code 66006 specify that the City must prepare an annual report of Development Impact Fees within 180 days of the close of the fiscal year. Additionally, the Code requires that the report be available for public review not less than 15 days prior to being reviewed at a public meeting of the City Council. The Fiscal Year 2018-19 annual reports for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Library, Parkland Acquisition and Park, Police and Fire Facilities Development Impact Fees are included in the attached Development Impact Fee Report for Fiscal Year Ended June 30, 2019 for your preliminary review. They will be officially transmitted for approval at the January 21, 2020 City Council Meeting. By way of this transmittal, I am releasing the reports for public review. Please contact Dahle Bulosan, Acting Chief Financial officer at dahle.bulosan@surfcity-hb.org with any questions. Cc: Travis Hopkins, Assistant City Manager Michael Gates, City Attorney Robin Estanislau, City Clerk Robert Handy, Police Chief David Segura, Fire Chief Tom Herbel, Acting Public Works Director Chris Slama, Community Services Director Ursula Luna-Reynosa, Community Development Director Stephanie Beverage, Library Services Director Bob Stachelski, Transportation Manager Debbie DeBow, Acting City Engineer Kelly Rodriguez, Assistant Chief of Police Tim Andre, Fire Division Chief Ken Dills, Project Manager Kevin Justen, Senior Administrative Analyst Elaine Kuhnke, Senior Administrative Analyst Mindy James, Senior Administrative Analyst Debbie Gilbert, Senior Administrative Analyst 65 66 67 68 69 70 Development Impact Fee Report Fiscal Year End June 30, 2019 City of Huntington Beach 2000 Main St. Huntington Beach, CA. 71 Intentionally Left Blank 72 City of Huntington Beach Development Impact Fee Report Fiscal Year Ended June 30, 2019 Submitted by Dahle Bulosan, Acting Chief Financial Officer 73 Intentionally Left Blank 74 Table of Contents i City Council Directory ................................................................................................ I City Officials Directory ............................................................................................... III Transmittal Letter ........................................................................................................... 1 Introduction Legal Requirements for Development Impact Fee Reporting ..................................... 3 Description of Development Impact Fees ................................................................... 5 Development Impact Fee Master Fee Schedule ......................................................... 9 Development Impact Fee Report Statement of Revenues, Expenditures and Changes in Fund Balance Summary ....... 11 Financial Summary Report Parkland Acquisition and Park Facilities Development Impact Fee ............................ 13 Police Facilities Development Impact Fee .................................................................. 17 Fire Facilities Development Impact Fee ...................................................................... 19 Library Development Impact Fee................................................................................ 21 Planned Local Drainage Facilities Fund ..................................................................... 23 Sanitary Sewer Facilities Fund ................................................................................... 25 Fair Share Traffic Impact Mitigation Fee Program ...................................................... 27 Development Impact Fee Project Identification CIP ............................................................................................................................. 37 Council Action Request for Council Action December 17, 2018 ......................................................... 41 Resolution 2018-85 Amending Development Impact Fee Schedule to Include ADU .. 46 Development Impact Fee on Accessory Dwelling Units (ADU) ................................... 56 Request for Council Action May 7, 2012 ..................................................................... 64 Resolution 2012.23 Development Impact Fee Calculation and Nexus Report ............ 73 Ordinance 3942 – Police Facilities Development Impact Fee .....................................100 Ordinance 3943 – Fire Facilities Development Impact Fee ........................................ 111 Ordinance 3944 – Fair Share Traffic Impact Mitigation Fee Program ......................... 122 Ordinance 3945 – Library Development Impact Fee .................................................. 138 Ordinance 3946 – Parkland Acquisition & Park Facilities Development Impact Fee ... 148 Ordinance 3947 – General Provisions for Development Impact Fees ......................... 159 Comparison of Current vs. Proposed Development Impact Fees ............................... 167 Master Facilities Plan ................................................................................................... 171 Development Impact Fee Calculation & Nexus Report ............................................... 267 75 Intentionally Left Blank ii 76 City Council Directory Erik Peterson Mayor Patrick Brenden Council Member Kim Carr Council Member Jill Hardy Council Member Lyn Semeta Mayor Pro Tem Mike Posey Council Member Barbara Delgleize Council Member l 77 Intentionally Left Blank ll 78 City Official Directory lll Elected Officials City Attorney ............................................................................ Michael Gates City Clerk ................................................................................. Robin Estanislau City Treasurer .......................................................................... Alisa Backstrom City Manager’s Office City Manager ............................................................................ Oliver Chi Assistant City Manager ............................................................ Travis Hopkins Department Directors Community Development ........................................................ Ursula Luna-Reynosa Community Services ................................................................ Chris Slama Finance .................................................................................... Dahle Bulosan, Acting Fire ........................................................................................... David Segura, Interim Information Services ................................................................ Behzad Zamanian Library Services ....................................................................... Stephanie Beverage Police ....................................................................................... Robert Handy Public Works ............................................................................ Tom Herbel, Acting 79 Intentionally Left Blank lV 80 CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 FINANCE DEPARTMENT January 21, 2020 Dear Mayor and Members of the City Council: The City Council approved the establishment of Development Impact Fees through the enactment of Government Code Sections 66001 through 66009. Four ordinances has been adopted establishing Development Impact Fees for Parkland Acquisition and Park Facilities, Police Facilities, Fire Facilities, and Library. The law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. Additionally, three Public Works facilities improvement fees – Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation program – collected for development projects are also included in the annual compliance report requirement. In accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d), as amended by Assembly Bill (A) 518 and Senate Bill (SB) 1693, I hereby submit the Development Impact Fee (DIF) Report for the City of Huntington Beach, California for the fiscal year (FY) ended June 30, 2019. DIFs are charged by local governmental agencies in connection with approval of development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a DIF program are set forth in Government Code 66000-66025 (the “mitigation Fee Act”), the bulk of which was adopted as 1987’s AB 1600 and thus commonly referred to as “AB 1600 requirements”. DIFs are collected at the time a building permit is issued for mitigating the impacts caused by new development on the City’s infrastructure. Fees are used to finance the acquisition, construction and improvement of public facilities needed because of this new development. A separate fund has been established to account for the impact of new development on each of the following types of public facilities. State law requires the City prepare and make available to the public the DIF Report within 180 days after the last day of each fiscal year. The City Council must review the annual report at a regular scheduled public meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on December 23, 2019. Sincerely, Dahle Bulosan Acting Chief Financial Officer 1 81 Intentionally Left Blank 2 82 Introduction Legal Requirements for Development Impact Fee Reporting California Government Code Section 66006 (b) California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days of the close of the fiscal year, make available to the public the information shown below for the most recent fiscal year. a) A brief description of the type of fee in the account or fund. b) The amount of the fee. c) The beginning and ending balance of the account or fund. d) The amount of the fees collected and interest earned. e) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. f) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. g) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. h) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. California Government Code Section 66001 (d) For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted: a) Identify the purpose to which the fee is to be put. b) Demonstrate a reasonable relationship between the fee and purpose for which it is charged. c) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). d) Designate the approximate dates on which the funding referred to in subparagraph (c) is expected to be deposited into the appropriate account or fund. California Government Code Section 66002 The State of California Government Code Section 66002 states that: a) Any local agency, which levies a fee subject to Section 66001, may adopt a capital improvement plan, which shall indicate the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the fees. 3 83 Introduction California Government Code Section 66002 (Continued) b) The capital improvement plan shall be adopted by, and shall be annually updated by, a resolution of the governing body of the local agency adopted at a noticed public hearing. Notice of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county, which may be significantly affected by the capital improvement plan. This notice shall be given no later than the date the local agency notices the public hearing pursuant to Section 65090. The information in the notice shall be not less than the information contained in the notice of public hearing and shall be given by first-class mail or personal delivery. c) “Facility” or “improvement,” as used in this section, means any of the following: 1) Public buildings, including schools and related facilities; provided that school facilities shall not be included if Senate Bill 97 of the 1987–88 Regular Session is enacted and becomes effective on or before January 1, 1988. 2) Facilities for the storage, treatment, and distribution of nonagricultural water. 3) Facilities for the collection, treatment, reclamation, and disposal of sewage. 4) Facilities for the collection and disposal of storm waters and for flood control purposes. 5) Facilities for the generation of electricity and the distribution of gas and electricity. 6) Transportation and transit facilities, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities. 7) Parks and recreation facilities. 8) Any other capital project identified in the capital facilities plan adopted pursuant to Section 66002. 4 84 Introduction Description of Development Impact Fees Police Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3942, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.75 relating to Law Enforcement Facilities Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.75.090, the funds collected from the Police Facilities Development Impact Fee shall be used to fund the costs of providing police services attributable to new residential and nonresidential construction and shall include: 1) The costs of providing the acquisition, construction, furnishing of new buildings; 2) Purchase of new specialty equipment and vehicles 3) Development of a Master Plan to identify capital facilities; 4) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects Parkland Acquisition and Park Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3946, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.76 relating to Parkland Acquisition and Park Facilities Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.76.090, the funds collected from Parkland Acquisition and Park Facilities Development Impact Fee shall be used to fund the “costs of providing the acquisition, relocation and expansion of parkland and park facilities development, attributable to new residential and nonresidential construction.” Therefore, the expenses included in this report represent all costs associated with the planning, design, and construction stages of an eligible project, including staffing and professional design consultant costs. Specifically, the fees may be used as summarized below. 1) The acquisition of additional property for the expansion of parkland and community facilities development; 2) The construction of new parks and park facilities and community use facilities; 3) The funding of a master plan to identify capital facilities to serve new parkland and park facilities and community use facilities development; 4) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, the adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. 5 85 Introduction Parkland Acquisition and Park Facilities Development Impact Fees (Continued) Since the City’s CIP generally includes projects and upgrades to existing facilities of $50,000 or more, all eligible park improvements may not meet the minimum qualifications required to be included in the City’s CIP. However, projects and improvement less than the $50,000 threshold are still eligible park expenses as long as they are included in the documents referenced in item 4 above of the City’s adopted annual budget. Examples of these types of expenditures include the City’s annual park license fees with Southern California Edison. Since these expenses are included in the City’s budget, they are eligible and included in this report. Library Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3945, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.67 relating to Library Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.67.065, the funds collected from the Library Development Impact Fees shall be used to fund the costs of expansion of the amount of library space and the number of collection items attributed to the new residential construction and shall include: 1) The acquisition of additional property for Library construction; 2) The construction of new facilities for Library services; 3) The furnishing of new buildings or facilities for Library services; 4) The purchase of Library collections to expand collections; 5) The funding of master plan to identify capital facilities; 6) To serve new users and patrons; 7) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects. Fire Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3942, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.74 relating to Fire Facilities Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.74.090, the funds collected from the Fire Facilities Development Impact Fees shall be used to fund the costs of providing additional Fire suppression/medic facilities, vehicles and specialty equipment attributable to new residential and nonresidential construction and shall include: 1) The acquisition of additional property for Fire Department facilities; 2) The construction of new facilities for Fire Department services; 3) The furnishing of new buildings or facilities for Fire Department services; 4) The purchase of new specialty equipment and vehicles for Fire Department services; 5) The funding of a Master Plan to identify capital facilities to serve new Fire Department development; 6 86 Introduction Fire Facilities Development Impact Fees (Continued) 6) The cost of financing projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects. Fair Share Traffic Impact Mitigation Fee Program Fee Description: The Fair Share Traffic Impact Mitigation Fee Program (Traffic Impact Fee) is intended to implement the goals and objectives of the General Plan by providing revenue to ensure that the adopted Level of Service standards for arterial roadways and signalized intersections are maintained when new development is constructed within the City limits and that these developments pay their fair share towards short and long term transportation improvements. In accordance with Section 17.65.130 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Traffic Impact Fee for the City Council. The process also provides an opportunity for the Public Works Commission to review revenues and expenditures under the program. Uses of Traffic Impact Fee funds are restricted to roadway capacity projects or other projects that affect the performance of the street system to offset the impacts of traffic generated by new development. Often, these types of projects are quite expensive and can involve right-of-way acquisition and property impacts. Staff has been developing projects to address some key roadway capacity areas in the City that are also larger scale projects. With expenditures that can be millions of dollars, staff has recommended that the Traffic Impact Fee fund accumulate a significant balance in order to make pursuit of those projects financially possible in the future. However, it is important to develop a program for fund expenditure to ensure the timely use of funds that are collected under this program. Sanitary Sewer Facilities Fund Fee Description: The Sanitary Sewer Facilities Fund (Sewer Fund) is a development fee that is restricted to use for sewer capacity enhancements. The fee is unrelated to the monthly Sewer Service Charge used for operations and maintenance of the existing sewer system. In accordance with Section 14.36.070 (d) of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Sewer Fund for the City Council. The process also provides an opportunity for the Public Works Commission to review revenues and expenditures under the program. The Sewer Fund is intended to implement the goals and objectives of the current Sewer Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of sanitary sewer facilities. 7 87 Introduction Planned Local Drainage Facilities Fund Fee Description: The Planned Local Drainage Facilities Fund (Drainage Fund) is a development fee that is restricted to use for drainage system enhancement. In accordance with Section 14.48.050 (d) of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Drainage Fund for the City Council. The process also provides an opportunity for the Public Works Commission to review revenues and expenditures under the program. The Drainage Fund is intended to implement the goals and objectives of the current Drainage Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of drainage facilities. 8 88 Introduction Master Fee Schedule Development Impact Fees (per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF) Notes: * See Schedule Rates of Traffic Impact Fees, amended 12/17/2018 to include Accessory Dwelling Land Use Law Enforcement Facilities Fire Suppression Facilities Circulation Systems (Streets, Signals, Bridges) Public Library Facilities Parkland/ Open Space & Facilities (No Tract Map) Detached Dwelling Units (per Unit)362.05$ 844.11$ 2,385.00$ 1,179.72$ 16,554.73$ Attached Dwelling Units (per Unit)746.48$ 349.85$ 1,597.00$ 866.48$ 12,732.84$ Accessory Dwelling Units (per Unit)183.50$ 86.00$ *213.00$ 3,130.00$ Mobile Home Dwelling Units (per Unit)337.64$ 1,449.23$ 1,248.00$ 708.85$ 10,222.88$ Hotel/Motel Lodging Units (per Unit)No Fee No Fee $172/trip $0.041/SF $0.234/SF Resort Lodging Units (per Unit)No Fee No Fee $172/trip $0.041/SF $0.234/SF Commercial/Office Uses (per sq. ft.)0.953$ 0.301$ 4.175$ No Fee 0.897$ Industrial/Manufacturing Uses (per sq. ft.)0.406$ 0.0275$ 1.716$ No Fee 0.730$ 9 89 Introduction Master Fee Schedule Schedule of Rates for Traffic Impact Fees (per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit Condominium/ Townhouse 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364.01 /Unit Accessory Dwelling $ 341.00 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market (avg)107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position OTHER (as noted) Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) RESORT/TOURIST (per Unit or Entry Door) INDUSTRIAL ( per 1,000 SF) COMMERCIAL (per 1,000 SF) 10 90 Development Impact Fee Report Statement of Revenues, Expenditures and Changes in Fund Balance For the Fiscal Year Ended June 30, 2019* Development Impact Fees Description Parkland Acquisition & Park Facilities Police Facilities Fire Facilities Library Facilities Drainage Facilities Fund Sewer Facilities Fund Traffic Impact Fees REVENUES Fees 4,026,144 278,513 156,211 313,292 429,294 215,496 588,763 Interest 495,707 48,848 25,418 40,351 53,429 257,329 150,937 Other Revenue (386) (2,214) (1,088) Total Revenues 4,521,851 327,361 181,629 353,643 482,337 470,611 738,612 EXPENDITURES Expenditures 1,533,146 125,856 1,898,104 914,922 Total Expenditures 1,533,146 125,856 1,898,104 914,922 Rev Over/(Under) Exp 2,988,705 327,361 181,629 227,787 482,337 (1,427,493) (176,310) Beginning Fund Balance 12,318,074 1,202,716 621,460 994,363 1,259,064 7,990,553 4,425,053 Ending Fund Balance 15,306,779 1,530,077 803,089 1,222,150 1,741,401 6,563,060 4,248,743 * Note: Unaudited actual 11 91 Intentionally Left Blank 12 92 Financial Summary Report   Parkland Acquisitions and Park Facilities Development Impact Fees The Parkland Acquisition and Park Facilities Development Impact Fee program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plans by ensuring that the City’s acquisition, relocation and expansion of parkland and community facilities development are maintained when new development is constructed within the City limits (HBMC 17.76.020 (B). Fiscal Status This report presents the fund information based on the City’s preliminary audit for Fiscal Year 2018/19. The balance for the fund at the beginning of the fiscal year was $12,318,074. During FY 2018/19, the Parkland Acquisition and Park Facilities Development Impact Fee Fund recognized $4,026,144 in Impact Fees Paid, as well as $495,707 in interest and market adjustment for a total of $4,521,851. Expenditures from the fund totaled $1,533,146 for a wide range of projects, including a permanent parking lot in support of Shipley Nature Center in Huntington Central Park ($438,840), LeBard Park Acquisition ($316,800) as well as other various park and playground ADA equipment improvements. The fund balance at the end of the fiscal year was $15,306,779. For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years   Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 438,207 887,995 537,612 3,150,305 7,941,094 4,026,144 Interest 18,397 36,152 21,807 14,479 (29,654) 495,707 Other Revenue 150 Total Revenues 456,604 924,147 559,569 3,164,784 7,911,439 4,521,851 EXPENDITURES Expenditures 437,269 543,172 627,281 901,073 758,321 1,533,146 Total Expenditures 437,269 543,172 627,281 901,073 758,321 1,533,146 Rev Over/(Under) Exp 19,335 390,638 (67,712) 2,263,711 7,153,168 2,988,705 Beginning Fund Balance 2,558,934 2,578,269 2,968,907 2,901,195 5,164,906 12,318,074 Ending Fund Balance 2,578,269 2,968,907 2,901,195 5,164,906 12,318,074 15,306,779     Note: ^Reflects a 9-month fiscal period. An increase in revenue was due to the following development. FY 14/15: Pacific City, Pasea Hotel, and New Senior Center. FY 15/16: Pacific City, Waterfront Hilton Expansion, and New Beach Boulevard Medical Building. FY 16/17 and 17/18: Pacific City and Monogram final building. * Unaudited actual 13 93 Financial Summary Report   Parkland Acquisitions and Park Facilities Development Impact Fees (Continued) Planned Park Projects, Studies, and Expenditures The FY 2019/20 Capital Improvement Program (CIP) includes funding for ADA Lake Park Clubhouse Accessibility Improvements ($600,000) and Bartlett Park Loop Trail Improvements ($350,000). The CIP also includes $2,420,000 in park development impact funding for building and ADA accessibility improvements at both Murdy and Edison Community Centers (estimated completion date March 2021), ADA playground equipment improvements ($580,000), LeBard Park acquisition ($316,800), as well as Murdy Park Sports Field ($1.5 million). The combined total of these planned projects is $5,816,800 million. It is anticipated that the remaining projects will be completed by July 1, 2020. Future Project and Fund Balance Per HBMC 17.76.090 (A)(5), use of Parkland Acquisition and Park Facilities Development Impact Fee Funds are restricted to projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. Often, these types of projects require multiple years to plan and construct due to changing City priorities, community involvement, and the entitlement process. With expenditures totaling millions of dollars, staff recommends that the Parkland Acquisition and Park Facilities Development Impact Fee Fund accumulate a significant balance in order to make pursuit of those projects financially possible in the future. However, it is important to develop a program for fund expenditure to ensure the timely use of funds that are collected under this program. Staff also uses Parkland Acquisition and Park Facilities Development Impact Fee funds as a “matching fund” when pursuing park enhancement projects. Three such examples include the recent submittal of park development improvement projects for Schroeder, Carr, and Drew Parks. The combined requisite funding for these projects totals $5.08 million. If awarded, the Park Fund will cover $508,000 of the total amount. It is anticipated that these projects will be completed by July 2024. Looking forward, other potential uses include Edison Park Improvements (estimated at $3 million) with anticipated completion date of July 2024, Blufftop Trail Improvements (estimated at $2.3 million) with anticipated completion date of January 2021, Rodgers’ Senior Center Redevelopment (estimated at $1.75 million) with anticipated completion date of July 2024, Harbour View Clubhouse Improvements (estimated at $500,000) with anticipated completion date of July 2021. Continued Playground ADA Equipment improvements as listed on the City Council approved Park Playground & Equipment Replacement Priority List are also planned at an estimated cost of $2,420,000 with anticipated completion date of July 2024, as well as an update of the City’s Parks & Recreation Master Plan ($50,000) with anticipated completion date of March 2021. The combined total of all of these projects is $10,020,000. 14 94 Financial Summary Report   Parkland Acquisitions and Park Facilities Development Impact Fees (Continued) Summary of Revenue and Expenditures Parkland Acquisition & Park Facilities Development Impact Fee Fund* Beginning Balance 7/1/2018 $12,318,074 Revenue Developer Fees (Residential) 3,908,021 Developer Fees (Commercial) 38,327 Others, Interest, & Adjustments 575,503 Total Revenue $4,521,851 Expenditures Huntington Central Park Permanent Lot (165,528) Oakview & Marina Park Improvements (54,993) LeBard Park Acquisition (316,800) Various Park Improvements/Monument Signs (24,925) Park Leases (9,490) Murdy Park Sports Fields (85,706) Edison Park Playground (9,365) Community Center Improvements (106,311) Marina Park Improvements (29,975) Irby Park Improvements (73,399) Tarbox Park Improvements (97,187) Huntington Central Park Trail Improvements (55,680) Huntington Central Park Permanent Lot (273,312) Baca and Wardlow Park Playground Improvements (53,057) Personnel and Professional Services (177,417) Total Expenditures $(1,533,146) Beginning Balance 7/1/2019 $15,306,779   *Figures are rounded to the nearest dollar Conformance with Program Goals and Objectives The Park Development Impact Fee Program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as stated in the Municipal Code Chapter 17.76. Completion of the planned projects is in conformance with the goals and objectives of the Park Development Impact Fee program. The Parkland Acquisition and Park Facilities Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 15 95 Intentionally Left Blank 16 96 Financial Summary Report   Police Facilities Development Impact Fee  For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^FY 18/19* REVENUES Fees 214,736 110,689 137,073 253,771 461,454 278,513 Interest 312 3,652 3,475 2,333 (1,198) 48,848 Other Revenue Total Revenues 215,048 114,341 140,548 256,104 460,256 327,361 EXPENDITURES Expenditures Total Expenditures Rev Over/(Under) Exp 215,048 114,341 140,548 256,104 460,256 327,361 Beginning Fund Balance 16,419 231,467 345,808 486,356 742,460 1,202,716 Ending Fund Balance 231,467 345,808 486,356 742,460 1,202,716 1,530,077 Note: ^Reflects a 9-month fiscal period. *Unaudited actual The Police Facilities Development Impact Fees of $278,513 and a $48,848 interest/bank adjustment were posted in FY 2018/19. There were no expenditures during the Fiscal Year 2018/19 to the Police Facilities Development Impact Facilities funds. The Police Facilities Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 17 97 Intentionally Left Blank 18 98 Financial Summary Report   Fire Facilities Development Impact Fees For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 91,293 116,622 67,705 104,346 225,915 156,211 Interest 185 2,056 2,100 1,314 (552) 25,418 Other Revenue Total Revenues 91,478 118,678 69,805 105,660 225,363 181,629 EXPENDITURES Expenditures Total Expenditures Rev Over/(Under) Exp 91,478 118,678 69,805 105,660 225,363 181,629 Beginning Fund Balance 10,477 101,954 220,632 290,437 396,097 621,460 Ending Fund Balance 101,954 220,632 290,437 396,097 621,460 803,089  Note: ^Reflects a 9-month fiscal period. *Unaudited actual The Fire Facilities Development Impact Fees of $156,211 and a 25,418 interest/bank adjustment were posted in FY 2018/19. There were no expenditures during the Fiscal Year 2018/19 to the Fire Facilities Development Impact Facilities funds. No Fire Facilities Development Impact Fees were loaned during this reporting period. No refunds were made due to protests during this reporting period. The Fire Facilities Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report.                                19 99 Intentionally Left Blank 20 100 Financial Summary Report   Library Development Impact Fee  For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 120,154 233,382 64,147 208,080 532,513 313,292 Interest 604 3,943 2,827 1,651 (1,842) 40,351 Other Revenue Total Revenues 120,758 237,325 66,974 209,731 530,671 353,643 EXPENDITURES Expenditures 92,824 92,672 53,806 50,313 125,856 Total Expenditures 92,824 92,672 53,806 50,313 125,856 Rev Over/(Under) Exp 120,758 144,501 (25,698) 155,925 480,358 227,787 Beginning Fund Balance 118,519 239,277 383,778 358,080 514,005 994,363 Ending Fund Balance 239,277 383,778 358,080 514,005 994,363 1,222,150 Note: ^Reflects a 9-month fiscal period. *Unaudited actual The Library Development Impact Fees of $313,292 and a $40,351 interest/bank adjustment were posted in FY 2018/19. The expenditure incurred in FY 2018/19 of $125,856 include library collection such as books and media items (DVDs, books on CD and music CDs). The Library Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 21 101 Intentionally Left Blank 22 102 Financial Summary Report   Planned Local Drainage Facilities Fund For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 255,196 487,431 615,331 58,004 72,646 429,294 Interest 678 7,346 10,424 5,648 4,055 53,429 Other Revenue (386) Total Revenues 255,874 494,777 625,755 63,652 76,701 482,337 EXPENDITURES Expenditures 63,795 236,119 Total Expenditures 63,795 236,119 Rev Over/(Under) Exp 255,874 494,777 625,755 (143) (159,418) 482,337 Beginning Fund Balance 42,219 298,093 792,870 1,418,625 1,418,482 1,259,064 Ending Fund Balance 298,093 792,870 1,418,625 1,418,482 1,259,064 1,741,401 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Please see Request for Action Item submitted to Public Works Commission on October 16, 2019. The Planned Local Drainage Facilities Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 23 103 Intentionally Left Blank 24 104 Financial Summary Report   Sanitary Sewer Facilities Fund   For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 526,831 1,305,717 2,041,554 38,582 180,456 215,496 Interest 32,009 67,438 59,838 31,458 17,063 257,329 Other Revenue 176,310 238,535 12,310 45,058 (2,214) Total Revenues 735,150 1,611,690 2,101,392 82,350 242,577 470,611 EXPENDITURES Expenditures 626,864 78,300 92,110 159,127 341,264 1,898,104 Total Expenditures 626,864 78,300 92,110 159,127 341,264 1,898,104 Rev Over/(Under) Exp 108,286 1,533,390 2,009,282 (76,777) (98,687) (1,427,493) Beginning Fund Balance 4,515,059 4,623,345 6,156,735 8,166,017 8,089,240 7,990,553 Ending Fund Balance 4,623,345 6,156,735 8,166,017 8,089,240 7,990,553 6,563,060 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Please see Request for Action Item submitted to Public Works Commission on October 16, 2019. The Sanitary Sewer Facilities Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 25 105 Intentionally Left Blank 26 106 Financial Summary Report   Fair Share Traffic Impact Mitigation Fee Program   For the Fiscal Year Ended June 30, 2019 Last Five Fiscal Years Description FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18^ FY 18/19* REVENUES Fees 1,547,636 1,097,012 84,900 436,630 713,994 588,763 Interest 12,303 43,311 28,726 15,788 6,049 150,937 Other Revenue 10,682 925 362,078 70 (1,088) Total Revenues 1,570,621 1,140,323 114,551 814,496 720,113 738,612 EXPENDITURES Expenditures 11,441 163,821 563,921 610,801 90,191 914,922 Total Expenditures 11,441 163,821 563,921 610,801 90,191 914,922 Rev Over/(Under) Exp 1,559,181 976,502 (449,370) 203,695 629,922 (176,310) Beginning Fund Balance 1,505,123 3,064,304 4,040,806 3,591,436 3,795,131 4,425,053 Ending Fund Balance 3,064,304 4,040,806 3,591,436 3,795,131 4,425,053 4,248,743 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Please see Request for Action Item submitted to Public Works Commission on October 16, 2019. The Fair Share Traffic Mitigation Fee Program Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 27 107 Intentionally Left Blank 28 108 CITY OF HUNTINGTON BEACH PUBLIC WORKS COMMISSION REQUEST FOR ACTION SUBMITTED TO: Chairperson and Members of the Commission SUBMITTED BY: Travis K. Hopkins, PE, Director of Public Works DATE: Oc tober 16, 2019 SUBJECT: Annual Compliance Reports for the Sanitary Sewer Facilities Fund, Planned Local Drainage Fund and Traffic Impact Fee Fund for Fiscal Year 2018/19 Statement of Issue: In accordance with Sections 14.36, 14.48 and 17.65.13 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Sanitary Sewer Facilities Fund (Sanitary Sewer Fund), Planned Local Drainage Fund (Drainage Fund) and Traffic Impact Fee Fund (TIF) respectively for the City Council. The process provides an opportunity for the Public Works Commission to review planned projects, revenues and expenditures under the program. Funding Source: No funding is required for these actions. Impact on Future Maintenance Costs: Not applicable. Recommended Action: 1.Motion to recommend to the City Council the approval of the Annual Sanitary Sewer Facilities Fund Compliance Report for Fiscal Year 2018/19. 2.Motion to recommend to the City Council the approval of the Planned Local Drainage Facility Fund Compliance Report for Fiscal Year 2018/19. 3.Motion to recommend approval of the 2018/19 Traffic Impact Fee Annual Report to the City Council. Alternative Action(s): Recommend revisions to the reports. 29 109 Analysis: Sanitary Sewer Fund The Sanitary Sewer Fund is a development fee that is restricted to use for sewer capacity enhancements. The fee is unrelated to the monthly Sewer Service Charge used for operations and maintenance of the existing sewer system. Section 14.36.070 (d) requires the City Council to review the status of compliance with this Chapter, including the revenues collected and the funds expended. The following information conforms to the requirements of the HBMC regarding revenues and expenditures of the Sanitary Sewer Fund. Although this requirement became effective with the adoption of the revised ordinance in July 2003, the Sewer Facilities Fund has existed since 1988. The following information covers Fiscal Year (FY) 2018/19. Fiscal Status: Revenues and expenditures are summarized below for the past fiscal year. The fund balance as of July 1, 2018 was $7,990,553. Not included in this figure are monies owed the Sanitary Sewer Facilities Fund by the Huntington Beach Redevelopment Agency. The original advance was $131,000. With interest accrual, the debt amount for the fiscal year end was $463,577. On June 29, 2011, the State of California enacted AB1X26, which dissolves Redevelopment Agencies and designates Successor Agencies to “wind-down” activities of the former Redevelopment Agencies under supervision of newly created Oversight Boards. On January 31, 2012, the City’s Redevelopment Agency presented an initial draft Recognized Obligation Payment Schedule (ROPS) to the Successor Agency. In this case, the City has elected to become the Successor Agency. The debt noted above is included in the list of obligations; however, no payments are scheduled to the Sanitary Sewer Facilities Fund within the presented time frame. Revenues: Total revenue for FY 2018/19 was $470,611. Residential and commercial developer fees contributed $118,167 and $97,329 respectively. The fund was credited $255,115 in interest and adjustments. Budgeted revenue for FY 2018/19 was $100,000. Expenditures: Fiscal Year 2018/19 Expenditures for the fund in FY 2018/19 consisted of $664 in staff and consultant charges related to general planning and design. There were $1,894,590 in construction charges related to the Edgewater Lift Station Project. In addition, 30 110 there were $2,850 in design consultant charges for the Saybrook Lift Station Project. Total expenditures for the fiscal year were $1,898,104. Fiscal Year 2019/20 Budgeted expenditures for the current fiscal year include $2,300,000 for the construction of the Saybrook Lift Station, $45,263 in encumbrance carry-forwards related to construction of the Edgewater Lift Station, $200,000 for design of the New Britain Lift Station, and $2,462,676 in Capital Improvement Program (CIP) carry over funds for Slater Lift Station for a total of $5,004,939. Conformance with Program Goals and Objectives: The Sanitary Sewer Facilities Fund is intended to implement the goals and objectives of the current Sewer Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of sanitary sewer facilities. The Fund is in compliance with these requirements. Summary of Revenue and Expenditures Sanitary Sewer Facilities Fund* Beginning Balance 7/1/2018 $7,990,553 Revenue Developer Fees (Residential) 118,167 Developer Fees (Commercial) 97,329 Interest and Adjustments 255,115 Total Revenue $470,611 Expenditures Salaries (664) Consultant Services (2,850) Edgewater Lift Station Construction (1,894,590) Total Expenditures $(1,898,104) Beginning Balance 7/1/2019 $6,563,060 Budgeted Revenues 150,000 Budgeted Expenditures $(5,004,939) Estimated Balance 7/1/2020 $1,708,121 *Figures are rounded to the nearest dollar 31 111 Rate Structure Fiscal Year 2018/19 CITY SEWER CONNECTION FEES Effective July 1, 2018 Single Family Dwelling Unit $2,317 Multiple Family Dwelling Unit $1,895 Non-Residential (based on water meter size relationship to Equivalent Dwelling Unit, EDU ) Meter Size & Type EDU’s Charge 3/4” 1 $2,663 1” 2 $5,267 1 ½” 3 $7,901 2” 5 $13,170 3” 11 $28,974 4” Compound 17 $44,776 4” Domestic & Turbine 33 $86,919 6” Compound 33 $86,919 6” Domestic & Turbine 67 $176,469 8” Domestic 117 $308,163 10” Domestic 183 $479,241 Drainage Fund The Planned Local Drainage Facilities Fund (Drainage Fund) is a development fee that is restricted to use for drainage system enhancements. Section 14.48.050 (d) requires the City Council to review the status of compliance with this Chapter, including the revenues collected and the funds expended. The following information conforms to the requirements of the HBMC regarding revenues and expenditures of the Drainage Fund. Although the reporting requirement became effective with the adoption of the revised ordinance in September 2006, the Drainage Fund has existed since 1975. The following information covers Fiscal Year (FY) 2018/19. Fiscal Status The Drainage Fund advanced $250,000 to the Redevelopment Agency for improvements in 1987. With interest accrual of $603,877, the debt amount is currently $877,845. As a result, the Fund maintained a negative balance over a period of ten years until FY 12/13, when the fund ended with a positive balance. In FY 2018/19, the Drainage Fund ended the year with a balance of $1,741,401. On June, 29, 2011, the State of California enacted AB1X26, which dissolves redevelopment agencies and designates Successor Agencies to “wind-down” activities of the former redevelopment agencies under supervision of newly created Oversight Boards. On January, 31, 2012, the City’s Redevelopment 32 112 Agency presented an initial draft Recognized Obligation Payment Schedule (ROPS) to the Successor Agency. In this case, the City has elected to become the Successor Agency. The debt noted above is included in the list of obligations; however, no payments are scheduled to the Drainage Fund within the presented time frame. Revenues Revenue for FY 2018/19 from development was $429,294 and interest and market adjustments to the fund were $53,043 for total revenue of $482,337. Budgeted revenue for FY 2018/19 was $100,000. Expenditures No expenditures were budgeted or spent in FY 2018/19. Conformance with Program Goals and Objectives The Drainage Fund is intended to implement the goals and objectives of the current Drainage Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of drainage facilities. The Fund is in compliance with these requirements. Beginning Balance 7/1/18 $1,259,064 Revenue Developer fees 429,294 Interest earned 53,043 Total Revenue $482,337 Expenditures Drainage Master Plan (0) Total Expenditures 0) Beginning Balance 7/1/19 $1,741,401 Projected revenues 110,000 Budgeted expenditures (0) Estimated Balance 7/1/20 $1,851,401 Rate Schedule The Drainage Fee for FY 2018/19 was $14,497 per acre. Traffic Impact Fee Fund The Fair Share Traffic Impact Fee (TIF) program is intended to implement the goals and objectives of the General Plan by providing revenue to ensure that the adopted Level of Service standards for arterial roadways and signalized intersections are maintained when new development is constructed within the City limits and that these developments pay their fair share towards short and long term transportation improvements. The following sections comprise the annual report. 33 113 Fiscal Status This report presents the fund information based on the City’s preliminary audit for Fiscal Year 2018/19. The balance for the fund at the beginning of the fiscal year was $4,425,053. During FY 2018/19, the Traffic Impact Fee fund recognized, $588,763 in Impact Fees Paid, and $149,849 in interest and market adjustment for a total of $738,612. Expenditures from the fund included $10,611 in salary charges and $895,418 in capital improvement expenses for Atlanta Avenue Widening. In addition, there were $8,893 in expenditures related to new signal installation at Main/Utica/17th. Total expenditures were $914,922. The fund balance at the end of the fiscal year was $4,248,742. Planned Capital Projects, Studies and Expenditures The City Council approved Capital Improvement Program (CIP) carry over funding for Fiscal Year 2019/20 in the amount of $151,482 for the Atlanta Avenue Widening project and $349,132 of grant match funds for signal installation as part of a Highway Safety Improvement Program (HSIP) grant program. Encumbrance carry over funds from FY 2018/19 totaled $2,183,382. The revised budgeted expenditures against the fund total $2,683,996. Revenue for FY 2019/20 is estimated at $575,000. Future Project and Fund Balance Uses of Traffic Impact Fee funds are restricted to roadway capacity projects or other projects that affect the performance of the street system to offset the impacts of traffic generated by new development. Often, these types of projects are quite expensive and can involve right-of-way acquisition and property impacts. Staff has been developing projects to address some key roadway capacity areas in the City that are also larger scale projects. With expenditures that can be millions of dollars, staff has been recommending that the Traffic Impact Fee fund accumulate a significant balance in order to make pursuit of those projects financially possible in the future. However, it is important to develop a program for fund expenditure to ensure the timely use of funds that are collected under this program. Staff often uses Traffic Impact Fee funds as a “matching fund” when pursuing capacity enhancing grant projects. Two such examples are improvements at the intersections of Beach/Warner and Brookhurst/Adams. Both projects are key locations where future use of Traffic Impact Fee funds are expected. Between the 2 projects, more than $8 million in expenditures are anticipated. The City hopes to leverage Traffic Impact Fees to obtain grant funds for a portion of these costs. Other potential uses for funds include improvements to traffic operations and signal coordination throughout the traffic signal system and potential long- term improvements at the intersections of Beach Boulevard/Heil and Beach Boulevard/Talbert. The City has also applied for grant funding for future 34 114 improvements along the Edinger and Warner corridors that will improve signal operations and traffic flows. Traffic Impact Fee funds were designated for use as matching funds. These projects are expected to occur in FY2020/21 and would result in the use of $200,000 to $350,000 in Traffic Impact fees for our required matching funds, out of the more than $1.7 million in improvements. Summary of Revenue and Expenditures Traffic Impact Fund* Beginning Balance 7/1/18 $4,425,053 Revenue Traffic Impact Fees 588,763 Interest, market adjustments 149,849 Total Revenue $ 738,612 Expenditures Salaries (10,611) Atlanta Avenue Widening (895,418) Main/Utica/17th Signals (8,893) Total Expenditures $ (914,922) Beginning Balance 7/1/19 $4,248,742 Estimated Revenue 575,000 Budgeted Expenditures (2,683,996) Estimated Balance 7/1/20 $2,139,746 *amounts are rounded to the nearest dollar Conformance with Program Goals and Objectives The Traffic Impact Fee Program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as stated in the Municipal Code Chapter 17.65. Completion of the planned projects implements improvements identified in the Circulation Element of the General Plan and is in conformance with the goals and objectives of the Fair Share Traffic Impact Fee program. Environmental Status: Not applicable Attachments: PowerPoint Presentation – Fund Reports 18-19 35 115 Intentionally Left Blank 36 116 Development Impact Fee Project Identification The City’s current, Adopted Budget 2019-2020, which includes the Five-Year Capital Improvement Plan (CIP) 2019/20 – 2023/24 can be found on the City’s website at: https://huntingtonbeachca.gov/files/users/finance/FY-19-20-Adopted-Budget.pdf Funding of Infrastructure The FY 2019/20 – FY 2023/24 CIP identifies all funding sources and amounts for individual projects through FY 2023/24. The CIP is updated annually to reflect the current City’s infrastructure needs. As a CIP is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development. Once the determination of use is made, the percentage of use attributed to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community. CURRENT MAJOR CIP PROJECTS Parkland Acquisition and Park Facilities Development Impact Fees The Capital Improvement Plan for FY 2019/20 includes the construction of various park projects as listed below. Funds are also budgeted for park leases, professional services and personnel services. FY 2019/20 Bartlett Park Improvements - $350,000 Final phase of improvements to include a loop trail to connect all sections of the park. Lake Park Improvements - $600,000 Rehabilitation of the Clubhouse restrooms and picnic area is needed to improve accessibility and safety, as well as to comply with ADA requirements. Irby Park Improvements – $35,000 Complete construction of connecting ADA access pathways. Playground Improvements - $580,000 Many play units in the City are coming to the end of their life expectancy and are in need of replacement. In 2018, the City Council approved the City’s Park Playground Equipment Replacement Priority List. A total of 27 park playground units have been identified as in need of replacement and rehabilitation at a projected cost of $3.2 million. Murdy & Edison Community Center Building Improvements – $2,000,000 (FY 2019/20, FY 2020/21) Since Murdy and Edison Community Centers were constructed in the early 1970’s only limited interior improvements have been made. The current project includes rehabilitation of the buildings’ interiors in order to improve accessibility, safety and energy, as well as the addition of a ramp to comply with ADA requirements. FY 2020/21 Preliminary projects include continuation of playground equipment rehabilitation at various parks, demolition of picnic shelter and reconfiguration of adjacent tot lot at Huntington Central Park, as well as Harbour View Clubhouse Rehabilitation and Reconfiguration. FY 2021/22 Preliminary projects include continuation of playground equipment rehabilitation at various parks. 37 117 Development Impact Fee Project Identification Police Facilities Development Impact Fees Preliminary projects include the modernization and expansion of the main police station located at 2000 Main Street. The expansion includes additional male and female locker room spaces, a remodeled and modernized Dispatch Center, a dedicated armory building and additional community meeting spaces. The Police Facility project is currently in the design and cost estimation phase, which will be included in next year’s compliance report. Fire Facilities Development Impact Fees The Capital Improvement Plan for FY 2019/20 includes the construction for reconfiguration and renovation of Fires Station 5 – Lake dorm rooms, restrooms and kitchen and installation of ventilation and air conditioning system. This project is needed for gender accommodation and ADA compliance, The Fire Facilities Development Fees are eligible for expenditures related to providing additional Fire suppression and medic facilities, vehicles and equipment associated with residential and nonresidential construction. The Master Facilities Plan for the City of Huntington Beach, adopted in October 2011, identifies the following eligible projects: 1.Relocate Fire Station #8 (Heil) 2.Construct Station #8 (Heil) Apparatus Storage Facility 3.Construct a Single Bay/Quarters at Station #4 (Magnolia) 4.Acquire an Engine and Ambulance and for Station #4 (Magnolia) 5.Acquire an Additional Engine for Station #1 (Gothard) 6.Acquire an Additional Engine for Station #2 (Murdy) These projects will be evaluated and considered for submission in the FY 2020/21 budget process. Library Development Impact Fees The Library Development Impact Fees are eligible for expenditures related to costs for expanded or new library spaces and the number of collection items attributed to new residential construction. Future use of funds include expenditures for additional library collection materials, such as books and media items (DVD, books on CD and music CDs) and for a Library Facilities Master Plan, to direct future expansion and/or replacement of library facilities and expanded library spaces. Sanitary Sewer Facilities Fund The Capital Improvement Plan for FY 2018/19 through FY 2022/23 includes the Sewer Lift Station Reconstruction Project for an annual cost of $2.5 million. This will include the rehabilitation/upgrade of Edgewater (ongoing), Slater, Saybrook and New Britain sewer lift stations. Category 2018/19 2019/20 2020/21 2021/22 2022/23 Design/Environmental 200,000 200,000 200,000 200,000 200,000 Construction 2,150,000 2,150,000 2,150,000 2,150,000 2,150,000 Project Management 100,000 100,000 100,000 100,000 100,000 Supplementals 50,000 50,000 50,000 50,000 50,000 TOTAL 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Fiscal Year 38 118 Development Impact Fee Project Identification Planned Local Drainage Facilities Fund No current year CIP project is scheduled. The Drainage Master Plan has been updated. Staff is currently in the process of developing a five-year plan of future projects. Fair Share Traffic Impact Mitigation Fee Program Current year (FY 2018/19) includes $3,035,000 for the Atlanta Avenue Widening project. The City plans on utilizing Traffic Impact funds for future improvements along the Edinger and Warner corridors to improve signal operations and traffic flows. These projects are expected to occur in FY 2020/21 and will use Traffic Impact fees for our required matching funds, estimated to be $350,000 out of the more than $1.7 million in improvements. Other projects identified for FY 2021/22 thru 2022/23 include intersection improvements at Beach/Warner and Brookhurst/Adams, and signal improvements at Beach/Heil and Beach/Talbert. 39 119 Intentionally Left Blank 40 120 41 121 42 122 43 123 44 124 45 125 46 126 47 127 48 128 49 129 50 130 Page 2 Exhibit A Resolution No. 2018-85 Schedule of Rates for Traffic Impact Fees per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF) Adjusted Average Trip -end to Additional Cost per Cost per 1000 sq. ft, Land Use Trip Ends Distance Trip Trip Miles Trip Mile dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 Apartment 6.15 7.9 0. 5 Condominium/ 5.36 7.9 0.5 Townhouse Accessory Dwelling Mobile Home Dwelling 4.57 7.9 RESORT/TOURIST (per Unit or Entry Door) Hotel 6.29 7.6 All Suites Hotel 3.77 7.6 Motel 4.34 7.6 INDUSTRIAL ( per 1,000 SF) General Light Industrial 0.1/ Heavy Industrial 5.97 Manufacturing 2.73 Warehousing 4.39 COMMERCIAL (per 1,000 SF) Office Park 7.42 Research Park 5.01 Business Park 9.34 Bldg. Materials/Lumber Store Garden Center Movie Theater Church Medical -Dental Office General Office Building Shopping Center Hospital Discount Center High -Turnover Restaurant Convenience Market Office Park OTHER (as noted) Cemetery Service Station/Market avg) Service Station w/Car 0. 5 0.5 0. 5 0. 5 0.5 0.5 0. 5 0. 5 34.6 $ 64.34 $ 24.3 $ 64.34 $ 21.2 $ 64.34 $ 18.1 $ 64.34 $ 23.9 $ 64.34 $ 14.3 $ 64. 34 $ 16.5 $ 64.34 $ 27.8 64. 34 26.9 64. 34 12.3 64.34 19.8 64. 34 8.8 0.51 32.6 64. 34 1 $ 8.8 0.5 22.0 64. 34 8.8 0.51 41.1 64.34 4.31 0.5 63.11 $ 64. 34 1 $ 23.45 4.3 0.5 50.4 64. 34 2.47 4.3 0.5 5.3 64.34 5.92 4.3 0.5 12.7 64.34 22.21 8.8 0.5 97.7 64.34 7.16 8.8 0.5 31.5 64.34 30.2 4.3 0.5 64.9 64.34 11.42 4.3 0.5 24.6 64.34 62. 93 4.3 0.5 135.3 64.34 8.9 4.3 0.5 19.1 64.34 43.571 4.31 0.5 93.7 64.34 13.971 4.31 0.51 30.0 64.34 3.07 4.3 107.69 4.3 99.35 4.3 2,226.16 /Unit 1,563.46 Unit 1,364.01 Unit 341.00 Unit 1,164.55 Unit 1,537.73 /Room 920.06 /Room 1,061.61 /Room 1,788.65 /1,000 sf 1,730.75 /1,000 sf 791.38 /1,000 sf 1,273.93 /1,000 sf 2,097.48 /1,000 sf 1,415.48 /1,000 sf 2,644.37 /1,000 sf 4.059.85 1 /1.000 sf 3,242.74 1,000 sf 341.00 1,000 sf 817.12 1,000 sf 6,286.02 1,000 sf 2,026.71 1,000 sf 4,175.67 1,000 sf 1,582.76 1,000 sf 8,705.20 1,000 sf 1,228.89 1,000 sf 6,028.66 1,000 sf 1.930.20 1.000 sf 0.5 6.6 $ 64.34 $ 424.64 /Acre Fuel 0.5 231.5 $ 64.34 $ 14,894.71 Position Fuel 0.5 213.6 $ 64.34 $ 13,743.02 Position 51 131 52 132 53 133 54 134 55 135 56 136 57 137 58 138 59 139 60 140 61 141 City of Huntington Beach Accessory Dwelling Unit DIF Calculation Report December, 2018 impact. Therefore, to be conservative, it is recommended that the City adopt an ADU fee that is only 25% of the attached dwelling unit DIF. This action would recognize that an individual ADU will have some impact on City services but would allow the City to recognize the State Legislature's encouragement that cities and counties consider the spirit/intent of the new ADU laws, that is to create additional smaller housing supply alternatives without overwhelming financial barriers. The fee has to be separated into the five individual impact fees identified in the 2012 report and resolution. Table 1, following, demonstrates this. Table 1- 1 Calculation of an Attached Dwelling Unit Per Imposed Infrastructure -based Development Impact Fee Infrastructure Calculated Development Impact Fee Percent of DIF Imposed Adopted Impact Fee/Unit City Staff Recommended Percentage DIF Impact Cost Per ADU Law Enforcement 815 90.1 % 734 25.0% 183.50 Fire Suppression 382 90.1 % 344 25.0% 86.00 Circulation System 1,657 96.4% 1,597 25.0% 399.25 Storm Drainage 397 0. 0% 0 25.0% 0.00 Library Facilities 908 93.8% 852 25.0% 213.00 Park Land et. al. 13,835 90.5% 12,520 25.0% 3,130.00 Total 17,994 89.2% 16,047 25.0% 4,011.75 The five required Government Code §66000 findings within each chapter would apply to the imposition/collection of ADUs DIFs also. The fees collected would be used to finance the same projects specifically identified in each corresponding infrastructure chapter in the 2012 DIF Calculation and Nexus Report. The portion of the DIF proceeds for Law Enforcement Facilities, Vehicles and Equipment Infrastructure (about 4.6% of the total) would be limited to projects identified on Schedule 3.1, page 37 of the 2012 DIF Calculation and Nexus Report or pages 6 through 9 of the accompanying 2012 Master Facilities Plan. The portion of the DIF proceeds for Fire Suppression/Medic Facilities, Vehicles and Equipment infrastructure (about 2.1% of the total) would be limited to projects identified on Schedule 4.1, page 51 of the 2012 DIF Calculation and Nexus Report or pages 12 through 17 of the accompanying 2012 Master Facilities Plan. Revenue and Cost Service, LLC, Fullerton CA, 92831 7 833 62 142 63 143 Council/Agency Meeting Held: ALAALOIL_d___ Deferred/Continued to: 6/4'/41,91, ,6hi://a) U Approved 1:1 Conditionally Approved 0 Denied 0/LetPCity ler ignat f Council Meeting Date: May 7, 2012 Department ID Number: PL 2012-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: Honorable Mayor and City Council Members Fred A. Wilson, City Manager Bob Hall, Deputy City Manager Revise the City's Existing Development Impact Fees by adopting Resolution No. 2012-23 and Ordinance Nos. 3942 through 3947 Statement of Issue: Transmitted for City Council consideration are revisions to the City's existing Development Impact Fees. With the assistance of Revenue & Cost Specialists, L.L.C. staff has evaluated the City's public services needs for the next twenty years and analyzed what the future development opportunities were based on General Plan land use. From that Revenue & Cost Specialists, L.L.C. compared the future City's needs with the potential build out and derived these revised/new Development Impact Fees included in the Development Impact Fee Calculation and Nexus Report. Financial Impact: Adoption of the recommended impact fees (new and updates) will generate approximately $154.8 million through General Plan Build-out. This represents an approximately $20 million increase over the currently adopted impact fees. Recommended Action: Motion to: A) Adopt Resolution No. 2012 - 23, "A Resolution of the City Council of the City of Huntington Beach Adopting the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, and Establishing New and Revised Development Impact Fees For All Development Within the City;" and, B) Approve for introduction Ordinance No. 3942, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.75 Relating to Development Impact Fees for Police Facilities;" and, C) Approve for introduction Ordinance No. 3943, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.74 Relating to Development Impact Fees for Fire Facilities;" and, D) Approve for introduction Ordinance No. 3944, "An Ordinance of the City of Huntington Beach Amending Chapter 17.65 of the Huntington Beach Municipal Code Relating to Traffic Impact Fees;" and, Item 9. - I HB -136- 64 144 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 E) Approve for introduction Ordinance No. 3945, "An Ordinance of the City of Huntington Beach Deleting Chapter 17.66 of the Huntington Beach Municipal Code and Adding Chapter 17.67 Relating to Library Development Impact Fees;" and, F) Approve for introduction Ordinance No. 3946, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.76 Relating to Parkland Acquisition and Park Facilities Development Impact Fees;" and, G) Approve for introduction Ordinance No. 3947, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.73 Relating to the General Provisions for Development Impact Fees." Alternative Action(s): The City Council may make the following alternative motions: 1. Do not adopt Resolution #2012-23 and Ordinances #3942-3947, updating the proposed development impact fees leaving fees at current levels. 2. Make changes to the recommended fees and adopt as amended. 3. Continue the Development Impact Fee Calculation and Nexus Report and direct staff accordingly. Analysis: BACKGROUND Development Impact fees are one-time charges applied to offset the additional public-service costs of new development. Fees are proposed to be assessed at the time a building permit is issued and rededicated to providing additional services, such as water and sewer systems, roads, libraries, and parks and recreation facilities, made necessary by the increase in number of new residents in the area. The funds cannot be used for operation, maintenance, repair or replacement of existing capital facilities. The amount of the proposed fee is clearly linked to the added service cost. The development community has requested that the City of Huntington Beach make it easier for potential developers to calculate all impact fees from the early design stage of their project and to defer payment of the development impact fees to the issuance of the Certificate of Occupancy or Final Building Permit Approval. The actions in this report address only Development Impact Fees. Fees charged under the Subdivision Map Act will be addressed separately at a later date. These fees are Quimby and Drainage fees. STAFF ANALYSIS AND RECOMMENDATION: The City of Huntington Beach is getting close to full build-out and development of the remaining vacant parcels as well as renovation/construction of existing homes and businesses. New development results in increased demand that must be absorbed by the existing HB -137- Item 9. - 2 65 145 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 infrastructure. Currently the city collects development impact fees for traffic, library development, and park land/open space. Working with staff, Revenue & Cost Specialist, L.L.C. generated a Master Facilities Plan for theoretical General Plan build-out of the City. The Master Facilities Plan indentifies all growth-related capital projects required to accommodate new City development through General Plan build-out. Using information in the Master Facilities Plan, a Development Impact Fee Calculation Report was generated. The purpose of the report is to assure that the impacts created by new development pays a fair share of the proportional costs required for expansion of all development within the City of Huntington Beach. On April 27, 2012 the Nexus report dated October 2011 was amended. Due to additional costs associated with the accounting, collection and state mandated tracking Park Land/Open Space Fee and the Public Meeting Facilities fee were collapsed into one fee, now called the Park Land Acquisition and Park Facilities Development Fee. This was undertaken to provide the City greater flexibility to address the City's capital project needs and priorities over time. The Development Impact Report contemplates two new fees, police and fire, and updates the existing traffic, library, and park land/open space impact fees (Attachment No. 1) based on the City's changing requirement for public safety, streets and signals and other quality-of-life facilities. Attachment No. 9 is a comparison of current impact fees and proposed impact fees. The paragraphs to follow provide additional, detailed analysis of the changes sought to each type of fee. Law Enforcement Facilities, Vehicles, and Equipment Fee (New) The purpose of the new Law Enforcement Facilities, Vehicles and Equipment Fee is to collect proportional contributions from new development to pay for additional required law enforcement facilities, vehicles and equipment. New development can be expected to generate additional law enforcement calls for service. Different types of development will create proportional levels of calls for service that generate law enforcement response. Additional sworn officers are necessary to respond to the increased demands for service and these fees will offset the added costs of housing and equipping the additional required officers. The proposed resolution establishes the actual amount of the new Law Enforcement Development Impact Fee. The resolution also specifies that the proposed fees be used solely for expanding or increasing capacity within the law enforcement facilities and to increase the number of enforcement vehicles and specialty equipment. Fire Suppression/Medic Facilities Vehicles and Equipment Fee (New) The purpose of this new fee is to provide proportional financial contributions as a result of new development to pay for additional fire suppression/emergency medical response facilities, vehicles and specialized equipment. In order to be able to continue to respond to an ever- increasing number of expected emergency calls, fire department staff has determined the need for the relocation of one fire station (as opposed to adding a ninth) and expanding one existing fire station. Having the right type and inventory of fire stations in the right locations enables the City's policy makers to house firefighters, apparatus and equipment to provide for maximum use of resources. Item 9. - 3 HB -138- 66 146 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 The proposed resolution establishes the actual amount of the Fair Share Fire Department Impact Fee. The resolution specifies that the proposed fees would be used solely to acquire additional fire facilities, vehicles and specialized equipment required to respond to additional calls for service (related to the new development) necessary to maintain the capability of responding to calls to the existing community. Fees will be used to finance the construction or acquisition of fire suppression/emergency medical facilities, vehicles and specialized equipment identified in the Master Facilities Plan that are necessary to accommodate anticipated and planned development in the community. Circulation (Streets, Signals and Bridges) System Fee (Updated) The Fair Share Traffic Impact Fee collects proportional contributions from new development to pay for additional circulation system capacity by creating more travel lanes or more efficient street use to accommodate the additional trip-miles created by new development. Improvements take the form of construction of new travel lanes including the widening of streets, installation and modification of traffic signals to accommodate changes in traffic patterns and improving the infrastructure of our traffic signal system to enable development of better signal coordination. Improvements for pedestrians, bicycles and transit may also be included in these improvements. The current Traffic Impact Fee is $172 per net new trip generated by a proposed development. The recommended update to the Traffic Impact Fee slightly modifies the methodology for proportioning the cost to users, resulting in slightly increased fees for some uses and slightly lower fees for others. In general, the recommended methodology shifts fees from commercial uses to residential uses. The new methodology better reflects the actual impacts to the street system by not only accounting for the number of trips generated by the land use, but also the average length of the trip. This approach is based on the concept that a longer trip has greater potential to impact multiple locations within the circulation system. The proposed methodology is predicated on distributing the estimated $23,867,660 in circulation system improvement costs needed to serve additional traffic generated by new development. This process results in a "per unit" fee which can be assessed on new development. The "per unit" fee is developed based on typical trip generation rates for specific uses and also factors in the average length of a trip associated with that type of use. The "per unit" fee reflects the prorated fair share costs of improvements based on the number of trip- miles generated by the particular land use category. Rates recommended for adoption are based on a daily trip-mile of $64.34. This represents 10% less than the amount recommended in the Development Impact Fee Calculation Report due to the elimination of approximately $2.7 million in maintenance facility and equipment costs previously included in the calculation. The current Traffic Impact Fee was established using a fair share methodology based only on the number of trips generated by a particular land use. The following example is presented to generally describe the difference in methodology: If a typical single family home generates 8.8 trips per day the Traffic Impact Fee under the current program ($172 per trip) is $1,513. If a medium sized shopping center generates 30 trips/1000 square feet of floor area the Traffic Impact Fee under the current program is $5,160/1000 sf. HB -139- Item 9. - 4 67 147 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 Under the current program, with a trip length factor included (3.95 miles/trip for residential and 2.15 miles per trip for shopping center) the rates change to $2,482/dwelling unit and $4,655/1000 sf of floor area for the shopping center. While 1,000 square feet of floor area in a shopping center generates more than 3 times the number of trips of one single family home, the shopping center only generates approximately 85% more trip miles. The resolution specifies that the proposed fees would be used solely for circulation system capacity improvements. This information is generally identified in Use of the Fee section the report. The ordinance modifications are necessary to revise Chapter 17.65 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial development projects. Public Library Facilities and Collection Fee (Updated) The current Library Development fee was initially adopted in 1998. A Library Facilities Impact Fee imposed on residential development would allow the City to expand on existing facilities to ensure the City's existing and new residents have adequate and sufficient access to enjoy the library space and collections. The City of Huntington Beach, through its General Plan, and Facility Master Plan has established its commitment to maintaining current standards of library services. The Library Development Fee, along with other City revenue sources, will allow the City to expand facilities and enhance collections to accommodate projected growth and increased demand for service. The development of any acreage zoned for residential use increases the demand on the finite amount of library space and collection items. Thus, those residential land uses that generate a higher number of residents will pay a proportionally higher amount. There is no information available demonstrating a substantive link between library use and local businesses. Library use is primarily by residents as opposed to business persons. Therefore, there are no fees being collected for commercial or industrial construction. The resolution specifies that the fees would be used solely for support of library services and facilities. Funds collected from the Public Library Fee shall be used to cover the cost of expansion of library space and collection items needed to meet the increased demands of residential growth and development. Funds can be used to acquire additional property, construct new facilities, furnish new buildings or facilities, purchase collection materials, funding for master plans or other studies to identify capital needs and the cost of financing. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing facilities. Ordinance modifications are necessary to revise Chapter 17.66 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial development projects. Park Land Acquisition and Park Facilities Development Fee (Updated) On December 16, 2002 The City Council adopted Resolution 2001-129 with findings that stated, "the purpose of the fee is for the development and improvements 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 Park Fee Study are met." Item 9. - 5 HB -140- 68 148 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 The proposed fees presented herein do not change this approved purpose, but merely update the methodology used in calculating the fee based on the latest land values, future population, and build-out projections cited in the new "Development Impact Fee Calculation and Nexus Report" completed by Revenue and Cost Specialists L.L.C. in October 2011. As referenced in the October 2011 report, the City owns or has long-term control of 778.41 acres of traditional park land, with about 87.9% developed. It is anticipated that the City will need to acquire 70.5 acres in park land to serve the additional projected 17,089 residents at build-out. The challenge facing the City is to provide new facilities and park land to serve the recreational needs of new residents. The proposed fees are based on the estimated per acre acquisition and development costs as presented in Schedule 9.1 factored by the City's existing park standards, and then multiplied by the average number of persons per type of dwelling unit. Currently this fee is $0.86 per square foot and applies to all new residential development (new construction and additions) the fee is paid at the time of permit issuance for all new residential development. The proposed fee will apply to new residential units only; it will no longer apply to residential room additions or expansions. This will result in an elimination of the per square foot fee for residential development, however a square foot fee will continue to be applied to all non-residential development. In addition, it should be noted that currently Ordinance No. 3596 of Chapter 254 of the Zoning and Subdivision Ordinance exempts mobile homes from Park Impact fees. The proposed fees would require the payment of $11,169 per mobile home dwelling unit. However, in an effort to implement the proposed fees in a timely manner and since there no applications on file for approval of a mobile home park, staff is recommending that the mobile home exemption be extended until such time that Ordinance No. 3596 can be revised to reflect the new fees. Projected population increases will also place additional demands on existing community centers, and other community use facilities (such as the City's clubhouses, the Beach Public Service Center, Shipley Nature Center, etc). The Park Acquisition and Park Facilities Development Fee will enable the City to meet the added demands created by the construction of additional residential dwelling units to maintain the current standard of 0.620 square feet per person for the Public Facility use space. IMPLEMENTATION In order to mitigate the impact of increasing Law Enforcement Facilities Fee, Fire Suppression Facilities Fee, Circulation System Fee, and the Park Land Acquisition and Park Facilities Development Fee, the proposed resolution is to have a "phased" implementation for the detached, attached and mobile home residential unit fees. The Public Library Fee will not be phased in. While the goal is to generate adequate funding to serve the increased demands of development, the phased implementation would allow for a more gradual increase over a three year period and not inhibit development in a difficult economy. That is, the phased approach would increase the detached, attached and mobile home residential unit to 70% of recommended fee in the first year beginning July 20, 2012, then increasing to 80% effective July 20, 2013, reaching 90% on July 20, 2014, and remaining at 90% of the recommendation. Beginning in March 2016, a CPI adjustment factor would be used to adjust those fees until a new study is funded. Using a Detached Dwelling as an example, HB -141- Item 9. - 6 69 149 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 the total development impact fee 100% recovery amount of $22,829 would not be implemented. Beginning July 20, 2012, the amount would be $16,331/unit. On July 20, 2013 the fee would increase to $18,499/unit. On July 20, 2014, the fee would be $20,655 and would remain at the 90% level. Currently, all fees are collected at the time of building permit issuance. It is recommended that the fees be collected at the time the impact is imposed on the system; therefore later in the development process at final building permit approval or issuance of the Certificate of Occupancy. Regarding development projects that have already received zoning entitlement approval (i.e., CUP, SPR, Variances, etc), there is proposed to be a "grandfathering" of existing development impact fees. Section 8, Fees Imposed, of the Fee Resolution (Attachment No. 1) describes the criteria for being "grandfathered" which basically states that new development impact fees shall not apply to those development projects that have received discretionary project entitlement approval on or before May 7, 2012 and the following milestones are met: 1. Project has submitted an approved application for building permits within 180 days after the fee going into effect or no later than January 20, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect, no later than July 20, 2013. An exception to these milestones is when there is involvement by an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. All other projects are subject to the new fees, which go into effect July 20, 2012 SUMMARY Staff is recommending approval of the proposed resolution and ordinances based on the following reasons: • The per unit fee established herein allows developers to easily calculate development impact fees • The fees established herein meet the City's changing requirement for public safety, streets and signals, storm drainage and other quality of life facilities • Allows for payment of Developer Impact fees at the time the impact is imposed on the system, therefore later in the development process. Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Item 9. - 7 HB -142- 70 150 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 Attachment(s): ., esc:ption 1. Resolution No. 2012 - 23 "A Resolution of the City Council of the City of Huntington Beach adopting the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, and establishing new and revised Development Impact Fees." 2. Ordinance No. 3942 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.75 relating to Development Impact Fees for Police Facilities ." 3. Ordinance No. 3943 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.74 relating to Development Impact Fees for Fire Facilities." 4. Ordinance No. 3944 "An Ordinance of the City of Huntington Beach amending Chapter 17.65 of the Huntington Beach Municipal Code relating to Traffic Impact Fees." 5. Ordinance No. 3945 "An Ordinance of the City of Huntington Beach deleting Chapter 17.66 of the Huntington Beach Municipal Code and adding Chapter 17.67 relating to Library Development Impact Fees." 6. Ordinance No. 3946 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.76 relating to Parkland Acquisition and Park Facilities Development Impact Fees." 7. Ordinance No. 3947 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.73 relating to the General Provisions for Development Impact Fees." 8. Comparison of Current vs. Proposed Development Impact Fees 9. Master Facilities Plan, prepared by Revenue & Cost Specialists, L.L.C. October 2011, (Amended April 27, 2012) 10. Development Impact Fee Calculation and Nexus Report, prepared by Revenue & Cost Specialists, L.L.0 October 2011, (Amended April 27, 2012) 71 151 ATTACHMENT #1 72 152 RESOLUTION NO, 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF HUNTING TON BEACH, AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City; and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently, and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development; those fees are set forth in Resolutions 6164, 2006- 23, 2000-97, 2004-88, 99-60 and 96-71; 2002-129, 2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees; and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees; and 1 12-3209.006/79289 73 153 Resolution No. 2012-23 The City has collected development impact fees to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions; and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report; and In compliance with the Mitigation Fee Act, California Government Code section 66000 et seq., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Findings pursuant to Government Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus Report. The City Council hereby determines that the fees imposed, pursuant to this resolution shall be used solely to finance the public facilities and/or equipment and park land acquisition described or identified in the respective ordinances and Nexus Report. 3. Approval of Items in the Nexus Report. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12-3209.006/79289 74 154 Resolution No. 2012-23 4. Consistency with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. Differentiation among Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CEQA Finding. The adoption of the Nexus Report and the increase in development impact fees are not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a "project" under CEQA. 7. Adoption of Report. The Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5, 2012 and the following milestones are met: 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects. All other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12-3209.006/79289 75 155 Resolution No. 2012-23 taken by City Council adopting the ordinances or resolution referenced herein, resolutions 6164, 2006-23, 2000-97, 99-60, 2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit "A," attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2, 6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, from March to March of the preceding twelve (12) months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to existing ordinances and resolutions shall be maintained and used exclusively for those purposes and accounts for these fees shall remain in effect and shall be maintained by the City Manager or his/her designee. Fees collected under any of the categories listed in the Nexus Report may be used to finance the construction or implementation of any public facility listed in those categories to the extent that use of the fees may not exceed the percentage allocated to new development of all of the public facilities listed in the category, or sub-category. 12. Fee Determination by Type of Use. A. Residential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. B. Nonresidential Land Uses. Development impact fees for nonresidential land uses shall be based upon the square footage of the building or other measurement detailed in the respective development impact fee ordinances. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. C. Uses Not Specified. In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or 4 12-3209.006/79289 76 156 Resolution No. 2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities, equipment and/or park land. 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60, 2000-97, 2004-88 and 2006-23, 2002-129, 2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified in attached Exhibit "A" adopted by this resolution shall take effect sixty (60) days following final action taken on the respective ordinances or amendments thereto by the City Council. 16. Appeals. Appeals of any fees, including methodology, use, land valuation etc. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17.73. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor REVIEWED AND APPROVED: City Manager 1NITTirop„Ldr a gOVED: j 4d1. 100 111t Deputy City Manager APPROVED AS TO FORM: C---1-6ty Attorne y 5 12-3209.006/79289 77 157 Resolution No. 2012-23 EXHIBIT A 78 158 Land Use Resolution No. 2012-23 Exhibit A: Staff Recommendation Development Impact Fees (Effective 9/2/2012) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $277 $571 $258 $455 $532 $1.041 $0.443 $645 $267 $1,108 $356 $794 $0.329 $0.030 $1,737 $1,220 $909 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $12,500 $9,685 $7,818 $459 $359 $0.954 $0.772 *Represents 70% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) Land Use Development Impact Fees (Effective 9/2/2013) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $317 $652 $295 $455 $532 $1.041 $0.443 $738 $306 $1,266 $356 $794 $0.329 $0.030 $1,986 $1,395 $1,039 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $14,286 $11,068 $8,935 $459 $359 $0.954 $0.772 *Represents 80% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) June 4 Consultant-Staff Recom Fee Date Printed: 5/24/2012 79 159 Land Use Resolution No. 2012-23 Exhibit A: Staff Recommendation Development Impact Fees (Effective 9/2/2014) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $356 $734 $332 $455 $532 $1.041 $0.443 $830 $344 $1,425 $356 $794 $0.329 $0.030 $2,226 $1,563 $1,165 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $16,071 $12,452 $10,052 $459 $359 $0.954 $0.772 *Represents 90% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) June 4 Consultant-Staff Recom Fee Date Printed: 5/24/2012 80 160 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 $ 1,737.61 /Unit Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1,220.35 /Unit Condominium/Townhou se 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit RESORT/TOURIST (per Unit or Entry Door) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room iNpusTRIAL41 per tow SF) General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf commp3ppw(por, 1;001§E) Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf OTHER(as noted) Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market (avg) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position Page 3 81 161 6.151 7 .91 0.51 24.31 $ 57.39 1 $ 5.361 7.91 0.51 21.21 $ 57.39 1 $ 4.571 7.9 0.51 18.11$ 57.39 1$ 1,038.76 1/Unit Apartment Condominium/ Townhouse Mobile Home Dwelling 1,394.58 /Unit 1,216.67 /Unit 0.5 4.3 50.4 $ 64.34 $ 3,242.74 /1,000 sf 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf /Fuel Position 0.5 213.6 $ 64.34 $ 13,743.02 23.45 2.47 5.92 22.21 7.16 8.8 30.2 4.3 11.42 4.3 62.93 8.9 4.3 43.57 4.3 13.97 4.3 3.07 4.3 107.69 4.3 99.35 4.3 4.3 Office Park Research Park Business Park Bldg. Materials/Lumber Store Garden Center Movie Theater Church Medical-Dental Office General Office Building Shopping Center Hospital Discount Center High-Turnover Restaurant Convenience Market Office Park OTHER (as noted) Cemetery Service Station/Market (avg) Service Station w/Car Wash 7.42 8.8 0.5 32.6 $ 64.34 $ 5.01 8.8 0.5 22.0 $ 64.34 $ 9.34 8.8 0.5 41.1 $ 64.34 $ 29.351 4.31 0.51 63.11$ 64.34 1$ 4.3 $ 64.34 341.00 /1,000 sf 0.5 5.3 4.3 12.7 $ 64.34 817.12 /1,000 sf 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf 8.8 0.5 2,097.48 /1,000 sf 1,415.48 /1,000 sf 2,644.37 /1,000 sf 4,059 85 /1,000 sf 64.9 $ 64.34 $ 4,175.67 /1,000 sf 24.6 $ 64.34 $ 1,582.76 /1,000 sf 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf 0.5 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf 6.6 $ 64.34 $ 424.64 1/Acre /Fuel 231.5 $ 64.34 $ 14,894.71 1 Position 0.5 0.5 0.5 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2013) Adjusted Average Trip-end to Additional Cost per Cost per 1000 sq. ft, Land Use Trip Ends Distance Trip Trip Miles Trip Mile dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.761 7 .9 1 0.51 34.61 $ 57.39 1 $ 1,985.69 1/Unit RESORT/TOURIST (per Unit or Entry Door Hotel 6.29 3.77 4.34 7.6 7.6 7.6 0.5 0.5 0.5 23.9 14.3 16.5 $ 64.34 $ 64.34 $ 64.34 $ 1,537.73 /Room 920.06 /Room $ 1,061.61 /Room All Suites Hotel Motel INDUSTRIAL ( per 1,000 SF) General Light Industrial Heavy Industrial Manufacturing Warehousing COMMERCIAL (per 1,000 SF) 6.17 9.0 5.97 9.0 2.73 9.0 4.39 9.0 27.8 $ 64.34 $ 1,788.65 /1,000 sf 26.9 $ 64.34 $ 1,730.75 /1,000 sf 12.3 $ 64.34 $ 791.38 /1,000 sf 19.8 $ 64.34 $ 1,273.93 /1,000 sf 0.5 0.5 0.5 0.5 Page 4 82 162 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND::LISES:(Per'Unit):. Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit Condominium/ Townhouse 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364.01 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit Rp:O.RT/TRVI:31.ST (per unit or gotit Door) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room INpusTRim, (:pek1j0:00 SP):, General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf COMMERCIAL (per 1,000 $F)::: Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf OTHER (as noted.: Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market Sag ) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Poon Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position Page 5 83 163 84 164 85 165 86 166 87 167 88 168 89 169 90 170 91 171 92 172 93 173 94 174 95 175 Exhibit A-3 Aternative Fee SclifedtAntsi89.S°12-23 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip , Additional Trip Miles Cost per Trip Mile Recommended Cost per 1000 sq. ft, dwelling unit or other unit (90% of original) 30% Increase Scenario Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 1,737.61 /Unit 1,722.55 /Unit Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1,220.35 /Unit $ 1,209.50 /Unit Condominium/Townhouse 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit 1,054.55 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit 899.59 /Unit RESORT/TOURIST (per Unit or Entry Door Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room $ 1,218.63 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room 729.93 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 841.02 /Room INDUSTRIAL ( per 1,000 SF) General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf $ 1,279.46 /1 ,000 Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf $ 1,238.01 c/f1,000 Manufacturing 2.'73 9.0 0.5 '12.3 $ 64.34 $ 791.38 /1,000 sf 566.11 , /1,000 cf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf 910.74 /1,000 cf COMMERCIAL (per 1,000 SF) Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf $ 1,522.61 000 /1, sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf $ 1 ,027.85 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf $ 1,917.85 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 4.559.89 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,470.08 /10 00 ' sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 11,000 sf $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf OTHER (as noted) Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 /Acre Service Station/Market (avg) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Position $ 14,894.71 /Fuel Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position $ 13,743.02 /Fuel Position Page 2 96 176 97 177 98 178 ATTACHMENT #2 99 179 ORDINANCE NO. 3942 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.75 RELATING TO DEVELOPMENT IMPACT FEES FOR POLICE FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 17.73, said chapter to read as follows: Chapter 17.75 POLICE FACILITIES DEVELOPMENT IMPACT FEES Sections 17.75.010 Legislative findings. 17.75.020 Intent and Purpose. 17.75.030 Definitions. 17.75.040 Police Facilities Development Impact Fee. 17.75.050 Fund Established. 17.75.060 Fee imposed. 17.75.070 Calculation of Police Facilities Development Impact Fee. 17.75.075 Fee Payments for Phased Development Projects 17.75.076 Fee Adjustments. 17.75.080 Payment of fee. 17.75.090 Use of funds. 17.75.100 Refund. 17.75.110 Exemptions and credits. 17.75.120 Appeals. 17.75.130 Credit for Construction of Non-Site Related Improvements. 17.75.140 Eligible Expenditures from Fee Reserve Account 17.75.150 Annual report and amendment procedures. 17.75.160 Effect of Police Facilities Development Impact Fee on zoning and subdivision regulations. 17.75.170 Violation—Penalty. 17.75.180 Severability. 12-3209.001/78649 100 180 Ordinance No. 3942 17.75.010 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact Development Impact Fees. B. The imposition of Development Impact Fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of increased police services and facilities which are needed to serve the increasing development in the City. D. Pursuant to the "Development Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional police services attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition of additional property for police facilities; the construction of buildings for police services; the furnishing of buildings or facilities for police services; and the purchasing of equipment and vehicles for police services. E. The fees collected pursuant to this Chapter shall be used to finance the police facilities and equipment identified in herein in furtherance of the City's General Plan, as well as the Nexus Report and its attached Master Facilities Plan and the City of Huntington Beach Capital Improvement Plan. F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared. This study is included in the Nexus Report. G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the police facilities and equipment set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the facilities and equipment or portion thereof attributable to the development on which the fee is imposed. 2 12-3209.001/78649 101 181 Ordinance No. 3942 17.75.020 — Intent and Purpose. A Police Facilities Development Impact Fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional facility and equipment and vehicle costs required to support needed police facilities and related costs necessary to accommodate such development. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan, and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's police services 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 Police Department, 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 and Master Facilities Plan, a part of the Nexus Report. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.75.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.75.040 - Police Facilities Development Impact Fee. There is imposed a Police Facilities Development Impact Fee on all new non-subdivided Residential and Nonresidential development. 17.75.050 - Fund established. A Police Facilities Development Impact Fee fund is established. The Police Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment as set forth in the Nexus Report which includes the Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 17.75.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee Ordinance, seeks to engage in non-subdivided Residential or Nonresidential development including mobilehome development by obtaining a building permit or other discretionary approval is required to pay a Police Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. 3 12-3209.001/78649 102 182 Ordinance No. 3942 B. No certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for a mobilehome pad or pads, as applicable, for the activities listed in this Chapter, shall be issued unless and until the Police Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.75.070 - Calculation of Police Facilities Development Impact Fee. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Police Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director of Planning and Building shall calculate the amount of the applicable Police Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Police Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Police Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Police Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Police Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.75.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of 4 12-3209.001/78649 103 183 Ordinance No. 3942 the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.75.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.75.080 - Payment of fee. A. The City shall collect from the applicant the Police Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B. Except for any administrative charge allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Police Facilities Development Impact Fee fund and used solely for the purposes specified in this Chapter. 17.75.090 - Use of funds. A. Funds collected from the Police Facilities Development Impact Fee shall be used to fund the costs of providing additional police services attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for law enforcement facilities; 2. The construction of new facilities for law enforcement services; 3. The furnishing of new buildings or facilities for law enforcement services; 4. The purchase of new specialty equipment and vehicles for law enforcement services; 5. The funding of a master plan to identify capital facilities to serve new police department development; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings, and/or existing vehicles or equipment. 5 12-3209.001/78649 104 184 Ordinance No. 3942 C.Revenue raised would be limited to capitalized cost related to growth. D.In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Police Facilities Development Impact Fees may be expended, Development Impact Fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E.Funds may be used to provide refunds as described in this Chapter. 17.75.100 - Refund. A.Any applicant who has paid a Police Facilities Development Impact Fee pursuant to this Chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Police Facilities Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Police Facilities Development Impact Fee actually paid. B.Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C.City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been 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. 17.74.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or mobilehome construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to 6 12-3209.001/78649 105 185 Ordinance No. 3942 the same procedure as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted from payment of the Police Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional police services will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional police services will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional police services over and above those provided by the principal building or use of the land; d. The installation of a replacement mobilehome on a lot or other such site when a Police Facilities Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in 7 12-3209.001/78649 106 186 Ordinance No. 3942 the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in- interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Police Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.75.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.74.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements 17.75.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time 8 12-3209.001/78649 107 187 Ordinance No. 3942 to document the reasonable fair share of the costs to mitigate the police services impacts of new development. 17.75.150 - Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Police Chief of the City of Huntington Beach shall evaluate progress in implementation of the Police Facilities Development Impact Fee program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The police facilities and equipment commenced, purchased or completed utilizing monies from this Police Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Police Facilities Development Impact Fees in the fund; and 4. Recommended changes to the Police Facilities Development Impact Fee, including, but not necessarily limited to changes in this Police Facilities Development Impact Fee chapter or the fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Police Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Police Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Police Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.75.160 - Effect of Police Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.75.170 - Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal 9 12-3209.001/78649 108 188 Chief of Police INITIATED AND APPROVED: APPROVED AS TO FORM: Ordinance No. 3942 prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.75.180 - Severabilitv. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July , 20 12 10 12-3209.001/78649 109 189 ATTACHMENT #3 110 190 ORDINANCE NO. 3943 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.74 RELATING TO THE DEVELOPMENT IMPACT FEES FOR FIRE FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 17.74, said chapter to read as follows: Chanter 17.74 FIRE FACILITIES DEVELOPMENT IMPACT FEE Sections 17.74.010 Legislative findings. 17.74.020 Intent and Purpose. 17.74.030 Definitions 17.74.040 Fire Facilities Development Impact Fee. 17.74.050 Fund Established. 17.74.060 Fee imposed. 17.74.070 Calculation of Fire Facilities Development Impact Fee. 17.74.075 Fee Payments for Phased Development Projects 17.74.076 Fee Adjustments 17.74.080 Payment of fee. 17.74.090 Use of funds. 17.74.100 Refund. 17.74.110 Exemptions and credits. 17.74.120 Appeals 17.74.130 Credit for Construction of Non-Site Related Improvements. 17.74.140 Eligible Expenditures from Fee Reserve Account 17.74.150 Annual report and amendment procedures. 17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision regulations. 17.74.170 Violation—Penalty. 17.74.180 Severability. 1 12-3209.001/78650 111 191 Ordinance No. 3943 17.74.010 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact Development Impact Fees. B. The imposition of Development Impact Fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of increased fire suppression/medic facilities, vehicles and specialty equipment which are needed to serve the increasing development in the City. D. Pursuant to the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional fire suppression/medic facilities, vehicles and specialty equipment attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles. E. The fees collected pursuant to this Chapter shall be used to finance the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles identified herein in furtherance of the City General Plan, the Nexus Report and its attached Master Facilities Plan, and the City of Huntington Beach Master Improvement Plan. F. A detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles has been prepared. This study is included in the Nexus Report. G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of 2 12-3209.001/78650 112 192 Ordinance No. 3943 the facilities and equipment or portion thereof attributable to the development on which the fee is imposed. 17.74.020 — Intent and Purpose. A Fire Facilities Development Impact Fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional facility and equipment and vehicle costs required to support needed acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles and related costs necessary to accommodate such development. This Chapter is intended to implement goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan, which is a part of the Nexus Report, and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and the increase in the number of emergency response vehicles 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 Fire Department, 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, the Nexus Report and its attached Master Facilities 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 chapter provisions which may authorize the imposition of conditions on development. 17.74.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.74.040 - Fire Facilities Development Impact Fee. There is imposed a Fire Facilities Development Impact Fee on all non-subdivided, new Residential and Nonresidential development. 17.74.050 - Fund established. A Fire Facilities Development Impact Fee fund is established. The Fire Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of Fire facilities and equipment as set forth the Nexus Report which includes the Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new Residential and Nonresidential construction 3 12-3209.001178650 113 193 Ordinance No. 3943 17.74.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee, seeks to engage in non-subdivided Residential or Nonresidential development including mobilehome development by obtaining a building permit or other discretionary approval is required to pay a Fire Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. B. No certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for a mobilehome pad or pads, as applicable, for the activities listed in this Chapter, shall be issued unless and until the Fire Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.74.070 - Calculation of Fire Facilities Development Impact Fee. A. At the time of the issuance of the building peimit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Fire Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Fire Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Fire Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Fire Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Fire Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Fire Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use. 4 12-3209.001/78650 114 194 Ordinance No. 3943 17.74.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.74.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.74.080 Payment of fee. A. The City shall collect from the applicant the Fire Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B. Except for any administrative allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Fire Facilities Development Impact Fee fund and used solely for the purposes specified in this Chapter. 17.74.090 Use of funds. A. Funds collected from the Fire Facilities Development Impact Fee shall be used to fund the costs of providing additional Fire suppression/medic facilities, vehicles and specialty equipment attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for fire department facilities; 2. The construction of new facilities for fire department services; 3. The furnishing of new buildings or facilities for fire department services; 4. The purchase of new specialty equipment and vehicles for fire department services; 5. The funding of a master plan to identify capital facilities to serve new Fire Department development; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved development projects. 5 12-3209.001/78650 115 195 Ordinance No. 3943 B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings, and/or existing vehicles or equipment. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Fire Facilities Development Impact Fees may be expended, Development Impact Fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.74.100 Refund. A. Any applicant who has paid a Fire Facilities Development Impact Fee pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Fire Facilities Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Fire Facilities Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been 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. 6 12-3209.001/78650 116 196 Ordinance No. 3943 17.74.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or mobilehome construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in this Chapter 17.73. The following shall be exempted from payment of the Fire Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional Fire suppression/medic facilities, vehicles and specialty equipment will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional Fire suppression/medic facilities, vehicles and specialty equipment will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional Fire suppression/medic facilities, vehicles and specialty equipment over and above those provided by the principal building or use of the land; d. The installation of a replacement mobilehome on a lot or other such site when a Fire Facilities Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very 7 12-3209.001/78650 117 197 Ordinance No. 3943 low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Fire Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.74.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.74.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-fire-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements 17.74.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to document the 8 12-3209.001/78650 118 198 Ordinance No. 3943 reasonable fair share of the costs to mitigate the fire suppression/medic facilities, vehicles and specialty equipment impacts of new development. 17.74.150 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Fire Chief of the City of Huntington Beach shall evaluate progress in implementation of the Fire Facilities Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The Fire facilities and equipment commenced, purchased or completed utilizing monies from the Fire Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Fire Facilities Development Impact Fees in the fund; and 4. Recommended changes to the Fire Facilities Development Impact Fee, including, but not necessarily limited to changes in this Fire Facilities Development Impact Fee chapter or the fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Fire Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Fire Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Fire Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.74.170 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.74.180 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall 9 12-3209.001/78650 119 199 ATTEST: City Clerk ?,PROVED AS TO FORM: City Attorney Ordinance No. 3943 be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor REVIEWED AND APPROVED: City Manager 10 12-3209.001/78650 120 200 ATTACHMENT #4 121 201 ORDINANCE NO. 3944 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.65 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO TRAFFIC IMPACT FEES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 17.65.015 is hereby added to Chapter 17.65, said section to read as follows: 17.65.015 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B. The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of street, traffic signal and bridge improvements which are needed to serve the increasing development in the City. D. Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional street, traffic signal and bridge improvements attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify existing circulation system elements. E. The fees collected pursuant to this Chapter shall be used to finance the possible acquisition and expansion of circulation systems identified herein in furtherance of the City's General Plan, as well as the Master Facilities Plan which is part of the Nexus Plan and the City of Huntington Beach Capital Improvement Plan. F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the potential acquisition and expansion of circulation systems has been prepared. This study is included in the Nexus Report. 12-3209.004/76802 1 122 202 Ordinance No. 3944 G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the potential acquisition and expansion of existing circulation system elements and increase the number of vehicles set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the system or portion thereof attributable to the development on which the fee is imposed. SECTION 2. Sections 17.65.050, 17.64.070, 17.65.090, 17.65.100, and 17.65.120 of the Huntington Beach Municipal Code are hereby amended to read as follows: 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, 60 days 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 in the current City of Huntington Beach Fee Resolution separately adopted. The City Council shall, by resolution, set the specific amount of the fee, applicability 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 public improvements to be constructed, and describe the estimated cost of these facilities. This fee shall be adjusted as provided in the resolution setting the specific amount of the Fee. 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 trip-miles 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 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. 12-3209.004/76802 2 123 203 Ordinance No. 3944 (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. (3827-4/09, 3879-6/10) (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. (3827-4/09, 3879-6/10) 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 project of the nature or type identified in the Master Facilities Plan, which is part of the Nexus Report, within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been 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 Master Facilities Plan otherwise required by this Chapter, if the applicant agrees to dedicate right-of-way needed for, or construct a traffic improvement listed in the Master Facilities Plan. 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. 12-3209.004/76802 3 124 204 125 205 Director- of Beblic Works City Manager Ordinance No. 3944 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, except to the extent that new development contributes to the further degradation of operations, nor shall Reserve Account funds be used for periodic surface transportation system maintenance. SECTION 3. Sections 17.65.030, 17.65.040, and 17.65.080 are hereby deleted in entirety from this chapter. SECTION 4. Section 17.65.050 is hereby added to this chapter, said section to read as follows: 17.65.150 Severabilitv. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. All other sections of Chapter 17.65 not modified by this ordinance shall remain in full force and effect. SECTION 6. 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 day of , 20_. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: APPROVED AS TO FORM: 1 12-3209.004/76802 5 126 206 127 207 128 208 129 209 130 210 131 211 132 212 133 213 134 214 KEY INSERTIONS: Double underline DELETIONS Strikethrough the Transportation System Needs Analysis Master Facilities Plan, 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. Reimburse the City for the construction of surface transportation projects of the nature or type identified in the Transportation System Needs Analysis Master Facilities Plan, 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 Needs Analysis Master Facilities Plan. (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, except to the extent that new development contributes to the further degradation of operations, 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 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 foiinula 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. (3617-10/03) 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, Huntington Beach Municipal Code Chapter 17.65 Page 9 of 11 6/2/10 12-3209.004/78740 (b) 135 215 136 216 ATTACHMENT #5 137 217 138 218 Ordinance No. 3945 17.67.010 Intent and Purpose. The purpose of this Chapter is to establish a Library Development Impact Fee upon future Development Projects, an equitable share of the cost of mitigating future Library Facility needs created by such projects. A Library Development Impact Fee is being created for the purpose of assuring that the impacts created by new developments in the City of Huntington Beach pay a fair share of the proportional costs required for expansion of library facilities and collections. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following recommendations in the Master Facilities Plan, a part of the Nexus Report (as described below), and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's expansion of library facilities and collections 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 Library Services, 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 and Master Facilities Plan a part of the Nexus Repor6. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.67.015 Legislative Findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B. The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential development in the City increases the demand on the amount of library space and collection items. D. Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional library services attributable to applicable new residential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the expansion of the amount of library facilities space and the number of collection items in the systems. 12-3209.005/77615 2 139 219 140 220 Ordinance No. 3945 must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted from payment of the Library Development Impact Fee: 1. Residential development. a.Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional library services will be provided over and above those provided by the existing building; b.The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional library services will be required over and above those provided by the original use of the land; c.The construction of residential accessory buildings, structures or uses which will not require additional library services over and above those provided by the principal building or use of the land; d.The installation of a replacement mobilehome on a lot or other such site when a Library Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e.Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (I) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall 12-3209.005/77615 4 141 221 Ordinance No. 3945 subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Library Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.67.045 Calculation of Required Fees. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Library Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Library Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Library Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Library Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location in a structure containing mixed uses which include a residential use, and multiplying the same by the Library Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Library Development Impact Fee amount as established by the current fee resolution. The 12-3209.005/77615 5 142 222 Ordinance No. 3945 gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.67.050 Payment of Fees. A The City shall collect from the applicant the Library Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B Except for any adjustment charge allocated to the City all funds collected shall be properly identified and promptly transferred for deposit in the library facilities impact fee fund and used solely for the purposes specified in this Chapter. 17.67.055 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.67.060 - Refund. A. Any applicant who has paid a Library Development Impact Fee pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Library Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Library Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section MUST be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees 12-3209.005/77615 6 143 223 Ordinance No. 3945 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. 17.67.065 Use of Funds A. Funds collected from the Library Development Impact Fee shall be used to fund the costs of expansion of the amount of library space and the number of collection items in the Library's collection attributable to new residential construction and shall include: 1. The acquisition of additional property for Library expansion; 2. The construction of new facilities for Library Services; 3. The furnishing of new buildings or facilities for Library Services; 4. The purchase of Library collections to expand the collections; 5. The funding of a master plan to identify capital facilities to serve new users and patrons; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Library Development Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.67.070 Fee Adjustments Shall be as set forth in Chapter 17.73 of this Code 12-3209.005/77615 7 144 224 Ordinance No. 3945 17.67.072 Appeals Shall be as set forth in Chapter 17.73 of this Code 17.67.075 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall include acceptable engineering drawings, specifications and construction cost estimates submitted to the Director. The Director shall determine 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 Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements. 17.67.080 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the impact of new development on the expansion of Library Services and collections. 17.67.090 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Director of Library Services of the City of Huntington Beach shall evaluate progress in implementation of the Library Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The expansion of Library Services and collections commenced, purchased or completed utilizing monies from the Library Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Library Development Impact Fees in the fund; and Recommended changes to the Library Development Impact Fee, including, but not necessarily limited to changes in this Library Development Impact Fee chapter or fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Library Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which 12-3209.005/77615 8 145 225 INITIATED AND V_ED: .25-7;--- Dire&o(Of Efbrary Services C.) Ordinance No. 3945 increases the amount of the Library Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Library Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.67.100 Effect of Library Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.67.110 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.67.120 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 3. 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 day of , 20 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager 12-3209.005/77615 9 146 226 ATTACHMENT #6 147 227 ORDINANCE NO. 3946 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.76 RELATING TO PARKLAND ACQUISITION AND PARK FACILITIES DEVELOPMENT IMPACT FEES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 17.76, said chapter to read as follows: Chapter 17.76 PARKLAND ACQUISITION AND PARK FACILITIES DEVELOPMENT IMPACT FEES Sections 17.76.010 Legislative findings. 17.76.020 Intent and Purpose. 17.76.030 Definitions. 17.76.040 Parkland Acquisition, and Park Facilities Development Impact Fee. 17.76.050 Fund Established. 17.76.060 Fee imposed. 17.76.070 Calculation of Parkland Acquisition and Park Facilities Development Impact Fee. 17.76.075 Fee Payments for Phased Development Projects 17.76.076 Fee Adjustments. 17.76.080 Payment of fee. 17.76.090 Use of funds. 17.76.100 Refund. 17.76.110 Exemptions and credits. 17.76.120 Appeals. 17.76.130 Credit for Construction of Non-Site Related Improvements. 17.76.140 Eligible Expenditures from Fee Reserve Account 17.76.150 Annual report and amendment procedures. 17.76.160 Effect of Parkland Acquisition and Park Facilities Development Impact Fee on zoning and subdivision regulations. 17.76.170 Violation—Penalty. 17.76.180 Severability. 1 12-3209.002/79301 148 228 Ordinance No. 3946 17.76.010 - Legislative findings. A.The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B.The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C.A well-planned park system, with a variation in the size and nature of facilities offered is an important amenity to residents of the City. The City considers a mixture of passive and active park space uses optimal. Future residential development that does not require subdivision, will impact the City's existing park system by creating additional park users thus necessitating additional space for athletic fields, community facilities "tot lots," and other active uses and passive uses as well as passive space for businesses to enjoy. D.Funds to pay for the cost of acquisition and development of additional parkland and development of currently owned but underutilized parkland as well as development of facilities will be needed to serve the increasing users caused by development in the City. Without additional parks, parks development and community facilities, the City's current parks and community facilities will become overcrowded and overused. E.Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of parkland acquisition, park development and community facilities attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition, relocation and expansion of parkland and park development and community facilities. F.The fees collected pursuant to this Chapter shall be used to finance the acquisition, relocation and expansion of parkland, park development, and community facilities in furtherance of the City General Plan, as well as identified in the Nexus Report, and the attached City of Huntington Beach Master Facilities Development Plan, and the City of Huntington Beach Capital Improvement Plan. F. A detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the acquisition, relocation and expansion of parkland and park facilities development is set forth in the Nexus Report. G.As set forth in the Nexus Report, there is a reasonable relationship between the need for the acquisition, relocation and expansion of parkland, park development, 2 12-3209.002/79301 149 229 Ordinance No. 3946 community facilities, and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the facilities or portion thereof attributable to the development on which the fee is imposed. 17.76.020 — Intent and Purpose. A Parkland Acquisition and Park Facilities Development Impact fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional costs for the acquisition, relocation and expansion of parkland, park development and community use facilities and related costs necessary to accommodate such development. This fee was once identified as a development impact fee in Resolution 2002-129 created pursuant to Huntington Beach Zoning and Subdivision Ordinance section 230.20. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of parkland and conu -nunity facilities development are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's parklands, together with funding available from other City revenue sources, the City will be able to purchase land and construct the required capital improvements to accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan and Master Facilities Plan a part of the Nexus Report. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.76.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.76.040 - Parkland Acquisition and Park Facilities Development Impact Fee. There is imposed a Parkland Acquisition and Park Facilities Development Impact Fee on all non- subdivided new residential and nonresidential development. 17.76.050 - Fund established. A Parkland Acquisition and Park Facilities Development Impact Fee fund is established. The Parkland Acquisition and Park Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of parldand acquisition and community facilities development as set forth in Chapter 8 of the Nexus Report which includes the City of Huntington Beach Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 3 12-3209.002/79301 150 230 Ordinance No. 3946 17.76.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee, seeks to engage in non-subdivided Residential or Nonresidential development by obtaining a building permit or other discretionary approval is required to pay a Parkland Acquisition and Park Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. B. No certificate of occupancy, temporary certificate of occupancy, or building permit approval for the activities listed in this Chapter, shall be issued unless and until the Parkland Acquisition and Park Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.76.070 - Calculation of Parkland Acquisition and Park Facilities Development Impact Fee. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Parkland Acquisition and Park Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Parkland Acquisition and Park Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area or number of lodging units, type of use and location in a structure containing mixed uses which include 4 12-3209.002/79301 151 231 Ordinance No. 3946 two (2) or more nonresidential principal uses, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.76.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building pelinits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.76.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.76.080 Payment of fee. A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final building permit approval. B. Except for any administrative charge allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Parkland Acquisition and Park Facilities Development Impact Fee fund and used solely for the- purposes specified in this Chapter. 17.76.090 Use of funds. A. Funds collected from the Parkland Acquisition and Park Facilities Development Impact Fee shall be used to fund the costs of providing the acquisition, relocation and expansion of parkland and park facilities development attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for the expansion of parkland and community facilities development; 2. The construction of new parks and park facilities and community use facilities (except for non-residential as set forth in the Nexus report) and; 3. The funding of a master plan to identify capital facilities to serve new parkland and park facilities and community use facilities development; 4. The cost of financing (e.g., interest payments). 5 12-3209.002/79301 152 232 Ordinance No. 3946 5. Projects identified in City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing parkland or park facilities or community facilities. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Parkland Acquisition and Park Facilities Development Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.76.100 Refund. A. Any applicant who has paid a Parkland Acquisition and Park Facilities Development Impact Fee(s) pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Parkland Acquisition and Park Facilities Development Impact Fee the Fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Parkland Acquisition and Park Facilities Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Parkland Acquisition and Park Facilities Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73.030 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been 6 12-3209.002/79301 153 233 Ordinance No. 3946 initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds, will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.76.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in this Chapter 17.73. The following shall be exempted from payment of the Parkland Acquisition and Park Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed, and where no additional relocation and expansion of parkland and park facilities development will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional relocation or expansion of parkland and park facilities development will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional acquisition, relocation or expansion of parkland and park facilities development over and above those provided by the principal building or use of the land; d. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety 7 12-3209.002/79301 154 234 Ordinance No. 3946 Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Parkland Acquisition and Park Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or , and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the development impact fees established by this Chapter. 17.76.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.76.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements. 17.76.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to 8 12-3209.002/79301 155 235 Ordinance No. 3946 document the reasonable fair share of the costs to mitigate the acquisition, relocation and expansion of parkland and park facilities development impacts of new development. 17.76.150 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Deputy City Manager of the City of Huntington Beach shall evaluate progress in implementation of the Parkland Acquisition and Park Facilities Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. Any parkland acquisition, park development and community facilities development commenced, purchased or completed utilizing monies from the Parkland Acquisition and Park Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Parkland Acquisition and Park Facilities Development Impact Fees in the fund; and 4. Any recommended changes to the Parkland Acquisition and Park Facilities Development Impact Fee, including, but not necessarily limited to changes in this Parkland Acquisition and Park Facilities Development Impact Fee chapter or fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Parkland Acquisition and Park Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Parkland Acquisition and Park Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Parkland Acquisition and Park Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.76.160 Effect of Parkland Acquisition And Park Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 9 12-3209.002/79301 156 236 City Attorney 5, Ordinance No. 3946 17.76.170 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.76.180 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor ATTEST: City Clerk INITI lig AN bac ROVED: 141111,74S" AW Deputy City Manager REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager 10 12-3209.002/79301 157 237 ATTACHMENT #7 158 238 159 239 Ordinance No. 3947 (g) "City Manager" means the City Manager or his/her designee of the City of Huntington Beach. (h) "Collect" or "collection" means the point in time at which the development impact fee(s) are paid by the applicant. Collection will occur on the date of final inspection or the date a certificate of occupancy or temporary certificate of occupancy, whichever occurs first, or in the case of a mobilehome pad or pads, collection will occur at or on the date of construction approval is issued. "Collections" shall mean books, magazines, DVDs, compact disks, computer programs, digital resources and other reference and circulation materials. (j) "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. (k) "Community Use Facilities" shall mean facilities dedicated for community use for social, community and educational groups. (1) "Detached Dwelling Unit" shall mean a detached building or buildings designed primarily for use as a dwelling, with one or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen and bathroom areas, no portion of which is rented as a separate unit. (m) "Development" means the addition of new dwelling units and/or new nonresidential square footage to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit and certificate of occupancy for such construction, reconstruction or use. Development may also include expanded uses that create additional impacts on City facilities, infrastructure or park land. Development also includes the approval and construction of new mobilehome pads in existing or new mobilehome parks or sites, but not including the following so long as no additional dwelling units or gross floor area is added: 1. A permit to operate; 2. A permit for the internal alteration, remodeling, rehabilitation, or other improvements or modifications to an existing structure; 3. The rebuilding of a structure destroyed by an act of God or the rehabilitation or replacement of a building in order to comply with the City's seismic safety requirements; 4. Parking facilities; or 5. The rehabilitation or replacement of a building destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance except where said destruction was caused or in any manner accomplished, instigated, 12-3209.003/78647 2 160 240 Ordinance No. 3947 motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location. (n) "Development Project" means any residential, commercial or industrial 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. (o) "Director" may mean the Director of Community Services; Director of Library Services; Director of Planning and Building, or Director of Public Works. "Dwelling unit" or "DU" is as defined in Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance ("ZSO"). (q) "Fee resolution" means and refers to the City resolution specifying the development impact fee(s) per dwelling unit or mobilehome pad for residential development and per gross square foot of floor area for nonresidential development, by type and by location. (r) "Fees Calculation Report" shall mean the report prepared for the City entitled "Development Impact Fee(s) Calculation and Nexus Report for the City of Huntington Beach" dated October, 2011. (s) "Floor Area" shall mean the area of all floors and levels as defined in the ZSO. (t) "Government or Public Facilities" shall mean publicly owned buildings and structures used for the purposes of conducting City, County, State of 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. (u) "Gross square feet" or "gsf" means the area of a nonresidential development measured from the exterior building lines of each floor with respect to enclosed spaces but excluding parking spaces whether or not enclosed. For purposes of this Chapter, the term "enclosed spaces" specifically includes, but is not limited to, an area available to and customarily used by the general public and all areas of business establishments generally accessible to the public such as fenced, or partially fenced in areas of garden centers attached to and serving the primary structure. (v) "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 development impact projections. (w) "Library Facilities" shall mean library building space and library materials, which are owned and operated by the City of Huntington Beach. 12-3209.003/78647 3 161 241 Ordinance No. 3947 (x) "Library Materials" shall mean books, magazines, DVDs, compact disks, computer programs, digital resources and other reference and circulation materials. (y) "Master Facilities Plan" shall mean the report prepared for the City entitled Development Impact Fee Master Facilities Plan, prepared by Revenue & Costs Specialists, LLC, dated October 2011. (z) "Mobilehome" shall mean a structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. (an) "Nonresidential development" means a development undertaken for the purpose of creating gross floor area, excluding dwelling units, but which includes, and is not limited to commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction, reconstruction or use. (bb) "Planning and Building Director" shall mean the Planning and Building Director of The City of Huntington Beach or his/her designee. (cc) "Planning Department" shall mean the Planning Department of the City of Huntington Beach. (dd) "Police Department" means the Police Department of the City of Huntington Beach. (ee) "Residential development" means a development undertaken for the purpose of creating a new dwelling unit or units and involving the issuance of a building permit and certificate of occupancy for such construction, reconstruction or use, or the construction approval for a mobilehome pad or pads. (ff) "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 Director of Planning and Building. (gg) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or 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. (hh) "Surface Transportation System" shall mean the City's system of streets, roads and intersections traversed by automobiles and other vehicles. (ii) "Trip-Miles" shall mean the number of Vehicle Trips multiplied by the average trip length for a specified use as identified in the "Fee Calculation Report". "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land, as specified in the most recent edition of the Institute of Transportation Engineers, Trip Generation, and at the discretion of the Public Works Director when the reference 12-3209.003/78647 4 162 242 Ordinance No. 3947 document does not provide a reasonable representation of vehicle trips for a specific use, special studies or alternative reference documents may be used. 17.73.020 Fee Adjustments (a) An applicant for a New Development Project subject to a fee required by Title 17 of this Code may apply to the City for a refund, 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. 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 are substantially different from the land use on which the fee calculation is based. (3) The New Development Project includes multiple land uses that are complementary. (4) Property values are worth less than the City's estimated value in the methodology. Likewise, the City may present evidence in the form of an appraisal and the value is in excess of that used in the methodology. (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 Director of Planning and Building or his/her designee and shall be filed with the Director of Planning and Building 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. (d) Each application shall state in detail the factual basis for the requested fee reduction, adjustment or waiver. The Director of Planning and Building 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. The Director shall act within 10 days after receipt of the completed application to approve or deny the application. 12-3209.003/78647 5 163 243 Ordinance No. 3947 17.73.030 Appeals. (a) An applicant may appeal, by protest, any imposition of the development impact fee(s) by filing a notice of appeal with the City Manager or his/her designee or his/her designee within ninety (90) days after the applicant pays the required development impact fee(s). (b) A valid appeal by protest of the imposition of the development impact fee(s) shall meet all of the following requirements: 1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Manager or his/her designee; 2. Serving written notice on the City Manager or his/her designee including: (A) A statement that the required payment has been tendered under protest or that required conditions have been satisfied; (B) A statement informing the City Manager or his/her designee of the factual elements of the dispute and the legal theory forming the basis of the protest; (C) The name and address of the applicant; (D) The name and address of the property owner; (E) A description and location of the property; (F) The number of residential units or nonresidential gross square footage proposed, by land use or dwelling unit type, as appropriate; and (G) The date of issuance of the building permit. (c) The City Manager or his/her designee shall schedule a hearing and render a final decision on the applicant's appeal within sixty (60) days after the date the applicant files a valid appeal. (d) The hearing shall be administrative. Evidence shall be submitted by the City Manager or his/her designee and by the applicant and testimony shall be taken under oath. (e) The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the development impact fee(s) pursuant to the applicable development impact fee ordinance and applicable state law. (f) If the development impact fee(s) has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Manager or his/her designee in an amount equal to the development impact fee(s) calculated to be due, the application for the building permit or mobilehome construction approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development impact fee(s) calculated by the City to be due unless sufficient and acceptable surety has been provided. (g) Any petition for judicial review of the City Manager's final decision shall be made in accordance with applicable state law and after the administrative remedies proscribed herein have been exhausted. 12-3209.003/78647 6 164 244 INITIATED AND ATP/ROVED: —Deputy City Manager AS TO FORM: Cl 7 Ordinance No. 3947 1. Hearing. The City Manager or his/her designee shall consider the fee(s) adjustment application prior to the public hearing as the application for a discretionary development permit for the Development Project, or, if no such permit is required, the City Manager or his/her designee shall consider the application at a separate hearing within (sixty) 60 days after the fee(s) adjustment application is deemed complete by the City Manager or his/her designee. 2. Appeal. Any person may appeal the decision of the City Manager or his/her designee to the City Council, by filing a written appeal with the City Clerk within ten (10) days of the City Manager or his/her designee's decision. 17.73.040 Judicial review. (a) Any judicial action or proceeding to attack, review, set aside, void or annul the development impact fee ordinance, or any provision thereof, or resolution, or amendment thereto, shall be commenced within ninety (90) days of the effective date of the ordinance, resolution, or any amendment thereto. (b) Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a development impact fee(s) on a development shall be preceded by a valid appeal by protest pursuant to Section 17.73.030 hereof and a final decision of the City Manager or his/her designee pursuant thereto and shall be filed and service of process effected within ninety (90) days after the hearing on appeal regarding the imposition of development impact fee(s) upon the development. 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 day of , 20 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager 12-3209.003/78647 165 245 ATTACHMENT #8 166 246 167 247 168 248 Park Land/Open Space & Facilities (Tract Map/Quimby) Current Fee Effective 7/20/12 Effective 7/20/13 Effective 7/20/14 Based on Land Detached Dwelling Units (per Unit)Appraisal $12,500 $14,286 $16,071 Based on Land Attached Dwelling Units (per Unit)Appraisal $9,685 $11,068 $12,452 Mobile Home Dwelling Units (per Unit)N/A N/A N/A N/A Hotel/Motel Lodging Units (per Unit)N/A N/A N/A N/A Resort Lodging Units (per Unit)N/A N/A N/A N/A Commercial/Office Uses (per sq. ft.)N/A N/A N/A N/A Industrial/Manufacturing Uses (per sq. ft.)N/A N/A N/A N/A 3 of 3 Item 9. - 91 HB -226- 169 249 ATTACH ENT #9 170 250 Master Facilities Plan for the City of Huntington Beach, California October, 2011 (Amended April 27, 2012) Copyright, 2009, 2010 & 2011 by Revenue & Cost Specialists, L.L.C. All rights reserved. No part of this work covered by the copyright hereon may be reproduced or copied in any form or by any means -- graphic, electronic, mechanical, including any photocopying, recording, taping or taping or information storage and retrieval systems without written permission of: Revenue & Cost Specialists, L.L.C. 1519 East Chapman Avenue, Suite C Fullerton, CA 92831 (714) 992-9020 HB -228- 171 251 172 252 Page Two, October 17, 2011 (amended 04/27/12) 141FP Letter to the City of Huntington Beach • A section containing all of the Park Land Acquisition and Development of Recreation Facilities including Community Use Facilities projects. In addition to the efforts of Bob Hall, Deputy City Manager in coordinating the flow of information, the following staff were instrumental in identifying the required projects: M. Todd Broussard, P.E.- Principal Civil Engineer (Storm Drainage) David C. Dominguez - Facilities Development and Concessions Manager Eric G. Enberg - Division Chief/Fire Operations Jim B. Engle Community Services Director Kevin Justen,- Senior Administrative Analyst - Fire Tung M. Kao - Info Systems Specialist Darrin Maresh, Fire Development Specialist Tony Olmos - City Engineer Jerry Thompson - General Services Manager Bill Reardon - Fire Marshall/Division Chief Dan Richards - Customer Support/GIS Manager Bob Stachelski - Transportation Manager Chuck Thomas - Police Captain Jerry Thompson - General Services Manager Bob Wingenroth - Director of Finance RCS appreciates the efforts of the listed staff and any others whose efforts RCS may have been unaware of for their assistance in generating the information provided within this Master Facilities Plan, and we look forward to meeting with the City Council in order to implement and achieve maximum use this comprehensive report. Sincerely, SCOTT THORPE Vice President Item 9. - 95 HB -230- 173 253 174 254 175 255 City of Huntington Beach Master Facilities Plan Table of Contents PK-018 Lamb Park Design and Development 76 PK-019 Central Park Sports Complex Team Room 77 PK-020 Future Parks Acquisition (Possible Closed School Sites) 78 CF-001 Central Park Senior Center 79 CF-002 Edison Community Center Gymnasium 80 CF-003 Murdy Community Center Gymnasium 81 CF-004 Oak View Recreation Center Expansion 82 HB -233- Item 9. - 98 176 256 CITY OF HUNTINGTON BEACH GUIDE TO THE MASTER FACILITIES PLAN The Master Facilities Plan is a compilation of projects identified by City staff as being needed for the City of Huntington Beach through theoretical General Plan build-out of the City. The Plan is based on input from City staff, recommended projects contained in the City's several Master Plans for infrastructure and an occasional recommendation from RCS staff. The Master Facilities Plan generally provides for three major types of projects. The first group of projects provides for the maintenance, repair and rehabilitation of the City's varied infrastructure, including its streets, storm drains and other public facilities. These projects represent a very small portion of the needed replacement of the City's fixed assets identified at more than $1.435 million of depreciable fixed assets which are being consumed, conservatively, at an annual rate of just over $19.1 million, (assuming a conservative 75 year infrastructure lifetime). The $1.435 billion figure excludes significant amounts of owned park land, not subject to depreciation, at approximately $678.2 million. The following table indicates the replacement costs of the various infrastructure owned by the City. Table MFP-1 Replacement Value of Existing Infrastructure Infrastructure Replacement Value Law Enforcement $71,246,699 Fire Suppression/Medic $61,234,227 Circulation System (0 $533,539,375 Storm Drainage System (1) $203,631,313 Library Space/Collection $76,593,112 Park Improvements $488,783,370 Total $1,435,028,096 (1) Does not include millions of dollars owned in land right-of-way and Excludes "local" facilities, those limited to neighborhood facilities. The second group of projects are needed to serve future development and include such projects as widening of streets, creation of additional parkland or construction of a new fire station. These projects are proposed to be funded through the development impact fees recommended in the companion to this document called Development Impact Fee Calculation and Nexus Report for City of Huntington Beach. Item 9. - 99 1-1B -234- 177 257 178 258 179 259 180 260 Guide to the Huntington Beach Master Facilities Plan Table MFP-2 Cost of Future Infrastructure Infrastructure Project Totals Law Enforcement Facilities, et. al. $10,100,895 Fire Suppression/Medic Facilities et. al. $11,941,972 Circulation (Streets/Bridges/Signals) $28,537,800 Storm Drainage Collection System $207,494,050 Library Facilities/Collection $7,841,369 Park Land Acquisition & Improvements $137,483,000 Total $403,399,086 Fairness and reason (as well as the more important State and Federal statutes and court decisions) dictate that not all of the projects will qualify for development impact fee funding (i.e. some projects are replacements or service level increasing, etc.). If the City adopts the development impact fees that represent the General Plan Build-out need-based impact fees (Schedule 2.1 in the companion Development Impact Fee Calculation and Nexus Report), 42.6% of the required funding (or $172.1 million) would be raised with development impact fees. Existing Development Impact Fee Fund balances of $3.6 million will provide 0.9% of the total project funding and other sources (inter-governmental support) will finance 5.7% ($23.0 million) This leaves 50.8%, or $204.8 million of the total project costs as unfunded, to be financed by other sources such as fees, rates, existing taxes or voter approved additional taxes, inter-governmental transfers and the rare occasional grant. Relationship to Development Impact Fee Report. The Master Facilities Plan was prepared in conjunction with the City's Development Impact Fee Calculation and Nexus Report, also prepared by RCS, LLC. Projects listed in the Development Impact Fee Calculation and Nexus Report correspond to projects found in this document and contain the same numbering sequence as the Master Facilities Plan. The Development Impact Fee Calculation and Nexus Report is also contains eight chapters specific to each one of these infrastructure sections according to the same category of projects described on the previous page. Thus, a reader who wants to find more information on Law Enforcement Project No.1 (Additional Law Enforcement Facility Space found on Schedule 3.1 of the Development Impact Fee Calculation and Nexus Report may turn to Project No. LE-001 of the Master Facilities Plan. For readers of the Master Facilities Plan who wish to understand the determination of development Item 9. - 103 HB -238- 181 261 Guide to the Huntington Beach Master Facilities Plan impact fee financing more fully, refer to the Development Impact Fee Calculation and Nexus Report, Chapter One. vi HB -239- Item 9. - 104 182 262 183 263 Huntington Beach Master Facilities Plan Master Project List • L0018 Gothard Street And Slater Avenue LGO17 Gothard Street And Talbert Avenue Looia Ward Street And Garfieid Avenue LGO19 Brookhurst Street And Adams Avenue LGD20 Miscellaneous Traffic Signal/Intersection Improvements 1.0.021 Public Works Maintenance Building LG022 Public Works Maintenance Vehicles SI001 Santa Ana River & Talbert Channel Region (SD Region *1 ) 30002 Coastal And Boise Chloe Wetlands Region (SD Region #2) 80003 Slater Channel Region (SD Region *3) 80004 Wintersburg Channel Region (SD Region #4) 30005 Boise Chice Channel & Harbour Region (SD Region 45) S0006 Public Works Maintenance Building Pi:001 Expand Banning Branch Library PL-002 Expand Main Street Branch Library PL-003 Expand Library Collection Items PK001 Bartlett Park Conceptual Plan And EIR PK002 Irby Park Phase II PK003 Central Park Former Gun Range SIR, RAP And Development P14004 Le Bard Park Expansion Master Plan And Development Plan P14005 Blufilop Park Trail Improvements P14005 Edinger Dock Development P14007 VVardlow Field Reconfiguration Design/Construction PK008 City -Wide Parks Master Plan PRO9 Central Park Habitat Plan Total Thru D.P. QuilcK)ut $500,000 $264,000 $8,800 $10,000000 $5,000,000 $2,820,000 $65,000 $23,728,000 $21,527,000 $34,236,000 $28,749,000 $98,549,000 $705,050 $5,258,470 $1,651,375 $921,524 $5,400,000 $500,000 $4,325,000 $1,450,000 $1,000,000 $700,000 $1,000,000 $350,000 $250,000 2 V: 1.33.0 Date: 5/02/2012 Time: 10:55 AM Huntington Beach October, 2011 Pape; 2 HB -241- Item 9. -106 184 264 Huntington Beach Master Facilities Plan Master Project List Total Thru GP. Build-Out PK010 Central Park Acquisiton Of Encyclopedia Lots $1,020,000 PK011 Central Park Development Of Remaining $6 Acres $20,000,000 P14012 Central Park Rebuild Two Restaurant Facilities $800,000 P14013 General Youth Sports Facilities Grants $4,500,000 PK014 Murdy Youth Sports Complex Phase II $2,500,000 P14015 Beach Playground $350,000 P14016 Central Park Development Of Former Gun Range Area $3,000,000 PK017 Warner Dock Renovation And Expansion $800,000 P1018 Lamb Park Design And Development $1,100,000 P14019 Central Park Sports Complex Teem Room $100,000 P14020 Future Parks Acquisition (Possible Closed School Sites)$59,588,000 P14021 Central Park Senior Center $22,000,000 P14022 Edison Community Center Gymnasium $2,975,000 P14023 Murdy Community Center Gymnasium $2,975,000 P14024 Oak View Recreation Center Expansion $800,000 Total All Projects s4039p,0s5 V: 1.33,0 Data: 5102/2012 Tim: 11;01 AM Huntington Beach October, 2011 Page: 3 Item 9. - 107 HB -242- 185 265 City of Huntington Beach Law Enforcement Facilities, Vehicles and Equipment 4 HB -243- Item 9. -108 186 266 Huntington Beach Master Facilities Plan Law Enforcement Facilities, Vehicles And Equipment - 13 2013 - 14 2014-15 2015 - 16 Through Build Out Project Build Out Total $0 $0 $0 $7,597,165 $7,597,185 $0 $0 $0 $1,751,040 $1,751,040 $0 $0 so $327,690 $327,690 $0 $0 $0 $425,000 $425,000 $0 $0 $0 $10,100,895 $10,100,895 2011 - 12 2012 LE -001 Additional Law Enforcement Facility Space $0 LE -002 Acquire Additional Response Vehicles $0 LE -003 Acquire Additional Sworn Officer Issued Equipment $0 LE -004 Acquire Law Enforcement Specialty Equipment $0 TOTALS $0 Notes: 1) If project timing Is not a component of this effort, then all projects default to their "Thru Build Our amount Lri V: 1.12.0 Date: 4/27/2012 Time: 12:09 PM Huntington Beach October, 2011 Page: 1187267 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/Title LE 001 Additional Law Enforcement Facility Space Submitting Departments: Police Department Project Description: Acquire land (or replacement land is placed at City Hall) for and construct12,041 square feet of law enforcement space. The department will need to hire an additional 33 sworn officers at General Ran build-out to accommodate the additional 146% (8,697) in calls-for-service demand overthe current 59,479 annual calls-for-service. Roughly 249 of these would be to the beach area. The additional space could be in the main station or could be located elsewhere in the City. The space would be necessary to expand, patrol, investigation, traffic control or any of the many specialty support services such as communications or records, Justification / Consequences of Avoidance: The City annually currently experiences roughly approximately 61285 calls-for-sevice, 97.05% of which are from privately-held properties within the City's limits. The land-use database indicates the addition of 7,065 residential dwellings, 1,353 commercial lodging rooms and 7.3 million square feet of additional business (commercial, office and industrial) space which will generate, on average, an additional 8,418 annual calls-for-service, or a 146% increase. While the existing station is adequate to meet the current needs, the addition of 34 sworn officers will generate the need for a proportionally greater amount of space. Relationship to General Plan Development The project primarily addresses additional calls-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout 97.05% Reference Document Project Timing: The project timing would be dependent upon both the rate of development and collection of Development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition 1 Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012-13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015- 16 through Build-out 568,524.00 1,033,801.00 5,173,493.00 309,604.00 511,743.00 7,597,165.00 Total all Years 568,524.00 1,033,801.00 5,173,493.00 309,604.00 611,743.00 7,597,165.00 6 V: 1.08.0 Date: 4/27/2012 Time: 12:09 PM HB -245- Huntington Beach Item 9. - 110 188 268 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/Title LE 002 Acquire Additional Response Vehicles Submitting Departments: Police Department Project Description: Acquire thirty-two additional response or specialty vehicles at an average cost of $54,720 each in order to maintain the eAsting ratio of 0.98 vehicles per officer. Approximately 97,05% of these vehicles are required to serve private sector development Justification / Consequences of Avoidance: The Department currently has 231 law enforcement vehicles that are used by the 235 sworn officers creating an existing standard of 0.98 vehicles per sworn officer. With that the addition of 33 officers needed to respond to the annual calls-for-service likelyyo be generated by future General Plan development the Citywill need to acquire and additional 32 vehicles in order to maintain the 0.98 ratio of vehicle per sworn officer. Failure to maintain the current ratio of vehciets per officer could reduce the City's ability to maintain beat strength and would certainly accelerate vehilce turnover. Relationship to General Plan Development The acquisition addresses only the future additional calls-for-service from General Plan new development and thus is allocated 97.05 percent to new development. Allocation To General Plan Buildout 97.05% Reference Document ' Project Timing: The project timing would be dependent upon both the rate of development and collection of Development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0,00 0.00 0.00 0.00 0.00 2013- 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 0.00 0.00 0.00 0.00 1,751,040.00 1,751,040.00 Total all Years 0.00 0.00 0.00 0.00 1,751,040.00 1,751,040.00 7 Item 9. - 111 Date: 4/27/2012 Time: 12:09 PM MB -246- Huntington Beach October. 2011 189 269 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/ Title LE 003 Acquire Additional Sworn Officer Issued Equipment Submitting Departments: Police Department Project Description: Acquire additional equipment assigned to the additional 33 sworn officers necessary to accommodate General Plan development. The capitalized list of equipment includes (but is not limited to): a protective vest handgun, baton, compliment of leathers, handcuffs, uniforms, helmet raincoat and heavy duty flashlight The costs, at $9,930 includes a nominal background chack, medical/physical check and polygraph exam for the sucessful candidates. Justification / Consequences of Avoidance: The equipment is necessary for an officer to function in the field. The list is mostly safely equipment but also includes the costs absorbed by the City in the necessary for identifying an appropriate candidate. Roughly 97.05% of the required new officers would be required to serve new General Plan development Relationship to General Plan Development The project primarily addresses additional calls-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout: 97.05% Reference Document: Project Timing: The project timing would be dependent upon both development and collection of development impactfees. 2015 - 16- 15 through Build-out Total all Years 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 327,690.00 327,690.00 0.00 327,690.00 327,690.00 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 1.Design I Engineering / Administratic 0.00 0.00 0.00 2.Land Acquisition / Right Of Way 0.00 0.00 0.00 3.Construction 0.00 0.00 0.00 4.Contingency 0.00 0.00 0.00 5.Equipment / Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 8 V: 1.08.0 Date: 4/2712012 Time: 12:09 PM HB -247- Huntington Beach I I t em 9 . - 112 190 270 2015 - 16 through Build-out 0.00 0.00 0.00 0.00 425,000.00 425,000.00 Total all Years 0.00 0.00 0.00 0.00 425,000.00 426,000.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/ Title LE 004 Acquire Law Enforcement Specialty Equipment Submitting Departments: Police Department Project Description: Acquire specialty equipment to support the additional 33 officers needed to accommodate new development Approximately 97% of that figure are needed to accommodate new development of private property. Justification / Consequences of Avoidance: The amount and type of crime is ever increasing. The City will need to acquire additional information-sharing computer capacity as well as specialty equipment such as bikes, dogs, hand-held radios, etc. Relationship to General Plan Development The project primarily addresses additional cells-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout 97.05% Reference Document: Project Timing: The project timing would be dependent upon both development and collection of development impact fees. PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2034 - 15 1. Design / Engineering / Aclministratic 0.00 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 0.00 5. Equipment / Other 0.00 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 0.00 9 Item 9. - 113 Date: 4/2712012 Time: 12:09 PM Huntington Beach October, 2011 HB -248- 191 271 192 272 S I I - .6 u-I31-I Huntington Beach Master Facilities Plan Fire Suppression/Medic Facilities, Vehicles And Equipment 2015- 16 Through Project Build 2011 - 12 2012-13 2013 - 14 2014 - 15 Build Out Out Total FS -001 Relocate Fire Station #8 (Heil) FS -002 Construct Station #8 (Heil) Apparatus Storage Facility FS -003 Construct A Single Bay/Quarters At Station #4 (Magnolia) FS -004 Acquire An Engine And Ambulance For Station #4 (Magnolia) FS -005 Acquire An Addition Engine For Station #1 (Gothard) FS -006 Acquire An Addition Engine For Station #2 (Murdy) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,169,470 $0 $0 $1,716,044 $0 $0 $1,266,458 $0 $0 $740,000 $0 $0 $525,000 $0 $0 $525,000 $7,169,470 $1,718,044 $1,286,458 $740,000 $525,000 $525,000 TOTALS $0 $0 $0 $0 $11,941,972 $11,941,972 Notes: 1) if project timing is not a component of this effort, then all projects default to their "Thru Build Our amount V:1.12.0 Date: 4/27/2012 Time: 12:13 PM Huntington Beach October, 2011 Page: 1 193273 2015 - 16 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 532,561.00 1,026,097.00 4,963,827.00 285,204.00 361,781.00 7,169,470.00 532,561.00 1,026,097.00 4,963,827.00 285,204.00 361,781.00 7,169,470.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/Title FS 001 Relocate Fire Station #8 (Heil) Submitting Departments: Fire Department Project Description: Relocate Station #8 from its current location on Heil Avenue just west of Spring ale Street to a more northerly area near Graham Street just north of Edinger Street The proposed 11,350 square foot facility would be a be a five vehicle configuration and would require roughly 1.25 acres. The facility would be capable of housing up to three companies and battalion chief. The facility would provide 3,550 square feet of vehicle bay space. 1,290 square feet of mechanical/technical space, 6,150 square feet of living quarters consisting of (a maximum of 24) bunks, lockers, restrooms/showers, a physical training room, kitchen, dining and a dayroom. Justification / Consequences of Avoidance: The forty-five year-old station, once state-of-the-art has numerous limitations in addition to mere aging. In addition to asbestos removal needs, the station design does not allow for mixed gender accommodation or the assignment of an aerial response truck. Since the station needs to be reconstructed, relocation more northerly, about 1.25 miles, would improve the first-in engine, truck and paramedic ALS response capacityto that area of the City. Redevelopment along the Edinger/Beach corridorwill likely result in a greater number of calls-for-service changing the response dynamic of the existing eight stations. ff the station were not relocated, the area in question would receive longer response times. Relationship to General Plan Development: Relocating Station #8 (Heil) is consistent with the City's General Plan Public Safety response time commitments and would improve the average engine, aerial truck and ALS paramedic response time through-out the City, in particular the Edinger/Beach corridor area_ Allocation To General Plan Buildout 50.00% Reference Document Project Timing: The redevelopment along the Edinger/Beach corridor would likely be the trigger pointfor the need orf this relocation. The station age and limitations are also an issue end could trigger the construction timing. PROPOSED EXPENDITURES 1. Design / Engineering / Administratk 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 12 Time:12:13 PM FI B -251- Huntington Beach Item 9. - 116 V: 1.08.0 Date: 4/27/2012 194 274 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/ Title FS 002 Construct Station #8 (Heil) Apparatus Storage Facility Submitting Departments: Fire Department Project Description: Construct a 1620 square foot reserve apparatus storage facility upon relocation of the extisting Station #6 (Heil) to its proposed future location. The facility would consist of a 2,660 square foot two bays wide by two vehicle deep storage building for up to four reserve response vehicles. There would also be a contiguous 960 square foot basic storage room. The facility would be constructed on the rear portion of the parcel near the hose tower and hose storage building. Justification / Consequences of Avoidance: The proposed storage building is necessary for proper storage of the reserve vehicles and other specialty equipment not used on a routine basis, but important none-the-less. The existing vehicle storage facility cannot store all of the reservse vehciels thatwill be needed at General Plan build-out Relationship to General Plan Development The additional storage sapce is necessary, in part to new deveopment and also because of the limited capaciaty of the single existing reserve vehicle storage facility. Allocation To General Plan Buildout 25.00% Reference Document: Project Timing: The facility would likely be constructed at the same time as the proposed relocation of station *8 (Heil), however, the construction could be completed eta different time. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 -14 2014- 15 through Bad-out Total tgl Years 1. Design 1 Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 120,415.00 327,286.00 1,122,703.00 84,210.00 81,450.00 1,716,044.00 120,415.00 327,266.00 1,122,703.00 64,210.00 81,450,00 1,716,044.00 13 Item 9. - 117 Date: 4/27/2012 Time: 12:13 PM HB -252- Huntington Beech October, 2011 195 275 2015- 16 2014 - 15 through Build-out Total all Years 109,650.00 0.00 1,020,000.00 60,306.00 76,500.00 1,266,458.00 109,650,00 0.00 1,020,000.00 60,308.00 76,500.00 1,268,458,90 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles An d Equipment Project Number/ Title FS 003 Construct A Single Bay/Quarters At Station *4 (Magnolia) Submitting Departments: Fire Department Project Description: Construct a 2,400 square foot addition to Station *4 (Magnolia). The plans consist of an additional bay and sufficient living quarters/training/storage space to the existing two-bay Station *4 (Magnolia). The additional 1,400 square foot vehicle bay would allowfor two additonal response vehicles, in this case an engine and an ambulance. The 1,000 square foot living quarters expansion would increase storage/locker space by approximately 200 square feet and living/training space by approximately 800 square feet Justification / Consequences of Avoidance: The expanded facility will be needed to accommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the southerly portion of the Edinger/Beach Specific Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Flan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities resulting from development consistebtwith the Downtown Specific Plan and the southerly portion of the Edinger/Beach Specific Plan corridor as well for multiple response vehicle demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document Project Timing: As needed and as development impact tee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012 -13 2013- 14 1. Design / Engineering / Administrate 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 5. Equipment / Other 0.00 0.00 0,00 TOTAL COST: 0.00 0.00 0.00 14 V: 1.08.0 Date: 4/2712012 Time: 12:13 PM HB -253- Huntington each It em 9. - 118 196 276 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/Title FS 004 Acquire An Engine And Ambulance For Station PI (Magnolia) Submitting Departments: Fire Department Project Description: Add an engine company and an ambulance to Station #4 (Magnolia). Project FD-003 details the proposed 2,400 square loot expansion required to house the new enine and paramedic vehicle and staff. Justification / Consequences of Avoidance: Increased call-toad must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. The expanded facility will be needed to accommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the southerly portion of the Edinger/Beach Specific Plan corridor. Relationship to General Plan Development The facility expansion is required to accommodate higher densities resulting from development consistebt with the Downtown Specific Plan and the southerly portion of the Edinger/Beach Specific Plan corridor as well for multiple response vehicle demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document Project Timing: As needed and as development impact fee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 1. Design / Engineering / Administratic 0,00 0.00 0.00 2. Land Acquisition / Right Of Way 0,00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0,00 0.00 5. Equipment / Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 2015 - 16 2014 - 35 through Buad•out Total all Years 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 740,000.00 740,000.00 0.00 740,000.00 740,000.00 15 Item 9. - 119 Date: 412712012 Time:12:13 PM HB -254- Huntington Beach October, 21111 197 277 2015 - 16 2014 - 15 through Build-out Total aS Years 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number./Title FS 005 Acquire An Addition Engine For Station #1 (Gothard) Submitting Departments: Fire Department Project Description: Ad a standard engine company at Station #1 (Gothard). The engine would be fully stocked with and appropriate and sufficient amount of hose, appurtenances end other safety/rescue equipment. Justification / Consequences of Avoidance: The expanded fadlity will be needed to accommodate the additional calls-for-seivce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the Edinger/Beach Specific Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities resulting from development consistel3t with the Downtown Specific Plan and the Edinger/Beach Specific Plan corridor as well for multiple response vehicles response to other parts of the City. Allocation To General Plan Buildout: 50.00% Reference Document: Project Timing: As needed and as development impact fee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 1. Design / Engineering / Administratic 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 5. Equipment! Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 16 V: 1.08.0 Date: 4/27/2012 Time: 12:13 PM HB -255- Huntington Beach Item 9. - 120 198 278 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/ Title FS 006 Acquire An Addition Engine For Station #2 (Murdy) Submitting Departments: Fire Department Project Description: Add a standard engine comperry at Station #2 (Murdy). The engine would be fully stocked with an appropriate and sufficient emiouint of hose, appurtenances and other safety/rescue equipment Justification / Consequences of Avoidance: The expended facility will be needed to arrommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment along the Edinger/Beach Specifc Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities along Edison/Beach Specific Plan and multiple response vehicles demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document: Project Timing: As needed and as development impact fee receipts end other revenues become available. 2015 - 16 PROPOSED EXPENDITURES 2011 .12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 525,000,00 525,000.00 17 Item 9. - 121 Date: 4/27/2012 Time: 12:13 PM HB -256- Huntington Beach October, 2011 199 279 City of Huntington Beach Circulation (Streets, Signals And Bridges) System 18 HB -257- Item 9. -122 200 280 $0 $0 $O $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 EZI - .6 moll Huntington Beach Master Facilities Plan Local Circulation (Streets, Signals And Bridges) System 2011 - 12 2012 - 15 2013 - 14 2014-15 2015 - 16 Through Project Build Build Out Out Total LC -001 LC -002 LC -003 LC -004 LC -005 LC -006 LC -007 LC -008 LC -009 LC -010 LC -011 LC -012 LC -013 LC -014 LC -015 LC -018 LC -017 LC -018 LC -019 LC -020 LC -021 LC -022 Beach Boulevard And Edinger Avenue Beach Boulevard And Heil Avenue Beach Boulevard And Warner Avenue Beach Boulevard And Slater Avenue Beach Boulevard And Talbert Avenue Beach Boulevard And Garfield Avenue Beach Boulevard And Yorktown Avenue Pacific Coast Highway And Warner Avenue Pacific Coast Highway And Goldenwest Street Pacific Coast Highway And Brookhurst Street Goldenwest Street And Boise Avenue Goldenwest Street And Slater Street Newland Street And Talbert Avenue Newland Street And Warner Avenue Newland Street And Yorktown Avenue Gothard Street And Slater Avenue Gothard Street And Talbert Avenue Ward Street And Garfield Avenue Brookhurst Street And Adams Avenue Miscellaneous Traffic Signal/Intersection improvements Public Works Maintenance Building Public Works Maintenance Vehicles $0 $600,000 $0 $1,000,000 $0 $400,000 $0 $500,000 50 $1,000,000 $0 $1,000,000 $0 $500,000 $0 $2,000,000 $0 $750,000 $0 $750,000 $0 $500,000 $0 $50,000 $0 $500,000 $0 $30,000 $0 $300,000 $0 $500,000 $0 $264,000 $0 $8,800 $0 $10,000,000 $0 $5,000,000 $0 $2,820,000 $0 $65,000 $600,000 $1,000,000 $400,000 $500,000 $1,000,000 $1,000,000 $500,000 $2,000,000 $750,000 $750,000 $500,000 $50,000 $500,000 $30,000 $300,000 $500,000 $264,000 $8,800 $10,000,000 $5,000,000 $2,820,000 $65,000 :8 V: 1.12.0 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 2011 Page: 1 201281 Huntin In Beach Master Facilities Plan Local Circulation (Streets, Signals And Bridges) System TOTALS Notes: 1) If project timing is not a component of this effort, then all projects default to their "That Build Out" amount 2015 - 16 Through Project Build 2011 -12 2012 - 13 2013 - 14 2014 - 15 Build Out Out Total $0 $0 $0 $0 $28,537,800 $28,537,800 17ZI - .6 11131I V: 1.12.0 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 2011 Page: 2 202282 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/ Tile LC (101 Beach Boulevard And Edinger Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add elth northbound through lane, and 2) Add a 3rd westbound through lane. Beach Boulevard, being a State Highway, makes this a CALTRANS managed project. Since the project would not be managed by the City, the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Seivice (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level SE" is "Unstable Flow:" and is identified as long queues of vehicles waiting upstream of the intersection". Level "E", 'Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement'. Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or 'P. Development anticipated over the next twenty years will generate 454,512 additional daily trip-miles. This is al4.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. Allocation To General Plan Buildout 75.00% Reference Document ProjectTiming: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / AdminIstratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 - 12 0.00 0.00 0.00 0.00 0.00 0.00 2012 -13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 0.00 0.00 600,000.00 0.00 0.00 600,000.00 Total alt Years 0.00 0.00 600,00000 0.00 0.00 600,000.00 21 Item 9. - 125 Date: 4/2712012 Time: 12:14 PM HB -260- Huntington Beach October, 2011 203 283 2015 - 16 2011 -12 2012 -13 2013 - 14 2014 - 15 through Build-out Total all Years 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/Title LC 002 Beech Boulevard And Heil Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add 2nd northbound left-fium lane. An alternative would be to construct: 1)A de-facto westbound right turn lane, and 2) add a de-facto southbound right turn lane. Beach Boulevard, being a State Highway, makes this a CALTRANS managed project. Since the projectwould not be managed bythe City, the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity Wnere warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "Eu by acting as a bottleneck. Level "E" is 'Unstable Flow." and is identified as along queues of vehicles waiting upstream of the intersection". Level "E", "Forced Flow' creates "Jammed conditions, back-ups from other locations restrict or prevent movement'. Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or "F'. Development entidpated over the next twenty years will generate 454,542 additional daily trip-miles. This is a 14.6% increase daily overthe City's existing demand of 3,107.224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454,542 added deity tip-miles represent 12.8% of the total 3,561,767 daily trip-miles att.* twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 22 V: 1.08.0 Date: 4/27/2012 Time: 12:14 PM HB -261- Huntington Beach It em 9. - 126 204 284 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/ Title LC 003 Beach Boulevard And Warner Avenue Submitting Departments: Public Works-Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the follcrwing improvements to the intersection are proposed:1) Add a separate westbound right turn lane. An alternative would be to construct the following: 1) A de-facto westbound right turn lane, and 2) add a separate northbound right turn lane. Beach Boulevard, being a State Highway, makes this a C.ALTRANS managed project. Since the project would not be managed by the City the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck Level "E" is 'Unstable Flow." and is identified as 'long queues of vehicles waiting upstream of the intersection". Level "E', "Forced Flow' creates 'Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development: All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D°, "E" or "F". Development anticipated over the next twenty years will generate 454542 additional dailytrip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,22.1 daily hip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454542 added daily trip-miles represent 12.8% of the total 3,561367 daily trip-miles at the twenty-year development horizon. Allocation To General Plan Buildout 65.00% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years t Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment I Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400.000.00 0.00 0,00 400,000.00 0.00 0.00 400,000.00 0.00 0.00 400,000.00 23 Item 9. - 127 Date: 412712012 Time: 12:14 PM HB -262- Huntington Beach October, 2011 205 285 206 286 207 287 208 288 209 289 210 290 211 291 212 292 213 293 214 294 215 295 216 296 217 297 218 298 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Loce1 Circulation (Streets, Signals And Bridges) System Project Number/ Title LC 017 Gothard Street And Talbert Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvement to the intersection is proposed: 1) Add a 2nd southbound left turn lane. An alternative to that improvement would be: 1) Convert a separate eastbound right turn to a 2nd eastbound through lane. This would be a City-managed project. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level "E" is °Unstable Flow." and is identified as 'long queues of vehicles waiting upstream of the intersection". Level E. "Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or "F. Development anticipated over the next twenty years will generate 454,542 additional daily trip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454,542 added dailytrip-miles represent 12.8% of the total 3,561,767 daily trip-miles atthe twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document Project Timing: The project will be constructed within normal review of priorities end as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 2014 - 15 through Build-out Total all Years 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240,000.00 24,000.00 0.00 264,000.00 0.00 240,000.00 24,000.00 0.00 264,004.00 37 Item 9. - 14 1 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 21111 HB -276- 219 299 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets. Signals And Bridges) System Project Number/ Title LC 018 Ward Street And Garfield Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add a 2nd eastbound left turn lane, and 2) remove a separate eastbound right turn lane. This would be a City-managed project. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level "E" is "Unstable Flow:" and is identified as long queues of vehicles waiting upstream of the intersection'. Level "E", 'Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development: All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like ND", "E" or "F". Development anticipated over the next twenty years will generate 454542 additional daily trip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454542 added daily trip-miles represent 12.8% of the total 3,561,767 daily trip-miles at the twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 8,000.00 800.00 0.00 8,800.00 0.00 8,000.00 800.00 0.00 8,800.00 38 V: 1.08.0 Date: 4/27/2012 Time:12:14 PM HB -277- Huntington Beach Item 9. - 142 220 300 221 301 222 302 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/Title LC 021 Public Works Maintenance Building Submitting Departments: Public Works -Engineering Project Description: Construct a 10,000 square foot split-face block, general-use circulation system maintenance building. The facility would have full utilities and a number of roll-up doors. Approximately 80% of the cost of the additional space would benefit circulation system maintenance. The remaining 20% would be required for the growing storm drainage collection system maintenance needs and would thus be financed with Strom Drainage System Development Impact Fee proceeds. The cot below represents 80% of the proposed facility costs. Justification / Consequences of Avoidance: The additional space needs is required tro support the roughly $40.0 million in additional equipment and supply space needs resulting from the addition of major circulation and strom drainage improvements as well as an untold amount of local street miles and local strom drainage lines. Relationship to General Plan Development The facility expansion is limited to the demand created by the new infrastructure required to support new development Allocation To Genera/ Plan Buildout 95.00% Reference Document ProjectTiming: The project would be constructed based upon normal review of priorities and as adequate and sufficient DIF revenues are collected. 2015-16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 - 14 2014 - 15 through Build-out Tom! all Years 1, Design / Engineering / Administratic 0.00 0.00 0.00 0.00 265,000.00 265,000.00 2. Land Acquisition I Right Of Way 0.00 0.00 am 0.00 0.00 0.00 3. Construction 0.00 0.00 rim 0.00 2,410,000.00 2,410,000.00 4. Contingency 0.00 0.00 0.00 0.00 14.5,000.00 145,000.00 5. Equipment! Other 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COST:0.00 0.00 0.00 0.00 2,820,00E1.00 2,820,000.00 41 Item 9. - 145 Date: 4/2712012 Time: 12:14 PM HB -280- Huntington Beach October, 2011 223 303 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number./ Title LC 022 Public Works Maintenance Vehicles Submitting Departments: Public Works -Maintenance Project Description: Acquire an additional maintenance utility truck and a traffic signal lift truck. Justification / Consequences of Avoidance: The additional maintenance vehicle would be required to support the additional demands from the roughly $40.0 million in additional circulation system improvements. Relationship to General Plan Development The circulation system maintenance fleet expansion is limited to the demands created by new infrastructure required to support new development Allocation To General Plan Buildout 95.00% Reference Document Project Timing: The proposed afleet additions would be acquired based upon normal review of priorities and as adequate and sufficient or revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 05,000.00 65,000.00 0.00 0.00 0.00 0.00 55,000.00 65,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42 V: 1.08.0 Date: 4/27/2012 Time: 12:14 PM HB -281- Huntington Beech It em 9. - 146 224 304 225 305 Huntin, in Beach Master Facilities Plan Storm Drainage Collection System 2015- 16 Through Project Build 2011-12 2012 - 13 2013 - 14 2014-15 Build Out Out Total SD -001 Santa Ana River & Talbert Channel Region (SD Region #1) $0 $0 $0 $0 $23,728,000 $23,728,000 SD -002 Coastal And Balsa Chios Wetlands Region (SO Region #2) SD -003 Slater Channel Region (SD Region #3) SD -004 VVintersburg Channel Region (SD Region #4) SD -005 Balsa Chica Channel & Harbour Region (SD Region #5) SD -006 Public Works Maintenance Building $0 $0 $0 $0 $21,527,000 $0 $0 $0 $0 $34,236,000 $0 $0 $0 $0 $28,749,000 $0 $0 $0 $0 $98,549,000 $0 $0 $0 $0 $705,050 $21,527,000 $34,236,000 $28,749,000 $96,549,000 $705,050 TOTALS $0 $0 $0 $0 $207494,050 $207494,050 Notes: 1) If project timing is not a component of this effort then all projects default to their ''Thru Build Out" amount 8171 - .6 moll V: 1.12.0 Date: 4127/2012 Time: 12:15 PM Huntington Beach October, 2011 Page: 1 226306 2015-16 2011 -12 2012 -13 2013-14 2014 -15 through Build-out Total all Years 2,847,360.00 0.00 18,982,400.00 1,1398,240.00 0.00 23,728,000.00 2,847,360.00 0.00 18,982,400.00 1,898,240.00 0.00 23,728,000.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number? Title SD 001 Santa Ana River 8, Talbert Channel Region (SD Region #1) Submitting Departments: Public Works - Engineering Project Description: The 788 individual projects within Area lare required to remove storm drainage water from the City's street surfaces and other public areas and safely conveying it to the proper outlet. Sub-drainage region #1 drains the lower central to east and southerly areas of the City. It is generally bordered on the east by the Santa Ana River Channel, on the southwest by the Pacific Coast Highway and the Pacific Ocean, on the west mainly by Alabama and Main Streets, and on the north by Garfield and Ellis Avenues. It encompasses the Santa Ana River and the Talbert Channel Water Quality Planning Area and is represented in watershed Drainage Maps 20-2729-32, 40, and 41. Justification! Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehide response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system. is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition I Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 45 Item 9. - 149 1 Date: 4/27/2012 Time: 12:16 PM HB -284- Huntington Beech October, 2011 227 307 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/Title SD 002 Coastal And Eloise Chica Wetlands Region (SD Region #2) Submitting Departments: Public Works - Engineering Project Description: The 235 projects within Area #2 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet Sub-drainage region #2 drains the central southwest area of the City. and is generally bordered by Lake and Main Streets on the east Pacific Coast Highway on the south and west Seapoint Avenue and Edwards Street on the west and Ellis Avenue on the north. Sub-drainage 2 also includes the community surrounding the Springdale/Talbert intersection. It encompasses the Boise. ChiCa. Wetlands and the Coastal Water Quality Planning Area and is represented in watershed Drainage Maps 15-19. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 15 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 Omagh Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition! Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2,583,240.00 0.00 17,221,600.00 1,722,160.00 0.00 21,527,000.00 2,583,240.00 0.00 17,221,600.00 1,722,160.00 0.00 21,527,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 46 V: 1.08.0 Date: 4/27/2012 Time: 12:16 PM HE -285- Huntington Beach Item 9 _150 228 308 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/Title SD 003 Slater Channel Region (SD Region *3) Submitting Departments: Public Works - Engineering Project Description: The 270 projects within Area #3 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet Sub-drainage region 3 drains the central section of the City, including a portion of the City of Fountain Valley, and is generally bordered by Newland and Magnolia Avenues on the east Ellis. Taylor and Talbert Avenues on the south. Graham and Balsa Chloe Streets on the west and Warner Avenue on the north. Sub-drainage 3 consists of the Slater Channel Water Quality Planning Area and is represented in watershed Drainage Maps 10-15. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. if not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities end as adequate end sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0,00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 4,108,320.00 0.00 27,388,800.00 2,738,880.00 0.00 34,236,000.00 Total all Years 4,108,320.00 0_00 27,388,800.00 2,738,880.00 0.00 34,236,000.00 47 Item 9. - 151 1 Date: 4/27/2012 Time: 12:16 PM HB -286- Huntington Beach October, 2011 229 309 2015 - 16 2011 -12 2012 • 13 2013- 14 2014 - 15 through Build-out Total all Years 3,449,880.00 0.00 22,999,200.00 2,299,920.00 0.00 28,749,000.00 3,449,880.00 0.00 22,999,200.00 2,299,920.00 0.00 28,749,000.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.09 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 004 Wintersburg Channel Region (SD Region *4) Submitting Departments: Public Works - Engineering Project Description: The 220 projects within Area #4 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet.Sub-drainage region 4 includes the northern end northeastern parts of the City. and is generally bordered by Newland Street on the east Heil and Warner Avenues on the south, Springdale Street on the west and McFadden Avenue on the north. Sub-drainage 4 corresponds to the Wintersburg Water Quality Channel Planning Area and is represented in watershed Drainage Maps 6-9. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of imperious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.530 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 48 V: 1.05.0 Date: 4/27/2012 Time: 12:16 PM HB -287- Huntington Beach Item 9. - 152 230 310 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 005 Boise Chica Channel a Harbour Region (SD Region #5) Submitting Departments: Public Works - Engineering Project Description: The 279 projects within Area #5 are required to remove storm drainage water from the aty's street surfaces and other public areas and safely convey ill° the proper outlet Sub-drainage region 5 covers the northwestern section of the City, including a portion of the City of Westminster. Bub-drainage 5 corresponds to the Harbor Water Quality Planning Area and the Boise Chico. Channel Water Quality Planning Area and is represented in watershed Drainage Maps 1-5. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water wi II increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential forflooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police. Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout: 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate end sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0,00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 -14 0.00 0.00 0.00 0.00 0.00 0.00 2014 -15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 11,825,880.00 0.00 78,839,200.00 7,883,920.00 0.00 98,549,000.00 Total all Years 11,825,880.00 0.00 78,839,200.00 7,883,920.00 0.00 98,549,000.00 49 Item 9. - 153 , Date: 4/27/2012 Time: 12:16 PM HB -288- Huntington Beach October, 2011 231 311 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 006 Public Works Maintenance Building Submitting Departments: Public Works - Engineering Project Description: .Construct a 10,000 split-face block general use, maintenance building. The facility would be have lull utilities and a number of roll-up doors. Approdmately 20% of the cost of an additional 10,000 square foot building in support of General Fund Public Works maintenance from Storm Drainage System Development Impact Fees. The remaining 00% would be financed with Circuation System Development Impact Fees. Justification / Consequences of Avoidance: The additional space needs would be required to supportthe additional demands from the construction of $ }c>>0.0‹ in circulation and storm drainage infrastructure improvements. Relationship to General Plan Development The facility expansion is limited to the demands created by the new infrastructure required to support new development Allocation To General Plan Buildout 100.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015-16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 2014 - 15 through Berld-out Total all Years 1. Design / Engineering / Administratit 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 66,250.00 0.00 602,500.00 36,300.00 0,00 705,050.00 66,250,00 0.00 602,500.00 36,300.00 0.00 705,050.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 50 V: 1.08.0 Date: 4127/2012 Time: 12:16 PM FIB -289- Huntington Beach Item 9. - 154 232 312 City of Huntington Beach Public Library Facilities And Collection 51 HB -290- 233 313 Huntin )n Beach Master Facilities Plan Public Library Facilities And Collection 2015 - 16 Through Project Build 2011 - 12 2012 - 13 2013 - 14 2014 - 15 Build Out Out Total PL -001 Expand Banning Branch Library $0 $0 $0 $0 $5,288,470 $5,268,470 PL -002 Expand Main Street Branch Library $0 $0 $9 $0 $1,651,375 $1,551,375 PL -003 Expand Library Collection System $0 $0 $0 $0 $921,524 $921,524 TOTALS $0 $0 $0 $0 $7,841,369 $7,841,369 Notes: 1) If project timing is not a component of this effort, then all projects default to their "Thru Build Out" amount 9C I - .6 uml-I tr, t\.) V: 1.12.0 Date: 4/27/2012 Time: 12:16 PM Huntington Beach October, 2011 Page: 1 234314 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Public Library Facilities And Collection Project Number/Title PL 001 Expand Banning Branch Library Submitting Departments: Library Services Project Description: Expand the Banning Branch Library facilities by 10,100 square feet from the current 2,400 square feet to 12,500 square feet to assit in maintain the existing levels of service and extend those same levels of service to the 17,089 new residents expected to be added through General Plan build-out. Justification / Consequences of Avoidance: The current defacto library standard of space is 0.669 square feet per resident Added 17,089 residents from new General Plan development will create additional demands upon the existing level of service provided by the library. Without increasing library space, the existing standard would decrease to about 0.614 square feet per resident. Relationship to General Plan Development The proposed improvements are required to meet the demands of an increasing residential population. Allocation To General Plan Buildout 100.08% Reference Document Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 1. Design f Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 535,260.00 808,000.00 3,568,370.00 356,840.00 0.00 5,268,470.00 535,260.00 808,000.00 3,568,370.00 356,840.00 0.00 5,268,470.00 53 Item 9. - 157 1 Date: 4/27/2012 Time: 12:17 PM HB -292- Huntington Beach October, 2011 235 315 2015 - 16 2011 -12 2012-13 2013- 14 2014-15 through Build-out Total all Years 158,165.00 0.00 1,321,100.00 132,110.00 0.00 1,651,375.00 198,165.00 0.00 1,321,100.00 132,110.00 0.00 1,651,375.00 0.00 0,90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Public Library Facilities And Collection Project Number/Title PL 002 Expand Main Street Branch Library Submitting Departments: Library Services Project Description: Expand the Main Street Branch Library facilities by 4,804 square feet from the current 4,500 square feet to 9,304 square feet to assist in the maintenance of the existing levels of service and extend those same levels of service to the 17,089 new residents expected to be added through General Plan build-out The project consists taking 4,804 square feet of the current building that house the branch library currently used by a non-City tenant and turning it into library space. There is no current effort to oust the current tenant however, ultimately the non-library space could easily be converted as librray space. Justification / Consequences of Avoidance: The current defacto library standard of space is 0.669 square feet per resident Added 17,089 residents from new General Plan development will create additional demands upon the existing level of service provided by the library. Without increasing library space, the existing standard would decrease to about 0.614 square feet per resident Relationship to General Plan Development The proposed improvements are required to meet the demands of en increasing residential population. Allocation To General Plan Buildout: 100.00% Reference Document: Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 54 V: 1.08.0 Date: 4/27/2012 Time: 12:17 PM HB hluntington Beach It em 9. - 158 236 316 Huntington Beach Master Facilities Plan Project Detail infrastructure: Public Library Facilities And Collection Project Number/Title PL 003 Expand Library Collection System Submitting Departments: Library Services Project Description: Expand the public library collection items inventory by roughly 36,861 items to maintain the existing 2.157 collection items per resident currently offered bythe City's library system. Justification / Consequences of Avoidance: Added population from new residential construction will increase the City's residential population by approximately 17,089 additional residents. Without expanding the library collection items inventory, that standard would drop to approximately 1.979 items per resident. Relationship to General Plan Development: The proposed improvements are required to meet the demands of an increasing residential population. Allocation To General Plan Buildout: 100.00% Reference Document: Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 - 14 2014 -15 through Build -out Total all Years 1. Design / Engineering /Administratic 2. Land Acquisition / Right Of Way 3, Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 921,524.00 921,524.00 0.00 0.00 0.00 0.00 921,024.00 921,024,00 55 Item 9. - 159 Date: 4/27/2012 Time: 12:17 PM HB -294- Huntington Beach October, 2011 237 317 City of Huntington Beach Park Land Acquisition and Park Facilities Development 56 HB -295- Item 9.- 160 238 318 I9T - '6 moll • Huntington Beach Master Facilities Plan Park Land Acquisition And Park Facilities Development 2015- 16 TihrOUgil Project El uitd 2011 - 12 2012 - 13 2013 - 14 2014 - IS ROM Out Cut Tote/ PK 4301 PK -002 PK -003 PM -004 PK -005 PK -0013 'K-007 PK -008 PM -000 PK -014 PK-011 PM -012 PK -013 PM -014 PK-015 PK -016 PK -017 Pt(-t118 PK-010 PM -020 PK -Mt PM -622 Ballelt Park Conceptual Plan And EIR Irby Park Phasell Central Part Farmer Gun Range EIR, RAPAnd Development Le Bard Perk Expansion Master Plan And Development plan iltufttop Park Trail Improvements Edinger Occir Development Wardlcnv Field Reamfiguraticn Deaign/Construction City-Wide Parks Master Plan Central Parkl-raoltat Plan Central Park Acquisitcn Of Encyclopedia Lots Central Perk Development Of Remaining 86 Acres Cant-al Park Rebuild Two Restaurant Fealltles General Youth Sports Facilities Grants Mundy Youth Sports Complex Phase II Beach Playground Cenlral park Development 01FG-floor Gun Range Area Warner DocK Renovation And Expansion Lau* Park Design And Development Cenlrai Park Sports Complex Team Room Future Parks Acquisition [Possible Closed School Sites) Central Park SentorCenter Etimon Community Canter Gymnasium 5400.0410 $325,000 $250,000 $0 SO $120,0110 $6 SO $0 $0 SO $150,000 SO 50 SO so $0 so $O $0 SO so $O $0 SO $0 $O $0 $0 SO $150,000 $D SO $0 $43 SO " $o SO -$0 $0 $5,000,000 30 5500,000 $G $4,000. ON $0 $1200,001J 50 $1,000,050 $0 5786,000 50 5800,000 SO 5350,000 $0 41250.000 $0 $1,020,000 526,000,000 30 $800,000 so,oaa 53,500,000 $0 $2;500,000 SO 3350,000 $3,000•000 $0 $800,000 $O 51,100,11011 $0 5100,000 30 559,588,000 $0 $22,000,000 $0 $2.975,000 $5,400,000 $550,000 $4,325,000 $1,450,000 S1,000,000 $700,000 51,000.000 $350,000 5250.000 51.020,000 520,000,000 5800,000 $4,500,006 32,300,000 $350,000 $3,600,000 $800.000 51,100.000 S100,000 $50.5138,000 522,000,000 $2,975,000 $o SO $0 $o SO 50 $0 so $O $0 $D SO $0 $0 10 V: 1.12.0 Date: 510212012 Time: 11:02 AM iluntington Dead; October, 2011 Page: 1 239319 Huntington Beach Master Facilities Plan Park Land Acquisition And Park Facilities Development 2015- 16 Through Project Buird 2011 - 12 2012-13 2013 - 14 2014 - 15 J3uird Out Out Total PK-023 Ittordy Community Canter Gymnasium $0 So $0 30 $2,975,600 $2.075,000 PK -024 Oak View Recreation Cerrteu - Expansion $1 $0 $0 $600,000 $800,000 TOTALS Notes: 1) IT project timing is not a 0Oreponent of ibis etfOrt, thee an projects default to their -111nu Buitd Our amount $1,245,000 $150,000 5150,1100 $150,000 5135783,000 $137483,003 Z91 - .6 u1Ol-1 Lrz Do V:1.12,0 Date: 5/02/2012 11rne: 11:02 Mel 11Unlington Beach October, 2011 Page: 2 240320 2015 - 16 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 500,000.00 0.00 4,000,000.00 500,000.00 0.00 5,000,000.00 900,000.00 0.00 4,000,000.00 500,000.00 0.00 5,400,000.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Tile PK 001 Bartlett Park Conceptual Plan And EIR Submitting Departments: Community Services Project Description: The project consists of the environmental assessment and conceptual plan for the remaining 28 acre Bartlett Park largely an Environmentally Sensitive Habitat Area (ESHA). The preliminary plans include a natural-passive use consisting of trails. trailhead kiosks, and limited, natural parking. Justification / Consequences of Avoidance: The park improvements are needed for protection of the currently open or vacant parcel. Roughly BO% of the park would remain untouched with improvements designed to protect that 90%. Relationship to General Plan Development Utile direct relationship, but the improvements are consistentwith the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The design and environment assessment component is planned for 2009 to 2010. The first construction component is planned for between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 400,090.00 0,00 0.00 0.00 0.00 400,000.00 59 Item 9. - 163 Date: 4/27/2012 Time: 11:36 AM HB -298- Huntington Beach October, 2011 241 321 2015 - 16 2011 - 12 2012 - 13 2013 - 14 2014-15 through Build-out Total all Years 50,000.00 0.100 400,000.00 50,000.00 0.00 500,000.00 50,000.00 0.00 400,000.00 50,000.00 0.00 500,000.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 002 Irby Park Phase II Submitting Departments: Community Services Project Description: The project consists of the development of the remaining eight acres. Construct bio-filter and water retention area. In addition, construct trails, passive pocket areas, interpretive signs and a small area of neighborhood park improvements (climbing apparatus, benches, picnic tables) adjacent to the neighborhood area. The more active portion would be designed in a fashion to protect the more natural areas. Justification / Consequences of Avoidance: The park needs a combination of passive/active improvements to create a balance of active uses with protection of the water retention needs, The water retention needs would receive appropriations from storm drainage sources. a State Public Works Grant. Relationship to General Plan Development Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Binh:lout 0.00% Reference Document ProjectTiming: Based upon receipt of State (Public Works) Grant The project is in conjunction with a PW State Grant- matching funds. PROPOSED EXPENDITURES 1. Design 1 Engineering / Administratir 2. Land Acquisition 1 Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 60 V: 1,08.0 Date: 4/27/2012 Time: 11:36 AM HB -299- Huntington Beach It em 9. - 164 242 322 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 003 Central Park Former Gun Range EIR RAP And Development Submitting Departments: Community Services Project Description: The project consists of an Environmental Impact Review, Remedial Action Plan and ultimately a development plan. The gun range has been inactive for overten years and the accumulated lead in the soil and use of creosote wood presents an environmental problem and must be remediated before re-use. Phase I consists of preparation of an Environmental Impact Report and Remedial Action Plan. Phase II ($2.0 million) is an estimate of the range remediation. Phase Ill (also $2.0 million) is the actual site improvements to turn it into an active park use, proposed at this time to be a skate park Justification / Consequences of Avoidance: The roughly five acre gun range area is part of the City's major regional park and needs to be used to its maximum potential in a yet to be determined manner. Relationship to General Plan Development Little direct relationship. but the improvements are consistent witn the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document Project Timing: The study/report site remediation and site improvements are planned for a period between 2010 and 2020. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013-14 2014 - 15 through Build-out Total all Years 1. Design / Engineering! Administratic 325, 000.00 0.00 0.00 0.00 0.00 325,000.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 0.00 4000,000.00 4,000,000.00 4. Contingency 0.00 0.00 0.00 0.00 0.00 0.00 5. Equipment/Other 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COST:325,000.00 0.00 0,00 0.00 4,000,000.00 4,325,000.00 61 Item 9. - 165 Date: 4/2712012 Time:11:36 AM HB -300- Huntington Beach October, 2011 243 323 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number] Title PK 004 Le Bard Park Expansion Master Plan And Development Plan Submitting Departments: Community Services Project Description: Undertake the Park Master Plan and construction documents necessary to expand the turf area end park amenities on the two remaining undeveloped acres. The improvements will be completed in a single phase. Improvements also include the elimination of drainage problems and construction of a ramp to the Santa Ana River Trail. Justification / Consequences of Avoidance: The park improvements are necessary to complete the park and maximize the roughly five acres available atthis park Relationship to General Plan Development: Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. The project is also capacity increasing. Allocation To General Plan Buildout OM% Reference Document: Project Timing: As park-related revenues become available. PROPOSED EXPENDITURES 2011 -12 1. Design / Engineering / Administratic 250,000.00 2. Land Acquisition / Right Of Way 0.00 3. Construction 0.00 4. Contingency 0.0o 5. Equipment / Other 0.00 TOTAL COST: 250,000.00 2015-16 through Build-out 0.00 0.00 1,200,000.00 0.00 0.00 1,200,000.00 Total all Years 250,000.00 0.00 1,200,000.00 0.00 0.00 1,450,090.00 2012 - 13 2013 -14 2014 - 16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62 V: 1.08.0 Date: 412712012 Time: 11:35 AM HB -301- Huntington Beach I It em 9. - 166 244 324 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title Pi< 005 Blufftop Park Trail Improvements Submitting Departments: Community Services Project Description: Construct improvements to the existing two and a half-mile long asphalt trail, including a split trail system for pedestrian and wheeled traffic. The project includes 15% for citizen input, project design/engineering, soils and materials testing, project plan check and construction inspection. The project also includes a standard 10% for project contingency. Justification / Consequences of Avoidance: The project is necessary to reduce the rate of erosion of the very important blufftop area. Relationship to General Plan Development: None directly, the improvements are primarily necessary to maintain an existing asset Allocation To General Plan Buildout: 0.00% Reference Document Project Timing: As revenues permit. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment ! Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 -16 through Build-out 120,000.00 0,00 800,000.00 80,000.00 0.00 1,000,000.00 Total all Years 120,000.00 0.00 800,000.00 80,000.00 0.00 1,000,000.00 63 Item 9. - 167 Date: 4/27/2012 Time: 11:35 AM HB -302- Huntington Beach October, 2011 245 325 2015 - 16 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 50,000.00 0,00 0.00 600,000.00 50,000.00 700,000.00 50,000.00 0,00 0.00 600,000.00 50,000.00 700,000,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 1106 Edinger Dock Development Submitting Departments: Community Services Project Description: Construct a new dock and boat launch. Justification/ Consequences of Avoidance: The improvements need to be made to meet the recreational boating needs of the community. Relationship to General Plan Development: Little direct relationship, butthe improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: Within priority and as Park Fund revenues become available. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition! Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 64 V: 1.08.0 Date: 4/27/2012 Time: 11:36 AM HB -303- Huntington Beach It em 9. - 168 246 326 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Title PK 007 Wardlow Field Reconfiguration Design/Construdion Submitting Departments: Community Services Project Description: Reconfigure the park to accommodate a youth sports field and plan for additional parking. Construction costs for the little league field and parking lot are included at $380,000. Justification / Consequences of Avoidance: The parks earlier configuration is inefficient in terms of space. Relationship to General Plan Development: Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: 2010. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 120,000.00 0,00 0.00 0.00 0.00 120,000.00 0.00 0.00 800,000.00 80,000.00 0.00 880,000.00 120,000.00 0.00 800,000.00 80,000.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.90 0.00 0.00 0.00 0.00 65 65 Item 9. - 169 Date: 4/27/2012 Huntington Beach October, 2011 Time: 11:36 AlVI HB -304- 304 - 247 327 2015 - 16 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 350,000.00 0.00 0.90 0.00 0.00 350,000.00 350,000.00 0,00 0.00 0.00 0.00 360,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Title PK 008 City-Wide Parks Master Plan Submitting Departments: Community SenAces Project Description: The project consists solely of the preparation of a Perks Master Plan. Justification / Consequences of Avoidance: A Master Plan of Parks is needed to insure the continued rational programmed development of the City parks system. Relationship to General Plan Development A Park Master Plan for the continued development of the City's Park system is directly related to General Plan development. Allocation To General Plan Buildout: 0.00% Reference DOCUment Project Timing: The project is scheduled for the period of 2010 to 2020. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 66 V: 1.08.0 Date: 4/27/2012 Time: 11:36 AM HB -305- Huntington Beach' Item 9. - 170 248 328 249 329 250 330 251 331 252 332 253 333 254 334 255 335 256 336 257 337 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number./ Title PK 018 Lamb Park Design And Development Submitting Departments: Community Services Project Description: Design, engineer and construct park improvements on the 2.4 acre Lamb Park site. The improvements would include lighted sports facilities (ballfield and sportslield) and other neighborhood fixtures such as benches, sidewalks, drinking fountains and a play apparatus on the parcel, a closed school site. Justification / Consequences of Avoidance: The park improvements, mostly sports oriented, are necessary to complete the park and maximize the roughly 2.4 acres available at this park. Relationship to General Plan Development Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The project design is planned for 2010 and the construction between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering I Administrate 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013-14 0.00 0.00 0.00 0,00 0.00 0.00 2014 -15 0.00 0.00 0.00 0.00 0.00 0,00 2015 - 16 through Build-out 132,000.00 0.00 880,000.00 88,000.00 0.00 1,100,000.00 Total all Years 152,000.00 0.00 880.000.00 88,000.00 0.00 1,100,000.00 76 V: 1.08.0 Date: 4/2712012 Time: 11:36 AM HB -315- Huntington Beach I tem 9 . - 180 258 338 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Lend Acquisition And Park Facilities Development Project Number:/ Title PK 010 Central Park Sports Complex Teem Room Submitting Departments: Community Services Project Description: Construct a team-room at the sports complex. The facility would be used by teams for during game breaks. The fa.cility would have electrical service and possibly a drinking fountain but would not include shower/locker facilities. Justification/Consequences of Avoidance: The facility will provide sports teams with a location for team discussions, changing and personal effects security. Relationship to General Plan Development Little direct relationship, but the improvements axe consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document Project Timing: The project design is planned for 2010 and the construction between 2010 and 2020. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014-15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 77 Item 9. - 18 1 Date: 412712012 Time: 11:36 AM HB -316- Huntington Beach October, 2011 259 339 260 340 261 341 262 342 263 343 2015 - 16 2011 -12 2012 -13 20-13 -14 2014 -15 through Build-out Total ail Years 80,000.00 0.00 640,000.00 64,000.00 16,000.00 800,000.00 80,000.00 0.00 640,000.00 64,000.00 16,000.00 800,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 02.1 Oak View Recreation Center Expansion Submitting Departments: Community Services Project Description: Construct a roughly 2,000 square foot expansion to the existing 10,000 square foot Oak View Recreation Community Center. The facility would consist of a game room, multi-purpose room and a restroom. Justification / Consequences of Avoidance: The facility is necessary (or planned) to maximize the fairly small facility. Relationship to General Plan Development The proposed land-use database indicates additional residential dwellings thatwould likely result in roughly 17,089 additional residents requiring at least 10,595 square feet of public use space in order to maintain the existing level of service (LOS) Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The expansion is planned for construction between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering/ Administratic 2. Land Acquistion / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 82 Huntington Beach I tem 9. - 186 V: 1.08.0 Date: 4/27/2012 Time: 5:26 PM HB -32 1- 82 - 264 344 End of Plan Item 9. - 187 11B -322- 265 345 ATTACHMENT #10 266 346 267 347 evenue ost pecialists, LLC Serving Local Governments Since 1975 October 17, 2011 (amended April 27, 2012) Honorable Mayor and City Council Via Mr. Fred Wilson, City Manager City of Huntington Beach - City Hall 2000 Main Street Huntington Beach, CA 92648 RE: 2011 -12 Master Facilities Plan and Development Impact Fee (DIF) Calculation Honorable Mayor, Council and City Manager Wilson: The City is experiencing private development of remaining vacant parcels and the on-going redevelopment of existing homes and businesses. This continuous development results in increased demand that must be absorbed (and accommodated) by the City's existing infrastructure and the Levels of Service (LOS) offered by that existing infrastructure. Revenue & Cost Specialists, L.L.C., was contracted to undertake a comprehensive identification of the capital projects and capital acquisitions necessary to accommodate all such new demands for municipal service. Such a study is necessary to preserve the existing Levels of Service (LOS) currently offered to and enjoyed by (after having been paid for by) the existing community from the diminution of those existing LOS due to the addition of new residential and business development in Huntington Beach and calculate the development impact fees (DIFs) necessary to fund those required projects. Council and City staff, responsible for providing services to a continually expanding residential and business community, must recognize that the magnitude of the impact fees is a direct function of the nearly $403.4 million cost of the capital projects identified in the Master Facilities Plan as needed or required to accommodate new development. Regardless, anyone in the position of the Council members may find themselves reluctant to adopt the impact fees merely because they appear "too high". It is incumbent upon this Report and RCS Staff to convince the City Council of the justification and importance of the proposed impact fees The following Report calculates some new and a few updated impact fees for the City of Huntington Beach based on the aforementioned changes and the City's changing requirements for public safety, streets and signals, storm drainage and other quality of life facilities. The adoption of the updated DIFs will enable this City Council, as well as succeeding Councils, to continue to ensure that the City will be able to meet the basic infrastructure needs of new growth, without unduly burdening the existing population and business community for these development-generated capital costs. Voice . 714 . 992. 9920 Fax 734 '9C Item 9. - 190 Internet ww revenuecot corn 1519:E.chapm Ave HB -325 FuJ1eitb CA 92831 268 348 $71,246,699 $61,234,227 $533,539,375 $203,631,313 $76,593,112 $1,166,934,162 $2,113,178,888 Page 2 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff Adoption of the recommended impact fees contained herein and imposition upon the numerous development opportunities in the City of Huntington Beach, would generate approximately $172.1 million in a combination of public improvement dedications and DIF revenues limited for use on the many capital expansion projects deemed as development generated. Existing Impact Fee Fund balances ($3.5 million) and other revenues sources ($23.0 million) make up a significant amount of the difference between the capital total and the total revenue sources. This leaves a shortfall of $204.8 million (95% of which is $194.4 million in unfunded storm drainage projects). The identification of $403.4 million in capital needs mostly generated by new development, is not to be taken lightly, but must be examined in perspective to the cost of existing infrastructure, facilities, vehicles and equipment that a new development will share in the use and enjoyment of upon City review, approval, construction and finally, occupancy. To offer such a perspective, a major element in this Report is a proportional analysis, or comparison of what is being asked of future residents, in the form of dedicated public improvements or an in-lieu (impact fee) payment, with the cost of the City's existing infrastructure (land, facilities, and equipment), contributed by the existing population and business community. The dedications, taxes and assessments contributed to date by the existing community over numerous decades of development have generated just over $2.1 billion (at current replacement costs) in infrastructure or capital improvements to the City of Huntington Beach. The following table identifies those existing asset commitments (or equity if you will), by infrastructure. Law Enforcement Facilities, Vehicles and Equipment Fire Suppression/Medic Facilities, Vehicles and Equipment Circulation (Street, Signals and Bridges) System Storm Drainage Collection System Public Library Facilities and Collection Park Land and Park Facilities Development Total Existing Infrastructure Replacement Investment Item 9. - 191 HB -326- 269 349 Page 3 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff It is not intended for the recommended Development Impact Fee schedule to address all of the City's capital needs, as identified on the various schedules in this Report. As per California Government Code 66000 et. seq. and common fairness, development impact fees cannot address current capital deficiencies. The proposed fees will recognize and meet the needs of the City's growing population and business community. However, with the adoption of development impact fees, other City discretionary revenue resources that may have been used to meet growth-generated needs for expanded services and facilities will now be available for those accumulating replacement and rehabilitation projects. The information required to develop the City's capital costs and equity data was generated by the Huntington Beach staff, without whose help and cooperation, this Report would have been impossible to complete. The following management and support personnel were instrumental in working with RCS staff to gather or generate the information and technical data so critically necessary for the legal support of impact fees through the Master Facilities Plan and/or the Development Impact Fee Calculation and Nexus Report. They are: Stephanie Beverage, Director of Library Services M. Todd Broussard, P.E, Principal Engineer (Storm Drainage) David Brunetta, Police Captain Luann Brunson, Senior Administrative Analyst - Community Services David C. Dominguez, Facilities Development/Concessions Manager Debbie Dove, - Police Specialist Eric C. Enberg - Fire Division Chief- Operations Jim B. Engle, Community Services Director Scott Hess, Director of Planning Mindy James - Police Budget Manager Kevin Justen, Senior Administrative Analyst - Fire Tung M. Kao, - Information System/Network Specialist - Police Jeff Lopez, Deputy Fire Marshall/Programs Darin Maresh, Fire Department Specialist Mike McClanahan, Deputy Fire Marshall/Training Shirley McNamee. Police Personnel Analyst Tony Olmos, City Engineer Ricky Ramos, Senior Planner Bill Reardon, Fire Marshall/Division Chief Dan Richards, Information System GIS Manager Bob Stachelski. Transportation Manager Chuck Thomas, Police Captain Jerry Thompson, General Services Manager Ashley Wallace, Graduate Management Intern Darren Witt, Fire Engineer HB -327- Item 9. - 192 270 350 Page 4 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff The revisions are limited to merging what had been Chapter 8 (Community Use Facilities) and Chapter 9 (Park Land and Park Facilities Development into one Chapter) merging both the calculation and proposed capital projects. The companion Master Facilities Nan does the same by merging the four Community Use Facilities projects into the Park Land Acquisition and Park Facilities Development section. This was undertaken to provide the City greater flexibility to address the City's capital project needs and priorities over time. The resulting impact fees did not change beyond the reduction of a single dollar reduction for Attached Dwellings (due to rounding of whole dollars). Schedule 2.1 the proposed Development Impact Fees will demonstrate this. Without their hard work and willingness to provide the best data available, this Report could not have been completed to the degree of accuracy and completeness that it has. I would like to highlight the efforts of Bob Hall, Deputy City Manager for his efforts in generating timely responses to RCS's many requests for critical information. The quality of information and resulting calculation were directly improved by all of the participating staff member's efforts. The Development Impact Fee Calculation and Nexus Report and the Master Facilities Plan appendix are now submitted for your review and consideration. RCS is prepared to assist in increasing the Council's and community's understanding of this very significant part of the City's revenue structure. Sincerely, Scott Thorpe, Vice President Item 9. - 193 HB -328- 271 351 CITY OF HUNTINGTON EACH DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT and MASTER FACILITIES PLAN TABLE OF CONTENTS Page No. Chapter 1 - Background and Introduction 1 Chapter 2 - Demographics and Findings 16 Schedule 2.1 Proposed Development Impact Fee Schedule 26 Chapter 3 - Law Enforcement Facilities, Vehicles and Equipment 27 Chapter 4 - Fire Suppression/Medic Facilities, Vehicles and Equipment 40 Chapter 5 - Circulation (Streets, Signals and Bridges) System 54 Chapter 6 - Storm Drainage Collection System 70 Chapter 7 - Public Library Facilities and Collection 82 Chapter 8 - Park Land Acquisition and Park Facilities Development 89 Appendix A - Expanded Land-use Database 108 Appendix B - Summary of Recommendations 111 Appendix C - Master Facilities Plan 114 HB -329- Item 9. - 194 272 352 Chapter 1 Background and Introduction The City of Huntington Beach has retained Revenue Sz. Cost Specialists, L.L. C. to recalculate some of the City's existing Development Impact Fee (henceforth occasionally referred to as DIFs) schedules calculated at various points in time. Since that time, the City has experienced continued development of vacant land within the City. There is no reason to believe that the remaining undeveloped parcels will not also develop and underutilized parcels will redevelop, the current temporary economic building climate not-with-standing. The periodic review and adjustment of the Development Impact Fees that the City has committed to, are appropriate and warranted. Such updates are necessary to insure that the City collects sufficient DIF revenues to construct or acquire the additional infrastructure needed to accommodate new residents and businesses developing in the City. This DIF calculation effort that staff has undertaken results in a complete list of projects to be financed by the recommended Development Impact Fee schedule.' The information contained in the Development Impact Fee Calculation and Nexus Report and the accompanying Master Facilities Plan (MFP) will allow the City Council to make more informed policy decisions. The DIF/MFP also combine to provide greater understanding or the need by the development community. It also provides an. easier project tracking (and updating) system for the staff. Proportional Analysis. For perspective on the total amount of the calculated DIFs this Report includes a proportional analysis, or a comparison of the infrastructure identified as required to accommodate continued development through General Plan build-out with that of the City's existing infrastructure. This proportional analysis is intended to reconcile any difference between the City's desired level-of-service (LOS) required of new development, per statements in the various General Plan elements, with that of the de-facto or actual level of service currently provided to the existing community. This addition will assist the Council in making many difficult policy decisions regarding the required additions of new development and will also recognize inter-generational equity along with common sense fairness. Development Impact Fee Structure. The City's General Plan provides a range of potential densities for residential development. The DIFs for residential uses need to be calculated on a per dwelling unit basis to reflect more accurately the average impacts for a specific development. For example, a parcel zoned for development as detached dwelling units may contain from three to six units per acre. If fees are calculated on an acreage basis, the developer proposing three units per acre will pay the same amount as a developer constructing six units per acre. Development impact Huntington Beach 2011-12 Development Impact Fee Calculation Report Item 9. - 195 HB -330- 273 353 Chapter One Background and Introduction fees for business uses are calculated on a square footage basis for commercial, office and industrial properties to reflect the impacts of different building intensities for this type of development. This structure addresses the issue of building expansion or intensification of commercial, office and industrial areas. For example, if a property owner of commercial, office or industrial property proposes an expansion to his building, the question exists about how to charge this proposed expansion for its impact on the City's streets, storm drainage system, and other infrastructures. A fee calculated on a building square footage basis will simplify this calculation. CALCULATION OF DEVELOPMENT IMPACT FEES In California, State legislation sets certain legal and procedural parameters for the charging of these fees. This legislation was passed as AB1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66009. This section of State Code became effective January 1, 1989. AB1600 requires documentation of projects to be financed by Development Impact Fees prior to their levy and collection, and that the monies collected actually be committed within five years to a project of "direct benefit" to the development which paid the fees. Many states have such controlling statutes. Specifically, AB1600 requires the following: 1. Delineation of the PURPOSE of the (development impact) fee. 2. Determination of the USE of the (development impact) fee. 3. Determination of the RELATIONSHIP between the use of the public facilities and the type of development paying the (development impact) fee. 4. Determination of the relationship between the NEED for the facility and the type of development project. 5. Determination of the relationship between the AMOUNT of the fee and the COST of the portion of the facility attributed to the specific development project. This Report, with some additions, utilizes the basic methodology consistent with the above requirements of AB1600. Briefly, the following steps were undertaken in the calculation of impact fees for the City and are listed following: Huntington Beach 2011-12 Development Impact Fee Calculation Report 2 HB -331- Item 9. - 196 274 354 Chapter One Background and Introduction 1. Review the City's land use map and determine the existing mix of land uses and amount of undeveloped and developed land. The magnitude of growth and its impacts can thus be determined by considering this land use data when planning an infrastructure required to support General Plan build-out. This all-important inventory is summarized in Table 2-1 in Chapter 2 and detailed in Appendix A. 2. Define the level of service needed within the General Plan area for each project or acquisition identified as necessary. In some areas, certain statistical measures are commonly used to measure or define an acceptable level of service for a category of infrastructure. Street intersections, for instance, are commonly rated based on a Level of Service scale of "A" to "F" developed by transportation engineers. In some cases the identified level of service required of development may exceed that of what the City is currently providing. If so the reason must be explained and a methodology identified for raising the existing community's level of service without requiring new development to finance this increase. 3. Identify all additions to the capital facilities or equipment inventory necessary to maintain the identified levels of service in the area. Then, determine the cost of those additions. 4. Identify a level of responsibility of General Plan development, identifying the relative need for the facility or equipment necessary to accommodate additional growth as defined, and as opposed to current needs. 5. Distribute the costs identified as a result of development growth on a basis of land use demand. Costs are distributed between each land use based on their relative use, nexus or demand on that particular capital infrastructure system. For example, future street costs were distributed to each land use based on their trip generation characteristics (frequency and distance creating daily trip-miles). Huntington Beach 2011-12 Development Impact Fee Calculation Report 3 Item 9. -197 HB -332- 275 355 Chapter One Background and Introduction OTHER ASSUMPTIONS OF THE REPORT In addition to the land use assumptions contained in the next Chapter of this Report, other important assumptions of this study include the following: Land Costs. Cost estimates for land acquisition were developed after discussions with City officials. Arguments for higher or lower costs can be made. However, the Report contains land costs (per acre) which are estimated to be the most appropriate figures for purposes of this study. PROPORTIONALITY TEST A test for proportionality is important, if for no other reason, than because it attempts to identify and achieve community inter-generational equity, i.e., fairness in balancing the infrastructure investment made by existing residents and businesses with the investment asked of new residents and businesses that will benefit from the existing infrastructure. In short, previous generations of businesses and residents have contributed to the development of the City's existing infrastructure and this fact should be recognized by future residents and businesses by contributing a like amount (but no more than) toward completing the various infrastructure systems. Mere replacements or the elimination of an existing deficiency cannot be required of new development. It is one thing to identify the many public improvement projects needed through build-out. It is an entirely different thing to assume that all of the identified improvements are required to meet the demands of the new development. Clearly, some projects are replacements of the existing infrastructure while others are capacity increasing projects. Within the category of the latter, they may also be further classified into two categories; 1. Projects dealing with existing deficiencies, i.e., projects required regardless of whether there is additional development or not. An example' would be a traffic intersection currently controlled by stop signs that currently meets traffic warrants for a traffic signal, but is unfunded. However, some portion of that signal may be appropriate for impact fee financing. Another example would be the replacement of an existing but aged facility that creates no more capacity, but is merely the replacement of that same capacity. 2. Projects that are required as a result of development. An example of this would be a signal that is currently controlled quite adequately by stop signs, but because of development in the near and "downstream" areas, will ultimately need to be signalized. All impact fee calculations claim to be fair. Government Code §66000 (also referred to as Huntington Beach 2011-12 Development Impact Fee Calculation Report 4 HB -333- Item 9. - 198 276 356 Chapter One Background and Introduction AB1600) takes only two pages of text to describe the findings that development impact fees must adequately make, but does not explain specifically how to do so. Most DIP calculations will identify the desired or needed capital projects, ostensibly required as a result of the new development. Therefore, what is fair and equitable? Is it fair to require future residents and businesses in a city to construct, via payment of impact fees, a new Police Station when the current station is merely rented or leased space? On the other hand, if a community already has all of the water utility system they will need at build-out, are they precluded from imposing an impact fee to recoup some of that expenses incurred in the construction of the maximum needed water utility improvements prior to need for the maximum demand? These are difficult questions that may be made clearer and easier by reviewing the following examples. Comparison of Needed Infrastructure with Existing Infrastructure. The answer to these difficult questions may best be answered by comparing various infrastructure scenarios. This can be accomplished by looking closely at our friends in the planned community of Happy Valley 3 for a few scenarios to explain the three possible conditions that can occur regarding the agency's current infrastructure and the demand upon them. We will use the provision of fire protection, a service that most of us as nonprofessional fire fighters can somewhat understand. These three "conditions" include that the fire suppression system infrastructure construction has: 1. been On -target. 2. been Deficient. Or; 3. created Excess Service Capacity. Adoption of a Standard - According to the National Fire Protection Association (NFPA), a standard two-bay fire station (estimated for purposes of this example to cost about $3,000,000) can meet the needs of roughly 5,000 homes or 10,000,000 square feet of business pad. If these standards were adopted as Happy Valley's public safety element of the City's General Plan, they would be known as the demure or stated (or desired) standard (i.e., the standard the community would like to meet). This fee would be referred to as the General Plan Build-out Need -based Development Impact Fee. The inductive development impact fees (or cost per proportional unit served) for this de jure standard would then be: Table 1-1 Calculation of NFPA Impact Cost andlise ta.tion÷e- _ st, 'nits -Served-- Impact Fe Residential Dwellings $3,000,000 5,000 $600.00 per home Business Square Feet $3,000,000 10,000,000 $0.30 per S.F. Huntington Beach 2011-12 Development Impact Fee Calculation Report 5 Item 9. - 199 HB -334- 277 357 10,000 Residential Dwellings Umber f nits'servecl -by. 0 tie_ StatiO Residential Dwellings 6,250 5,000 1.25 Stations Units serve ne Station Chapter One Background and Introduction Service Base - Happy Valley's General Plan indicates that at General Plan build-out there will be 10,000 residential units and about 20,000,000 square feet of commercial/office/industrial space creating a need for four stations at build-out. The station calculation is as follows: Table 1-2 Determination of Required Number of Stations 5,000 2 Stations Business Square Feet 20,000,000 10,000,000 2 Stations Required Stations at General Plan Build-out 4 Stations The infrastructure is "On -target" - The need for four stations appears simple and the Happy Valley Council need only impose the impact fees identified in Table 1-1. Currently, Happy Valley has 6,250 residential units and 7,500,000 square feet of commercial/industrial building pad and is half "built-out" (in terms of fire calls for service). In this example, existing development within Happy Valley is generating half of the ultimate (General Plan build-out) fire calls-for-service. This is demonstrated in Table 1-3 following: Table 1-3 Development of Current Infrastructure is "On-Target" Business Square Feet 7,500,000 10,000,000 0.75 Stations Total Number of Stations Required Currently 2.00 Stations Conversely, Happy Valley has the remaining half of its fire demand (in terms of calls-for-service) Huntington Beach 2011-12 Development Impact Fee Calculation Report 6 1-IB -335- Item 9. - 200 278 358 nits served by Ine Station - Residential Dwellings 3,750 $600.00 $2,250,000 Chapter One Background and Introduction yet to come. Left to build are 3,750 detached dwelling units and 12,500,000 square feet of business floor space, and when constructed would generate the following capital needs identified on Table 1-4 following: Table 1-4 Remaining Development and Station Requirement Residential Dwellings Business Square Feet 3,750 5,000 0.75 Stations 12,500,000 I 10,000,000 1.25 Stations 2.00 Stations # of New Stations Required from Land to be Developed If the earlier calculated impact fees ($600 per residence and $0.30 per square foot of business pad) were adopted and imposed, Happy Valley would collect (by General Plan build-out) enough capital revenues to construct the remaining two stations and proportionality between existing and future residents and businesses would be evident. Table 1-5 following demonstrates this: Table 1-5 Remaining DIE Collection Business Square Feet 12,500,000 $0.30 $3,750,000 Amount Collected in Development Impact Fees $6,000,000 Cost of a_Single New Station $3,000,000 Stations to be Built with Development Impact Fees 2.00 And everyone in the community of Happy Valley is adequately served by the four stations having been financed generally fairly by the total community. Huntington Beach 2011-12 Development Impact Fee Calculation Report 7 Item 9. -201 MB -336- 279 359 Cost of One New Station $3,000,000 Residential Units 3,750 $300.00 $1,125,000 Business S.F.12,500,000 $0.15 $1,875,000 Amount Contributed by Existing Community $3,000,000 Station(s) built with Community's Contribution 1.00 Chapter One Background and Introduction The infrastructure is in Deficient Condition - Consider, however, the implications if the current Happy Valley residents and businesses had shown the earlier limited commitment to contribute only enough financing to construct one station when, based upon their own adopted standards and level of development, they should have two stations? Clearly three more stations would be needed on the path to General Plan "build-out." The possibility of requiring the remaining future home and business owners to finance all three remaining stations would be completely inequitable. But would it be fair and equitable to charge new residents the $600 per home and new businesses the $0.30 per business square foot in order to acquire the remaining two stations required to meet the NFPA standards required of the new development? The simple and direct answer is probably not. With only one station constructed at half build-out, the Happy Valley community has not demonstrated to a proportional commitment to meeting the NFPA standards, and as a result would not have a strong case to assert that others who build later need to contribute toward the construction of multiple (two) fire stations at a higher service rate by including the "missing" second station. The problem is in trying to identify a municipal revenue source imposed only on the existing development. Simply, there is none. Soon as a business pays its impact fees, constructs, that business becomes part of the existing community. The service provided by the single existing station is the community's de facto (or"in fact") standard service level. In short, it is difficult (but possible) to claim that a higher level of service is required of new development when the City is somehow getting by with a lower level of service. With one station, the contributed equity to build the single station would be half of the impact fee proposed in Table 1-1, or $300/residential unit and $0.15/square foot of business space respectively (See Table 1-6, following). Table 1-6 Development Impact Fee at Deficient Condition Huntington Beach 2011-12 Development Impact Fee Calculation Report 8 HB -337- Item 9. - 202 280 360 Chapter One Background and Introduction If Happy Valley has only built one station at half General Plan build-out, we would be forced to conclude that the City is currently deficient by one station (or 50% of the amount required). If the future residents were asked to pay at a rate that would build two stations (the $600/$0.30 rates) the City would have three stations at General Plan build-out, one financed and built by the first half of the community, and two financed and built by the second half of the community. Considering that the fire department will respond to all calls-for-service within the entire community from one of the three completed fire stations, the first half of the community would, in effect "inherit" one half of a station at no cost to themselves. In short, Happy Valley would fail the proportionality test. The inequity would then be exacerbated when the community decides to build the final "missing" last (fourth) station from a Citywide assessment or from annual General Fund receipts, paid for by the entire community, including those who just paid for the two new stations via the adopted fire impact fees. The only equitable option is for the City to adopt impact fees at the $300/residence and $0.15/square foot rates. Adoption of this fee would be referred to as the Current Community Financial Commitment or Investment -based Impact Fees. Admittedly, the City will go further into a deficit position in terms of the number of required stations, from being deficient by one station at half General Plan build-out to a deficiency of two stations at General Plan build-out, but the deficiency (or proportionality) would remain a constant 50% of the stations needed at either point in time. The community, if they are truly serious about meeting the NFPA recommended Level of Service (or standard), would then need to assess the entire community to raise the needed money in some fashion for financing the remaining two stations either in the form of an assessment or dedication of general receipts of the City. The Infrastructure has "Excess Capacity" - One final but important scenario remains and must be considered. In this scenario the existing residents of Happy Valley were the industrious sort and (at half General Plan build-out) had constructed three stations when they were at the point when they only needed two stations. Clearly there is excess capacity in each of the three existing stations. In this case, the Happy Valley's current de facto standard would be well above the de- jure or target standard. Statistically, each of the three stations would have 1/3 excess capacity (for providing services) and should be busy only about two-thirds of the time. Should the impact fee be limited only to the marginal $300 per residence and $0.15 per square foot for business space required to construct the one remaining required station or should the City be able to recover the costs for the existing capacity in the three stations through a recoupment impact fee? If so, the future residents receive a gift of the extra (third) station. If the excess capacity was recognized at the time the facilities were constructed and the excess capacity was identified for future use, there will be tough decisions ahead to be made by the Happy Valley City Council. Huntington Beach 2011-12 Development Impact Fee Calculation Report 9 Item 9. - 203 HB -338- 281 361 Chapter One Background and Introduction General Plan Build-out Needs-based Development Impact Fees or Recoupment Fee? The Happy Valley City Council should adopt, at a minimum, the $300/residence and $0.15/square foot business space rates to insure that the fourth station would be built. Again, referred to as the General Plan Build-out Needs -based impact fees. This would be a benevolent gesture, giving the new residents a free ride on the cost of the (already built and paid for) third station. Or in the alternative, the Council can recognize that the $3,000,000 used to build the third station was a loan from the existing community's General Fund receipts, and should be repaid by the future community receiving an instantaneous level of fire protection the day they receive their occupancy permit'', through the imposition and collection of impact fees.' In this case, the $600/residence and $0.30/square foot of business space impact fees should be adopted, imposed and collected. The impact fee would accumulate $6,000,000 through build-out, with $3,000,000 required to repay the General Fund in delayed revenue (for Station #3) and $3,000,000 necessary to construct the fourth station. This would be referred to as a Recoupment -based Fee at General Plan build-out. More important, long term equity at General Plan built-out would be achieved as each home and business would have contributed the same $600 per residence and $0.30 per square foot. This situation is usually fairly limited and should be supported by the appropriate element of General Plan. Exceptions to Proportionality Test. The previous discussion applies particularly well to above ground or capacity-based services such as community use centers, pools, police and fire stations, civic centers, maintenance yards or other fixed location and finite capacity facilities that serve the entire population. However, it does not necessarily work well on ground level or below system infrastructures such as streets, utilities, and storm drainage, where the continuation of a deficient system into the future is not at all possible and the lack of additions would ensure the complete inability to approve any further private construction without creating unsafe conditions to a specific area. As an example, if the agency's storm drainage system is currently deficient and creates some period flooding but not necessarily in dangerous amounts, the agency may not be able to approve and allow any more future development unless the storm drainage runoff created by the new development, is properly collected and released at a river or flood control channel. Additionally, a currently deficient water system, i.e., one with only the most minimal of distribution pipes, may not be able to serve any more future development without a substantial increase in the capacity of the water distribution system. However, a water utility with users rates can increase existing user fees to eliminate any existing deficiencies. Specific Plan or Benefit to a Specific Area. An additional exception occurs when the need or benefit from a specific facility is generated by a finite or easily defined area such as a specific plan or a new area of the agency that is significantly outside of the existing agency's urban in-fill service area or the specific plan is primarily the sole beneficiary of the infrastructure to be Huntington Beach 2011-12 Development Impact Fee Calculation Report 10 HB -339- Item 9. -204 282 362 Chapter One Background and Introduction constructed. An example may be a small area of the City, proposed for say 2,000 homes, but separate from the rest of the City in such a way that, to meet the General Plan's stated fire suppression standard level of service of a five minute response time, it requires a separate fire station but serving less than any of the other stations, which on average serve 5,000 homes. There is little argument as to why the remaining residents and businesses should not need to finance that higher cost per home served. This is common in an area geographically separated from the major, or urban part of the community. An example would be a small area separated by a river or up on a hillside or in a canyon. These areas may need facilities specific to that area that are of little or no benefit to the rest of the community, such a bridge across a river that only benefits those live or work across the river. Density may also be a factor. Fire infrastructure system improvements to date may be spread over a more compact density (say 4-5 homes per acre) than the remaining development in town (say 2-3 homes per acre). The fire system infrastructure costs per residential dwelling for a lower density area will likely be higher than a more compact area with a higher dwelling density. Public Utilities. The treatment for municipal utilities is particularly clear in that the utility's operating and capital funds do not receive any General Fund financial support and they do not typically charge stand-by fees to vacant property. This means that the entire utility system has been supported only by what are called utility user fees (payments by the utility's customers). Or stated in another way, it is user-financed. In many cases the utility may have significant extra capacity because most infrastructures cannot be expanded in small defined portions that exactly match the pace of new development. An example would water reservoirs which are generally expanded on LO million gallon portions, not 1,000 gallons at a time. To an individual user who has been contributing to the existing system over a period of time, it would appear quite fair for this excess capacity to be "purchased" for by new users that connect to the system who will benefit from the excess capacity has been constructed and identified. This holds particularly true for the purchase of water shares required for future water users. A water distribution system may also have significant distribution system capacity to reach homes and businesses in more outlying areas. RCS recently worked with a city where the existing water users, currently representing some 55% of the water use demand at General Plan build-out, had already constructed nearly 70% of the General Plan build-out water system. The 15% difference amounted to just more than $7.0 million. Should any excess capacity paid for by existing users be a gift to the future users? Government Code §66000 et. seq. appears to prevent the city from trying to recoup the costs of the excess capacity purchased by the current users that will be the direct benefit of future users. Some excess capacity can and should be identified wherever possible, and recovered, providing that was identified as necessary for future development at the time it is created.6 The excess capacity must be identified in terms of "existing project segment" and how it will benefit the future users must be identified. Huntington Beach 2011-12 Development Impact Fee Calculation Report 11 Item 9. - 205 HB -340- 283 363 Chapter One . Background and Introduction Such equity is the attempt of this Report. Excess capacity is often difficult to identify and even more difficult to convince others of. The City is probably much like Happy Valley, with excess or overcapacity in some areas of the infrastructure, and perhaps slightly deficient' in others, as you will see in the remainder of the Report. OTHER ISSUES Some members of the building industry have claimed that the addition of impact fees unfairly creates an inflated resale price for existing homes. The argument is that if the public agency adopts a development impact fee of $20,000 to $25,000 per detached dwelling home, then the price for an existing home is artificially increased by that same amount. We will use the example of detached dwelling at a construction cost of $200,000 to complete to a point that the occupancy permit is approved. Full Cost of a Residential Dwelling. The $200,000 represents only the above ground cost's construction. The true and actual cost of a new dwelling unit consists of the cost of acquiring the parcel, necessary government approvals and permits, construction supplies, labor, debt service on the above, on-site' public improvements, and The hidden cost of extending public services 9 to that home. The costs of extending public services includes (but is not limited to): • The addition of law enforcement personnel requiring the expansion of the police station and response vehicles • Additional fire stations and response vehicles. • Widening of arterial and collector roads. • Additional capacity in downstream storm drainage pipes. • Additions to water delivery capability, including source, treatment, storage and delivery. • Additions to the sewage capability, including collection, treatment and disposal. • Additions to the maintenance capabilities (i.e., municipal corporation yard and maintenance vehicles) necessary to maintain the above added infrastructure. • Additional parks, library, and public meeting space for recreational/social purposes. Thus while the cost of constructing the above ground portion of a detached dwelling may be $325,000, the "downstream" costs identified above may be in the area of $20,000 to $30,000 per detached dwelling or in the area of 6% to 9% % of the above ground cost. Huntington Beach 2011-12 Development Impact Fee Calculation Report 12 FIB -341- Item 9. -206 284 364 Chapter One Background and Introduction As an example, imagine a 2,800 square foot home, costing $325,000 to construct the above ground structure, located in the middle of an empty square mile, no roads, no utility service, no public safety response, no flood control and no recreational facilities. What is the market value of this home? Probably not even the $325,000 that it cost to construct the structure. The $25,000 development impact fee for all the infrastructures needed to support that one home, now seems like a relative bargain. Thus, the true and complete cost of a new detached dwelling is the cost of building the structure and the cost of extending the municipal services to the home regardless of who pays for the actual costs of extending those services. To some degree these service-related infrastructure costs have been recognized. The only question remaining is, who should for pay the required improvements, existing or new residents? Affect on Market Price. Again, let us assume that a cumulative $25,000 impact fee imposed upon new detached dwelling construction increases the market price of an existing detached dwelling. This additional amount is the recognition that the existing detached dwelling already has those physical links to the municipal services and thus has that value. A slightly different way of looking at this argument is that each existing detached dwelling has a "share" in a municipal corporation m and that share is valued at the cost of the connections to the various municipal utilities, circulation system, flood protection and public safety. CHAPTER ORGANIZATION Chapters three through six will have three fee cost/fee tables. These four chapters include: Identification of Projects and Cost Allocation - This schedule identifies the various projects that the infrastructure manager has identified as required prior to General Plan build-out. These projects may be necessary in part or fully to accommodate new development. This schedule will identify the cost of the project and the portion of the project identified as resulting from new development. General Plan Build-out Needs -based Development Impact Fee - This table will identify the set of impact fees that would need to be adopted to meet the basic, or marginal needs, capital needs identified in the Report. Adoption of this level of impact fees would allow City officials to claim that new development is being approved and constructed without any additional cost to the existing residents and businesses. You could not, however, claim that new development is paying its "fair share." Huntington Beach 2011-12 Development Impact Fee Calculation Report 13 Item 9. -207 HB -342- 285 365 Chapter One Background and Introduction Existing Financial Commitment or Equity-based Proportionality Test Fees - This table will identify the cost (in current nominal dollar value) of the existing infrastructure, including land, physical improvements and capital equipment. This is the average amount "invested" by the existing community of residents and businesses. This equity will be expressed in terms of the cost to construct or acquire the assets at current costs. If the average "equity" (for a detached dwelling for example) on this Table is greater then the average cost on the previous General Plan Build-out Needs -based impact fee Table, the infrastructure system is "front-ended" or has excess capacity. Stated slightly differently, the existing community has put more of the system into place than would be required of the remaining unbuilt portions of the community, (as they build). In effect, the existing community has advanced money to build capacity into the infrastructure system to meet the needs of residents and businesses not yet there! A good example of a front -ended system is the scenario where the City of Happy Valley had already built three fire stations while it only had the current actual demands for two stations. If the Existing Commitment -based impact fees are less than the General Plan Build-out Needs- based impact fee, we must conclude that existing community may not have contributed the amount of equity that they have needed to and that the construction of a needed infrastructure to support that municipal service has been lagging and is deficient. When this occurs, the Existing Community Financial Commitment or Investment -based development impact fees may• act as a ceiling or upper limit of the development impact fees. A good example of a deficient system is the scenario where the City of Happy Valley had only built one fire station while it had current actual demands for two stations. In short, if the existing community has not been inclined to construct an infrastructure system proportionally as the community developed, what basis does the community have to require those future residents to invest more, thus by eliminating to some degree, the deficiencies created by the existing community? The answer is, there can be no such rational argument. To adopt the General Plan Build -out Needs -based impact fees, under these circumstances, would be an unfair attempt to eliminate the existing deficiency on the back of new development. Adoption of the Existing Commitment -based impact fees, under these circumstances, would allow City officials to claim that new development is not being required to pay to eliminate existing deficiencies. [This space left vacant to place the following Chapter endnotes on a single page]. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 14 HB -343- Item 9. -208 286 366 Chapter One Background and Introduction CHAPTER ENDNOTES 1. For greater detail of each project, refer to the City's Master Facilities Plan in Appendix C. 2. Examples using other infrastructure will be used from time to time in this report, even though the City may not provide that service. 3. "Happy Valley" has been used as an imaginary community for purposes of DIF example for about nine years. Clearly no insult is intended to any real or imagined community of Happy Valley. It is also a Happy Valley because there is no inflation and the value of a dollar remains nominal. 4. Actually, the permitted structure receives fire protection services as it is being constructed. 5. This example assumes that each of the existing three stations is debt-free and owned out-right. 6. This action would be more supportable with a recent appraisal of the existing utility assets. 7. Not necessarily in a manner that indicates a danger, just below the standard being asked of the future residents. 8. On-site improvements include local streets and medians, curbs and sidewalks, sewer lines, water lines, street lights, storm gutter or drainage pipes, electrical power lines and all of the other requirements of the Department's building requirements on the privately held property, hence the "on-site" reference. "Off-site" improvements are increased capacity need that occur "down-stream" from the private property. The on-site public improvements generally become a city asset upon acceptance of the on-site public improvements made by the developer while the property upon Athich the on-site improvements, is still privately owned. 9. This Report does not address all of these services. They are only highlighted to make a point about the types of public services typically required to support a residential dwelling. 10. Not unlike a share in a corporation such as I.B.M. or A.T. & T. Huntington Beach 2011-12 Development Impact Fee Calculation Report 15 Item 9. - 209 HB -344- 287 367 Chapter 2 Demographics and Findings This Chapter provides an inventory of developed and undeveloped (and under-developed) land within the City. The City, surprisingly, still possesses areas of vacant land zoned for residential and business uses. LAND USE ASSUMPTIONS This Report contains an inventory of developed land and land with remaining development opportunities within Huntington Beach boundaries. The undeveloped land inventory columns form the base for distribution of the estimated infrastructure costs required to extend the existing levels of service to the new development. The developed land inventory also forms the base for distributing the cost of the existing infrastructure for comparison and for the de-facto identification of the existing levels of service (LOS) provided by those existing infrastructures. Table 2-1 below, summarizes the inventory of all private land uses contained within the current City limits. They are based upon General Plan data, Orange County projections, City records and a staff analysis of only privately held parcels.' Some of the vacant parcels have vested rights and would have the existing impact fees imposed. The acreage and unit data are detailed in Appendix A. Table 2-1 Detailed Land Use Inventory City of Huntington Beach T.Otal .::LanatiSe::-Database. :::Acres otal of Units..Acres it of Units 4tPP.: 1:tit:Units Detached Dwelling Units (1) 6,436.0 38,616 295.00 1,749 6,731.00 40,365 Attached Dwelling Units 1,805.4 36,108 111.20 5,307 1,916.60 41,415 Mobile Home Dwelling Units (2) 204.6 2,865 1.00 9 205.60 2,874 Hotel/Motel Lodging Units 33.4 1,070 18.60 818 52.00 1,888 Resort Lodging Units 20.2 809 9.30 535 29.50 1,344 Commercial/Office Uses 841.9 12,836,000 39.80 2,417,000 881.70 15,253,000 Industrial/Manufacturing Uses 930.3 20,261,000 187.00 3,638,000 1,117.30 23,899,000 Total - City Limits 10,271.8 661.90 10,933.70 Private Residences 8,446.0 77,589 407.2 7,065 8,853.2 84,654 Commercial Lodging Rooms 53,6 1,879 27.9 1,353 81.5 3,232 Business Square Feet 1,772.2 33,097,000 226.8 6,055,000 1,999.0 39,152,000 Huntington Beach 2011-12 Development Impact Fee Calculation Report 16 Item 9. - 210 HB -345- 288 368 289 369 290 370 291 371 292 372 293 373 294 374 295 375 Chapter 2 Demographics and Findings Specific impact fee rates for each land use can be found at the end of each chapter relating to each infrastructure. Schedule 2.1 at the end of this Chapter also identifies the probable impact fee revenue, the capital cost total and the difference, by individual infrastructure type (e.g., fire). Given the magnitude of the City's project list, vis-a-vis the proposed list of projects, and the lack of previous findings regarding any excess capacity, there is no potential for recoupment of the costs of previous development-generated capital projects (excess capacity) as was described in Chapter One. Additionally, the detail of the existing value of the various systems, does not approach the level of accuracy required to adopt a recoupment style impact fee. The recommended Development Impact Fees are those indicated following in Schedule 2.1. STRUCTURE OF THIS REPORT The following chapters of this Report contain the detailed information relative to the calculation of DIFs recommended by RCS for the entire City. Appropriate textual explanations are contained in each chapter, with a chapter devoted to each of the nine sets of DLF cost schedules, listed below and three appendices. CHAPTER 3 - Law Enforcement Facilities, Vehicles, and Equipment CHAPTER 4 - Fire Suppression/Medic Facilities, Vehicles, and Equipment CHAPTER 5 - Circulation (Streets, Signals and Bridges) System CHAPTER 6 - Storm Drainage Collection System CHAPTER 7 - Public Library Facilities and Collection CHAPTER 8 - Park Land Acquisition and Park Facilities Development APPENDIX A - Expanded Land-use Database APPENDIX B - Summary of Recommendations APPENDIX C - Master Facilities Plan NOTE REGARDING TEXTUAL MATHEMATICS: It is important to note that the use of a computer provides for calculations to a large number of decimal points. Such data, when included in text and supporting textual tables, has been rounded to no more than two decimals for clarity and thus may be not replicated to the necessary degree of accuracy as the spreadsheet schedules at the end of each chapter. Should there be any difference between tables within a chapter and the schedules at the end of the same chapter, the schedules will prevail. Huntington Beach 2011-12 Development Impact Fee Calculation Report 24 HB -353- Item 9. -218 296 376 297 377 298378 299 379 300 380 38,616 Detached Dwelling Units 36,108 Attached Dwelling Units 2,865 Mobile Home Dwelling Units 420 1,070 Hotel/Motel Units 809 Resort Lodging Units 12,836,000 Commercial Uses (in KSF) 20,261,000 Industrial Uses (in KSF) Beach Area 0.341/Unit 0.702/Unit 0.318/Unit 0.393/Unit 0.459/Unit 0.897/KSF 0.381/KSF 371 11,514 7,729 1,806 13,185 25,350 910 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-1 Law Enforcement Calls-for-Service Generated by Land Use (2009) The table above representing the 59,479 annual police calls-for-service to privately-held developed parcels within the City's limits (for a recent twelve months reporting periods), identifies the differing demand caused by the differing land uses. As an example, there were approximately 13,185 calls-for-service requiring a response to one of the 38,616 existing detached dwellings in the City (during the twelve month sample). The result indicates that each residential detached dwelling unit will statistically generate just slightly more than one third of a call-for-service per year,2 on average. The same analysis was undertaken for the other seven land uses. Obviously there are calls to incidents on publicly owned roads and right-of-way, in parks and other publicly held parcels, these calls represent approximately 3% of the annual calls-for-service. Calls-for- service to resort lodging facilities, typically larger than hotel/motel facilities (defined as three stories or more) have been separated in order to generate a more relevant calls-for-service rate for each of the two differing types of temporary lodging. Resort facilities have been shown to generate more calls-for-service, most likely due to their convention and banquet facilities. However, any such resorts constructed in the future would also have such amenities. The annual calls-for-service was responded to by one of the City's existing 235 sworn officers establishing an average of about 260.79 calls-for-service per sworn officer annually.3 Huntington Beach 2011-12 Development Impact Fee Calculation Report 29 Item 9. - 223 HB -358- 301 381 302 382 Proportional Beach Increase 248.96 Calls Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-2 Additional Law Enforcement Calls (rounded) Generated by New Development, by Land Use Detached Dwelling Units 1,749 0.341/Unit 597.18 Calls Attached Dwelling Units 5,307 0.702/Unit 3,725.83Calls Mobile Home Units (1) 0.318/Unit 2.86 Calls Hotel/Motel Units 818 0.393/Unit 321.08 Calls Resort Lodging Units 535 0.459/Unit 245.35 Calls Commercial Uses (net in KSF) 2,417,000 0.897/KSF 1,268.07 Calls Industrial Uses (KSF) 3,638,000 0.381/KSF 1,387.80 Calls NOTES: (1) Development of these types of units is not anticipated. One acre of units is included for calculation purposes.. Cumulatively, an additional (rounded) calls-for-service would be expected at General Plan build- out. It is important to note that the additional of the thirty-three officers (8,695 annual calls-for- service 260.79 calls/sworn officer) by General Plan build-out would merely maintain the existing levels of service, and would not increase the existing levels of service because of the additional 8,697 annual calls-for-service, or the 8,448 calls-for-service to the privately-held land- uses. No judgement is made, regarded or offered about the existing standards-of-service (LOS) or the current ratio of officers to calls-for-service, or that it is the City's desired level-of-service or that it is optimum, it merely is the existing, or defacto, level-of-service (LOS). The Purpose of the Fee. The purpose of the fee is to collect proportional contributions from new development to pay for additionally required law enforcement facilities, vehicles and equipment. Specifically, additional law enforcement calls-for-service can be expected, and the cost of adding sworn officers necessary to respond to these anticipated calls, and thus maintain the existing Huntington Beach 2011 -12 Development Impact Fee Calculation Report 31 Item 9. - 225 HB -360- 303 383 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment levels-of-service afforded the existing residential and business community, can also be determined. The additional costs can be proportionally determined and translated to a fee, or an amount, necessary to offset the added costs of the required additional law enforcement staffing. Those impact costs include housing and equipping the additional required officers. Providing that the impact cost is adopted and imposed as a fee, new development will finance the capital costs of expansion of the City's Police Department. The annual operations cost of the annual salary and benefits for those additional officers, will need to come from the increases in the base amounts of property, sales and transient occupancy general tax increases generated by the new residences and businesses and their occupants. The Use of the Fee. The fees collected will be used to fund the law enforcement facilities and equipment (identified in the Master Facilities Plan) that are necessary to accommodate the anticipated (and planned for) development identified in Table 2-1. The revenues raised for a properly calculated and legally-supported Law Enforcement Development Impact Fee would be limited to capital(ized) costs related to that growth. The fees would be used to expand or increase capacity within the law enforcement facilities, increase the number of response and investigator's vehicles, and specialty equipment. Conversely, the General Plan Build-out Needs-based Law Enforcement Development Impact Fee receipts cannot be used repair the existing building, replace existing vehicles, or re-outfit a new officer (due to normal vacancies of the existing 235 officers). The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. The fees collected from new development will be used to pay the proportional facility expansion costs generated by new development. As the development occurs, the impact (in the form of new or additional demands for service) is generated in differing amounts by differing land-uses and the development impact fees would be collected as the various types of development occurs (at a time in the development review and approval process determined by the City). The collected fee would be put to use to acquire law enforcement space, vehicles and equipment for the new (and additional) officers necessary to respond to those additional calls generated by that same new development, without reducing the capability of responding to calls for the existing community. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to fund the law enforcement facilities needed to support the development anticipated in Table 2-1. To meet that need, Police Department calls-for-service records were used to verify that differing land uses generate differing amounts of calls-for-service. Anecdotally we can all recognize that a retail store would be more likely to suffer shoplifting incidents, whereas a residence is more likely to experience a domestic disturbance or break-in and thus would have differing demands. The data in this Chapter demonstrates those expected differences using data specific to the City of Huntington Beach. The collected impact fees would be used to acquire additional building space, Huntington Beach 2011-12 Development Impact Fee Calculation Report 32 HB -361- Item 9. - 226 304 384 305 385 306 386 Detached Dwelling Units $15,793,603 $409/Unit Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-4 Existing Financial Commitment or "Equity-based" Law Enforcement Impact Fees Attached Dwelling Units Mobile Home Units Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses $30,365,403 $1,090,040 $503,096 $444,401 $13,792,002 $9,258,164 $841/Unit $380/Unit $470Unit $549/Unit $1.074/S.F. $0.4751S.F. RESULTING DEVELOPMENT IMPACT FEES The General Plan Build-out Needs-based impact fees, identified in Table 3-3, are slightly less than the Financial Commitment or Investment-based fees identified in Table 3-4 indicating that the existing commitment has kept relative pace with law enforcement asset expansion. In order to ensure that proportionality, and its underlying fairness, be maintained the development impact fee schedule identified in Table 3-3, (General Plan Build-out Need-based Development Impact Fees) are the most reasonable for both additional new development and the existing community. The adoption of Table 3-3, and detailed in Schedule 3.2 at the end of the Chapter, would also generate sufficient capital, about 97% of the full amount identified in the Master Facilities Plan, to construct most of the law enforcement facilities and capital equipment needed to absorb the new demands generated by the City's continued new development while maintaining proportionality with the commitment demonstrated by the existing community. The remaining 3% would need to come from other sources. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 35 Item 9. -229 HB -364- 307 387 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment RECAP OF RECOMMENDED LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT DEVELOPMENT IMPACT FEES * Adopt Schedule 3.2, General Plan Build-out Needs-based development Impact Fees for the seven basic new land-uses. CHAPTER ENDNOTES 1. The twelve month period spanning 2009. 2. Stated slightly differently, we could expect that any randomly selected thirty homes would generate about ten calls in a given year. 3. Again, this is not intended to imply that each officers annul work effort is limited to only 260.79 calls-for- service. Patrol officers respond to a far greater number of calls-for-service. Investigators may spend an entire year on only a few cases, while officers involved in management of the Department do not necessarily respond to any. The 260.79 calls-for-service is only an average and represent the composite calls-for-service workload distributed between the entire 235 sworn officers. 4. This is almost the same as the average of 365.0 square foot per officer of six cities (with greater than 85 officers) where RCS has conducted similar analyses. Those six municipalities include Huntington Beach, Anaheim, Ontario, Riverside, Chino and Corona. The average for twenty cities (of all sizes) is 353.6 square feet per sworn officer. Huntington Beach 2011-12 Development Impact Fee Calculation Report 36 HB -365- Item 9. - 230 308 388 ifi0•00.1.41160tod.:- te:diie.i.1;00•0 • • - :NO•wpeilekiliiii6m::: • Amdant Alloca .16 Eliminate' 97.05% $7,373,049 97.05% $1,699,384 97.05% $318,023 97.05% $412,463 97.05% $9,802,919 0.00% $0 0.00% $0 97.05% $9,802,919 ...F0.14i.d:ta'Sqh.0.0.14'.. ..iVe d:• :!1050.1.1.ioned • 6.tiltatr. gas! , . : LE-001 Additional Law Enforcement Facility Space $7,597,165 LE-002 Acquire Additional Response Vehicles $1,751,040 LE-003 Acquire Additional Sworn Office issued Equipment $327,690 LE-004 Acquire Law Enforcement Specialty Equipment $425,000 SUB-TOTAL ESTIMATED NEW PROJECT COSTS I $10,100,895 2:..195% $224,116 $51,656 $9,667 $12,538 $297,976 LESS: Existing Law Enforcement Impact Fee Fund Balance $0 0.00WTr $0 SUB-TOTAL ADJUSTMENTS $0 -076i* $0 Total - Law Enforcement Capital Project Needs $10,100,895 :2A5% $297,976 Estimated Cos Percent Need AlopottiOne& E Schedule 3.1 City of Huntington Beach tn.) (..,) 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Law Enforcement Facilities, Vehicles and Equipment NOTES: 1. Costs distribution based upon a 10% sampling of Police Department "Calls-for-Service" statistics. Revenu )st Specialists, L.L.C. Full( CA 92831 309389 Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses 111.2 5,307 1.0 9 18.6 818 9.3 535 39.8 2,417,000 Net Increased Units Detached Dwelling Units (1) 295.0 1,749 Acres Llnits Generation RatP. P6it.04000.0 of Additional • . .:.. • • • •••• e.ri&O'grokl: . . . ::-AffePetien6 Expons.19a . 000000.: Pr Acre tr000ff0000io.iitz:: Schedule 3.2 City of Huntington Beach 2010-11 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Law Enforcement Facilities, Vehicles and Equipment Industrial/Manufacturing Use 187.0 3,638,000 0.341 597.18 7.07% $692,944 $2,349 5.93 $396 per Unit 0.702 3,725.83 44.10% $4,323,304 $38,879 47.72 $815 per Unit 0.318 2.86 0.03% $3,319 $3,319 9.00 $369 per Unit 0.393 321.08 3.80% $372,568 $20,031 43.98 $455 per Unit 0.459 245.35 2.90% $284,694 $30,612 57.53 $532 per Unit 0.897 2,168.07 25.66% $2,515,742 $63,210 60,729 $1.041 per S.F. 0.381 1,387.80 16,43%1 $1,610,348 $8,611 19,455 $0.443 per S.F. 10-0,004 $9.802:919 in Total Law Enforcement Capital Needs to C omplete**(0] ZEZ - .6 mon 00 Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831 310390 311391 Chapter Fire Suppression/Medic Facilities, Vehicles, and Equipment The Existing Fire Suppression/Medic Infrastructure. The Fire Department responds to calls for service from eight existing stations and trains at a facility consisting of a training (and drying) tower, classrooms, offices and support areas with specialty situation training mock-up implements. There is also a storage facility for reserve vehicles. The fire facilities are detailed as follows: Fire Station #1 (Gothard) is a 10,200 square foot facility on parcel that is just under an acre (42,166 square feet) and is located at 18311 Gothard Street. Fire Station #2 (Murdy) is a 11,500 square foot three-bays wide by two-vehicles deep facility also on a 42,166 square foot parcel at 16221 Gothard Street. Fire Station #3 (Bushard) is a one-bay wide by one-vehicle deep, 5,700 square foot facility located on a 12,980 square foot parcel located at 19711 Bushard Street. Fire Station #4 (Magnolia) is a 5,702 square foot, one-bay wide by one-vehicle deep facility located on a 21,780 square foot parcel located at 21441 Magnolia Street. Fire Station #5 (Lake) is a 11,508 square foot, three-bays wide by two-vehicles deep facility on a 14,200 square foot parcel located at 530 Lake Street. Fire Station #6 (Edwards) is a 13,000 square foot, three-bays wide by two-vehicles deep facility located on a 208,478 square foot parcel located at 18591 Edwards Street. Fire Station #7 (Warner) is an 8,750 square foot, two-bays wide by one-vehicle deep facility located on a 53,273 square foot parcel at 3831 Warner Avenue. Fire Station #8 (Heil) is a 5,712 square foot, two-bays wide by one-vehicle deep station on a 10,280 square foot parcel located at 5891 Heil Avenue. The Training Facility is also located at 18301 Gothard next to Station #1 on a 77,580 square foot portion of a City parcel and consists of 7,081 square feet of classrooms and offices. The site also has numerous training exercise implements and a drafting pool. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 40 HB -369- Item 9. - 234 312 392 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Reserve Vehicle Storage Building - The facility is 2,525 square foot storage building and is located behind Fire Station #1 (Gothard). The land and replacement construction cost of the existing stations and training facilities is approximately $52,999,718. Not surprisingly, the City also has a sizable fleet of City-owned response and prevention units (and equipment) consisting of: • Four front line and three reserve ambulances; • Two front line ladder trucks, one aerial platform and a large tiller ladder truck and one reserve tiller ladder truck; • Eight front-line and four reserve engines; • Two Battalion Chief incident command vehicles; • Seven utility pick-up trucks of varying sizes (utility and specialty support); • Three specialty vehicles, a decontamination vehicle, a HazMat vehicle and Light/Air support vehicle; and, • Twenty-two administrative, inspection and investigation sedans. The total investment in the Department's vehicle compliment is about $9,237,000. The City's investment in assigned fire fighter equipment is approximately $1,010,202 at $7,595.50 for each of the 133 sworn fire fighters. The City has also acquired approximately $537,780 in computers/Electronic equipment. There is no existing Fire Suppression/Medic Facilities, Vehicle and Equipment Impact Fee Fund thus no current year-end fund balance. The current equity of the stations, parcels, specialty equipment and the response fleet is estimated to be $63,784,700. The sale of Station #8 (Heil), to allow it to be relocated, decreases this figure by a net $2,550,473 to $61,234,227. This figure represents what it would cost to establish the existing eight station (along with the reserve vehicle and training facilities) response capability at current vehicle, equipment, land acquisition and facility construction costs. The relevance of this figure will be established later in this Chapter. Demand U a on Infrastructure Created b the Develo a ment of Under or Undevelo • ed Parcels. While it can be said that numerous factors are considered when determining the number of and location of fire stations in any city, it can be stated without any logical argument that all new (net) private development in the City will have an effect on the City's current ability to respond to fire, medic, and emergency calls-for-service. The effect, simplified but not trivialized, is twofold. Initially, each new residential and business development will create, on average, more calls-for- service increasing the likelihood of simultaneous (and thus competing) calls-for-service. Additionally, as development spreads further from any existing station or stations, as large-scale development is often likely to do, the distances (and thus response times) will increase, taking the existing engine companies out-of-service for greater lengths of time. Huntington Beach 2011-12 Development Impact Fee Calculation Report 41 Item 9. - 235 HB -370- 313 393 The capacity of any fire station to respond to calls-for-service is finite and will ultimately reach practical limits (through a combination of call-frequency and total time on that call). When that station's capacity is exceeded, the level-of-service afforded to existing development will be greatly diminished. Or stated in another way, if development continues without the addition of fire stations (additional capacity), the existing station will be overwhelmed (new demand), making a timely response for emergency service less likely. That is to say, the existing engine companies may not be available to respond to your needs as they may be out-of-service on a call in a different part of the community. The Purpose of the Fee. The purpose of the fee is to collect proportional financial contributions from new development to pay for additional fire suppression/medic facilities, vehicles and specialty equipment. In order to be able to continue to be able to respond to an ever-increasing number of expected calls, the Fire Department staff has determined the need for the relocation of one new station (as opposed to adding a ninth) and an expansion of one existing station. Having the right type and inventory of fire stations in the right locations enables the City's policy makers to house fire fighters, apparatus, and equipment in a rational way for maximum use of resources. Conversely, the penalties are high and extremely visible, for inadequate fire response capacity. Adverse effects are felt by the City's fire staff, the council, and indeed by the existing taxpayers. With poor response capacity response times, (via distance or out-of-service due to a previous call), can become excessive and if a tragedy occurs, the incident will be well publicized. Often, response time is mistakenly referred to for only the first-in unit. This can be a grave error. More correctly, response time must consider the time necessary to assemble all of the fire resources necessary to place the incident under control. If the first unit arrives within five minutes but cannot provide the necessary water flow, undertake entry, or perform the needed functions due to a lack of staffing, the five minute response becomes insignificant and irrelevant. Thus an increase in the number and type of response vehicles is also necessary to match and equip the needed additional staff. The following sections identify the manner in which the City plans to meet the demands of additional calls-for-service and can thus accommodate new development. The Use of the Fee. The development impact fee would be collected as the development occurs at some point of the development review process determined by the City. As the development occurs, the impact is generated. The collected fees would be put to use to acquire the additional fire-fighters' facilities necessary to respond to additional calls-for-service, necessary to avoid reducing the capability of responding to calls from the existing community. These fees will be used to finance the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment (identified in the companion Master Facilities Plan) that have been identified as necessary to accommodate the anticipated (and planned for) development identified in Table 2-1. Huntington Beach 2011-12 Development Impact Fee Calculation Report 42 HB -37 1- Item 9. - 236 314 394 Fire Suppression/Medic Facilities, Vehicles, and Equipment Chapter 4 The proposed fire suppression/medic facilities and equipment that are necessary to accommodate the anticipated (and planned for) in Table 2-1 are identified in the companion document the Master Facilities Plan. It is important to note that the fees would be used to acquire additional stations or expand existing stations (to increase the response capacity of that station) and increase the number of emergency response vehicles. Conversely, the Fire Suppression/Medic Facilities, Vehicles, and Equipment Impact Fee receipts could not be used to simply repair any existing fire station or replace any existing emergency response vehicles. Additional facility capacity is planned to come on-line, as needed, as development creates additional demands beyond the existing capability (frequency and distance) of the existing stations. The six capital projects expansions proposed by the City's fire staff will cost a net $11,241,972. They are described briefly: FS-001 - Relocate Station #8 (Heil) - The proposed project involves the relocation of the existing station from it's current location on Heil Street just west of Springdale to a more northerly area near Graham Street, north of Edinger Street. The relocation is largely needed to meet the shifting and increasing demands resulting from the redevelopment/up-sizing of both the Downtown Specific Plan and the Beach/Edinger Specific Plan corridor. The proposed building would be a three-bay wide by two-vehicle deep facility. The project would need approximately an acre and a quarter. FS-002 - Construct Station #8 (Heil) Apparatus Storage Facility - The reserve vehicle storage facility behind the existing Station #1 would need to be supplemented with a storage facility behind Station #8 as part of the above project but is not fully needed as result of the redevelopment of the two large specific plans. It is partly needed to accommodate existing reserve vehicles. FS-003 - Construct a Single Bay/Quarters At Station #4 (Magnolia) - The project will add 2,400 square feet to the station. The additional space would consist of an additional 1,600 two vehicle deep bay to house and additional engine company and an ambulance. FS-004 - Acquire an Additional Engine and Ambulance for Station #4 (Magnolia) - This project consists of the response vehicles in support of the Station #4 expansion. FS-005 - Acquire an Additional Engine for Station #1 - This additional engine would be needed to assist in handling the additional call volume resulting from the development in both the Downtown Specific Plan and the southerly portion of the Beach/Edinger Specific Plan corridor. FS-006 - Acquire an Additional Engine for Station #2- This additional engine would be needed to assist in accommodating additional call-for-service volume resulting from the development in the Beach/Edinger Specific Plan corridor. Huntington Beach 2011-12 Development Impact Fee Calculation Report 43 Item 9. - 237 HB -372- 315 395 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment The proposed projects and costs are identified on Schedule 4.1 and are detailed in the Master Facilities Plan. The total cost of completing the fire infrastructure system is $11,941,972, which is mitigated by the $700,000 offset anticipated by the sale of the Station #8, Heil for a net total of $11,241,972. There is no existing Fire Suppression/Medic Development Impact Fee fund thus no fund balance. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to finance the required expansion to the fire suppression/paramedic facilities et. al. needed to support the development anticipated and identified in Table 2-1. Fire suppression/medic response standards extended to new development should be consistent with the fire response currently enjoyed by the City's existing citizens and business community by constructing new facilities, or the result will be a deterioration in the level-of-service provided both to the existing residents and future citizens and businesses within the City. It follows that it is appropriate to assess future development to contribute additional fire suppression/medic facilities, vehicles and equipment. To project the impact of future development on fire services, it was first necessary to quantify the current impact on services from each of the City's land uses. Then, a determination of the costs of future capital facilities necessary to meet this increased demand was made. The following section illustrates the relative impact from each land use on fire services and facilities. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to fund the fire suppression/paramedic facilities needed to support the development anticipated in Table 2-1. To meet that need, actual Fire Department calls-for-service records' were used to verify that differing land uses generate differing numbers of calls. The data in this Chapter demonstrates those expected differences using data specific to City of Huntington Beach. The collected impact fees would be used to acquire equipment for additional fire fighters, vehicles and additional building space necessary to respond to the calls-for-service generated by private residential dwelling and business space. The Relationship Between the Amount of the Fee and the Cost of the Portion of the Facility Attributed to the Development Project. Each new development would finance a proportional amount of the expansion of the fire station/company response capacity, vehicle response fleet and specialty response/paramedic equipment and thus a proportional share of the costs. It is unlikely that any specific development will generate the need to construct the additional fire station, but each one will pay for their proportional demands on that expansion. Huntington Beach 2011-12 Development Impact Fee Calculation Report 44 HB -373- Item 9. - 238 316 396 38,616 4,762 0.123/Unit Detached Dwelling Units Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment While the majority of these requests for service were made by residents of Huntington Beach from their homes, a large percentage of requests were generated from existing commercial/office and industrial uses within the City. A survey of each land use and its existing effect on requests for calls-for-service was conducted to determine existing service ratios and thus be able to project the impact of future development on fire services. This survey was undertaken similarly to the process used to determine law enforcement demand as described in Chapter 3, Law Enforcement. Only requests for fire and medic services to privately held property were counted. Calls-for- service to public property such as City parks and public right-of-way or intersections were not included which, in effect, distributes these calls pro-rata through the calls-for-service from privately held property. This is based upon the argument that all public land serves privately held land in some manner. Table 4-1, following, identifies the number of requests for service received by the Fire Department during the period of July 1, 2008 and June 30, 2009, by land use (detached dwelling, attached dwelling, mobile home, resort hotel/motel, commercial/office, and industrial). The number of calls-for-service received by the Fire Department for each of the major land-uses during the year was then divided by either the existing number of dwelling units (for residential uses) or the developed acres (for commercial, office and industrial uses) to determine the number of requests generated per dwelling unit or commercial or an industrial acre. Table 4-1 Average Annual Existing Responses Per Unit Or Acre Attached Dwelling Units 36,108 1,846 0.051/Unit Mobile Home Units 2,865 607 0.212/Unit Hotel/Motel Units 1,070 51 0.048/Unit Resort Lodging Units 809 86 0.106/Unit Commercial & Office KSF 12,836,000 565 0.044/KSF Industrial KSF 20,261,000 82 0.004/KSF Huntington Beach 2011-12 Development Impact Fee Calculation Report 45 Item 9. -239 HB -374- 317 397 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment The beach/City right-of-way areas generated 195 calls for service. Of residential land uses, the occupants of an attached dwelling unit are less likely, by less than half as much, to require an emergency fire service response at 0.051 annual responses per unit, than the occupants of a detached dwelling unit at 0.123 annual responses per unit. Commercial/Office development is shown to generate 0.044 responses per 1,000 square feet of building pad, while industrial development generates a minimal response demand of 0.004 calls per 1,000 square feet of building pad. The lower demand by industrial uses over commercial/office uses should be expected given the greater density of employees and patrons in a commercial or office establishment when compared to an industrial business of similar building size. However, it should be noted that while there are fewer calls for industrial properties, significant specialty training is required to be prepared for industrial responses, (i.e., confined space and hazardous materials training). Table 4-2 indicates that, given the high density of rooms and accompanying facilities, an acre of resort development, creates the highest demand for fire services, thus the development impact fee for that land use is the highest, on an average acreage basis. Table 4-2 Calls-for-service by Land-use an Acre Basis Detached Dwelling Units Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses (per KSF) 0.123 6 0.74 0.051 20 1.02 0.212 14 2.97 0.048 32 1.53 0.106 40 4.25 0.044 15,246 0.67 Industrial/Manufacturing Uses (KSF) 0.004 21,779 0.09 Based on the existing rate of responses by land use, the increased number of fire suppression/medic service responses generated by future residential, commercial/office and office Huntington Beach 2011-12 Development Impact Fee Calculation Report 46 Item 9. - 240 HB -375- 318 398 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment development was extrapolated. This was accomplished by multiplying the average responses per unit or 1,000 square feet (KSF), established in Table 4-1, by the number of anticipated dwelling units, commercial rooms or business KSF. Table 4-3, following, indicates the number of additional calls-for-service that could be anticipated from the development of currently vacant land within the City's planning area. Table 4-3 Additional Annual Fire Suppression/Medic Responses Generated by Future Anticipated Development Detached Dwelling Units 0.123/unit 1,749 units 215.68 calls Attached Dwelling Units 0.051/unit 5,307 units 271.32 calls Mobile Home (in parks) Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses Total 0.212/unit 9 units 1.91 calls 0.048/unit 818 units 38.99 calls 0.106/unit 535 units 56.87 calls 0.044/KSF 2,417 KSF 106.39 calls 0.040/KSF 3,638 KSF 14.72 calls 705.88 calls Proposed Capital Expenses. The total cost of the required improvements to the City's investment of fire suppression/medic facilities, vehicles and specialty equipment was previously estimated to be $11,941,972 with an offset of $700,000 from the proceeds of sale of the to-be vacated Heil Station #8. Roughly 46.4% has been identified as required to serve the net new calls-for-service resulting from development or up-sizing due to redevelopment. Projects FS-001 through FS-006 are capacity-increasing and have been determined by City staff to be necessary to accommodate the anticipated additional calls-for-service from new development or for a more appropriate aerial unit. When this cost is distributed the various land-uses and the demands created by each, a proportional cost is determined, by development unit. Table 4-4, summarized from Schedule 4.2, indicates the proportional cost by land-use unit. Huntington Beach 2011-12 Development Impact Fee Calculation Report 47 Item 9. -241 HB -376- 319 399 Detached Dwelling Units $968/Unit Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Table 4-4 General Plan Build-out Needs Fire Facilities, Vehicles and Equipment Development Impact Fees $1,693,338 Attached Dwelling Units Mobile Home Units (in parks) $2,130,176 $14,996 $401/Unit $1,666/Unit Hotel/Motel Units $306,117 $374/Unit Resort Lodging Units $446,495 $835/Unit Commercial/Office Uses $835,285 $0346/S.F. Industrial Uses $115,569 $0.032/S.F. Existing City Financial Commitment. The replacement value of the existing fire infrastructure (parcel and station, response fleet and related safety/specialty equipment) at a net $61,234,227 (includes the potential sale of the Heil Station) was referenced earlier in this Chapter. This represents the current investment or financial commitment by the existing community toward fire suppression/medic capability/capacity. When this figure is distributed over the existing development in the same manner as were the future costs, by the land use demands, an average investment, or financial commitment (or equity for that matter) per unit is determined, The results are summarized in Table 4-5 (from Schedule 4.3). As an example, each detached dwelling unit has "invested" over the lifetime of the City, about $922 (as identified in Table 4-5 following) into fire suppression/medic capital, an amount that is about 95 % of the General Plan Build-out Needs- based Development Impact Fee schedule identified in the previous Table 4-4 and detailed in Schedule 4.3. The current community's commitment has established the eight response station capacities and was paid for through years of General Fund receipts. To allow future residents to benefit by use of all of the capital needs without contributing additional assets, could endanger the existing residents and businesses. Table 4-5, following, summarizes the distribution of the $ in replacement costs to the existing community, (Schedule 4.3 indicates this in greater detail). Huntington Beach 2011-12 Development Impact Fee Calculation Report 48 HB -377- Item 9. - 242 320 400 Detached Dwelling Units $922/Unit Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Table 4-5 Existing Fire Suppression/Medic Existing Community Financial Commitment $35,586,696 Attached Dwelling Units Mobile Home Units (in parks) Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses $13,795,263 $4,536,145 $381,126 $642,683 $4,222,277 $612,791 $382/Unit $1,583/Unit $356/Unit $792/Unit $0.3291S.F. $0.030/S.F. Other (beach area) $1,457,246 NA Of importance is the fact that the Community Financial Commitment or Equity-based costs on Table 4-5 are just slightly higher, at roughly 105%, than the proposed General Plan Build-out- based impact fees as demonstrated in Table 4-4. This indicates that the City is just slightly behind in its cumulative and proportional investment in needed fire suppression/medic facilities, vehicles and equipment. RESULTING DEVELOPMENT IMPACT FEES Since the equity position of the existing community is slightly less than the General Plan Build-out Needs-based development impact fees necessary for expansion, the current Community Financial Commitment or Equity-based Proportionality Test-based Development Impact Fees, as identified in Table 4-5 and Schedule 4.3, would be the most equitable fee schedule to adopt. Resulting Development Impact Cost Distribution. The collection of the proposed development impact fee, through build-out would allow the City to provide a great deal (44.7%) of the proposed expansions and most of the equipment, but not all of it. It would fall about $6.0 million short of financing all of the required improvements attributed to new development. Huntington Beach 2011-12 Development Impact Fee Calculation Report 49 Item 9. -243 HB -378- 321 401 chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment OTHER NOTES AND ISSUES 1. The City will need to monitor the approval of conditional uses within industrial zoned development where newly constructed industrial developments. These land uses are initially have the lower industrial use development impact fees imposed when constructed as "spec" buildings but end up being used, with a CUP, for commercial/office uses. These commercial/office uses generate far greater demand than the industrial uses. If left unchecked, the Fire Department, as well as other City services, will be faced with the greater demand from the actual commercial/office uses but will be left only with the collection of the far lower industrial use development impact fee rates. To avoid this under collection, the City should impose an impact fee representing the difference between the commercial/office development impact fee and the previously paid industrial land-use impact fee when a CUP is approved and tenant improvement plans are submitted indicating a commercial or office use. RECAP OF RECOMMENDED FIRE SUPPRESSION/MEDIC FACILITIES, VEHICLES AND EQUIPMENT DEVELOPMENT IMPACT t'EES. • Adopt Schedule 4.3 General Plan Build-out Needs-based for the seven basic land-uses. CHAPTER ENDNOTES 1. The response data is generated from Department response incident data used to complete the annual National Fire Incident Report (NFIR's). Huntington Beach 2011-12 Development Impact Fee Calculation Report 50 HB -379- Item 9. - 244 322 402 COnstruction Needs Sopportecl by •Ottiet Resoutaas... Opi.:10rot.oci.Ok Ne .W. . . Development cp Schedule 4.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Fire Suppression/Medic Facilities and Vehicles 0it :: l'OpottlOr? pct.. ferOen APpOttiO00:: .iv.0.4.1 .•:iii:-.Obiiat .,:i.o..ei:iii:, :i0oiiaidia..t: FS-001 Relocate Station #8 (Heil) FS-002 Construct Station #8 (Heil) Apparatus Storage Facility FS-003 Construct a Single Bay/Quarters at Station #4 (Magnolia) FS-004 Acquire an Engine Company and Ambulance for Station #4 (Magnolia) FS-005 Acquire an Engine Company for Station #1 (Gothard) FS-006 Acquire an Engine Company for Station #2 (Murdy) $1,716,044 75.00% $1,287,033 25.00 0/01 $429,011 $1,266,458 50,00% $633,229 50.00°M $633,229 $740,000 50.00% $370,000 50.00% $370,000 $525,000 50:00% $262,500 50.00%1 $262,500 $525,000 50:00 6/c $262,500 50.00% $262,500 $3,584,735 50.00% $3,584,735 $7,169,470 5O00% SUB-TOTAL ESTIMATED NEW PROJECT COSTS J $11,941,972 53.5.9%, $6,399,997 46.41%1 $5,541,975 LESS: Existing Fire Suppression Impact Fee Fund Balance 1 $0 . 100..009 $0 Sale of Property (Heil Station) ($700,000) 100.:0 -0.0 0:00% ($700,000) ($700,000) SUB-TOTAL ADJUSTMENTS I ($700,000) 0.00% $0 0.00% $0 0.00% $0 Total Fire Suppression/Medic Capital Project Needsj $11,241,972 .50:70% $5,699,997 49.3004 $5,541,975 orward to Schedule •?_ NOTES: 1. The cost distribution is based upon annual Fire Department "Calls-for-Services statistics (NFIRs). Revenu n .)st Specialists, L.L.C. Fulle A 92831 323403 Detached Dwelling Units (1) 295.00 1,749 0.123 Attached Dwelling Units 11t20 5,307 0.051 Mobile Home Dwelling Units 1.00 9 0.212 Hotel/Motel Lodging Units 18.60 818 0.048 Resort Lodging Units 9.30 535 0.106 Commercial/Office Uses 39.80 2,417,000 0.044 Industrial/Manufacturing U$el 187.00 3,638,000 0.004 TOTAL '1 .90 00 ej..-00.$00 Land Us e . ected New Calls oi- Service 215.68 271.32 1.91 38.99 56.87 106.39 14.72 Percentage of Additioflal Service Calls 411.00000 Of Expansion Costs P-0100000 iolao Ave or 30.55% $1,693,338 $5,740 38.44% $2,130,176 $19,156 0.27% $14,996 $14,996 5.52% $306,117 $16,458 8.06% $446,495 $48,010 15.07% $835,285 $20,987 2.09% $115,569 $618 41001.00#10it Impact Fee per Uni .............. oar& ,00 $968 per Unit $401 per Unit 5.93 47.72 9.00 $1,666 per Unit 43.98 $374 per Unit 57.53 $835 per Unit Schedule 4.2 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Fire Suppression/Medic Facilities and Vehicles 60,729 $0.346 per S.F. 19,455 $0.032 per S.F. .705.88 00:0()% 505414175 in Total Fire Suppression capital NeedSto.Finfsh .SYSterri • age CD -P. Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831 324404 Allocation of fnfrastruOtute flEquity" Oianit•OtiOn Of TOogy ::: PO: e Acre Average Units or square Feet/Acre Current Final-rola! .Commitment per Unit or Square rogt.. of Existing 4,762.0 1,846.0 607.0 51.0 86.0 565.0 82.0 195.0 58.12% $35,586,696 22.53%1 $13,795,263 7.41 0/61 $4,536,145 0.62% $381,126 $642,683 $4,222,277 $612,791 $1,457,246 6.00 $922 per Unit 20.00 $382 per Unit 14.00 $1,583 per Unit 32.04 $356 per Unit $794 per Unit $0.329 per S.F. 21,779 $0.030 per S.F. 1.05 0/ 6.90 0/ 1.00% 2.38% 40.05 15,246 $61,234, • • •• • •• • .•••• • ••• • •••:. •• • • • • • •• ..,•:•••••••••••••• • • •••• —•••• •: ........ ... .$52,999,718 in .. . .. . . .Suppression .... .. . . • , . . , •• • . . . . . . . ... ($3,250,473) Less Hell Station #8 (to .t*f.§0000.4 $700,000 Proceeds of Sale of Fleil Station #8 , . . . . 03;*37;0.00. .,A14:00.** Fire Suppression Vnhcles. $1,010,202 in Existing Fire-fighter Assigned Equipment. . . . . ... ........... -:•:•:. ..... . •:•::•:•:• 04$0.66•00$0.0010.010000tr.04 .:0.i.40.0.4,00 0 1 00.00% $5,529 $7,641 $22,171 $11,411 $31,816 CD Schedule 4.3 t,..) City of Huntington Beach 4. 2011-12 Development Impact Fee Calculation and Nexus Report Community Financial Commitment or Equity-based Proportionality Test Fees Fire Suppression/Medic Facilities and Vehicles :Developed .AC(4S I• Units . • Cali Gnrziot Detached Dwelling Units (1) 6,436.00 38,616 Attached Dwelling Units 1,805.40 36,108 I Mobile Home Dwelling Units 204.60 2,865 I Hotel/Motel Lodging Units 33.40 1,070 Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Use 930.30 120,261,000 Beach Area yoticV ............. Revenu .)st Specialists, L.L.C. Full( CA 92831 CZ oc 1n") 20.20 I 809 I 841.90 112,836,000 1 I 0.123 0.051 0.212 0.048 0.106 0.044 0.004 325405 Chapter 5 Circulation (Streets, Signals and Bridges) System The following Chapter will identify the street, traffic signal and bridge improvements (henceforth referred to as the Circulation System) planned for the City through General Plan Build-out of the existing City limits as identified in the Land-use Database Table in Chapter 2. RCS recommends the continuation of the City's comprehensive Circulation System Development Impact Fee, i.e., a fee that combines the required street, signal and bridge expansions, all of which are related to the movement of primarily vehicles. The reasons are practical in that combining these three components will provide greater flexibility in establishing priorities in what is essentially a singular circulation issue with a common nexus, traffic or as stated in trip-mile generation. It is fairly common that a single circulation system capital improvement project will involve both a street improvement (or intersection) and signal improvement. The Existing Circulation System. The City currently has and maintains an extensive system of roadways available for transportation of goods and services, as well as for educational, recreational, and social purposes. Streets that fall under the jurisdiction of City of Huntington Beach are classified as one of four types of roadways for the purposes of this Report. Roadways are defined in part (in the City's General Plan Circulation Element)2 as: •Freeway - Very high mobility with limited access to arterial streets and no access to adjacent land use. [The City is not responsible for the construction of freeways but will likely have to financially assist CALT.RANS with any alteration to an existing access/egress ramps]. •Arterial - High mobility with access to collectors, some access to local streets and major traffic generators. •Collector - Limited mobility connecting local streets with arterials; also provides good access to adjacent land uses. •Local -Limited mobility but provides very good access to adjacent land uses and collector streets. Typically, locals would be constructed upon the developer's private property and generally only benefits those new residential or business buildings. Assuming that the design criterion has been met and that the right-of-way improvements meet inspection requirements, the City then accepts Huntington Beach 2011-12 Development Impact Fee Calculation Report 54 HB -383- Item 9. -248 326 406 Chapter 5 Circulation (Streets, SingrLls, and Bridges) System the local street improvements along with the responsibility to maintain the improvement in perpetuity. In short, local streets are of little benefit to the City-wide circulation system, and these costs are not shared by other developers, as the collector and arterial system improvements are. For these reasons, the cost of all local streets is excluded from the Circulation System Development Impact Fee calculation. Demand Upon Infrastructure Created by the Development of Undeveloped Parcels. Undeveloped parcels create few trip-ends beyond an occasional visit to the site for weed abatement purposes or to consider a sale or development of the vacant parcel. None of these trip-ends are on a routine basis. However, a developed parcel will generate a statistically predictable number of trip-ends, depending upon the specific land use of the development. Thus it can be stated that a vacant parcel, when developed into a specific use, i.e. , residential or business, will generate more traffic than it did when it was vacant. Similarly, a change in the use of the parcel may also increase the number of daily trip-ends. A good example would be the demolition of a low trip-generating insurance office which is reconstructed as a new high trip-generating fast-food restaurant. All new development contributes to cumulative traffic impacts, which are difficult to measure and mitigate on a project-by-project, basis but which have significant and widespread cumulative impacts on the City's existing road system. Factors that will increase the competition for existing lane miles (and freeway crossings) include, (as measured by trip-miles defined later in Chapter text) the following: • An increase in the City's full-time population through the construction of about 7,065 additional dwelling units contributing approximately 183,270 new trip-miles daily or just more than 49.4% of the newly expected daily trip-miles. • The construction of 1,353 commercial lodging units (resort and hotel/motel) will generate 26,882 daily trip-miles, not quite 7.3% of the total new trip-miles annually. • The construction of private commercial and office uses on the (net) 40 acres currently identified as undeveloped commercial or office uses will generate 78,553 new daily trip- miles, or about 21.2% of the total new trip-miles expected at General Plan build-out. This figure could vary significantly depending upon the type of commercial uses constructed and possible zoning changes or conditional use permits issued. • The addition of 187 acres of industrial development (and Institutional Uses) generating the potential for an additional 82,219 daily trip-miles, just under a quarter of the total new trip-miles at 22.1 %. Again, it is possible that some parcels zoned for industrial uses will end up being commercial uses after obtaining a Conditional Use Permit. There Huntington Beach 2011-12 Development Impact Fee Calculation Report 55 Item 9. - 249 HB -384- 327 407 Chapter 5 Circulation (Streets, Signals, and Bridges) System are likely many existing industrial buildings contiguous to the City's many arterials and collectors that have become commercial uses. When all (or most) of the available vacant land is developed, the City can expect an additional 370,924 daily trip-miles. For perspective, the City currently experiences approximately 3,135,213 daily trip-miles from the existing residences and businesses. The 370,924 anticipated trip-miles represents an approximate 11.8% increase over the existing 3,135,213 daily trip-miles. The Purpose of the Fee. The purpose of the fee is to collect proportional contributions from new development to pay for additional circulation system capacity and by creating more lane miles or more efficient lane miles with which to accommodate the additional trip-miles created by and anticipated from new development. Additionally there are circulation projects required to alter existing arterials, collectors or intersections that currently exist, but due to additional trip-miles are becoming ineffective at moving vehicles. An example would be the intersection of Beach Boulevard and Edinger Avenue (ST-001). This project is required because additional citizens and business-owners will use the existing intersections along with the current users rendering it, again, ineffective at moving traffic at a reasonable pace, primarily during the a.m. and p.m. peak hour of traffic. Acceptable traffic paces can be maintained with a combination of road widening, freeway access/egress, proper signalization and turn lane channelization. The simple answer to increasing demand for lane miles is to construct additional lane miles. Unfortunately there are little if any opportunities to construct additional lane miles of arterials or collectors within the City's limits without the impractical and acquisition of very expensive right-of-way. Thus, given the size of City of Huntington Beach and the magnitude of growth projected in this Report, numerous intersection improvements and construction of technologically improved traffic signals will be the primary methodology employed by the City to avoid congestion and gridlock in the future. Traffic planners have long known that the critical constraint in a typical roadway network is usually not the roadway itself but the many intersections of arterial and collector roadways. While the street capacity may be theoretically adequate to carry traffic volumes at build-out, motorists may experience congestion and even gridlock at the intersections of the arterial/collector. While the City will likely undertake, some street widening projects where possible, the installation of traffic signals and lane reconfiguration at critical intersections in the City is perhaps a more important component of traffic circulation. The importance of traffic signals is twofold. First, the City can build only so many major collector streets and there are limits as to how wide they can be, indeed there are no more practical opportunities for additional lane-miles. Second, a north-south arterial/collector, by definition, will intersect with an east-west arterial/collector assuring that someone will have to stop, either at a stop sign or a traffic signal, adding time to their tasks. The traffic carrying capacity of each Huntington Beach 2011-12 Development Impact Fee Calculation Report 56 HB -385- Item 9. - 250 328 408 Chapter 5 Circulation (Streets, Signals, and Bridges) System collector can only be maximized by assuring orderly flow of traffic by efficient signalization of those intersecting arterial/collector roadways. None of this is intended to eliminate the time-honored practice of the developer constructing the full width roadway and being reimbursed for the portion greater than would otherwise be required of the developer. This impact fee calculation and resulting fee collection would simply improve the reimbursement capability. The City's Master Facilities Plan Circulation System section identifies fifteen circulation projects costing a net $28,539,780. The individual projects and costs are identified on Schedule 5.1 at the end of the Chapter and detailed in the Master Facilities Plan. A total of $26,608,410 has been identified by staff as capacity increasing, leaving $1,929,390 to be supported by other financial resources such as assessment districts, State (CALTRANS) assistance, General Funds, etc. There is an existing Circulation System Development Impact Fee Fund balance of $200,000 leaving some $1,469,370 with unidentified revenue sources. The Use of the Fee. The continued collection of the Circulation System Development Impact Fee would be used to construct the projects (or portions of projects) identified in Schedule 5.1 at the conclusion of this Chapter's text. The collected fees will be used to create additional lane miles with which to accommodate the additional 370,924 additional daily trip-miles that will be generated by the scope of development identified in Table 2-1. Nineteen specific signal modification/intersection modification improvement projects have been included in the list of proposed projects. They include: Beach Boulevard - Seven signal modification/intersection improvement projects would be constructed along Beach Boulevard at the intersections with Edinger, Heil, Warner, Slater, Talbert, Garfield, and Yorktown Avenues. Pacific Coast Highway - Three signal modification/intersection improvement projects would improve traffic flow along Pacific Coast Highway at Warner Avenue, Goldenwest and Brookhurst Streets. Newland Street - Three signal modification/intersection improvement projects along Newland Street include the intersections with Talbert, Warner and Yorktown Avenues. Goldenwest Street - There are two such projects planned at the intersections of Goldwest Street with Bolsa and Slater Avenues. Gothard Street - There are also two signal/intersection improvement projects planned at the intersection of Gothard Street with Slater and Talbert. Huntington Beach 2011-12 Development Impact Fee Calculation Report 57 Item 9. - 251 HB -386- 329 409 Chapter 5 Circulation (Streets, Signals, and Bridges) System There are two more signal improvement projects, one at the intersection of Ward Street and Garfield Avenue and one at Brookhurst Street and Adams Avenue as well as a few minor intersection improvements that will be identified as development projects arise. There is a minor amount for a facility addition at the City yard to store replacement signal equipment. The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. There is a reasonable relationship between the fees' use and the types of projects on which the fees are imposed. The fees will be used to provide for a fair share contribution for transportation system improvements, including various street, signal and bridge project improvements needed to accommodate additional development of residential units and business square feet. The development impact fee to be imposed and collected will be based on the ratio of projected number of trip-miles the proposed development will generate in relationship to the total 370,924 additional projected trip-miles at General Plan build-out. Any amount imposed as a Circulation System Development Impact Fee will continue to be placed in a separate fund as the current City practice (collecting interest) and is to be used only on the projects identified on Schedule 5.1 as development-related. From time to time the City may require an applicant of a private project to construct a street or signal improvement (or portion thereof) that is on the list of required improvements at the end of this Chapter. This method is often undertaken to expedite the project at the request of the applicant/developer. The developer should receive a credit representing the cost of those required improvements, against their mathematically calculated impact fee, for any money expended on this required improvement against any circulation projects. Should one not exist, a portion of the ordinance addressing the issue of credits should be prepared and added to the City of Huntington Beach Municipal Code. The following table identifies some of the key system attributes of the Circulation System. The attributes identify that approximately 89.4% of the total trip-miles at "build-out" are represented by the existing community who have contributed a similar, but larger amount (96.2%) of the cost of the entire system. The traffic system yet to be built represents about 3.9% of the total trip-mile supporting system when the City is fully developed. Since there is a finite amount of room for additional major roads, traffic signals must be constructed at the intersection of major arterials. All of this generally indicates that the City is "on target" in terms of the construction of a circulation infrastructure. Or another way to state it is that the current drivers will generate 89.4% of the ultimate "build-out" trip-miles, have constructed about 96.2 % , (in terms of cost) of the required infrastructure. It would be appropriate to assume that the remaining 10.6% of the traffic trip-mile generators contribute the remaining 3.9% of the infrastructure. Huntington Beach 2011-12 Development Impact Fee Calculation Report 58 HB -387- Item 9. -252 330 410 331 411 332 412 333 413 334 414 335 415 336 416 337 417 338 418 339419 340420 341421 342 422 343 423 Chapter 6 Storm Drainage Collection System use) and the varying amounts are referred to as the runoff coefficients. Approximately 0.775 (or 77.5%) of rainfall that falls on a parcel developed with detached dwelling residences, exits that developed parcel. The rate for attached dwelling residences runoff is little much higher at 0.810 (81.0%). Most business uses such as a hotel/motel, resort, retail/office and industrial have a runoff coefficient of between 0.875 and 87.5% with industrial acres to 0.950 or 95 %. Clearly, water runoff increases when a vacant property is developed with impervious roof-top, sidewalks and driveways/parking lots. The cumulative effects of additional runoff must be managed with the appropriate capital facilities to move the water and, in some cases such as during heavy downpours, detain the storm water prior to releasing it slowly into the downstream storm drain. The costs of the new storm drainage will be distributed by the coefficients of drainage, i.e., the percentage of property that will end up with impervious coverage such as asphalt or cement-based concrete drives or parking lots, rooftop, pools and any other hard surface that do not allow any absorption into the soil. The Purpose of the Fee. The purpose of the development impact fee is to collect fair share contributions from the various land-uses to finance the proportional acquisition of additional storm drainage system improvements needed to collect that additional storm water runoff from the that same proposed development. The cost of extending the same level of storm drainage protection to the newly developing homes and businesses as is provided to the existing community, (that has largely paid for the existing system), can be calculated, an impact fee imposed and collected. The impact fee revenues can then be used to expand the storm drainage facilities necessary to extend the existing level-of-services. The City's Storm Drainage Plan identifies a total of $207,494,225 in storm drainage collection system capacity-increasing projects required to fully complete the City's General Plan build-out network of pipes, small channels and detention ponds. This cost cannot be mitigated by Storm Drainage System Development Impact Fee fund balance. The Use of the Fee. The construction of storm drainage collection facilities in the City of Huntington Beach is essential to the preservation of private property, and the millions of dollars invested in public streets, curbs, parks and other public facilities. The building of new residences and businesses on presently undeveloped (or underdeveloped) land will require the installation of additional storm drainage collection lines and inlets to handle the ever increasing runoff from this same new development. This Chapter reviews the costs of expanding the storm drainage collection system facilities needed to accommodate the drainage generated by future development. The revenues raised from a properly calculated and supported Storm Drainage Collection System Development Impact Fee would be limited to capital(ized) costs related to that growth. The fees would be used to construct additional or parallel storm drainage lines (to increase the drainage capacity of the system). Conversely, the Storm Drainage Impact Fee receipts would not be used to repair, replace or rehabilitate any existing storm drainage lines with adequate capacity. Huntington Beach 2011-12 Development Impact Fee Calculation Report 72 HB -401- Item 9. -266 344 424 0.775 Storm Drainage Collection System Chapter 6 The Relationship Between the Need for The Public Facilities and the Type of Development Project. There is a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed. New residents and businesses utilize and impact the community's existing storm drainage system which requires various storm drainage improvements. Upon the identification of the costs of storm drainage facilities, generated by future development, costs must be further distributed for each of the land uses (i.e., commercial and residential uses) based on their estimated storm runoff. Detached and attached residential dwelling development provides the most landscape percentage per parcel and thus the greatest percolation and conversely the least runoff of storm-water. As such, these land uses should not bear the same cost as Commercial/Office or Industrial use developments, both of which generally will have lesser landscape area (or stated another way, have a higher percentage of impervious area) and therefore generate a higher amount of storm water runoff. Schedule 6.1 contains the list of storm water projects identified 4 as necessary to control the storm water runoff resulting from the creation of an impervious surface by future development and also continue to protect the existing developed community. The list consists of hundreds of small projects in six storm drainage zones estimated to cost $207,494,050. For this Report, costs were distributed between land uses on established runoff coefficients. Table 6-1 is the listing of these runoff coefficients employed in this Report.5 Table 6-1 Storm Drainage Runoff Coefficients (@ a 2"/hour rainfall) Detached Dwelling Units Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses 0.810 0.800 0.900 0.875 0.900 0.950 Huntington Beach 2011 -12 Development Impact Fee Calculation Report 73 Item 9. - 267 HB -402- 345 425 346 426 Detached Dwelling Units Chapter 6 Storm Drainage Collection System fmance the remaining 50.5% of the total General Plan cost of the system at a guaranteed preventive (and assuredly illegal) development impact fee of about $370,000 per acre. This clearly indicates that the City's storm drainage collection system has not been constructed proportionally and ratably with the amount of storm runoff generated by the development in the City to date. Stated slightly differently, with 92.7% of the City's acreage developed, the storm drainage system should also be close to 92.7 %developed. However, such is not the case. Such a statement can be said of virtually all of Southern California's cities. The most likely reason is that the storm drainage system, without an exclusive revenue source, must compete with other far more needed (or desired) capital projects within the City's limited General Fund. As an example, a $1.0 million dollar signal modification that eliminates significant traffic delays daily, would more likely be funded as compared to a $1.0 million storm drainage project that benefits the community during a few hours of the few rainiest days of the year. A fair cost allocation would be to recognize that future additional drainage represents approximately 6.3 % of the total at General Plan build-out thus should be allocated roughly 6.3 % of the total cost of the remaining projects. Table 6-3, following, indicates the impact fee amounts that would need to be imposed to pay for the cost of completing the portion of the system's collection pipes and channels identified by staff to be financed with impact fees. It would be reasonable to expect future development to finance its proportional share of the identified storm drainage needs without violating the proportionality rule as has been done with other development impact fees in this report. Table 6-3 General Plan Build-out Needs Storm Drainage Facilities Impact Fees $5,354,096 $18,149 $3,061/Unit Attached Dwelling Units $2,109,274 $18,968 $397/Unit Mobile Home Dwelling Units $18,735 $18,735 $2,082/Unit Hotel/Motel Lodging Units $392,020 $18,149 $479/Unit Resort Lodging Units $190,624 $20,497 $356/Unit Commercial/Office Uses $838,839 $21,076 $0.3471S.F. Industrial/Manufacturing Uses $4,160,238 $22,247 $1.144/S.F. Huntington Beach 2011-12 Development Impact Fee Calculation Report 75 Item 9. - 269 HB -404- 347 427 348 428 349 429 Chapter 6 Storm Drainage Collection System RECAP OF RECOMMENDED STORM DRAINAGE COLLECTION SYSTEM DEVELOPMENT IMPACT FEES. •Adopt Schedule 6.2. for the seven basic new land-uses, and; •Adopt the Schedule 6.2, "Cost per Acre" column for construction of parking lots and other private construction causing additional runoff but few other impacts. CHAPTER ENDNOTFS 1.Storm drainage pipe below the size of 21" is almost exclusively used for "local" or tract storm water collection and is thus not included in the equity calculation. In Huntington Beach this amounts to an additional 80,100 linear foot of reinforced concrete pipe that is 18" to 21" and considered to be "local" in nature and thus not included in this calculation. 2.Roughly assumes inlet boxes constructed at 425 linear foot intervals, combination boxes at 750 foot intervals and junction boxes at 300 linear foot intervals. 3.Projects of major importance generally involving the control of large quantities of flood water (over 500 C.F.S.) through numerous cities and unincorporated areas. 4.The projects individual scope and cost estimates have been provided by the City's contractual engineering firm Kennedy/Jenks Consultants, Engineers and Scientists, Irvine, CA 92612-1311. 5.San Bernardino County Hydrology Manual, Williamson and Schmidt, Civil Engineers, Irvine, California, August, 1986, Runoff Index Number 56. Huntington Beach 2011-12 Development Impact Fee Calculation Report 78 HB -407- Item 9. - 272 350 430 Other Revenue Sources $0 Total - Storm Drainage Collection System Capital Project Needs I $207,494,050 Schedule 6.1 1,.) City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Storm Drainage Collection System $22,234,085 $20,171,660 $32,080,501 $26,938,963 $92,344,355 $660,660 93.'70% $194,430,225 $0 $0 $0 6.30%$1,493,915 6.30%$1,355,340 6.30%$2,155,499 6.30%$1,810,037 6.30%$6,204,645 6.30%$44,390 6.300/4 $13,063,825 0.00%$0 0.00%$0 0.00% $0 6.30%$13,063,825 °ward to Schedule SD-002 Coastal and Bolsa Chica Wetlands Region (SD Region #2) SD-001 Santa Ana River & Talbert Channel Region (SD Region #1) SD-005 Bolsa Chica Channel & Harbour Region (SD Region #5) SD-006 Public Works Maintenance Building SD-003 Slater Channel Region (SD Region #3) SD-004 Wintersburg Channel Region (SD Region #4) LESS: Existing Storm Drainage Impact Fee Fund Balance SUB-TOTAL ESTIMATED NEW PROJECT COSTS $207,494,050 $34,236,000 $28,749,000 $23,728,000 $21,527,000 $98,549,000 $705,050 $0 $0 o.cook 0)30% 6.80% Percerlt eeef Apportioned •Dollar cat SUB-TOTAL ADJUSTMENTS I 9a,n0/ 93•70% Percent • 00040. voirar:obii $194,430,225 onstrtiction* Other Regources .01#00,11/6/.00: pbriirasq. . nfraStr00,04.0g capv.oe,. 0-1 CD NOTES: There are no notes. Revent. ost Specialists, L.L.C. Full CA 92831351431 Detached Dwelling Units (1)295.00 1,749 0.775 228.63 40.98%$5,354,096 $18,149 5.93 $3,061 per Unit Attached Dwelling Units 111.20 5,307 0.810 90.07 16.15%$2,109,274 $18,968 47.72 $397 per Unit Mobile Home Dwelling Units 1.00 9 0.800 0.80 0.14%$18,735 $18,735 9.00 $2,082 per Unit Hotel/Motel Lodging Units 18.60 818 0.900 16.74 3.00%$392,020 $21,076 43.98 $479 per Unit Resort Lodging Units 9.30 535 0.875 8.14 1.46%$190,624 $20,497 57.53 $356 per Unit Commercial/Office Uses 39.80 2,417,000 0.900 35.82 6.42%$838,839 $21,076 60,729 80.347 per S.F. Industrial/Manufacturing Use 187.00 3,638,000 0.950 177.65 31.85%$4,160,238 $22,247 19,455 $1.144 per S.F. TOTAL1 557.85 •Total Storm Drainage itat ,.Ne 0 Finish e101eiji#00:t Impact Fee per Urn vare Foot erceetage Of Additional ServiCet Calls Average Units ua Peet/Acre waived Use Coefficient of Drainage . .Prolleseci land Schedule 6.2 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Storm Drainage Collection System 00 Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831352432 'MO*r.Oe'rita. of Existing,iotatinage: went HPand Commitment per Unit or Square root -Eystip0.00: Of 'EqwtY perAcre Allocalion:of InfrastructUre :Tgqi.ty!prOpOsed Lang' 4.10. $3,168 per Unit $993 per Unit $1,401 per Unit $689 per Unit $536 per Unit $1.448 per S.F. $1.070 per S.F. 0.775 4,987.90 60.07% $122,325,402 $19,006 6.00 20.00 14.00 32.04 40.05 15,246 21,779 0.810 $19,8651,462.37 0.800 6,436.00 1,805.40 204.60 163.68 38,616 36,108 2,865 $19,617 17.61% $35,863,547 1.97% $4,013,573 Detached Dwelling Units (1) Attached Dwelling Units Mobile Home Dwelling Units 0.36%30.06 $22,0700.900 0.21%17.680.875 $21,472 $737,145 $433,735 Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses 9.13%757.710.900 $22,073 10.64%883.780.950 $23,298 $18,583,394 $21,674,517industrial/Manufacturing Use CD Schedule 6.3 City of Huntington Beacht\.) 2011-12 Development Impact Fee Calculation and Nexus Report Community Financial Commitment or Equity-based Proportionality Test Fees Storm Drainage Collection System OTAL. 10,2/1.m 91100 0/4 4203;631;318 In ibta)...'0.iuit.iiCije.iii*jaw.tiiki4iiiii4fit.W.4§eti::: $158;631;313-:.In Equity in Storm Drainage Collection System FacilitIes. :$15;000,090 :-,i n Equity in Storm Drainage Basins. itl :Eki$tingStorm .OrAinage .iblpact FP e f und.:B *Oc a- 00 Revenu )st Specialists, L.L.C. Full( CA 92831353433 Chapter 7 Public Library Facilities and Collection The Existing System. The City's library system consists of five library facilities providing a total of 127,400 square feet. When the 127,400 square feet of the library building space is divided by the City's residential population of 190,377 1 , a space standard of 0.669 square feet/resident is established, (127,400 square feet of library space ÷ 190,377 residents). The City's library operations also house an extensive inventory of 410,594 collection items contained within the five libraries. When the 410,594 collection items are divided by the City's residential service population of 190,377 2 , a collection item standard of 2.157 library collection items/resident is established, (410,594 collection item's 4- 190,377 residents). Demand Upon Infrastructure Created by the Development of Underdeveloped or Undeveloped Parcels. Stated simply, the 127,400 square feet of library facilities utilized by the City will accommodate only a finite number of collection items and residents/patrons. Additional residential development will increase the demand on the existing square feet of library pad and the existing collection items. The Purpose of the Fee. The purpose of the fee is to enable the City to collect a fee that would allow the City to construct additional square feet that would ensure that the City's existing and new residents would have adequate and sufficient access to and enjoyment of the library space and collection. The calculation in Table 7-1, following, establishes the City's existing de-facto library standards. [This space left vacant to place the following table on a single page] Huntington Beach 2011-12 Development Impact Fee Calculation Report 82 HB -411- Item 9. -276 354 434 Chapter 7 Public Libraiy Facilities and Collection Table 7-1 Calculation of Existing City Library Facilities/Collection Items Standard Library Facility S.F. Collection Items Banning Library 2,400 27,637 Central Library 115,000 314,921 Graham Library 1,200 14,920 Main Street Library 4,500 30,429 Oak View Library 4,300 22,687 Total Library Resources 127,400 410,594 Current Residential Population 190,377 190,377 Existing Standard/Resident 0.669 2.157 Table 7-2, following, indicates that the remaining residential dwelling development and typical number of residents per type of residential dwelling will generate a need for 11,443 additional square feet in order to maintain the existing library facility standard of 0.669 square feet per person. Table 7-2 Square Feet Required to Maintain Existing Facility Standard Residential Land-Use Number of Units Persons per Dwelling = Resident Yield Detached Dwellings Units 1,749 3.053 5,095 Attached Dwellings Units 5,307 2.257 11,978 Mobile Home Dwelling Units 9 1.660 16 Additional Residential Population to be Served 17,089 Square Foot per Person Existing Standard 0.669 Square Feet Required to Maintain Existing Standard 11,433 Huntington Beach 2011 -12 Development Impact Fee Calculation Report 83 Item 9. -277 HB -412- 355 435 Chapter 7 Public Library Facilities and Collection The library system also has a collection of 410,594 collection items 3 generating a collection standard of 2.157 collection items per resident within the system (410,594 collection item's +190,377 persons). Table 6-3, following, indicates the additional number of residents to be served and the number of collection items required to maintain the existing standard. The City will need to acquire roughly 36,861 collection items to maintain the existing 2.028 collection items per person in light of the additional 17,089 additional Huntington Beach residents expected at General Plan build-out. Table 7-3 Collection items Required to Maintain Existing Standard Residential L and-Use Number of Units Persons per , Dwelling . Resident Yield Detached Dwellings 1,749 2.913 5,095 Attached Dwellings 7,207 2.257 11,978 Mobile Home Dwellings 9 1.822 16 Additional City Population to be Served 17,089 Collection Items per Person Existing Standard 2.157 Collection Items Required to Maintain Existing Standard 36,861 The Use of the Fee. The fee, if adopted, would be imposed, collected, and, as needed (and desired), expended on expansion of the amount of library facility space in the two libraries and the number of collection items in the system's collection. The library staff has indicated that the proceeds of any Library development impact fee would be used to expand the Banning Library from its 2,400 square feet to approximately 12,500 square feet and expansion of the existing 4,500 square feet Main Street Branch Libraries into the remaining 4,804 square feet (for a total of 9,304 square feet) in the same building after the current tenant chooses to move elsewhere. Collection items would be expanded in proportion with the population increase, most likely into the additional proposed library space. The Relationship Between the Need for the Fee and the Type of Development Project. The development of any acreage zoned for residential uses, increases the demand on the finite amount of library space and collection items. Thus, those residential land uses that generate higher numbers of residents (i.e. , detached dwelling) will be charged a proportionally higher amount. Huntington Beach 2011-12 Development Impact Fee Calculation Report 84 HB -413- Item 9. -278 356 436 Chapter 7 Public Library Facilities and Collection There is no information available demonstrating a substantive link between library use and local businesses. Library use is primarily by residents as opposed to business persons. The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. Additional square feet will be constructed with the DIFs collected from residential development and additional collection items will be added to the existing collection. If not adopted and used to expand the City's existing Library standards' the level of service will decrease by about 8.3% to 0.620 square feet and 1.98 collection items per resident at General Plan build-out. The Library DIFs, if adopted, imposed and collected, cannot be used for any other purpose than their stated use of maintaining the existing library standards. The Relationship Between the Amount of the Fee and the Cost of the Portion of the Facility Attributed to the Development Project. The cost of acquiring land for additional library space and construction is about $520.63 per square foot'', (per Schedule 6.1). The 127,400 square feet of library space, when divided by the 190,377 existing potential patrons create a standard of 0.669 square feet of library space per City resident. The standard of 0.669 square foot standard multiplied by the $520.63 per square foot of pad cost of library construction results in a charge of $348.30 per additional City resident. Table 7-4 following, demonstrates this. Table 7-4 Establishment of the Library Facilities Standard and Cost per Person to Maintain the Standard Library Facilities Owned Square Feet 127,400 Current City Service Population 190,377 Square Feet per Resident Standard 0.669 Cost of Library Building Construction per Square Foot $520.63 Square Feet per Resident Standard 0.669 Cost per Additional Resident $348.30 The cost of acquiring additional collection items, called the accession process 5 , (per Schedule 6.1) is estimated by the Library staff to cost roughly $25.00 per collection item. The 410,594 collection items, when divided by the City's 190,377 population create a standard of 2.028 collection items per City resident. The standard of 2.157 collection item standard multiplied by the $25.00 per collection item results in a cost of $53.93 per additional City resident, in order to maintain the existing standard. Table 7-5 following, demonstrates this. Huntington Beach 2011-12 Development Impact Fee Calculation Report 85 Item 9. -279 HB -414- 357 437 Public Library Facilities and CollectionChapter 7 Table 7-5 Establishment of the Library Collection Standard and Cost per Person to Maintain the Standard Library Collection Items 410,594 Current City Service Population 190,377 Collection Items per Resident Standard 2.157 _ Cost of Library Collection per Collection item $25 MO Collection Items per Resident Standard 2.157 Cost per Additional Resident $53.93 Resulting,_Impact Costs. The combined cost per new resident is $402.23, consisting of $348.30 for 0.669 square feet of library space and $53.93 for 2.157 additional collection items. Table 7-6, following, indicates the amount required for pro-rata expansion of the library space per Schedule 7.1. If adopted and imposed on the remaining development, it would collect enough to acquire land for and construct an additional 11,432 square feet of public library space and an additional 36,861 collection items. Table 7-6 Summary of Library Space and Collection Impact Costs --Cost per _Resident Residents_ _ pact o an r :76 g _.- -Per _ -- Detached Dwelling Units 2.913 $402.23 $1,172/Dwelling Attached Dwelling Units 2.257 $402.23 $908/Dwelling Mobile Home Dwelling Units 1.822 $402.23 $733/Dwelling Huntington Beach 2011-12 Development Impact Fee Calculation Report 86 HB -415- Item 9. -280 358 438 Chapter 7 Public Library Facilities and Collection RECOMMENDED DEVELOPMENT IMPACT FEES •Adopt Schedule 7.1 which contains the recommended City Library Facilities and Collection (item) Development Impact Fees and is summarized in Table7-6. •Establish a General Plan square foot standard for Library Facilities square feet per resident and a standard for Collection Items per resident. Chapter Endnotes 1.Based upon the 2011 State of California Department of Finance City population estimate of 190,377. 2.The current population of 190,377 establishes the existing standard. 3.A collection item is generally a book but can also be a CD, magazine subscription, video tape or some other like item with a similar cost and accession cost. 4.Based upon the construction cost of a 30,000 square foot library constructed in Highland, CA at a cost of $11,500,000 and increased by the Engineering News Record construction cost index increase of 14.95% over the 01106 construction date (or $441.63 per square foot) and land acquisition at a cost of $20 per square foot of land with a FAR (floor area ratio) of 0.20 requiring five square feet of land per square foot of building pad. 06/2010 ENR- CCI = 8805 divided by the 01/06 ENR - CCI of 7660 = 14.95 percent increase. 5.The accession process includes: needs research, ordering, receipt, preparation, entering it into the computer and actual placement on the shelves. Huntington Beach 2011-12 Development Impact Fee Calculation Report 87 Item 9. - 281 HB -416- 359 439 Land Acquisition at $20.00/S.F. and 0.25 FAR. Land Acquisition and Construction per Square Foot Cost per Collection Item $80.00 $520.63 $25.00 Cost per Square Foot or Collection Item Existing City Library Standard(s) Cost of Space per Resident Cost of Collection Item per Resident $520.63 $25.00 0.669 2.157 $348.30 EREIRMSEE $53.93 Schedule 7.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Public Library Facilities and Collection Library Space Library Collection Banning Library 2,400 27,637 Central Library 115,000 314,921 Graham Library 1,200 14,920 Main Street Library 4,500 30,429 Oak View Library 4,300 22,687 Existing Square Feet of Library Space 127,400 .:Mliciiiigainn Existing Library Collection Items 410,594 Calculation of Existing Standards: Current Population (Residents) S.F. of Library Space/Resident Collection Items/Resident 190,377 190,377 0,669 Library Construction/Square Foot 06/2010 $440.63 INDEVEREN Type of Residential Dwelling Unit Density per Dwelling Unit Detached Dwelling Unit 2.913 Attached Dwelling Unit 2.257. Mobile Home Dwelling Unit 1.822 Library Space Component Library Collection Component Total Library Impact Fee $1,015 $157 $1,172 $786 $122 $908 $635 $98 $733 88 Fullertc - -- Item 9. - 282Revenue & Cost Specialists, L.L.C. HB -417- 360 440 Chapter 8 Park Land Acquisition and Park Facilities Development (including Open Space) This Chapter summarizes the City's existing inventory of parks and identifies the ratio of park land (and park facilities improvements) per resident allowable under the Quimby Act (§66477 of the Government Code) for residential developments involving the subdivision of land and AB1600 (§66000) for the construction of residential developments not involving the subdivision of land The existing per capita standard is then utilized to calculate the park dedication requirement for future residential development. EXISTING PARKS AND PARK IMPROVEMENTS SYSTEM Open space notwithstanding, intensive parks and recreational facilities constitute one of the City of City of Huntington Beach's greatest needs both with respect to facilities for current residents and future citizens. The provision of a well-planned park system, with a variation in the size and nature of facilities offered, is an important amenity to residents of any city, the City of City of Huntington Beach included. A mixture of passive and active uses and facilities and programs which appeal to a broad spectrum of potential park and trail users are considered optimal in most urban cities. The City currently has at its disposal (and within general control) some 999.09 acres of park, beach and specialty uses for use by the City's many residents. However, not all of these acres are owned by the City, many are leased or owned by other agencies made available to the City via a joint use agreements with the various school districts or are S. C. E. right-of-way. The current acres dedicated to park use (and owned or under long-term control by the City) can reasonably well serve the City's current needs. However if the number of owned park acres remains static at 778.41 acres, the City may not be able to continue to meet recreational demands in light the probable 9.0% increase in the City's population. At an attempt to achieve a high level of fairness, the City's owned park acreage will be used as the standard for calculating the park standard and the development impact fee schedule. The figure is a Government Code statute-based calculation and thus does not include other park opportunities in the area such as Harriet Weider Regional Park, which while clearly serving the City residents, are not City-facilities and thus cannot be programmed by the City. The City has a General Plan standard target of 5.0 acres per 1,000 acres per residents and the calculation of target does include the park acres of other agencies (i.e. the regional park and state-owned beach land) within the calculation of that General Plan Huntington Beach 2011-12 Development Impact Fee Calculation Report 89 Item 9. - 283 HB -418- 361 441 Neighborhood Parks 183.79 129.74 Community/Sports Parks 546.82 470.81 Other (beaches, etc)268.48 177.86 Total Acres (Owned)999.09 778.41 Chapter 8 Park Land Acquisition and Park Facilities Development target. That is completely acceptable for General Plan issues, and the City does meet that General Plan standard. Future residential development, by increasing the City's population, will impact the City's park system by requiring additional athletic fields, adequate space for various athletic activities and community center space. Given the magnitude of growth projected in this and other reports, the challenge facing the City will be to provide new facilities and park land to serve the recreational needs of these new residents. Without additional park land acquisition and development of currently owned but underutilized park land during the remaining period of private residential development, the City's parks will become overcrowded and overused, with the ultimate result becoming a negative experience for park users. Existing Park Land and Open Space Land. Currently, the City owns (or has long-tern control of) approximately 778.41 acres of traditional park land, about 87.9 %(683.9 acres) of it, developed. The entire list of parks and their acreage is identified on Schedule 8.1 at the conclusion of this Chapter with a summary by type in Table 8-1. Central Park is the largest developed park, representing just under a half of the park system acreage and provides the greatest variety of sports and passive uses. Table 8-1 Current Park Total Inventory City Park Standard. Table 8-2, following, is a comparison of the acreage of parks to the City of Huntington Beach's current population and indicates that the City presently possesses a total standard of 5.248 acres of park land per 1,000 residents, (999.09 park acres [190,377 resident's 1,000], rounded). However as stated previously, the owned acreage will be used to calculate the standard and resulting impact fee. The City presently owns 778.41 acres and thus possesses an owned standard of 4.089 acres of owned park land per 1,000 residents, (778.41 owned park acre's 4- [190,377 resident's -:- 1,000], rounded). This is above the benchmark of 3.0 acres per Huntington Beach 2011-12 Development Impact Fee Calculation Report 90 HB -419- Item 9. - 284 362 442 Chapter 8 Park Land Acquisition and Park Facilities Development 1,000 persons contained in Section 66477 of the California Government Code relating to dedication of parks. Table 8-2 Calculation of Actual City-owned and Developed Park Acres Standard _ Park ., Acrs. Owned P ar k _ Current Park Acres 999.09 778.41 Current City Population 190,377 190,377 Population Stated in Thousands 190.377 190.377 Park Acres per 1,000 Population 5.248 4.089 The Quimby Act, to be discussed later, allows a minimum standard of 3.0 acres per thousand resident's even if the City has not attained that standard. However, the park acres owned standard for the City of Huntington Beach, at 4.089 acres per 1,000 resident's, exceeds that minimum standard and thus the Quimby allowable minimum standard of 3.0 acres per 1,000 new residents is irrelevant and the 4.089 acres/1,000 resident's standard will be used for Park Land Acquisition and Park Facilities Development. Though not particularly relevant 2 to the City of Huntington Beach, the Quimby Act has a cap on land dedications required as a part of the subdivision of land of 5.0 acres per thousand (Government Code §66447 (a)(2). Planned Improvements. In addition to the ongoing improvement of the remaining 115.85 acres3 available for increased residential development, the City will need to acquire 70.5 additional park acres, per Table 8-3, and develop these new parks to serve the additional 17,089 residents anticipated to live in City of Huntington Beach at General Plan build-out. [This space left vacant to place the following table on a single page] Huntington Beach 2011-12 Development Impact Fee Calculation Report 91 Item 9. -285 HB -420- 363 443 Chapter 8 Park Land Acquisition and Park Facilities Development Table 8-3 Calculation of Required Park Acres per Allowable Standard Future Added Population 17,089 Population Stated in Thousands 17.089 Allowable City of Huntington Beach Park Standard 4.128 Parks Acres Required to Maintain Standard 70.5 The 70.5 acres could be constructed in any of the following configurations: Mini or "Pocket" Parks - This type is the smallest of the park type designations, usually an acre or less. Mini parks are generally not planned due to higher maintenance costs. They are usually the result of the acquisition of an unusual parcel oftentimes with historical or community significance. Tarbox, Booster, Trinidad or Daily Parks are good examples of this category. Local or Neighborhood Parks - These parks are generally 3.0 to six acres and serve local (walk- in distance) users. Not surprisingly, the City has a number of these parks, roughly forty-nine at an average of about 3.5 acres in size. Neighborhood Parks, per the category title, are intended to serve walk-in populations nearby the park and typically are not highly programmed with City-run activities. Community - These parks, to be functional, are usually closer to ten acres or larger and are designed to meet the needs of the entire community. These needs include youth and adult sports organizations, clubs or associations and large scale community events such as 4 th of July celebrations or festivals. Langenbeck, Baca, Bartlett, Carr and Gisler Parks are good examples of a broad-based use community park. Sport Parks - These park, again as titled, are highly infrastructure-developed to meet the active sports needs of both youth and adults. Edison and Greer Parks are good examples of the City's sports parks. The proposed park improvements that could be contained within the roughly 65 needed acres and the existing standard (Table 8-2) are consistent with the City's Park and Recreation Element of the General Plan. The City's 3.785 acres per 1,000 population standard speaks reasonably well for the City as a three-acre per 1,000 population standard is the common minimum, but frequently Huntington Beach 2011-12 Development Impact Fee Calculation Report 92 HB -421- Item 9. -286 364 444 Chapter 8 Park Land Acquisition and Park Facilities Development unmet, target of municipalities and recreation and park special districts throughout California. City staff has plans and has identified parcels that would assist help reach the 5.0 acres per 1,000 standard at General Plan build-out. CALCULATION OF PARK DEDICATION STANDARD Unlike the other facilities discussed in this Report, the California Government Code contains specific enabling legislation for the acquisition and development of community and neighborhood parks by a City. This legislation, codified as Section 66477 of the Government Code and known commonly as the "Quimby Act," establishes criteria for charging new development for park facilities based on specific park stawbrds. This Report will recommend the adoption of Quimby- style park fees over an AB 1600-style development impact fee for developments requiring the subdivision of land and an AB 1600 fee for non subdivided land. Allowable Park Standard As stated earlier, under Section 66477 of the Government Code, the City may charge new residential development based on a standard of 3.0 acres per 1,000 population if the City does not presently possess a ratio of 3.0 acres per 1,000 for the existing population. The Government Code also enables a city to charge development based on a standard higher than 3.0 acres (to a maximum of 5.0 acres) if the City currently exceeds the minimum benchmark ratio of 3.0 acres per 1,000 persons. Schedule 8.1 indicates that the City exceeds that minimum standard (with 3.785 acres/1,000 residents) and may then impose a fee in order to maintain that standard. The law states that "if the amount of existing neighborhood and community park area ... exceeds the [3 acres of park area per 1,000 person] limit the legislative body may adopt the calculated amount as a higher standard not to exceed 5 acres per 1,000 persons."' Park fees may be required by the City provided that the City meets certain conditions including: •The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park by the future inhabitants of the subdivision. •The legislative body has adopted a general plan containing a recreational element, and the park and recreational facilities are in accordance with definite principles and standards contained therein. •The city ... shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities ... Any fees collected under the ordinance shall be committed within five years after the payment of such fees. Once a per capita standard for parks is determined, the cost of residential development's impact on the City's park system can then be computed as follows: Huntington Beach 2011-12 Development Impact Fee Calculation Report 93 Item 9. - 287 HB -422- 365 445 366 446 Chapter 8 Park Land Acquisition and Park Facilities Development The $310,168/acre is then increased by 15% to $356,693 to account for the park architectural costs and 24% to $442,299/acre to account for project administration, plan check, engineering, inspection and materials testing costs. Lastly, the $422,299 per acre figure is increased by 15% to $508,644 for a typical park project contingency. Schedule 8.2 shows this in numeric detail. Schedule 8.3 details the average park construction cost by type of park. The Existing Park Community Center Inventory. The City has a number of facilities dedicated for use as public uses facilities (as opposed to staff facilities). The existing 118,020 square feet of Community Use Facilities are identified in Table 8-5, following. Table 8-5 Inventory of Existing Park Community Use Facilities Community-Use Facility .--Square Feet 7 Beach Public Service Center 2,561 City Gymnasium and Pool Facility 23,600 Edison Community Center 11,065 Harbor View Clubhouse 2,203 Huntington Beach Municipal Art Center 11,092 Huntington Beach Youth Shelter 5,600 Junior Lifeguard Headquarters 5,922 Lake Park Clubhouse 3,000 Lake View Clubhouse 2,000 LeBard Clubhouse 1,000 Murdy Community Center 11,000 Newland Barn 6,000 Newland House Museum 2,750 Oak View Community Center 10,000 Rodgers Senior Center 14,000 Seniors Outreach Center 2,700 Shipley Nature Center Interpretive Building 1,863 _ Terry Park Community Center 1,664 Total Community Use Facilities Square Feet 118,020 Huntington Beach 2011-12 Development Impact Fee Calculation Report 95 Item 9. -289 HB -424- 367 447 368 448 369 449 370 450 Schedule 8.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Park Quimby Fee for Dwellings on a Sub-divided Parcel, and; AB1600 Fee for Dwelling on Non-subdivided Parcels Lake Park Lake View Park Lamb Park Lambert Park Langenbeck Park Lark View Park LeBard Park Manning Park Marina Park Marine View Park McCallen Park Meadowlark Golf Course Moffett Park Murdy Park Newland Park Oak View Center Park Weider Regional (County-owned) Pattinson Park Perry Park Pleasant View Park Prince Park Robinwood Park Rodgers Senior Center Site Schroeder Park Seabridge Park Seeley Park Sowers Park Sun View Park Talbert Park Tarbox Park Terry Park Triangle Park Trinidad Park Wardlow Park Wieder Park Worthy Community Park Total Acres (Owned/Developed) Current Population Population/1,000 Current Standard •Par k S ize. 4.75 2.16 2.60 3.50 17.02 3.65 4.99 2.46 9.34 2.96 5.84 98.00 2.38 16.04 2.94 1.31 45.01 3.51 1.88 2.17 0.22 1.41 2.01 2.37 3.91 3.37 2.65 2.45 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 999.09 190,377 190.38 5.248 C ity Owned :Parkland 0.00 2.16 2.60 3.50 9.24 0.00 3.01 2.46 9.34 0.00 5.84 98.00 2.38 16.04 2.94 0.00 0.00 3.51 1.88 0.00 0.22 0.00 2.01 0.00 3.91 3.37 2.65 0.00 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 778.41 190,377 190.38 4.089 Developed P arklan d 4.75 2.16 0.00 3.50 17.02 3.65 4.99 2.46 9.34 2.96 5.84 98.00 2.38 16.04 2.94 1.31 23.01 3.51 1.88 2.17 0.22 1.41 2.01 2.37 3.91 3.37 2.65 2.45 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 849.58 190,377 190.38 4.463 99 Item 9. - 293s, cost Specialists, L.L.C. HB -428- Fullerton, 92831 CA 371 451 5.248 4.089 4.463 5.000 4.089 4.463 $871,200 $508,644 $66,680 $871,200 $575,324 $8,040 $5,795 $13,835 $6,491 $4,678 $11,169 $3,562,337 $2,567,671 1,000.0 1,000.0 $3,562.34 $2,567.67 $10,377 $7,480 $17,857 IvetOpment. $6,130.01 Schedule 8.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Park Quimby Fee for Dwellings on a Sub-divided Parcel, and; AB1600 Fee for Dwelling on Non-subdivided Parcels Acres/1,000 Population Standard Quimby Maximum Allowable Acquisition Cost per Acre (1) Construction Cost per Acre (2) Community Center Construction Total Component Cost Cost X Standard Population Served by Standard Cost per Resident . . . O ccupants! , WOW'. Detached Dwelling Units 2.913 Attached Dwelling Units 2.257 Mobile Home Dwelling Units 1.822 1. Current estimate of $20.00 per acre acquisition cost for land consistent with park use. 2. See Schedule 9.3 for typical park amenity construction cost details. 100 Revenue & Cost Specialists, L.L.C. HB -429- Fullert Item 9. - 294 372 452 Schedule 8.2 City of Huntington Beach Park Site Inventory Improvement Cost Residential Park Development Impact Fee Calculation of Average Park Acre Construction Cost It em 9 . - 295& Cost Specialists, L.L.C. HB -430 - Fullerton, 92831 CA Prince Park French Park Tarbox Park Davenport Beach Humbolt Beach Park City Gym/Pool Site Finley Park Bailey Park Trinidad Park Booster Park Triangle Park Banning/Magnolia Park Oak View Center Park Robinwood Park Franklin Park Perry Park Rodgers Senior Center Site Helme Park Bauer Park Lake View Park Pleasant View Park Drew Park Circle View Park Schroeder Park Bushard Park Moffett Park Sun View Park Manning Park Burke Park Arevelos Park Lamb Park Sowers Park Eader Park Hawes Park Bolsa View Park College View Park Conrad Park Clegg-Stacey Park Golden View Park Newland Park Haven View Park Marine View Park Glen View Park Seeley Park Lambert Park AVerage0*:: Or Acre $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $49,157 $73,736 $98,314 $102,783 $107,252 $11 1,7 21 $125,127 $131,830 $167,581 $189,925 $248,020 $0 $292,708 $315,052 $339,631 $420,070 $449,117 $451,351 $455,820 $482,633 $484,868 $509,446 $516,149 $529,556 $531,790 $531,790 $547,431 $549,665 $558,603 $576,478 $0 $592,119 $598,823 $598,823 $603,291 $603,291 $605,526 $625,636 $627,870 $656,917 $659,152 $661,386 $674,793 $752,997 $782,044 101 0.22 0.33 0.44 0.46 0.48 0.50 0.56 0.59 0.75 0.85 1.11 0.00 1.31 1.41 1.52 1.88 2.01 2.02 2.04 2.16 2.17 2.28 2.31 2.37 2.38 2.38 2.45 2.46 2.50 2.58 0.00 2.65 2.68 2.68 2.70 2.70 2.71 2.80 2.81 2.94 2.95 2.96 3.02 3.37 3.50 l?atki Size 373 453 Schedule 8.2 City of Huntington Beach Park Site Inventory Improvement Cost Residential Park Development Impact Fee Calculation of Average Park Acre Construction Cost Park Size vera ogt per Ac re J ota ..o F Paric Pattinson Park 3.51 $223,441 $784,279 Farquhar Park 3.52 $223,441 $786,513 Hope View Park 3.61 $223,441 $806,623 Lark View Park 3.65 $223,441 $815,561 Seabridge Park 3.91 $223,441 $873,655 Harbour View Park 4.02 $223,441 $898,234 $902,703 Green Park 4.04 $223,441 $1,061,346 Lake Park 4.75 $223,441 Wieder Park 4.80 $223,441 $1,072,518 Terry Park 4.81 $223,441 $1,074,752 LeBard Park 4.99 $223,441 $1,114,972 Talbert Park 5.44 $223,441 $1,215,520 McCallen Park 5.84 $223,441 $1,304,897 Discovery Well Park 6.60 $223,441 $1,474,712 Gibbs Park 6.83 $223,441 $1,526,104 Wardlow Park 8.36 $223,441 $1,867,969 Marina Park 9.34 $223,441 $2,086,941 Meadowlark Golf Course 98.00 $223,441 $21,897,243 Carr Park 10.72 $289,296 $3,101,256 Irby Park 2.91 $289,296 $841,852 Gisler Park 11.67 $289,296 $3,376,088 Baca Park 14.35 $289,296 $4,151,402 Langenbeck Park 17.02 $289,296 $4,923,823 Bluff Top Park 19.66 $289,296 $5,687,565 Bartlett Park 2.00 $289,296 $578,593 Beach, City-leased 90.62 $289,296 $26,216,029 Beach, City-owned 60.20 $289,296 $17,415,636 Worthy Park 7.00 $394,884 $2,764,185 Greer park 10.44 $394,884 $4,122,584 Murdy Park 16.04 $394,884 $6,333,932 Edison Park 47.18 $394,884 $18,630,607 Huntington Central Park 253.24 $394,884 $100,000,314 Total $258,698,680 834.06 N..4., ' '' ''' .,:r'ie r Total Park Acres 834.06 Average Construction Cost/Acre $310,168 Community Input, Design, Engineering 115.00% Sub-total Park Construction Cost $356,693 Project Administation, Soils<Materials Testing, etc. 124.00% Sub-total Park Construction Cost $442,299 115.00% Contingency Total Park Construction Cost $508,644 102 Revenue & Cost Specialists, L.L.C. HB -431 - RIIlert Item 9. - 296 374 454 375 455 Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report -rk Improvement Cost Estimates, by Type of Park :Unit.cOst;::10taIJOd:::: Fire Hydrant $4,950 Each Street Lights Standards $2,475 Each Duct work/wiring $1,568 Each Water Facilities 3" metered service $4,125 Each Backf low device $4,125 Each Line in street $19.80 Linear Foot Water fountains $1,155 Each Fountain lines in park $19.80 Linear Foot Benches/Tables Tables, cement pads $2,475 Each Individual grills $825 Each Benches, cement pads $908 Each Bleachers $5,775 Each Large Covered Picnic Area (lot) $123,750 Each Individual Covered Picnic Pad $24,750 Each User Electrical Service park $16,500 Each Electrical Service per Area $2,063 Each Game Courts lasketball Courts $66,000 Each Basketball Court Lighting $57,750 Each Fenced Tennis Courts $99,000 Each Tennis Court Lighting $57,750 Each Baseball Field - Competitive $82,500 Each Ballfield Lighting $412,500 Per two fields Baseball Field - Recreational $24,750 Each Pedestrian Walkway 5' Wide $22.28 Linear Foot 6' Wide $28.88 Linear Foot 9' Wide $37.13 Linear Foot Miscellaneous Fiatwork $6.20 Linear Foot Small Park Signage $4,538 Lot Large Park Signage $24,750 Lot Bike Rack/Pad $2,890 Each Natural Element Improvement (Lake, e $825,000 Each Small Concrete Stage $41,250 Each Small Ampitheater stage only, graded $82,500 Each Large Ampitheater with bowl $247,500 Each Total Cost Total Acres Average Cost per Acre 5Atit NOighborhpcid .:. 1 $4,950 3 $7,425 3 $4,704 1 $4,125 1 $4,125 1,320 $26,136 1 $1,155 200 $3,960 4 $9,900 2 $1,650 4 $3,632 0 $0 0 $0 1 $24,750 0 $0 1 $2,063 $0 1.0 $66,000 0 $0 0 $0 0 $0 0 $0 $0 1 $24,750 500 $11,140 100 $2,888 100 $3,713 500 $3,100 1 $4,538 0 $0 1 $2,890 0 $0 0 $0 0 $0 0 $0 1,117,206 - 5 intaggia $223,441 20Acre COrnrrilmj ' ' 6 $29,700 20 $49,500 12 $18,816 1 $4,125 1 $4,125 120 $2,376 8 $9,240 1,000 $19,800 60 $148,500 30 $24,750 30 $27,240 0 $0 2 $247,500 10 $247,500 1 $16,500 6 $12,378 $0 1 $66,000 0 $0 2 $198,000 0 $0 0 $0 0 $0 6 $148,500 2,000 $44,560 500 $14,440 500 $18,565 8,500 $52,700 0 $0 1 $24,750 6 $17,340 0 $0 0 $0 0 $0 1 $247,500 ,,,.,....:,..,.,,..,„ ,;::::::::::::::,::,::::0:ing: $4,339,444 15 , ,, $289,296 104 Fullerton, -- Item 9. -298 Revenue & Cost Specialists, L.L.C. HB -433 - 376 456 Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report Park Improvement Cost Estimates, by Type of Park .. Unit Cost, Installed Pub Imps, Road/curb, gutter, etc. $200 Linear Foot Lg Pk Grading/Irrigation/Turf $37,500 Acre Sm Pk Grading/Irrigation/Turf $42,750 Acre Plant Material: Trees-5, 24 gallon box/acre $149 Each Trees-15, 15 gallon/acre $290 Each Shrubs-10, five gallon $30 Each Shrubs-30, one gallon $8 Each Play apparatus Curbing, 450' per large $41.30 Linear Foot Curbing, 225' per small $41.30 Linear Foot Play equipment - large $123,750 Lot Play equipment - medium $99,000 Lot Play equipment - small $67,500 Lot Sand/Other Surfacing $5,775 Lot Buildings: Restroom - Small $132,000 Each Restroom - Large $181,500 Each Equipment storage facility $99,000 Each Combined Restroom/Concession $297,000 Each Parking Lot 4" A.G. W/6 11 Rock base $8.30 Square foot V-gutter $13.20 Linear Foot Drain Inlet $990 Each Drain Inlet connector $330 Each Storm drain line $19.80 Linear Foot Drive approach $2,970 Each Perimeter curbing $16.50 Linear Foot Striping $0.50 Linear Foot Lighting $2,970 Each Lot signage $330 Lot Entrance $4,950 Lot Curb and Gutter $15.27 Linear Foot Storm Drainage Facilities Inlets $1,320 Each Connections $2,145 Each Lateral (to arterial) $82.50 Linear Foot Sewer Facilities Connection to arterial $4,125 Lot Line in street $107.30 Linear Foot Line in park $24.80 Linear Foot 2,704 $540,800 20 $750,000 0 $0 150 $22,350 50 $14,500 100 $3,000 300 $2,400 450 $18,585 225 $9,293 0 $0 1 $99,000 2 $135,000 3 $17,325 1 $132,000 1 $181,500 1 $99,000 2 $594,000 40,000 $332,000 800 $10,560 2 $1,980 2 $660 200 $3,960 4 $11,880 800 $13,200 1,300 $650 18 $53,460 a $990 3 $14,850 1,664 $25,409 4 $5,280 4 $8,580 80 $6,600 1 $4,125 80 $8,584 1,500 .$37,200 105 Item 9. - 299 -. Cost Specialists, L.L.C. HB -434 - Fullerton, CA 92831 377 457 - 20 .-Acre SpOrtp.:Patk 1 $4,950 20 $49,500 5 $7,840 1 $4,125 1 $4,125 120 $2,376 8 $9,240 1,000 $19,800 30 $74,250 10 $8,250 15 $13,620 8 $46,200 $0 4 $99,000 1 $16,500 4 $8,252 $0 3 $198,000 8 $462,000 8 $792,000 8 $462,000 8 $660,000 4 $1,650,000 0 $0 1,000 $22,280 250 $7,220 250 $9,283 4,000 $24,800 0 $0 1 $24,750 $17,340 0 $0 1 $41,250 0 $0 0 $0 $7 ,89 7,671 20.00 $394,884 Revenue & Cost Specialists, L.L.C. HB -435 - Fullerton, r" Item 9. - 300 Pt A. 11, A J Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report r'qrk Improvement Cost Estimates, by Type of Park Unit. - st, Installed Fire Hydrant $4,950 Each Street Lights Standards $2,475 Each Duct work/wiring $1,568 Each Water Facilities 3" metered service $4,125 Each Backflow device $4,125 Each Line in street $19.80 Linear Foot Water fountains $1,156 Each Fountain lines in park $19.80 Linear Foot Benches/Tables Tables, cement pads $2,475 Each Individual grills $825 Each Benches, cement pads $908 Each Bleachers $5,775 Each Large Covered Picnic Area (lot) $123,750 Each Individual Covered Picnic Pad $24,750 Each User Electrical Service park $16,500 Each Electrical Service per Area $2,063 Each Game Courts 3asketball Courts $66,000 Each Basketball Court Lighting $57,750 Each Fenced Tennis Courts $99,000 Each Tennis Court Lighting $57,760 Each Baseball Field - Competitive $82,500 Each Ballfield Lighting $412,600 Per two fields Baseball Field - Recreational $24,750 Each Pedestrian Walkway 5' Wide $22.28 Linear Foot 6' Wide $28.88 Linear Foot 9' Wide $37.13 Linear Foot Miscellaneous Flatwork $6.20 Linear Foot Small Park Signage $4,538 Lot Large Park Signage $24,750 Lot Bike Rack/Pad $2,890 Each Natural Element Improvement (Lake, e $825,000 Each Small Concrete Stage $41,250 Each Small Ampitheater stage only, graded $82,500 Each Large Ampitheater with bowl $247,500 Each Total Cost Total Acres Average Cost per Acre 106 378 458 Schedule 8.4 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Open Space Land Acquisition for Business Uses Land Acquisition Development Impact Fee Calculation Total City-owned Park/Open Space Acres Current City-wide Privately Developed Acres Current Open Space Standard per Developed Acre Acres/Developed Acre Standard Acquisition Cost per Acre Cost X Open Space Standard Open Space Land Value Adjusted Land Cost 778.4 10,271.8 0.0758 0.0758 $871,200 $66,037 25.00% $16,509.24 Commercial Lodging Keyed Units 36 $459 per Keyed Unit Resort Lodging Keyed Units 46 $359 per Keyed Unit Commercial Acres (in Square Feet) 17,300 $0.954 per Square Foot Industrial Uses (in Square Feet) 21,390 $0.772 per Square Foot 107 Item 9. - 301Dvenue & Cost Specialists, L.L.C. Fullerton, 92831 CA HB -436 - 379 459 APPENDIX A Expanded Land-use Database 108 HB -437- Item 9. - 302 380 460 DevelOpe City of Huntington Beach Total:.;-.Lanci•USepatabaee Acres # of units Acres of Units 40,365 I 41,415 2,8 1,749 6,731.00 38,616 295.00 Detached Dwelling Units (1) 6,436.0 5,307 1,916.60 36,108 111.20 1,805.4 Attached Dwelling Units 9 205.60 1.00 2,865 204.6 Mobile Home Dwelling Units (2) 818 52.00 1,888 18.60 1,070 Hotel/Motel Lodging Units 33.4 1,344 29.50 535 9.30 20.2 809 Resort Lodging Units 39.80 2,417,000 881.70 15,253,000 841.9 12,836,000 Commercial/Office Uses 930.3 20,261,000 187.00 3,638,000 1,117.30 23,899,000 Industrial/Manufacturing Uses 10,933.70 661.90 Total - City Limits 10,271.8 84,654 7,065 8,853.2 8,446.0 77,589 407.2 Pnvate Residences 81.5 3,232 1,353 27.9 1,879 Commercial Lodging Rooms 53.6 1,772.2 33,097,000 226.8 6,055,000 1,999.0 39,152,000 Business Square Feet .-Develpped. To Be Develo ikoivs of Units Acres # of Uni Existing Community as urreentlDeVeioged ores 183 6,470.00 38,799 34.0 6,436.0 38,616 Detached Dwelling Units (1) 36,267 159 1,820.40 15.0 Attached Dwelling Units 1,805.4 36,108 9 205.60 2,874 1.0 Mobile Home Dwelling Units (2) 2,865 204.6 1,070 0 33.40 0.0 1,070 Hotel/Motel Lodging Units 33.4 300 23.60 1,109 3.4 Resort Lodging Units 809 20.2 69,200 846.40 12,905,200 4.5 841.9 12,836,000 Commercial/Office Uses 958,320 974.30 21,219,320 44.0 930.3 20,261,000 Industrial/Manufacturing Uses 10,373.70 101.90 Existing Community 10,271.8 interisffiect/RecteveloPed Additional Units from -....Intensification of Existing Uses.: Developed Acres Acres • *of Units:. # of Units 1,566 261.00 261.0 1,566 Detached Dwelling Units (1) 0 0.0 0.00 0 0 0.0 Attached Dwelling Units 0 0.0 0 0.00 0 Mobile Home Dwelling Units (2) 0.0 0 0.0 468 14.60 14.6 468 Hotel/Motel Lodging Units 0 0.0 0.00 0 0 0.0 Resort Lodging Units 0 0.0 106.2 2,313,817 106.20 2,313,817 Commercial/Office Uses 0.0 0 0 143.0 2,679,680 143.00 2,679,680 Industrial/Manufacturing Uses 0.0 524.80 524.80 Redeveloped 0.0 ilfitensifietilRe tleVelOi* SpedificPlan.A . . each and ,Edinger Developed Acres # of Units Acres Units !fl 0 0 0.00 Detached Dwelling Units (1) 0.0 0 0.0 4,500 80.00 Attached Dwelling Units 80.0 4,500 0.0 0 0.00 Mobile Home Dwelling Units (2) 0 0.0 0.0 0 4.0 350 4.00 Hotel/Motel Lodging Units 0 0.0 350 0.00 0 Resort Lodging Units 0.0 0 0.0 0 37.0 850,400 37.00 109850, Commercial/Office Uses 0 0.0 0 0.0 0.00 Industrial/Manufacturing Uses 0.0 0 121.00 121.00 Sub-total Specific Plan A 0.0 Item 9. -303 HB -438- 381 461 eveloped ores # Of Units 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0.0 0 0.0 Devel'oped . #...pf. Volts 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0.0 0 35.20 Intensified/Redeveloped 0.00 0 35.20 ores Units flu 0.0 0.0 0.0 0 . 0 0.0 0 0 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0 0 0 (121.0) (1,215,000) (121.00) (1,215,000) 0.0 0 0.00 0 (121.00) (121.00) IritiftiSifted/Redevdid tita 0.0 0 0.00 0 16.2 648 16.20 648 0.0 0 0.00 0 0.0 0 0.00 0 5.9 235 5.90 235 13.1 398,583 13.10 398,583 Downtown Detached Dwelling Units (1) ached Dwelling Units Mobile Home Dwelling Units (2) Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses Sub-total Specific Plan B Detached Dwelling Units (1) Attached Dwelling Units Mobile Home Dwelling Units (2) Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses Sub-total Specific Plan A TES: j. Only 34 of the 295 acres are vacant lots. The remaining 261 acres represents acres for the addition of 1,666 detached dwelling units In areas already developed such as a lot split of a larger parcel parcel with an existing detached dwelling units. (2). The inclusion of one acre of Mobile (or modular) Home Dwelling Units (in parks) is to establish such a fee and does not imply that that the City anticipates such a private proposal. (3). The 35.2 acres is not intended to suggest there Is 35.2 acres of vacant acres in the downtown area. The 35.2 acres is the result of anticipating 648 additional units at roughly 40 units per acre. 110 110 Item 9. - 304 HB -439- Item 9. - 304 HB -439- 382 462 383 463 SUMMARY OF DEVELOPMENT IMPACT FEE SCHEDULE RECOMMENDATIONS Chapter 3 - Law Enforcement Facilities and Equipment • Adopt Schedule 3.2, page 38, General Plan Build-out Need-based Development Impact Fees. Chapter 4 - Fire Facilities, Vehicles and Equipment • Adopt Schedule 4.3, page 53, Community Financial Commitment-based Development Impact Fees. Chapter 5 - Circulation (Streets, Signals and Bridges) System • Adopt Schedule 5.2, page 68, General Plan Build-out Need-based Development Impact Fees along with the per Trip-mile rate for application to Table 5-4 (page 64) or for staff calculation per the Table on the bottom of Schedule 5.2. Chapter 6 - Storm Drainage Collection System • Adopt Schedule 6.2, page 80, General Plan Build-out Need-based Development Impact Fees for the seven specific land uses and the "per acre" cost for unusual uses not involving a structure. Chapter 7- Public Library and Collection • Adopt Schedule 7.1, page 88. • Formalize a General Plan square foot and collection item per resident standard. Chapter 8 - Park (and Open Space) Land Acquisition and Park Land Development • Create Quimby Act Park Land Acquisition and Development Impact Fee Fund, Note (1). • Adopt Schedule 8.1, pages 99-100, for residential uses requiring the subdivision of land for Quimby Act application. • Create AB1600 Mitigation Fee Act Park Land Acquisition and Development Impact Fee Fund, Note (1) • Adopt Schedule 8.1 pages 99-100, for residential uses not requiring the subdivision of land for AB1600 application. • Adopt Schedule 8.4 Mitigation Fee Act Open Space Development Impact Fees, page 107, for application to the development of business uses. • Adopt alternative process for residential developments with significantly varying land values from the standard or default calculation embodied in Schedule 8.1 and 8.4. (1). Separate Park Land Acquisition and Development Funds are necessary because the Quimby Act allows use of receipts for rehabilitation of existing facilities whereas theAB1600 requirements prevent such expenditures. 112 HB -441- Item 9. -306 384 464 APPENDIX C Master Facilities Plan (See Separate Document) 113 HB -442- 385 465 End of Document HB -443- Item 9. -308 386 466 HUNTINGTON BEACH Chamber of Commerce March 16, 2012 Mayor Don Hansen & Members of City Council City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Mayor& Council Members: On behalf of our members and in the interest of promoting greater economic growth in the City of Huntington Beach, the Chamber of Commerce wishes to weigh in on the proposed park, fire, and police impact fee increases that staff is scheduled to present to Council on April 2, 2012. It is our position that the budding economic growth the city is experiencing is fragile and must be encouraged if it is to flourish. We supported the Beach and Edinger Corridors Specific Plan adoption and are excited to see it taking shape. To that end, a large and unexpected fee increase is something that may slow and potentially even stall the redevelopment that staff and council envisioned and desired in the first place. This is something we want to avoid. First, it is our understanding that the proposed impact fee increases are quite large. We recommend that the nexus study be thoroughly reviewed to make sure that whatever fee amounts are ultimately presented to council be as accurate and as low as possible so our city remains an attractive place for development. A large fee increase could prove to be an onerous burden for projects in the planning stages and can negatively affect land valuations on all potential apartment sites throughout the city. As a Chamber we want the investment of hundreds of millions of dollars to be made here in Huntington Beach, bringing high quality development to our community. Second, we recommend that the city be fair in providing a reasonable period and perhaps a phasing in of any fee increases. We feel that landowners and developers alike should be given ample notice to allow them time to adjust and prepare for the "impact" of the increased fees. We ask that grandfathering provisions be broad so that projects that have financial commitments may continue unaffected. We would likewise recommend that allowances be made for projects that have had financing delays, environmental delays, or other delays which are beyond the developer's control. Any tax or fee increase should be broadcast loud and clear months ahead of time so stakeholders aren't taken by surprise. A stakeholder meeting 3 weeks prior to council hearing is an extremely compressed time frame given the magnitude of the proposed increase. Finally, we want to stress that these developments are going to bring diverse and energetic growth to the city. These residential units will be filled with students, young professionals, empty nesters, and families. They will serve as workforce housing and provide for the sensible and smart growth our local economy needs in order to thrive and stay competitive. These are consumers who will support our existing businesses and patronize the new commercial and retail being proposed, developed, and constructed today. Please do not hastily implement a massive new fee increase without fully considering the necessity, appropriateness, timeliness, and economic consequences. We would highly recommend that a presentation to Council be delayed until such time as the developer community has time to work with staff to resolve the above concerns. Sincerely, Jerry L. Wheeler, Sr. IOM President/CEO 2134 Main Street, Huntington Beach, CA 92648 P: (714) 536-8888 F: (714) 960-7654 387 467 ?tz/366/7' NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 7, 2012, 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 : ADOPTION OF DEVELOPMENT IMPACT FEES RESOLUTION AND ADOPTION OF ORDINANCES ESTABLISHING CHAPTERS OF THE HUNTINGTON BEACH MUNICIPAL CODE (HBMC) REGARDING DEVELOPMENT IMPACT FEES (Traffic, Drainage, Library, Law Enforcement, Fire Suppression, Meeting Facilities, Parkland and General Provisions): The City Council will consider the adoption of a fee resolution modifying the Fair Share Traffic Impact fee (HBMC 17.65), the Drainage fee (HBMC 17.78), the Library Development fee (HBMC 17.67) and the adoption of the nexus report and a comprehensive Master Facilities Plan. In addition, the City Council will consider the adoption of ordinances establishing HBMC chapters; Library Development Fee (HBMC 17.67), General Provisions for Development Impact Fees (HBMC 17.73), Fire Suppression Facilities Fee (HBMC 17.74), Law Enforcement Facilities Fee (HBMC 17.75), Park Land/Open Space Acquisition Impact Fee (HBMC 17.76), Public Meeting Facilities Fee (HBMC 17.77), and Drainage (HBMC 17.78). The proposed ordinances will repeal existing HBMC Chapters 14.48 (Drainage) and 17.66 (Library Development Fee). The proposed revisions to the existing fees and establishment of new fees are supported by the Development Impact Fee Calculation and Nexus Report prepared by Revenue & Cost Specialist, L.L.C. dated October 2011. The nexus report includes a comprehensive Master Facilities Plan of capital needs and acquisitions based upon the growth anticipated under the City's adopted General Plan. ON FILE: A copy of the proposed request and supporting materials is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, May 3, 2012. 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 and Building Department at (714) 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, 2"c l Floor Huntington Beach, California 92648 714-536-5227 http://huntinqtonbeachca.00v/HBPublicComments/ 388 468 •=7,1`,„1 .Prtnted by: 0602 patricia Gamlno Salesperson: Apr 19,,2012. 11:32 am. Ad #34959143 cc4UP.., Phbrie #: (714) 536-5227 Name: City Of Huntington Beach (Parent) Address:, PO Box 784 ' Huntington Beac, CA 92648 CC City Of Huntington Beach-Clerk's 0 Patty Esparza (714) 374-1557 CU00070479 Siart date Stop date Inaertidili 2 . Pete ;00001, &Legal Huntington Beach Taken by 0602 Patricia Gamino Class:, 13000 - Legal Notices Pubs'; TCN HBI 04-26-12 05-03-12 tintormatiolf rnt Due:: Hät:AñioUht Ouè Isü changfi -dUe to' dig604.05; noiisloa4,-pr athstchctioces $ 213.50 $ 213.50 6213.50 Ad Copy: Nona OF PUBLIC HEARING .BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 7, 2012, 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 : ADOPTION OF DEVEL- OPMENT IMPACT FEES RESOLUTION AND ADOPTION OF ORDI- NANCES ESTABLISHING CHAPTERS OF THE HUNTINGTON BEACH MUNICIPAL CODE (HBMC) REGARDING DEVELOPMENT IMPACT FEES (Traffic, Drainage, Library, Law Enforce- ment, Fire Suppression, Meeting Facilities, Parkland( and General Provisions); The City Council will consider the adoption of a fee reso- lution modifying the Fair Share Traffic Impact fee (HBMC 17.65), the Drainage fee (HBMC 17.78), the Library Development fee (HBMC 17.67) and the adoption of the nexus report and a comprehensive Master Facilities Plan. In addi- tion, the city Council will consider the adoption of ordinances establishing HBMC chapters; Library Development Fee (HBMC 17.67), General Provi- sions for Development Impact Fees (HBAAC 17.73), Fire Suppression Facilities Fee (HESIV1C 17.74), Law Enforce- ment Facilities Fee (HBMC 17.75), Park Land/Open Space Ac- quisition Impact Fee (HBMC 17.76), Public Meeting Facilities Fee -- ad proof pg. 1 --- 389 469 Printed by: 9602 Patricia GamInc: Salesperson: Phone: Apr 19,2012, 11:32am Ad #34959143 (HBMC 17.77), and Drainage (HBMC 17.78). The proposed ordinances will repeal existing HBMC Chapters 14.48 (Drainage) and 17.66 (Library Development Fee). The proposed revisions to the existing fees and establishment of new fees are sup- ported by the Develop- ment Impact Fee Cal- culation and Nexus Report prepared by Revenue & Cost Spe- cialist, L.L.C. dated October 2011. The nexus report includes a com- prehensive Master Fa- cilities Plan of capital needs and acquisitions based upon the growth anticipated under the City's adopted General Plan. ON FILE: A copy of the proposed request and supporting materials is on file in the Planning and Building Depart- ment, 2000 Main Street, Huntington Beach, Cali- fornia 92648, for in- spection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, May 3, 2012. ALL INTERESTED PER- SONS 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 deliv- ered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 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, Cali- fornia 92648 714-536-5227 http://huntingtonbeach ca.gov/HBPublicComme n H.B. Indepen- dent April 26, 2012 --- ad proof pg. 2 --- 390 470 DCO Beach Walk LLC 1745 Shea Center Drive, Suite 200 Highlands Ranch, CO 80129 Jim Ivory Sares-Regis Group 18825 Bardeen Avenue Irvine, CA 92612 091.8/091-5 ® AA/1V 09AE olopedwoo wiu zg x ww glculloi. op olleribq 092/09 AIGAV wim oicipEdwoo „9/9 z x His 'aqui Pat Helgeson Province Group 1601 Dove Street, Suite 250 Newport Beach, CA 92660 Jerry Moffatt Rainbow Environmental Services 17121 Nichols Street Huntington Beach, CA 92647 Brian Starr Building Industry Assoc. of So. Calif. 17744 Sky Park Circle, Suite 170 Irvine, CA 92614 Josie McKinley , Poseidon Resources 17011 Beach Blvd, #900 Huntington Beach, CA 92647 Dave Stefanides Orange County Assoc. of Realtors 25552 La Paz Road Laguna Hills, CA 92553 Jerry Wheeler HB Chamber of Commerce 2134 Main Street, Suite 100 Huntington Beach, CA 92648 President Huntington Beach Tomorrow PO Box 865 Huntington Beach, CA 92648 Ben Brosseau Consulting, Inc. David J. Nagel Thomas E. Schiff 15149 Camarillo Street Decron Properties , Decron Properties Sherman Oaks, CA 91403 6222 Wilshire Blvd., Suite 400 6222 Wilshire Blvd., Suite 400 Los Angeles, CA 90048 Los Angeles, CA 90048 Ryan Mordahl Global Premier Development, Inc. 2010 Main Street, Suite 1250 Irvine, CA 92614 Thomas G. Grable Tri Point Homes, LLC 20201 SW Birch St., Suite 100 Newport Beach, CA 92660 Jeff Bergsma Team Design 221 Main Street, Suite S Huntington Beach, CA 92648 Janette T. Ditkowsky Freeway Industrial Park 2032 La Colina Drive Santa Ana, CA 92705 Becky Sullivan DJM Development Partners 922 Laguna Street Santa Barbara, CA 93101 Morrie Golcheh Progressive Real Estate 10537 Santa Monica Blvd, Suite 350 Los Angeles, CA 90025 Jeff Rulon Christopher Homes 19 Corporate Plaza Drive Newport Beach, CA 92660 Robert Reid 7572 Warner Avenue Huntington Beach, CA 92647 Huntington beach No. 1 2716 Ocean Park Blvd., Suite 3040 Santa Monica, CA 90405 Mark Faulkner Grey Star Development 2139 Meriweather Court Walnut Creek, CA 9496 Steve Sheldon Sheldon Group Consulting 901 Dove Street, Suite 140 Newport Beach, CA 92660 Raymond Dorame Master Craft Homes Group 1401 Quail Street, Suite 100 Newport Beach, CA 92660 Michael Adams Michael Adams Associates 21190 Beach Boulevard Huntington Beach, CA 92648 Chaim Elkoby Crescent Heights 2200 Biscayne Blvd. Miami, FL 33137 Alex Wong Red Oak Investments 2101 Business Center Drive, Suite 230 Irvine, CA 92612 Sarah Klaustermeier Bijan Sassounian John Trommald Archstone Beach Promenade Bayview HB, LLC 3 MacArthur Place, Suite 600 21190 Beach Boulevard 13912 Seal Beach Boulevard Santa Ana, CA 92707 Huntington Beach, CA 92648 Seal Beach, CA, 90740 gt Mhz__ , label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiouette de format 25 mm x 67 mm comoatible avec Avery ®5160/8160 36 391339189 471 091-8/091.90 AJonv oaa alupdwoo ww zg x ww g awol op allenbil] 091-8/091.9 ® Alonv,glim elqpdwoo „g/g x „ oz!sjoriPI Joe Diachendt 300 Pacific Coast Highway, #119 Huntington Beach, CA 92648 Todd Schmieder 701 N. Parkcenter Drive Santa Ana, CA 92705 Milad Queijan 8031 Main Street, Unit B Stanton, CA 96680 Martin Potts MPA, Inc. 4041 MacArthur Boulevard, Suite 375 Newport Beach, CA 92660 Shawn Millbern 8951 Research Drive Irvine, CA 92618 David Oddo 815 Main Street Huntington Beach, CA 92648 Rick Polhamus Rick Hill 19802 Sea Canyon Circle Urban Infill Properties, Inc. Huntington Beach, CA 92648 345 University Drive, Suite E-3 Costa Mesa, CA 92627 John Vander Velde Holly Fred ensburg Shea Homes 16072 Gothard St 1250 Corona Pointe Ct., Suite 600 Huntington Beach, CA 92647 Corona, CA 92879 Dave Oddo 815 Main Street Huntington Beach, CA 92648 Bruce Roeland 1720 Pacific Coast Highway #201 Huntington Beach, CA 92648 Maddox Const Maddox Const 14736 Beach Blvd Westminster, CA 92683 'Robert Corona 2204 Pacific Coast Highway Huntington Beach, CA 92648 Scott Goodman Goodman Development 17032 Palmdale Lane Huntington Beach, CA 92647 D'Ambra D'Ambra Inc. 7752 Warner Ave Huntington Beach, CA 92647 Van Herk 3194 Haiti Circle Costa Mesa, CA 92626 Myles Const 9569 Albacore Ave Huntington Beach, CA 92648 Kevin Kelter 1616 Pacific Coast Highway Huntington Beach, CA 92648 Bob Reed , Marty Sunday Johnson Bros RW Reed 16402 Gothard St #B 730 14th Street 419 Main Street #289 Huntington Beach, CA,92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Bill Teffon 2233 Ca lie Leon West Covina, CA 91792 Dick Harlow 1742 Main Street Huntington Beach, CA 92648 RJ Murphy 6781 Defiance Drive Huntington Beach, CA 92647 label size 1" x 2 5/8" compatible with Avery 6 5160/8160 Etimiette CiP, format 25 mm x 67 mm compatible avec Avery 65160/8160 392 390 472 Development Impact Fee Study and Nexus Report City Council Meeting Monday, May 7, 2012 Background • This process began in 2009 as a result of various presentations to City Council regarding the increasing need for Capital Improvements to respond to development in Huntington Beach. • Staff was given direction to identify funding sources to move Heil Fire Station, address other public safety needs and make park improvements to accommodate projected development. • There were numerous complaints by developers regarding perceived excessive park fees for Condos and Single Family Homes. • This report prepared by Revenue & Cost Specialists addresses those issues. SUPPLEMENTAI COMMUNICATION Meeting Date: I-Ch Agenda Item No. 1 393 473 Chronology Background • Development Impact fees are one-time charges applied to offset additional public-service costs of new development • The amount of the proposed fee must be clearly linked to the added service cost (required by the Mitigation Fee Act): • Need demonstrated by Master Facilities Plan (October 2011, amended April 2012) • Nexus established by Development Impact Fee Calculation and Nexus Report (October 2011, amended April 2012) • Received October 2011 report - November 2011 • Distributed reports to Council — December 2011 • Initial meeting with BIA and Chamber of Commerce — December 2011 • Study Session —January 17, 2012 • Notice on City counters, posted reports to website, mailed notices to stakeholders — February 2012 • Stakeholder meeting with Developers — March 13, 2012 • Chamber of Commerce Legislative Committee — March 28, 2012 • Follow up meetings, letters to stakeholders — March and April 2012 • Public hearing notice distributed — April 19, 2012 • Received April 2012 revised report—April 27, 2012 • Agendized for Council Meeting May 7, 2012 2 394 474 Report Content The Development Impact Fee Report contemplates 2 new fees: • Police • Fire • Update of existing fees: • Traffic • Library • Park Land/Open Space • Fees collected under the Subdivision Map Act will be addressed separately at a later date: • Quimby (Park Land/Open Space with Tract Map) • Storm Drainage Amended Report • April 27, 2012: Nexus report (October 2011) amended to consolidate Park Land Open Space Fee (Chapter 8) and Public Meeting Facilities Fee (Chapter 9) • Due to additional costs associated with the accounting, collection and state mandated tracking • Additionally, a calculation error in the Master Facilities Plan was corrected on pages 1-3, 57, 58, 71, and 78 3 395 475 396 476 397 477 398 478 Development Impact Fees (Effective 7/20/2014) Circulation System Park Land/ Open Space Land Use Law Fire Enforcement Suppression Facilities* Facilities* (Streets, Signals, Bridges)* Public Library Facilities & Facilities (No Tract Map)* Detached Dwelling Units (per Unit)$356 $830 $2,226 $1,172 $16,071 Attached Dwelling Units (per Unit)$734 $344 $1,563 $908 $12,452 Mobile Home Dwelling Units (per Unit)$332 $1,425 $1,165 $733 $10,052 Hotel/Motel Lodging Units (per Unit)$455 $356 $1,062 No Fee $459 Resort Lodging Units (per Unit)$532 $794 $1,538 No Fee $359 Commercial/Office Uses (per sq. ft.)$1.041 $0.329 $4.175 No Fee $0.954 Industrial/Manufacturing Uses (per sq. ft.)$0443 $0.030 $1.789 No Fee $0.772 *Represents 90% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) X : n 9"t\L -, ILand Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit E IDENTIAL'LAND USES r unto Detached Dwelling Unit 976 79 0.5 346$6434 /Uni oartment 6 1 79 05 24 $ 64 34 $ 1 583 46 /Unit ndominium/ ownhouse ase 7.9 0.5 21 2 $ 6434 1364.01 /Unit obile Home Dwelling 4.57 79 0.5 181 5 64.34 $ 1,164.55 lUSt SORT/TOURIST (per or Enby Hotel 529 76 as 239$ 6434 $ 1,537.73 /Room Su es Hotel 377 7 6 0.5 143$ 6434 920.06 /Room otel 434 05 16586434 $ 1,061.81 /Room NDUSTRIAL ( per.1,000 SF) eneral Light ndustnal 6.17 9.0 0.5 270$ 64.39 $ 1,788.65 1/1 ,09261 Heavy InduMria 597 9,0 as 26.9 64 $ 1,730 75 /1,000 sf enoftoturrng 273 90 05 12 3 $ 64.34 5 791.38 /1,000 sf arehou mg 439 9.0 as 1 9886434 $ 1,273.93 / ,000 sf • ERCIAL ( 1,000 SF): • ce Perk 7.42 8.8 0.5 32.6$ 64.34 $ 2,097.46 sf/1.00061 esearch Port,501 6.8 05 22.0$ 64.34 1,415.48 /1,000 of Boolneno Park 934 8.5 05 41 6434 /1500 of Bldg Materials/Lumber tore 2935 4.3 as 63.1 $ 6434 $ 4,059.85 /1,00061 rden Center 23.40 43 0.5 50 $ 64 $ 3,242.74 /1 000 sf ov e Theater 2.47 43 as 5.3$ 84.34 34 .00 /1,000 of harOh 592 43 0.5 12.7 $ 8434 $ 8 7 12 1,000 of edicatOental Office 22.21 8.8 05 97.7$ 64.34 $ 8,286.02 ,000 of Buildi emung is! 0 ce 7.16 8.8 05 31.5 $ 84.34 $ 2.026.71 /1,00006 hopping Center 30.2 4.3 5.5 64.9 $ 64.34 $ 4,17567 /1,000 sf Hospital 1142 43 0.5 24.6 $ 64.34 $ 1,582.78 lt.000 Of Discount Center 62.93 4.3 0.5 130.3$ 64.34 $ 8.705.20 /1500 of Hig&Tumover Restaurant 8.9 43 0.5 19.1 $ 69.34 $ 1,22869 /1,000 of onvenience Ma et 43.57 43 937564.34 $ 6,028.86 1 ,000 effi,o Park 97 43 05 30 0 $ 64,34 $ 1,93020 /1,000 of • ER (as noted) rnetery 307 43 6.6$ 6434 42464 /A ervice Station/Market avtg 107.65 4.3 55 231.5$ 6434 $ 14,894.71 pil'!,on ervi. Station w/Car sh 99.35 43 0.5 2136 9 6434 $ 13,743.02 /Fuel.Position 7 399 479 400 480 401 481 402 482 403 483 Project # 1 200 Unit Apartment Complex Current: City of 70% Huntington RCS Nexus Report: (effective Beach (100%) 7/20/2012) 80% (effective 7/20/2013) 90% (effective 7/20/2014) Law Enforcement Facilities No Fee $ 163,000 $ 114,200 $ 130,400 $ 146,800 Fire Suppression Facilities No Fee $ 76,400 $ 53,400 $ 61,200 $ 68,800 Circulation System (Streets, Signals, Bridges)$ 211,600 $ 331,400 $ 244,070 $ 278,916 $ 312,692 Public Library Facilities $ 81,840 $ 181,600 $ 181,600 $ 181,600 $ 181,600 Park Land/ Open Space Acquisition & Improvements $ 159,960 $ 2,767,000 $ 1,937,000 $ 2,213,600 $ 2,490,400 Development Impact Fee Total-Project*$ 453,400 $ 3,519,400 $ 2,530,270 $ 2,865,716 $ 3,200,292 *Total does not include Storm Drainage Impact fee which developer may be subject to Project # 2 50 Single Family Detached Current: City of 70% Huntington RCS Nexus Report (effective Beach (100%) 7/20/2012) Law Enforcement Facilities No Fee $ 19,800 $ 13,860 Fire Suppression Facilities No Fee $ 46,100 $ 32,270 Circulation System (Streets, Signals, Bridges)$ 75,350 $ 124,100 $ 86,850 Public Library Facilities $ 70,800 $ 58,600 $ 58,600 Park Land/ Open Space Acquisition & Improvements $ 1,340,000 $ 892,850 $ 625,000 Development Impact Fee Total-Project $ 1,486,150 $ 1,141,450 $ 816,580 *Total does not include Storm Drainage Impact fee which developer may be subject to 80% 90% (effective (effective 7/20/2013) 7/20/2014) $ 15,850 '$ 17,800 $ 36,900 $ 41,500 $ 99,300 $ 111,300 $ 58,600 $ 58,600 $ 714,300 $ 803,550 $ 924,950 $ 1,032,750 12 404 484 Project # 3 150 Room Hotel (200,000 SF) Current: City of Proposed: City of Huntington Huntington Beach Beach (100%) Law Enforcement Facilities No Fee Fire Suppression Facilities No Fee Circulation System (Streets, Signals, Bridges) $ 111,900 Public Library Facilities $ 8,000 Park Land/ Open Space Acquisition & Improvements $ 46,000 Development Impact Fee Total-Project $ 165,900 $ 68,250 $ 53,400 $ 159,300 No Fee $ 68,850 $ 349,800 Project # 4 40,000 SF Commercial (Shopping Center) Current: City of Proposed: City of Huntington Huntington Beach Beach (100%) Law Enforcement Facilities No Fee $ 41,640 Fire Suppression Facilities No Fee $ 13,160 Circulation System (Streets, Signals, Bridges) $ 207,760 $ 167,000 Public Library Facilities $ 1,600 No Fee Park Land/ Open Space Acquisition & Improvements $ 9,200 $38,160 Development Impact Fee Total-Project $ 218,560 $259,960 *Total does not include Storm Drainage Impact fee which developer may be subject to *Total does not include Storm Drainage Impact fee which developer may be subject to 13 405 485 Summary Staff is recommending approval of the proposed resolution and ordinances based upon the following reasons: • The phased-in residential per unit fee established herein allows developers to easily calculate development impact fees • The fees established herein meet the City's changing requirement for public safety, streets and signals, and other quality of life facilities • Allows for payment of Development Impact Fees at the time the impact is imposed on the system, therefore later in the development process. 14 406 486 407 405 487 408 406 488 CITY OF HUNTINGTON BEACH CITY MANAGER'S OFFICE 2000 Main Street, Huntington Beach, CA 92648 BOB HALL, DEPUTY CITY MANAGER TO: Honorable Mayor and City Council FROM: Bob Hall, Deputy City Manager CC: Fred Wilson, City Manager Joan Flynn, City Clerk DATE: May 7, 2012 SUBJECT: Supplemental Communication: #9 Public Hearing regarding Development Impact Fees Staff is recommending the following amendment to Resolution 2012-23: This change would allow for a project having received discretionary approvals to be grandfathered under the current fee structure. The staff report calls for that date to be May 7, 2012. Staff is recommending this date be changed to June 4, 2012. Attached is a copy of the revised page (pg. 3) of the Fee Resolution located under Attachment #1 of the Development Fee Impact Agenda Item. This can also be found on page HB-147 of your agenda packet. Current language: "Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012, and the following milestones are met..." Proposed language: "Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 4, 2012, and the following milestones are met..." SUPPLEMENTAL COMMUNICATION Meeting Date: ..117 //47 Agenda Item No. 409 489 12-3209.006/79289 3 Resolution No. 2012-23 4. Consistency with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those polieie that require new development to mitigate its share of the impacts to City infrastructure and4 be fiscally neutral. 5. Differentiation among Public Facilities. The City Council findythat the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected byfthe City. To the extent that other fees imposed and collected by the City, including Specific/Plan fees, are used to fund the construction of the same public facilities identified in the resp /ective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not/be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CEQA Finding. The adoption of/the Nexus Report and the increase in development impact fees are not subject to the/California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(3) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is no/defined as a "project" under CEQA. 7. Adoption of Report. T,he Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. Theinew Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012 and the following milestones are met: 1. Project has/Submitted an approved application for building permits within 180 days aftethe fee going into effect or no later than January 20, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect, no later than July 20, 2013. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the/developer receives clearance from that agency. The City Manager shall have the authority' to extend milestone dates for qualifying "grandfathered" projects in his sole discretion. All ot/her projects are subject to the new fees, which go into effect July 20, 2012. All existing Dev/elopment Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 410 490 411 491 May 4, 2012 Mayor Don Hansen and Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Meeting Date: Agenda Item No. Re: Public Hearing Agenda Item 9— Development Impact Fee Revisions Mayor Don Hansen and Members of the City Council: I am writing on behalf of the members of the Building Industry Association of Southern California, Orange County Chapter (BIA/OC) to address the proposed revisions to the City's development impact fees. As a key stakeholder on issues related to housing and community development, BIA/OC has been closely engaged on this issue. Our members appreciate the opportunity to offer our perspectives to the proposals being considered by your city council. We begin by acknowledging the hard work of the City's fine professional staff. BIA/OC is grateful for transparent and thoughtful manner in which staff has approached this issue. Our members are especially appreciative of the time and consideration city staff has afforded our comments and concerns. The end result, while not a panacea, allows more flexibility in implementation of the new fee structure. Certainly a fee increase of this magnitude is troubling to the building industry. The potential harm to our industry is exacerbated by the prolonged malaise of housing in this harsh economic climate. Certainly government is not immune to the economic challenges we all face. The health of the private sector, especially the building industry, has a direct correlation to the fiscal health of governments. For this reason, all levels of government are looking for ways to encourage growth. Dozens of local governments have slashed development fees and regulation in an attempt to spark recovery. The timing of this particular fee increase seems to illustrate a notable disconnect between how the public sector and private sector view our economic relationship. Aside from the philosophical and economic issues associated with this fee increase, BIA/OC has identified a number of errors and inconsistencies in the associated nexus study. As a result, BIA/OC has engaged staff in an attempt to find a middle ground on the timing and implementation of the fees. Thankfully, staff has been open to many of our members' Orange County Chapter Building Industry Association of Southern Ca Hernia 17744 Sky Park Circle Suite 170 Irvine, California 92614 949.553.9500 fax 949.553.9507 www.biaoc.com www.newhomesmatch.coni Your industry's comprehensive online 11 1 to new homes PRESIDENT BILL WATT BAYWOOD DEVELOPMENT VICE PRESIDENT MICHAEL MoCANN CALMAR DEVELOPMENT VICE PRESIDENT CHRIS HAINES PULTE GROUP TREASURER / SECRETARY DAVE BULLOCH STANDARD PACIFIC HOMES IMMEDIATE PAST PRES1IDENT DAVE BARTLETT BROOKFIELD HOMES TRADE CON1RACTOR COUNCIL VP. TOM RHODES TWF1 ENTERPRISES ASSOCIATE VICE PRESIDENT MARK HIMMELSTE1N NEWMEYER & DILLION, LLP MEMBER-AT-LARGE RICHARD DOUGLASS RYLAND HOMES MEMBER-AT-LARGE MIKE WINTER SARES-REGIS GROUP BRYAN STARR CHIEF EXECUTIVE OFFICER 412 492 ideas. While we acknowledge that the City's exposure caused by the nexus study may not be fully mitigated by our collaboration, BIA/OC feels that the current staff proposal reflects a good degree of compromise. BIA/OC supports the staff proposal to "grandfather" projects in the development pipeline. We are also very supportive of the plan to phase in development impact fees over a number of years. While we remain concerned about the pressure that development fee increases place on our industry, we are also grateful for the collaboration efforts of city staff. We look forward to continued dialogue on this important issue and remain a resource to the city on matters related to housing and community development. Thank you for your thoughtful consideration. Sincerely, 71 Bry. tarr Chief Executive Officer Cc: Fred Wilson, City Manager Bob Hall, Assistant City Manager 413 493 MAY 07 BIZ Huntington Beech CITY COUNCIL OFFICE (VI r( 3 ORANGE COUNTY BUSINESS COUNCIL 2 Park Plaza, Suite 100 I Irvine, California 92614-5904 phone: 949.79422421 fax: 949.476.04431 www.ocbc.org May 7, 2012 The Honorable Don Hansen, Mayor Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648. Re: Agenda Item 9: Revise the City's Existing Development Impact Fees - OPPOSE Dear Mayor Hansen, Mayor Pro Tern Dwyer and Council Members: Based in America's sixth largest county, Orange County Business Council represents the largest, most diverse businesses, with over 2,000,000 employees worldwide. We advance Orange County's economic prosperity while protecting a high quality of life. Despite signs that Orange County is beginning to emerge from the lingering recession, ongoing fiscal challenges at the state and local level persist. Although most cities have focused their efforts on economic growth by finding innovative incentives to encourage business investment and development, we can understand the city's need to update its fee program. Regardless, the business community believes it is critical that the city use sound data and realistic assumptions in order to generate fees that accurately calculate the "fair share" for new development. Most surprising about the proposed new and increased fees is the change in the City's vision from just one year ago. In March of 2011, the City released its Ten Point Plan for making it easier to do business in Huntington Beach. OCBC even honored the city with its inaugural "Red Tape into Red Carpet" awards for its efforts to proactively cut through the red tape and open the door for business. The Ten Point Plan was heralded as a means to help "produce more new jobs, expand the local tax base, and increase the satisfaction of the business community in receiving the important services they need to remain successful." Unfortunately, the process the city has followed in its Development Impact Fee update and its reliance on a fatally flawed Nexus Report pulls the "welcome" mat out from under business. OCBC does commend the city for its recent modifications that allow for a phasing of the proposed new fees and some grandfathering of projects already in the development process to use the exiting fee structure. However, the fact that the City actually had to modify its position to not increase fees on projects already under development highlights the many problems with the current fee plan. We would respectfully ask the City to review the proposed impact fee plan for consistency with its own Ten Point Plan. The lack of a streamlined development process along with increased costs seems contradictory to the City's stated commitment to "assist businesses in order for them to grow and prosper." Please consider a modest delay of 30 to 60 days to examine the financial feasibility of a longer fee phase - in period and to allow further analysis on the Nexus Report to ensure its compliance with appropriate 'technical studies and an accurate fee calculation that reflects sound assumptions and calculations. Sincerely, Kate Klimow Vice President, Government Affairs CC: Fred Wilson, City Manager SHAPING ORANGE COUNTY'S ECONOMIC FUTURE SUPPLEMENTAL COMMUNICATION meeting Date: Aginda nem z a6ed 917: i.i. zi.oz Lo Aew 414 412 494 415 495 RUTAN TUCKER LLP RUTAN RUTAF,L & TUCKER, LLP Fax;714-546-9035 May 7 2012 03:33pm P002/003 John A. Ramirez Direct Dial; (714)662-4610 E-mail; jramire arutaiLcom May 7, 2012 VIA FACSIMILE AND ELECTRONIC MAIL Honorable Mayor and Members of the City Council c/o City Clerk, City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Fred Wilson City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Adoption of Development Impact Fees Resolution (Resolution No. 2012-23) and Ordinances Amending and/or Adding Chapters of the Huntington Beach Municipal Code Regarding Police, Fire, Traffic Impact, Library, and Parkland Acquisition/Park Facilities Development Impact Fees, and General Provisions Relating Thereto (Ordinances Nos_ 3942-3947, respectively) Dear Honorable Mayor, City Council Members and Mx. Wilson: This letter is written on behalf of DCO Beachwalk, LLC, a Delaware limited liability company ("Developer"). Developer is the owner of real property located at 19891 and 19895 Beach Boulevard, in the City of Huntington Beach ("City"). On March 22, 2012, the City issued a Notice of Action approving Site Plan Review No. 11-005 (Beach.walk Apartments) consisting of approximately 173 apartment units located at the above-referenced property. The purpose of this letter is to confirm Our understanding of the "grandfathering" provision in Section 8 of City Council Resolution No. 2012-23 ("Fee Resolution"). It is our understanding that, pursuant to the Fee Resolution, the following new and revised Development Impact Fees will be imposed on development projects in the City: • Police Facilities Fees, a new development impact fee authorized by the adoption of Ordinance No. 3942, and which will be codified at Huntington Beach Municipal Code ("HBMC") Chapter 17.75; • Fire Facilities Fees, a new development impact fee authorized by the adoption of Ordinance No. 3943, and which will be codified at HBMC Chapter 17.74; • Traffic Impact Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3944, which amends HBMC Chapter 17.65 to reflect such revisions; 611 Anton Blvd, Suite 1400. Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 1032/026565-0004 Orange County I Palo Alto I www,rutan.com 33233521 a05107/12 416 496 RUTAN TUCKER LLP Fax:714-546-9035 May 7 2012 03:33pm P003/003 RUTAN RL1TAN rlICKER. LLP Honorable Mayor and Members of the City Council Fred Wilson May 7,2012 Page 2 • Library Development Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3945, and which will be codified at HBMC Chapter 17.67; and • Parkland Acquisition and Park Facilities Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3946, which amends HBMC Chapter 17.76 to reflect such revisions. It is our further understanding that the above-referenced Development Impact Fees do not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012, and that satisfy the following: (a) submit an approved application for a building permit within 180 days after the fee going into effect or no later than January 20, 2013 (subject to extension by City Manager in his/her sole discretion); (b) make continued progress toward satisfying Plan Check comments after initial building permit application; and (c) building permits are issued within 360 days after the fees go into effect, but not later than July 20, 2013 (subject to extension by the City Manager in his/her sole discretion). If our understanding is correct, because the Beachwalk Apartments received a Site Development Permit on or about March 22, 2012, the new and revised Development Impact Fees set by the Fee Resolution shall not apply to the Beachwalk Apartments, so long as the Beachwalk Apartments comply with the requirements set forth in items (a) though (c), above. We respectfully request that City staff confirm our understanding of the Fee Resolution and accompanying ordinances during the Public Hearing Item on the matter. Please contact me should you have any questions or concerns regarding the foregoing. Sincerely, RUTAN & TUCKER, LLP A. Ramirez JAR:lr 1032/026565-0004 3323352.1 a05/07/1.2 417 497 RECEIVED FROM AS PUBLIC RECORD OF MEW toFICE JOAN L FLYNN, cgs( CLERK ARCHSTONE 000 Memorandum Date: May 7, 2012 To: Huntington Beach City Council From: Kenneth Keefe kL Group Vice President Subject: Proposed Development Fee Impact Increase Thank you for the opportunity to convey our concerns with respect to the proposed development impact fee increase. Archstone and two land owners, Pedigo Products, Inc. and the George W. Psaros Trust, are involved in a development project at the southwest corner of Edinger & Gothard consisting of 510 luxury multi-family units (see attached site plan). Archstone first learned on February 1, 2012, more than 6 months after we began our process, that the city is proposing to increase the development impact fees. The project is at- risk of not moving forward due to financial infeasibility if the proposed increase in fees passes and does not include a grandfathering provision that would enable the project to remain at the current fee level. Please find below a summary of facts as well as the progress made to date: • Archstone and the two land owners have standing in the city. Archstone is the owner of a 152 unit multi-family project at 8945 Riverbend Drive in the city and will break ground on a 384 unit luxury multi-family project later this year at the corner of Gothard and Center Avenue. Pedigo Products has owned their portion of the proposed site for over 40 years and ran their manufacturing business for more than 30 years of that time. The Psaros's have owned their portion of the site for more than 25 years. • Due to the sites strategic location in the specific plan area, the city approached Rick Pedigo several years ago and asked for him to work together with the Psaros's to attract a developer who would redevelop the site consistent with the city's vision. The land owners have done precisely what the city requested. • Archstone and the two land owners have invested significant time and effort since July 2011 working to assemble the two parcels at the SW corner of Edinger & Gothard streets to develop a luxury multi-family project consistent with the city's vision and the specific plan. • The two land owners have structured their tenant leases to position the property for sale resulting in the loss of tenants and reduced revenue. • Archstone and the two land owners have incurred approximately $400,000 in out-of-pocket costs to develop the project. • Archstone has met with the city many times (6 +/-) over the pasts six months working towards a site plan acceptable to city staff. • Archstone submitted a site plan application to the city on April 4, 2012 and received first round comments from the city staff last week. • Archstone and the two land owners are committed to creating a first-class development that is consistent with the specific plan. 3 MacArthur Place, Suite 600 I Santa Ana, CA 92707 T: 714.689.7000 F: 714.689.7101 I ArchstoneApartments.com 418 498 Please find attached a summary of public benefits offered by the proposed project. The phasing-in of the fees does not solve our problem since Archstone would likely pull a building permit sometime between December 2013 and May 2014, resulting in a fee increase of approximately $6.1 million (based on the proposed fee schedule effective as of July 20, 2013) rendering the project infeasible. Therefore, in order for us to keep the deal alive and for the city to realize the project benefits, Archstone requests that the grandfathering provision be adjusted. Please find attached a copy of the current draft proposal which I have redlined in a manner consistent with what would help allow this project to proceed. Archstone will work diligently with the city to clear staff's comments, obtain the entitlements, design the project, obtain the building permit, and construct and operate the project in an expeditious manner. Archstone is committed to this luxury multi-family project and hope that the city will grant us the flexibility requested. 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IN BOOX 1, P A f MISCELLANEOUS MAPS. IN T. Off nCE Of TIRE COUNTY RECORDER OF ORA.NDE COUNTY • ,s,,, ! PARCEL 1, AS SNOWN ON p MAP FILED RA BOOK 2. PAGE il OF PAR,a I. MAPS,IN TY,E OFFICE OF THE COUNTY RECORDER Of ORANDECOUNTY. PARCELS I AND 2, A, ii-10:,NN ON A AAAP FRED. BOON S. PACE 36 OF PARCEL MAPS. IN THE OFF nCe OF THE COUNTY RECORDER Of ORMODE COUNTY. OWNER/APPLICANT , : or , "PO ei 7- 4P1211_ IP 1 ' •••=r-.•;..,,:.: : . I . ---' iir' . 11' " ' ''',1 .- I ' , , i ' WE ' i -' • .'. i ii• l • " Ai s 4,10 ' ' ; 3110t...0 ". 41,7s.gi• ' ..,•40—' , ' NE ' ''. ., . It,. :'..,1, — ii11-4-21 1 - f 'a PlitiliAliA' '......-.... •„I - -. N• • • - EAST • WEST CONNECTION STREET:L..7H .: ,- , „. • _ . ___-• _- _ • • . . • •" • . • • LP. 14°8111 • __ — , L l• , , , .,..c.,:! ..: 1 '• . , :. 1 •L':- Archstone New Development Holdings, , , .....:...:.„...-, 3 MacArthur Place, Suite 600 0' 40' 80' 120' Santa Ana, California 92707 (714)689-7057 Attn: Sarah Klaustermeier SCALE. 1" = 40' , .. [ : • , 12-033 March 28, 1011 SITE PLAN A2 1 v SITE PLAN - . — EDINGER APARTMENTS . HUNTINGTON BEACH, CA is) EM DATE ef D "E4 n , 23 t 00 02.12 ARCHS TONE ARCHITECTS ORANGE o MI. 2 A.M. Otave 3 MacArthur Place, SUITE 600 SANTA ANA, CALIFORNIA, 92707 714-689-7057 144 NORTH ORANGE Si, ORANGE, CALIFORNIA 92866 (714)639-9860 CASE FILE NUMBERS: X X 420500 • Increase in Annual •': 2011,Tak Bill Takitevenue • .• „ ExiMting Parcels Archstone Huntington Beach at Edinger Project Benefits • Description - 510 unit multifamily apartment development on the southwest corner of Edinger Avenue and Gothard Street. • Status — Project is consistent with the Beach and Edinger Corridor Specific Plan and Archstone has submitted a site plan review application to the city. • Job Creation — Project is expected to create 1,000 jobs for construction workers and consultants throughout project planning and construction. • Permits and Fees — Project is estimated to net the city $8,729,753 before the proposed increase to permits and fees being voted on by city council May 7, 2012. • Increased Property Taxes — Property Tax Revenue 142-321-01 142-321-02 142-321-10 142-321-12 142-321-13 Total $10,500 $13,570 $18,901 $8,576 $32,205 $83,752 _ Projected Takes During Construction and Lease up 2013-2017 Average Tax Per Year $809,008 $725,257 Stabilized Ann'Ual Taxes • 2617 Total Tax $1,714,170 $1,630;418 • Increased Sales Tax Revenue — 510 units will net between 750 and 1,100 new residents to Huntington Beach who will be shopping in the city and paying sales tax. • High Quality Residents — Project aims to house residents who meet Archstone's background check, credit standards, and income levels necessary to pay rent in accordance with The Fair Housing Act. • Affordable Housing - Project will contain 51 affordable housing units at moderate and low income levels. 421 501 Archstone Edinger & Gothard Estimated Schedule through Construction Start Agresssive Conservative Staff Approval (in months) Planning Commission (in months) City Council (in months) Total Entitlement Period (in months) 6 Time Period per Staff 3 Time Period per Staff (preliminary feedback from staff indicates that the project will require Planning Commission approval) 3 Time Period per Staff (my understanding is that most projects that require Planning Commission approval ultimately require City Council approval) 12 Sum of Pieces Above 4 2 2 8 Design Period 'til Construction Start (in Months) Total Entitlement & Design Period (in Months) Today's Date Range of Construction Start Dates 12 12 Typically a 12 month process including design development, preparation of construction documents, and "plan check" by the city staff 24 Sum of Pieces Above May-12 Apr-14 20 May-12 Dec-13 422502 Formatted: Indent: First line: 0" I Resolution No. 2012-23 — Paragraph 8 — Archstone's Proposed edits 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have submitted a site plan review application* received discretionary project entitlement ap-prova-l-on or before May 7, 2012 and the following milestones are met: 1. The site plan application has been deemed complete and the Project has received discretionary project entitlement approval on or before 360 days after the new fees go into effect or no later than June 20, 2013. 1,2,Project has submitted an approved application for building permits within 270480 days after receipt of discretionary project entitlement approval the fcc going into effect or no later than MarchJanuary 20, 2014-3. 2,3. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 4. Building Permits are issued within twenty-five months360 days after the new fees go into effect, no later than July 20, 20143. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 270-1-80 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority to extend milestone dates for qualifying "grandfathered" projects in his sole discretion. All other projects are subject to the new fees, which go into effect July 20, 2012. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 423 503 Development Impact Fee Comparison Current vs. Proposed (Dwyer) ,C)400--049)e2J7 RECEIVED FROM AS PUBLIC RECORD FO, OF CITY CLERK OFFICE JOAN L FLYNN, CITY CLERK Law Enforcement Facilities Consultant Effective Effective Effective 1 Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) No Fee No Fee No Fee No Fee No Fee No Fee No Fee $396 $815 $369 $455 $532 $1.041 $0.443 $277 $571 $258 $455 $532 $1.041 $0.443 $317 $652 $295 $455 $532 $1.041 $0.443 $356 $99 $734 $204 $332 $92 $455 $114 $532 $133 $1.041 $0.260 $0.443 $0.111 $198 $408 $185 $228 $266 $0.521 $0.222 $297 $611 $277 $341 $399 $0.781 $0.332 $396 $815 $369 $455 $532 $1.041 $0.443 Fire Suppression Facilities Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) No Fee No Fee No Fee No Fee No Fee No Fee No Fee $922 $382 $1,583 $356 $794 $0.329 $0.030 $645 $267 $1,108 $356 $794 $0.329 $0.030 $738 $306 $1,266 $356 $794 $0.329 $0.030 $830 $231 $344 L.c,4 $96 $1,4251 $396 $356 $89 $794! $199 $0.3291' $0.082 $0.0301 - $0.008 1 $461 $191 $792 $178 $397 $0.165 $0.015 $692 $287 $1,187 $267 $596 $0.247 $0.023 $922 $382 $1,583 $356 $794 $0.329 $0.030 1 of 3 424504 Circulation System Fee Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $1,507 $1,058 $786 $746 $1,081 $5.194 $1.061 $2,482 $1,657 $1,299 $1,105 $1,915 $4.175 $1.789 $1,737 $1,220 $909 $1,062 $1,538 $4.175 $1.789 $1,986 $1,395 $1,039 $1,062 $1,538 $4.175 $1.789 $2,226 $1,751 $1,563 $1,208 $1,165.: $1,062 - $836 $1,538' $1,290 $4.175 $4.939 $1.789 $1.243 $1,995 $1,358 $1,043 $926 $1,498 $4.685 $1.425 $2,238 $1,507 $1,171 $1,015 $1,707 $4.430 $1.607 $2,482 $1,657 $1,299 $1,105 $1,915 $4.175 $1.789 Development Impact Fee Comparison Current vs. Proposed Public Library Facilities Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% $0.44/SF $0.44/SF $0.44/SF $0.04/SF $0.04/SF $0.04/SF $0.04/SF Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $1,172 $1,172 $1,172 $1,172 t $1,085 $1,114 $908 $908 $908 $908 $491 $630 $733 $733 $733 $733 $460 $551 No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee $1,143 $1,172 $769 $908 $642 $733 No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee 2 of 3 425505 Park Land/Open Space & Facilities (No Tract Map) Consultant Effective Effective Current Fee Recom 7/20/12 7/20/13 Effective 7/20/14 16.67% 33.33% 50.00% 66.67% 83.33% 100.00% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $0.86/SF $0.86/SF No Fee $0.23/SF $0.23/SF $0.23/SF $0.23/SF $17,857 $13,835 $11,169 $459 $359 $0.954 $0.772 $12,500 $9,685 $7,818 $459 $359 $0.954 $0.772 $14,286 $11,068 $8,935 $459 $359 $0.954 $0.772 $16,071 E $ 4,697 $12,452[1 $ 2,880 $10,052 $ 1,862 $459 $ 153 $359 $ 144 $0.954k $ 0.351 $0.772 $ 0.320 $ 12,593 $ 9,453 $ 7,446 $ 337 $ 273 $ 0.713 $ 0.591 $ 15,224 $ 11,643 $ 9,307 $ 398 $ 316 $ 0.795 $ 0.643 $ 17,857 $ 13,835 $ 11,169 $ 459 $ 359 $ 0.954 $ 0.772 7,328 9,961 5,070 7,262 3,723 5,585 214 276 187 230 0.471 0.592 0.411 0.501 NOTE: The fees below fall under the Subdivision Map Act and will be addressed at a later date 3 of 3 426506 City of Huntington Beach File #:19-1277 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Approve and authorize execution of two Landscape Maintenance Agreements with the State of California Department of Transportation (Caltrans) for Pacific City Retail and Pasea Hotel for Maintenance of Landscape Improvements within the State Highway Right of Way on Pacific Coast Highway (PCH) Statement of Issue: Two Landscape Maintenance Agreements between the City and the State of California (Caltrans) are presented for City Council approval and execution for the public landscape areas within the State highway right of way in front of the Pacific City Retail and Pasea Hotel projects on Pacific Coast Highway. Financial Impact: Not Applicable. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute and record the “Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pacific City Retail project (Attachment 1); and, B) Approve and authorize the Mayor and City Clerk to execute and record the “Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pasea Hotel project (Attachment 2). Alternative Action(s): Do not authorize execution of the two agreements, and direct staff accordingly.This alternative action will prevent the typical transfer of maintenance obligations (from State-to-City and City-to-Developer) for landscaping improvements within the State right of way on Pacific Coast Highway. Analysis: The Pacific City Retail Redevelopment and Pasea Hotel projects are located at 21002 and 21080 City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™507 File #:19-1277 MEETING DATE:1/21/2020 The Pacific City Retail Redevelopment and Pasea Hotel projects are located at 21002 and 21080 Pacific Coast Highway, respectively. The projects’ development requirements included the construction and future maintenance responsibilities of landscaping and hardscape improvements within the public right of way along their street frontages. To document these responsibilities, the developer/owner(s) are required to execute the appropriate landscape maintenance agreement(s) for all landscaping, irrigation, street furniture and enhanced hardscape that encroaches into the State (Caltrans) right of way along Pacific Coast Highway and into the City’s rights of way along First Street and Huntington Street. In addition to landscaping and irrigation, the agreements also address sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for areas in State and City right of way. With respect to the State’s right of way along Pacific Coast Highway, it is Caltrans’ policy to only enter into such agreements with other governmental agencies, not with private developers/owners. Consequently, there are three agreements necessary to adequately address these landscape maintenance responsibilities: two agreements (one for each project) between the State of California and the City of Huntington Beach (Attachments 1 and 2), and a third, “companion” agreement between the City and the private developer/owner (s) (Attachment 3), which effectively transfers the maintenance responsibilities from the City to the developer/owner(s). This “companion” agreement was executed between the City, 20112 HB and PC Group Retail is included as Attachment 3 for reference. The State has now provided two “Landscape Maintenance Agreement(s) within State Highway Right of Way on Route 1 within the City of Huntington Beach”(Attachments 1 and 2),which are currently presented to City Council for approval. These agreements have been reviewed and approved by Caltrans, Public Works staff and the City Attorney’s Office, which are now ready for approval by City Council for execution. The Director of Caltrans will only sign and execute the subject agreements following the City’s approval and signatures. Public Works Commission Action: Not required. Environmental Status: These agreements are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. “Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pacific City Retail project. 2.”Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” for the Pasea Hotel project. 3.Executed “Amended and Restated License and Maintenance Agreement” (between the City, 20112 HB and PC Group Retail) City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 City of Huntington Beach File #:20-1328 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve and authorize execution of Amendment No. 1 to Agreement with Waymakers to authorize a one-year contract extension and additional compensation of $114,509 for management of the Victim and Witness Assistance Services Program; and, approve grant fund appropriation Statement of Issue: City Council is requested to approve an amendment to the original three-year contract with Waymakers, for the management of the Victim and Witness Assistance Services Program. Approval of the attached amendment will renew this agreement and allow payment to Waymakers for services rendered through calendar year 2020. Financial Impact: The contract is contingent upon the funding of the grant provided by the California Office of Emergency Services. Upon receipt of the grant award, sufficient appropriations will be available to fund the 2020 calendar year of the Waymakers contract. A new fund “Business Unit” will be designated by the Finance Department upon receipt of the grant award. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Community Service Programs, Inc. (Waymakers) for Victim and Witness Assistance Services;” and, B) Approve appropriation of $114,509 contingent upon grant funding provided by the California Office of Emergency Services, and increase professional services authority for the commensurate amount. Alternative Action(s): Do not approve and direct staff accordingly. City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™542 File #:20-1328 MEETING DATE:1/21/2020 Analysis: Since 1998, the Huntington Beach Police Department and Waymakers have been in a partnership to combat, investigate and prosecute domestic violence, sexual assault and stalking cases. Since the inception of the Violence Against Women Project, the Advocates have been continuously funded through a series of grants. The goal of the program is to help heal families and stop the cycle of violence. Without this grant, the Police Department would not be able to offer the services of Victim Advocates to victims of domestic violence. The Advocates work closely with a Police Department investigator to form a cohesive team to assist victims. The authorization of Amendment No. 1 and No. 2 will extend the length of the contract and allow the funding for one Waymakers Victim Advocate through the end of the calendar year 2020. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Amendment No. 1 to Agreement with Waymakers 2. Professional Service Approval Form - Amendment 1 (Waymakers) 3. Original fully executed contract with CSP (now Waymakers) City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 City of Huntington Beach File #:19-1285 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Approve and authorize execution of an Amendment to a Memorandum of Understanding with the Orange County Transportation Authority and the cities of Fountain Valley and Costa Mesa to extend the deadline for completion of street improvements associated with the potential removal of the Garfield/Gisler crossing of the Santa Ana River Statement of Issue: The Cities of Fountain Valley, Costa Mesa and Huntington Beach entered into a Memorandum of Understand (MOU) in 2006 to pursue certain street improvements and operational goals on our respective local streets that would potentially make the future connection of Garfield Avenue and Gisler Avenue across the Santa Ana River unnecessary and allow for the permanent deletion of the roadway from the Master Plan of Arterial Highways. Due to the extended period of time it took to begin and complete the Interstate 405 Freeway project and to allow for additional time for each agency to pursue completion of individual efforts, an amendment to the agreement is needed to extend the current December 2020 completion deadline. Financial Impact: Extension of the agreement does not result in the commitment by the City to pursue any new improvements not previously identified in the current MOU. Additional funding may be needed from various funds to complete potential projects or demonstrate the additional capacity is no longer needed. Appropriation for additional funding requirements will be requested as needed. Funding for improvements is expected to be provided through grant funding, traffic impact fee and other appropriate local roadway funding (e.g. Gas Tax) and identified through the annual Capital Improvement Program process. Recommended Action: Approve and authorize the Mayor to execute “Amendment No. 1 to Memorandum of Understanding C -6-0834 Among Cities of Costa Mesa, Fountain Valley and Huntington Beach and Orange County Transportation Authority Regarding Agency Responsibilities for Implementing the Consensus Recommendation for the Garfield-Gisler Bridge Crossing over the Santa Ana River.” City of Huntington Beach Printed on 1/15/2020Page 1 of 3 powered by Legistar™560 File #:19-1285 MEETING DATE:1/21/2020 Alternative Action(s): Provide recommended changes to the proposed Memorandum of Understanding to pursue with OCTA, Costa Mesa and Fountain Valley. Analysis: The cities of Huntington Beach, Costa Mesa and Fountain Valley entered into a cooperative Memorandum of Understanding with OCTA in 2006 to address ongoing concerns about the future connection of Garfield Avenue east, across the Santa Ana River to Gisler Avenue in Costa Mesa. This connection has been depicted on the County Master Plan of Arterial Highways (MPAH) for many years and had been used to model projections of long term traffic conditions in the area. In 2006, the Cities of Costa Mesa and Huntington Beach expressed their desire to have the bridge removed from the MPAH due to the anticipated community impacts the connection would have in both cities. Fountain Valley expressed their concern over any deletion from the MPAH because the impacts of not having the bridge in the future would significantly, and disproportionately impact roadways in Fountain Valley. A detailed study was undertaken at the time by OCTA to fully evaluate whether there were suitable, effective roadway network options that could be pursued to offset the need for the Garfield-Gisler Bridge. A group of improvements were identified that were expected to provide sufficient future roadway capacity to offset the loss of the Garfield-Gisler Bridge. The MOU set goals for completing the various improvements by the different agencies and set a target completion date of the end of the calendar year 2020. It also created an interim designation for the Garfield-Gisler connection called a “right-of-way reserve” status. With this status , all parties agreed to assume that the bridge would not be built during the evaluation of all project traffic impacts and planning of all roadway improvements (future analyses). None of the Cities have fully completed the improvements in their jurisdictions at this time. The Interstate 405 freeway project was also expected to be completed by the end of 2020 back in 2006. Since the project took longer to develop than expected and evolved over time, we will not know the true effects/benefits of the project until the expected completion date in 2023. Therefore, OCTA proposed an extending the deadline for completion of city efforts to 2025. The agreement was developed with input from staff from each agency and agreed to bring the agreement to each City Council for approval. Staff from each of the agencies are presenting the same version of the Amendment to their respective City Councils for action. Should any City request a modification to the language during the final stage of the process, it is likely that each City will need to reconsider the new version for approval. At the time of this writing, Fountain Valley has already approved the proposed language and Costa Mesa is expected to process the agreement in January or February 2020. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 1 to MOU C-6-0834 (Costa Mesa, Fountain Valley, Huntington Beach and OCTA) City of Huntington Beach Printed on 1/15/2020Page 2 of 3 powered by Legistar™561 File #:19-1285 MEETING DATE:1/21/2020 - Garfield-Gisler Bridge Crossing 2. Original 2006 MOU C-6-0834 (Costa Mesa, Fountain Valley, Huntington Beach and OCTA) - Garfield-Gisler Bridge Crossing City of Huntington Beach Printed on 1/15/2020Page 3 of 3 powered by Legistar™562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 City of Huntington Beach File #:19-1290 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) Between the City of Huntington Beach and SC Cleaning Specialist for the Installation and Maintenance of Marina Trash Skimmer at 16011 Santa Barbara Lane Statement of Issue: In April of 2016, the City of Huntington Beach (partnering with Westchester Bay HOA, Peter’s Landing Marina, Huntington Harbour Marina, and OC Parks) applied for and was awarded a grant from the Orange County Transportation Authority (OCTA) Measure M2 Environmental Cleanup Program (ECP), Tier 1 to purchase and install seven Marina Trash Skimmer (MTS) units. These MTS units were purchased with grant funds and installed in different locations within the waters of Huntington Harbour to remove floating and partially submerged trash and debris as well as hydrocarbons from the surface. This MOU between the City and SC Cleaning Specialist will formally authorize the installation and establish maintenance responsibilities of the MTS unit at 16011 Santa Barbara Lane for the next ten years. The City has already executed MOUs between the City and grant partners Peter’s Landing Marina, Huntington Harbour Marina, Davenport Marina, and OC Parks. Financial Impact: The City Council has already authorized the purchase and installation of the MTS unit to be installed at 16011 Santa Barbara Lane at the July 17, 2017 City Council meeting. Funds were included in the FY 16-17 CIP budget and the unit was purchased at that time. Ongoing maintenance costs will be covered in the existing and future Public Works maintenance budgets in business unit 10085206 and will range between $7,000 - $12,000 annually depending on the maintenance cycle. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding (MOU) between the City of Huntington Beach and SC Cleaning Specialist for the Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour,” (16011 Santa Barbara Lane). City of Huntington Beach Printed on 1/15/2020Page 1 of 3 powered by Legistar™577 File #:19-1290 MEETING DATE:1/21/2020 Alternative Action(s): Do not authorize the MOU and direct staff with an alternate action. Absent an MOU, the City cannot install the MTS unit at 16011 Santa Barbara Lane. Analysis: The OCTA Measure M2 ECP,Tier 1 grant funding program is designed to mitigate the more visible forms of pollution, such as litter and debris that collects on the roadways and in the catch basins prior to being deposited in waterways and the ocean. The program enables eligible jurisdictions to purchase and install structural best management practices such as screens, filters, and other “street scale” low flow diversion devices to address these pollutants and mitigate the impact to local water bodies. In partnership with Westchester Bay HOA, Peter’s Landing Marina, Huntington Harbour Marina, and OC Parks the City applied for and was awarded grant funding in the amount of $73,118. Total projected costs associated with the purchase, delivery, and installation of the MTS units is $97,486.54. As part of the grant application, the City and OC Parks have agreed to divide the matching portion of the grant (25%) and each contribute $12,185.82 to meet the grant requirements. This is primarily due to the fact that most of the trash and debris that discharged to the waters of Huntington Harbour is conveyed by City and County storm drain systems. Once purchased, delivered and installed at the pre-designated locations, the MTS units are designed to draw in floating and partially submerged debris, such as plastics, bottles, paper, oil sheens, and organic materials. The installation of MTS units in the Harbor will enable the City to reduce the amount of trash and debris reaching the open ocean. The MTS devices once installed will require weekly and quarterly maintenance. The weekly maintenance will be conducted by the staff or approved contractor working on behalf of the grant partners. Weekly maintenance includes removing the accumulated trash and verifying that the unit (s) are operating properly. Quarterly maintenance which is more extensive and includes replacing filters and routine maintenance on the intake pump system will be conducted by an authorized vendor as contracted by Public Works Department. The MOUs between the City and the grant partners establishes the responsibilities for the MTS units once purchased and installed for the next ten years. The MOU will require the partners to provide and pay for the electrical power to power the MTS units and conduct weekly routine maintenance. The City will conduct the quarterly maintenance and perform other maintenance such as replacing parts. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure City of Huntington Beach Printed on 1/15/2020Page 2 of 3 powered by Legistar™578 File #:19-1290 MEETING DATE:1/21/2020 Attachment(s): 1. MOU between the City and SC Cleaning Specialist 2. SC Cleaning Specialist Insurance Certificate City of Huntington Beach Printed on 1/15/2020Page 3 of 3 powered by Legistar™579 580 581 582 583 584 585 586 587 588 589 590 591 592 City of Huntington Beach File #:20-1346 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Approve the appointment of Scott Haberle to the position of Fire Chief, and authorize the City Manager to execute the employment agreement Statement of Issue: The City’s Fire Chief retired in July of 2019. To fill this critical leadership position, a national recruitment was conducted for the position of Fire Chief. Based on a thorough process to include a panel interview, Department Head meetings, and background and reference checks, the City Manager is recommending the appointment of Scott Haberle to the position. Financial Impact: Funding for this position is included in the FY 2019/20 budget. Recommended Action: Approve and authorize the City Manager to execute the “Employment Agreement between the City of Huntington Beach and Scott Haberle” for the position of Fire Chief. Alternative Action(s): Do not approve the appointment of Scott Haberle for the position of Fire Chief and direct the City Manager to re-launch a national recruitment. Analysis: The position of Fire Chief has been vacant since July 2019 due to the retirement of the former incumbent, thereby creating the need to fill the department head vacancy. The City Manager authorized Human Resources to launch the recruitment for Fire Chief in the fall of 2019. The City received more than 40+ applications for the position. Seven (7) candidates were invited to an interview process with two panels, a technical panel with external seasoned leaders in the Fire Safety industry and a representative of the Fire Association, and a second panel of the City’s Executive (Department Head) team. The panels jointly recommended two (2) finalists. The City Manager and Assistant City Manager conducted follow-up interviews with each finalist. After City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™593 File #:20-1346 MEETING DATE:1/21/2020 full and deliberate consideration, the City Manager recommends City Council approval to appoint Scott Haberle to the position of Fire Chief, effective February 10, 2020. Mr. Haberle is a 28 year veteran within the fire service. He has served as Fire Chief in the City of Monterey Park for the past five years. Additionally, he spent 23 years serving the City of Monrovia, where he held positions as the Deputy Fire Chief, Fire Battalion Chief/Fire Marshal, Fire Captain, Firefighter/Paramedic, Fire Inspector/Fire Investigator, Firefighter, and Fire Cadet. Mr. Haberle holds a Bachelor of Science degree from California State University Long Beach and a Masters of Public Administration from the University of La Verne. He has also attained the Executive Fire Officer (EFO) Certification from the Nation Fire Academy, which is one of the highest designations for fire executive training. The contractual compensation is recommended at Non-Associated/Executive Management Pay Grade NA 0015, staring point at step E ($106.31 hourly). The annual salary is $221,124.80. All other benefits provided are generally applicable to the former incumbent and/or non-associated employees (department heads) hired after 12/27/1997, as set forth in Huntington Beach City Council Resolution No. 2014-32. Environmental Status: N/A Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Fire Chief Recruitment Brochure 2. Resume, Scott Haberle 3. Employment Agreement 4. Exhibit 1 - Non-Associated Executive Management Salary Schedule Effective November 04, 2019 City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 Pay Starting Control High Grade Point Point Point 0591 City Manager NA0591 Per Contract 125.00 128.29 0029 Interim City Manager NA0029 NA NA 122.68 0592 Assistant City Manager NA0592 85.82 95.51 106.32 0009 Director of Building & Safety NA0009 74.64 83.07 92.46 0014 Director of Community Services NA0014 74.64 83.07 92.46 0008 Director of Economic Development NA0008 74.64 83.07 92.46 0574 Director of Human Resources NA0574 74.64 83.07 92.46 0479 Chief Information Officer NA0479 74.64 83.07 92.46 0007 Director of Library Services NA0007 69.94 77.85 86.66 0589 Community Development Director NA0589 80.82 89.97 100.13 0010 Director of Public Works NA0010 80.82 89.97 100.13 0518 Chief Financial Officer NA0518 80.82 89.97 100.13 0015 Fire Chief NA0015 85.82 95.51 106.31 0011 Police Chief NA0011 85.82 95.52 106.31 0012 Director of Organizational Learning & Engagement NA0012 74.64 83.07 92.46 0016 City Attorney NA0016 100.18 111.51 124.10 0017 City Clerk NA0017 69.94 77.85 86.66 0018 City Treasurer - PART-TIME NA0018 69.94 77.85 86.66 Pay Grade 0593 Chief Assistant City Attorney NA0593 74.64 78.75 83.07 87.64 92.46 0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52 0840 Deputy Director of Community Dev NA0840 66.54 70.21 74.07 78.14 82.44 0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50 0900 Assistant Chief Financial Officer NA0900 66.54 70.21 74.07 78.14 82.44 E *Per Resolution 2019-78 adopted on 11/04/19 the compensation of City Manager was modified, the Director of Organizational Learning & Engagement was added; and the positions of the Director of Human Resources, Director of Building & Safety and Director of Economic Development were deleted. EXHIBIT 1 NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE NOVEMBER 04, 2019 Job No.Description Job No.Description A B C EXECUTIVE MANAGEMENT DEPARTMENT HEADS ELECTED OFFICIALS ELECTED OFFICIALS PART-TIME CONTRACT NON-DEPARTMENT HEAD D 614 City of Huntington Beach File #:19-1249 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works David A Segura, Interim Fire Chief Subject: Adopt Resolution No. 2020-01 authorizing the Director of Public Works to submit application (s) and administer the Used Oil Payment Program (UOPP) for Eligible CalRecycle Grants; and, appropriate funds Statement of Issue: Approval is requested to adopt a resolution authorizing the Department of Public Works to administer the Used Oil and Used Oil Filter Collection Program and to apply annually for future Used Oil and Used Oil Filter Collection grants, which are currently administered by the Fire Department. An appropriation of $54,699 is requested for the current fiscal year. Financial Impact: Approximately $55,000 in annual funding is currently provided by the California Department of Resources, Recycling and Recovery (CalRecycle) Used Oil Payment Program. The funding level is determined on a per capita basis using State Department of Finance population estimates. Recommended Action: A) Adopt Resolution No. 2020-01, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works to Submit Application(s) and Administer the Used Oil Payment Program for Eligible CalRecycle Grants;” and, B) Appropriate $54,699 to used Used Oil OPP grant fund account 96066046.69505. Alternative Action(s): Do not adopt the attached resolution and continue to have the Fire Department administer the Used Oil and Used Oil Filter Collection Program. Analysis: The Huntington Beach Fire Department, has operated a grant-funded Used Oil and Used Oil Filter City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™615 File #:19-1249 MEETING DATE:1/21/2020 The Huntington Beach Fire Department, has operated a grant-funded Used Oil and Used Oil Filter Collection Program for over 22 years. The Used Oil Payment Program (UOPP) authorized in Senate Bill 546 (Lowenthal) provides up to $11 million annually in payment to municipal governments for implementation of local used oil and used oil filter recycling programs. The Public Works Department has agreed to administer the program since program best aligns with the goals and mission of the Stormwater/Urban Runoff Section of Public Works. Funding from the UOPP can be used to fund the installation of catch basin filters designed to remove oil and grease and other pollutants from City streets and thereby protecting the water quality of downstream waterbodies. Applicants are required to have a used oil and used oil filter collection program, including at least one certified collection center per 100,000 residents, or a curbside program that includes collection at least monthly and a public education program that informs the public of locally available used oil recycling opportunities. The City currently has 23 certified used oil collection centers, a curbside program that meets State requirements and a public education program that has been in existence for many years. The attached resolution reauthorizes Public Works Department staff to administer the program and to submit a UOPP application to CalRecycle. It also authorizes the Director of Public Works or his designee to execute all documents necessary to implement and secure payment under this program. This authorization will be effective until rescinded by the City Council. Environmental Status: None. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2020-01, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works to Submit Application(s) and Administer the Used Oil Payment Program for Eligible CalRecycle Grants." City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™616 617 618 619 620 City of Huntington Beach File #:20-1299 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Adopt Resolution No. 2020-02 approving the submittal of an application to the Orange County Transportation Authority (OCTA) for funding under the Project V Community-Based Transit/Circulators Program Statement of Issue: The Orange County Transportation Authority (OCTA) offers grants to provide funding for programs/projects that complement regional transit services and meet needs in areas not adequately serviced by regional transit. Staff has applied for this grant to develop and implement a two-year pilot program for a shared ride hailing service. Due to the short time-frame for submittal, a draft resolution approving the application was submitted with the application. This is allowed by OCTA. Staff seeks formal approval of the resolution. Financial Impact: Staff proposes a 20 percent match of an estimated $102,280 per year in the Air Quality Management Fund (201). If the City is awarded the grant, these funds will be included in future budget submittals beginning with FY 2020-21. Recommended Action: Adopt Resolution 2020-02 “A Resolution of the City Council of the City of Huntington Beach approving the submittal of the Project V application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program.” Alternative Action(s): Do not adopt the resolution and direct staff to withdraw the application. Analysis: Under Measure M2, OCTA has developed the Project V Community-Based Transit/Circulators Program, which establishes a competitive process to enable local jurisdictions to develop local transit services that complement regional transit services and meet needs in areas not adequately served by regional transit. Projects must meet specific criteria in order to compete for funding through this City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™621 File #:20-1299 MEETING DATE:1/21/2020 program. In addition, local jurisdictions are required to demonstrate the ability to provide matching funds. Staff is proposing a two-year pilot program to provide residents reduced cost, fixed fee, shared rides to downtown Huntington Beach. This would connect riders to OCTA bus routes. Staff has identified the southeast area of Huntington Beach as the pilot area to gauge the effectiveness of the program. This area was chosen due to the gaps in existing bus service resulting from elimination of bus routes. A portion of route 35, which runs down Brookhurst, was eliminated from Hamilton Street to PCH. Route 173, which ran down Atlanta Avenue from Magnolia Street to downtown was eliminated entirely. A map of the proposed service area, including current active bus routes, is attached. A resolution approving the application and committing matching funds must be submitted to OCTA. If approved, staff will move forward with implementation, targeting a July 1, 2020, start date. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Resolution No. 2020-02, “A Resolution of the City Council of the City of Huntington Beach approving the submittal of the Project V application to the Orange County Transportation Authority for funding under the Project V Community-Based Transit/Circulators Program.” 2. Proposed Pilot Program area map. City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™622 623 624 !! !!! !! ! ! ! ! ! ! ! ! !!!!!!!! !!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! Edison Gisler Lake Drew Eader Hawes Bailey Edison Blu f f T o p Seeley Bauer Worthy Burke Farquhar Moffett Sowers Manning Banning/Magnolia Triangle LeBard Pacific City Edison High John R. Peterson S.A. Moffett Isaac L. Sowers Ralph E. Hawes SaintsSimon & Jude La PetiteAcademy Ethel DwyerMiddle School Agnes L. Smith FirstChristian Huntington ChristianChurch School Brethren Christian High John H. Eader Indianapolis Ave.Indianapolis Ave.BrookhurstSt.Bushard St.BrookhurstSt.MagnoliaSt.Newland St.Delaware St.Adams Ave.NewlandSt.BeachBlvd.Atlanta Ave.BeachBlvd.Goldenwest St.Pal m A v e .MagnoliaSt.Lake St.Paci f i c C o a s t H w y . Adams Ave. Atlanta Ave. Ora n g e A v e .17th St.BushardSt.Adams Ave. Banning Ave. Paci f i c C o a s t H w y . Hamilton Ave. Banning Ave. Hamilton Ave. Atlanta Ave. Indianapolis Ave. COSTA MESA NEWPORT BEACH Ro u t e 1 Route 33Route 178 Route 35Route 29Ro u t e 2 5 R Surf City Huntington Beach N S EW 0 0.50.25 Miles HB GISDecember 2019 Information Services Department G:\GIS\Projects\Administration\OCTA_ProjectV_GoHB\BusRoutesStops2Downtown.mxd CAUTION WHEN USING THIS MAP Information shown hereon is a compilationof data from sources of varying accuracyand is provided as a convenience to theuser. The City of Huntington Beach doesnot guarantee its completeness or accuracy. It is the user's responsibility to verify allinformation to their own satisfaction.S A N T A A N A R I V E R! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Pacific City6th St6th St Huntington St7th St1st St3rd StPacif i c V i e w A v e Atlanta Ave Walnut AveWa l n u t A v e Ro u t e 1 Ro u t e 2 5 Route 29Bus Routes City of Huntington Beach Bus Routes Harbor/Channels Beaches City Boundary Bus Stops Schools Residential Low Density Parks ! Residential Medium Density Residential Medium High Density Residential High Density Drop-Off Zone # 0 0.250.125 Miles 625 City of Huntington Beach File #:20-1301 MEETING DATE:1/21/2020 REQUEST FOR SUCCESSOR AGENCY ACTION SUBMITTED TO:Honorable Chair and Board Members SUBMITTED BY:Oliver Chi, Executive Director PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Adopt Successor Agency Resolution Nos. 2020-02 and 2020-01 approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the Huntington Beach Successor Agency for the period of July 1, 2020, through June 3, 2021, in accordance with Health and Safety Code Section 34177 and related actions Statement of Issue: The Successor Agency is requested to approve the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for the period of July 1, 2020, through June 30, 2020. An approved ROPS must be submitted to the County of Orange Oversight Board by January 28, 2020, and then to the Department of Finance (DOF) by February 1, 2020. This is the second year that the Successor Agency is submitting the annual ROPS to the Countywide Oversight Board. Financial Impact: The ROPS provides the County Auditor-Controller with the amount of the former Redevelopment Agency’s enforceable obligations for which the Successor Agency anticipates incurring expenditures. Once approved by DOF, the Successor Agency will be entitled to receive property tax revenue up to the amount of the DOF-approved enforceable obligations included in the Payment Schedule. The ROPS requests $6,467,379 in funds to support existing legally required enforceable obligations. Successor Agency Recommended Action: A) Adopt Resolution No. 2020-01, “A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2020, through June 30, 2021;” and, B) Adopt Resolution No. 2020-02, “A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2020 - June 30, 2021 (‘ROPS 20-21’).” Alternative Action(s): Do not adopt the Resolutions and direct staff accordingly. Per Health and Safety Code Section 34177 (m)(2), the Successor Agency would be assessed a $10,000 per-day penalty for failure to City of Huntington Beach Printed on 1/15/2020Page 1 of 3 powered by Legistar™626 File #:20-1301 MEETING DATE:1/21/2020 submit the ROPS on a timely basis. Additionally, failure to submit the ROPS within ten (10) days of the deadline may result in a 25% reduction of the Successor Agency’s maximum administrative cost allowance for the period covered by the delinquent ROPS. Analysis: As part of the 2011 Budget Act, as recommended by then Governor Jerry Brown, the Legislature approved the dissolution of the state’s 400 plus Redevelopment Agencies. After litigation, the California Supreme Court’s ruling on the Dissolution Act, all redevelopment agencies in California were dissolved effective February 1, 2012. The Dissolution Act, AB 1484, and related legislation describe the procedures to wind-down the affairs of the former redevelopment agencies. These provisions include the continued payment of recognized enforceable obligations as defined in the law. The ROPS for July 1, 2020, through June 30, 2021, request payment for enforceable obligations associated with the former Redevelopment Agency’s Tax Allocation bonds, development agreements, legal services, administrative, and other miscellaneous costs. The County Oversight Board and DOF has the authority to review the ROPS and return it to the Successor Agency for reconsideration and modification or to disallow payment for a listed obligation. The County Oversight Board will review and approve the City’s current ROPS on the January 28, 2020, meeting, then the City must submit to the State DOF by February 1, 2020. The State DOF will make its determination by April 15. The City’s ROPS will not be effective until approved by the State DOF. The Successor Agency and City are pursuing legal action to begin the repayment of former redevelopment agency loans from the City. The DOF has denied the repayment of these legitimate redevelopment loans on three separate occasions totaling $71 million. The Administrative Budget for the July 1, 2020, through June 30, 2021, budget reflects a total of $250,000, which represents the maximum reimbursement to cities allowed by law for costs associated with administering these obligations. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-01, “A Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for the Period July 1, 2020, through June 30, 2021” 2. Resolution No. 2020-02, “A Resolution of the Successor Agency to the Redevelopment City of Huntington Beach Printed on 1/15/2020Page 2 of 3 powered by Legistar™627 File #:20-1301 MEETING DATE:1/21/2020 Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule for the Period July 1, 2020 - June 30, 2021 (‘ROPS 20-21’)” City of Huntington Beach Printed on 1/15/2020Page 3 of 3 powered by Legistar™628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 City of Huntington Beach File #:19-1170 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Public Hearing Continued Open from December 16, 2019 to consider Zoning Text Amendment No. 19-002 (Huntington Beach Zoning and Subdivision Ordinance Update) by approving for introduction Ordinance Nos. 4193, 4194, 4195, 4196, 4197, 4198 and 4199 Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 19-002,a City-initiated request to amend seven chapters of the HBZSO for overall maintenance pertaining to vehicle storage, parking structures, residential infill requirements, and moving/relocating structures. The request also codifies existing policies and clarifies sections of the code.The Planning Commission and staff recommend approval of the request. Financial Impact: Not applicable. Recommended Action: A) Find Zoning Text Amendment No. 19-002 exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act (Attachment No. 1); and B) Approve Zoning Text Amendment No. 19-002 with findings (Attachment No. 1) and approve for introduction: Ordinance No. 4193, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-002);” Ordinance No. 4194, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Titled Definitions (Zoning Text Amendment No. 19-002);” Ordinance No. 4195, “An Ordinance of the City Council of the City of Huntington Beach City of Huntington Beach Printed on 1/15/2020Page 1 of 6 powered by Legistar™644 File #:19-1170 MEETING DATE:1/21/2020 Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 19-002);” Ordinance No. 4196, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance Titled Off- Street Parking and Loading Provisions (Zoning Text Amendment No. 19-002);” Ordinance No. 4197, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Titled Site Standards (Zoning Text Amendment No. 19-002);” Ordinance No. 4198, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Titled I Industrial Districts (Zoning Text Amendment No. 19-002);” and, Ordinance No. 4199, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance Titled C Commercial Districts (Zoning Text Amendment No. 19-002);” (Attachment Nos. 3 - 9). Alternative Action(s): The City Council may make the following alternative motion(s): A) Continue Zoning Text Amendment No. 19-002 and direct staff to return with findings for denial. B) Continue Zoning Text Amendment No. 19-002 and direct staff accordingly. Analysis: A.PROJECT PROPOSAL Applicant: City of Huntington Beach Location: Citywide The Zoning Text Amendment (ZTA) proposes to amend seven chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to reorganize certain entitlement applications to a lower hearing body or permit by right, codify existing policies, and clarify sections of the code. The seven chapters to be amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), Chapter 211 (Commercial Districts), Chapter 212 (Industrial Districts), Chapter 230 - Section 230.22 (Residential Infill Lot Development) and Section 230.74 (Outdoor Facilities), and Chapter 231 (Off-Street Parking and Loading Provisions). In an ongoing effort to improve customer service and ensure the HBZSO is clear, current, and consistently adapting to market trends, staff has identified some needed changes. The proposed amendments would decrease processing time for applicants, encourage new businesses, provide greater clarity, and ultimately improve customer service. ZTA No. 19-002 represents the second phase of the overall ongoing HBZSO update. A matrix providing a comparison between City of Huntington Beach Printed on 1/15/2020Page 2 of 6 powered by Legistar™645 File #:19-1170 MEETING DATE:1/21/2020 the current code sections and the proposed changes is included as Attachment No. 2. Legislative drafts of the amended chapters are also attached. B.PLANNING COMMISSION MEETING The Planning Commission held a public hearing on ZTA No. 19-002 on November 12, 2019. There were no public comments regarding the proposed ZSO update. The Planning Commission asked some questions for clarification regarding vehicle storage and infill. Commissioner Scandura made a motion to recommend that all vehicle storage uses in all zones be reviewed by the Planning Commission. However, the motion did not receive a second and failed. Planning Commission Action on November 12, 2019: The motion was made by Kalmick, seconded by Perkins, to find and determine that the project is exempt from the California Environmental Quality Act, recommend approval of ZTA No. 19 -002, and forward to the City Council for consideration carried by the following vote: AYES: Ray, Grant, Garcia, Kalmick, Perkins NOES: Scandura ABSENT: None ABSTAIN: Mandic C.STAFF ANALYSIS AND RECOMMENDATION Zoning Compliance: The following provides a review of the proposed amendments in four sections. 1.Residential Infill Section 203.06 - Infill Lot Development Section 203.06 - Residential Infill Lot Delete current definitions and replace with new Residential Privacy Design Standards Section 203.06 - Residential Privacy Design Standards Add new definition to describe applicability of Residential Privacy Design Standards: —Add floor area above first floor of existing SFD or construction of new SFD with more than one floor —Increase number of windows or move existing windows above first floor of existing SFD Section 210.06 (W) - Residential Development Standards Require design elements to ensure privacy between structures: —Off-set bedroom and bathroom windows above the first floor —Orient balconies to front, rear, open space, street, or provide: o Min. 20 ft. separation between balcony/deck and adjacent structure City of Huntington Beach Printed on 1/15/2020Page 3 of 6 powered by Legistar™646 File #:19-1170 MEETING DATE:1/21/2020 Section 230.22 - Residential Infill Lot Developments Delete section and replace with additional provision 210.06 (W) for Residential Privacy Design Standards. Renaming Residential Infill requirements as Residential Privacy Design Standards more accurately describes the provisions for offsetting windows and balconies on single family homes. Reorganizing the requirements within the ZSO from Section 230.22 into Section 210.06 will enable property owners and architects to easily access the revised standards while reviewing the applicable development standards. The revised privacy design standards will be applicable to area above the first floor only. Single family homes in the City are typically separated by a six ft. wall or fence, which provides substantial privacy for any windows that may align on the first floor. Revising the applicability of privacy design standards reduces the processing time of single family remodel/addition projects that do not add or alter any area above the first floor. 2.Vehicle Storage Section 204.10 (GG) 8. Vehicle Storage Delete this definition and add three more specific vehicle storage classifications Section 204.10 (GG) 8. Vehicle Storage, Impound Yards Add new impound yard use classification Section 204.10 (GG) 9. Vehicle Storage, Off-Site Auto Sales Add new use classification for off-site vehicle storage for auto sales businesses located within the City Section 204.10 (GG) 10. Vehicle Storage, Recreational Vehicles Add new recreational vehicle storage use classification Section 211.04 CO, CG, and CV Districts - Land Use Controls (Vehicle Storage) Current Process: CUP from ZA in CG Zone Proposed Process: ·Delete Vehicle Storage use classification and add 3 more specific classifications ·Add: o Vehicle Storage, Impound Yards (PC in CG Zone) o Vehicle Storage, Off-Site Auto Sales (P/ZA in CG Zone based on proximity to R districts) o Vehicle Storage, Recreational Vehicles (ZA in CG Zone) o Additional provisions for screening/walls Section 212.04 IG, IL, and RT Districts - Land Use Controls (Vehicle Storage) Current Process: ·Permitted in IG Zone ·CUP from ZA in IL Zone ·CUP from ZA/PC in RT Zone (based on proximity to R districts) City of Huntington Beach Printed on 1/15/2020Page 4 of 6 powered by Legistar™647 File #:19-1170 MEETING DATE:1/21/2020 ·Additional provision H** Proposed Process: ·Delete Vehicle Storage use classification and add 3 more specific classifications ·Revise/update formatting for additional provision H** and allow auto storage uses on public agency owned property pursuant to a Parking Area Plan ·Add: o Vehicle Storage, Impound Yards (PC all Zones) o Vehicle Storage, Off-Site Auto Sales (P/ZA all Zones) o Vehicle Storage, Recreational Vehicles (ZA all Zones) o Additional provisions for screening/walls 3.Parking and Parking Structure Section 203.06 - Parking, Subterranean Section 203.06 - Parking, Tandem Add new definitions for clarification of two types of parking facilities Section 203.06 - Parking Structure Update definition for clarification Section 231.18 (G) - Parking Structures Clarify development standards and establish design guidelines for parking structures. Revise to codify existing policy that allows for maximum 15% slope with minimum 12 foot long transitions for ramps that are not used for back up space for parking stalls. Section 230.74 Outdoor Facilities Add Vehicle Storage to list of exceptions for outdoor storage entitlement requirements to avoid conflicts with requirements for updated use classifications Adding definitions of subterranean parking and tandem parking will provide clarity within the ZSO regarding these common types of parking facilities. Revising the parking structure definition will ensure the definition is inclusive of new technologies such as automated parking structures and clarify that a surface parking lot with a roof above it is not a parking structure. Further, some development standards will also be clarified, such as screening and landscaping requirements. There are currently no codified design guidelines for parking structures. The revision includes a menu of options for design guidelines to improve the architectural quality of parking structures and give applicants some direction on aesthetics. Also, the list of exceptions in the outdoor facilities section would be updated to also include the new vehicle storage classifications which are subject to their own specific requirements in the commercial and industrial code sections. Providing these revisions to the ZSO ensures it is clear to all readers, updates it in accordance with modern standards, and provides better guidance for architectural quality. 4.The following amendments include cleanup and clarification: Section 204.10 (H) - Commercial Recreation and Entertainment - Delete reference to HBMC 9.28 which has been repealed. City of Huntington Beach Printed on 1/15/2020Page 5 of 6 powered by Legistar™648 File #:19-1170 MEETING DATE:1/21/2020 Section 210.06 (X) - Development Standards -Add provision to reference HBMC 17.28 if moving/relocating structures These amendments involve cleaning up the HBZSO to improve clarity and allow for internal consistency. By adding the relocation provision to the ZSO, the information is readily accessible to staff and the public. D.SUMMARY Staff recommends that the City Council approve Zoning Text Amendment No. 19-002 with findings based on the following: ·Cleans up the HBZSO to improve clarity, address deficiencies, and maintain currency. ·Codifies existing policies and code interpretations and allows select entitlement requests to be reviewed by a lower hearing body or to be permitted by right. ·Results in better customer service by providing a clear, prompt, and cost effective review process. ·Consistent with General Plan goals and policies. Environmental Status: ZTA No. 19-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Suggested Findings of Approval - ZTA No. 19-002 2. HBZSO Update Matrix of Changes 3. Ord 4193 - Chapter 210 (Residential Districts) w/Legislative Draft 4. Ord 4194 - Chapter 203 (Definitions) w/Legislative Draft 5. Ord 4195 - Chapter 204 (Use Classifications) w/Legislative Draft 6. Ord 4196 - Chapter 231 (Off-Street Parking and Loading Provisions) w/Legislative Draft 7. Ord 4197 - Chapter 230 (Site Standards) w/Legislative Draft 8. Ord 4198 - Chapter 212 (Industrial Districts) w/Legislative Draft 9. Ord 4199 - Chapter 211 (Commercial Districts) w/Legislative Draft City of Huntington Beach Printed on 1/15/2020Page 6 of 6 powered by Legistar™649 ATTACHMENT NO. 1 FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO. 19-002 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements CEQA because the request is a minor amendment to the zoning ordinance that does not change the development standards intensity or density. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 19-002: 1. Zoning Text Amendment (ZTA) No. 19-002 to amend Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), Chapter 211 (Commercial Districts), Chapter 212 (Industrial Districts), Chapter 230 - Section 230.22 (Residential Infill Lot Development) and Section 230.74 (Outdoor Facilities), and Chapter 231 (Off- Street Parking and Loading Provisions) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to reorganize certain entitlement applications, codify existing policies, and clarify sections of the code is consistent with the objectives, policies, general land uses and programs specified in the General Plan including: Land Use Element Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11 (A): Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13 (A): Encourage expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. 650 Policy LU-2 (E): Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Policy LU-4 (D): Ensure that single-family residences are of compatible proportion scale and character to surrounding neighborhoods. The ZTA will allow the City to process new development and land use applications in a more effective and efficient manner which will encourage a variety of commercial uses, goods, and services to meet market needs and capture sales tax revenues. The proposed amendments would decrease processing time for applicants by updating review processes, provide clarity, reflect market conditions within the City, and ultimately improve customer service. 2. In the case of a general land use provision, ZTA No. 19-002 is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed because it primarily revises the processing of entitlements and clarifies various sections of the HBZSO. The few uses that have been added or clarified will not change the character of the base zoning district and the uses authorized therein. 3. A community need is demonstrated for the changes proposed because there is a constant community desire to improve customer service with decreased processing time and ensure the HBZSO is clear, current, and consistently adapting to market trends. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because ZTA No. 19-002 ensures the HBZSO is clear, current, consistently adapting to market trends, and reflective of the City’s ongoing effort to improve customer service. 651 ZONING TEXT AMENDMENT 19-002 SUMMARY TOPIC CURRENT PROPOSED Chapter 203: DEFINTIONS Infill Lot Development Describes applicability of Residential Infill Standards Delete definition – replaced with new Residential Privacy Design Standards Parking, Subterranean -- Add new definition for clarification Parking, Tandem -- Add new definition for clarification Parking Structure A structure used for parking of vehicles where parking spaces, turning radius, and drive aisles are incorporated within the structure. Update definition for clarification Residential Infill Lot Describes applicability of Residential Infill Standards Delete definition – replaced with new Residential Privacy Design Standards Residential Privacy Design Standards -- Add new definition to describe applicability and requirements of Residential Privacy Design Standards Chapter 204: USE CLASSIFICATIONS 204.10 (H) Commercial Recreation and Entertainment Cyber café having more than four coin-operated game machines as regulated by HBMC Chapter 9.28 Delete reference to HBMC 9.28 which has been repealed 204.10 (GG) 8. Vehicle Storage Describes the general business of storing vehicles Delete; add three more specific vehicle storage classifications 204.10 (GG) 8. Vehicle Storage, Impound Yards -- Add new definition of impound yards 204.10 (GG) 9. Vehicle Storage, Off-Site Auto Sales -- Add new definition of off-site vehicle storage for auto sales businesses within the City 204.10 (GG) 10. Vehicle Storage, Recreational Vehicles -- Add new definition of the storage of recreational vehicles Chapter 210: RESIDENTIAL DISTRICTS 210.06 (W) Development Standards 210.06 (X) Development Standards -- -- Add Residential Privacy Design Standards Add provision to reference HBMC 17.28 if moving/relocating structures Chapter 211: 652 COMMERCIAL DISTRICTS 211.04 CO, CG, and CV Districts – Land Use Controls Vehicle Storage: ZA in CG Zone Delete Vehicle Storage use classification Add: Vehicle Storage, Impound Yards (PC in CG Zone) Vehicle Storage, Off-Site Auto Sales (P/ZA in CG Zone) Vehicle Storage, Recreational Vehicles (ZA in CG Zone) Additional provisions for screening/walls Chapter 212: INDUSTRIAL DISTRICTS 212.04 IG, IL, and RT Districts – Land Use Controls Vehicle Storage: IG Zone: P IL Zone: ZA RT Zone: ZA/PC Additional provision H** Delete Vehicle Storage use classification Revise additional provision H** for auto storage uses on public agency owned property Add: Vehicle Storage, Impound Yards (PC all Zones) Vehicle Storage, Off-Site Auto Sales (P/ZA all Zones) Vehicle Storage, Recreational Vehicles (ZA all Zones) Additional provisions for screening/walls Chapter 230: SITE STANDARDS 230.22 Residential Infill Lot Developments Describes requirements Infill Lot Development Delete section – replaced with additional provision in 210.06 for Residential Privacy Design Standards 230.74 Outdoor Facilities Describes requirements for outdoor display and storage of merchandise/materials Add provision to exceptions in accordance with revised Vehicle Storage use classifications Chapter 231: OFF- STREET PARKING AND LOADING PROVISIONS 231.18 (G) Parking Structures Describes development standards for parking structures Clarify development standards and establish design guidelines for parking structures Revise to codify existing policy that allows for maximum 15% slope with minimum 12 foot long transitions for ramps that are not 653 used for back up space for parking stalls P: Permitted N/P: Not Permitted Director: Submitted for staff review AP/NN: Administrative Permit with Neighborhood Notification CUP: Conditional Use Permit ZA: CUP to Zoning Administrator PC: CUP to Planning Commission 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 City of Huntington Beach File #:19-1205 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Appeal of Planning Commission Approval of Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 (3rd Street Commercial Building) Statement of Issue: Transmitted for your consideration is an appeal by Councilmember Peterson of the Planning Commission’s approval of Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001. This application is a request to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot. The project includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration (car lifts) and one level of subterranean parking accessed by a car elevator and a valet parking service. The appeal is based on concerns regarding the proposed parking design and the potential impacts it may have to the surrounding area. Financial Impact: Not applicable. City Council Action: The Planning Commission recommends the City Council take the following action(s): A) Find the Proposed Project Exempt From the California Environmental Quality Act Pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457; and, B) Approve Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 with findings and conditions of approval (Attachment No.1). Alternative Action: A) Continue Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 and direct staff to return with findings for denial; City of Huntington Beach Printed on 1/15/2020Page 1 of 6 powered by Legistar™738 File #:19-1205 MEETING DATE:1/21/2020 B) Continue Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 and direct staff accordingly. Analysis: A.PROJECT PROPOSAL: Applicant: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 Property Owner: Justin Helwig, WBJH Properties, 1112 Park Street, Huntington Beach, CA 92648 Location: 321 3rd Street, 92648 (north side of 3rd Street between Orange Ave. and Olive Ave.) The project site is a vacant 0.19-acre site located in District 1 of the Downtown Specific Plan (SP 5). The proposed building will be the headquarters for a local office business with a small-scale retail use at the ground floor. A comprehensive description of the proposed project as well as the General Plan and Zoning analysis can be found in the November 12, 2019 Planning Commission staff report (Attachment No. 6). B.PLANNING COMMISSION MEETING AND RECOMMENDATION On November 12, 2019, the Planning Commission held a public hearing to consider the proposed project. Testimony in support of the request was received from the applicant and the applicant’s representatives. Testimony in opposition of the request was received from four adjacent businesses. The neighboring businesses were concerned with potential queueing of vehicles into the alley and potential impacts to the loading and unloading of delivery trucks within the alley. Other comments in opposition also included concerns for impacts to the Downtown public parking. Commissioners had questions regarding the use being a drug rehabilitation center and the timing and mechanics of the proposed parking design. Commissioners questioned the efficiency of the proposed parking design and valet service but overall supported the request and cited that the project met development standards, and a letter in support was received by a resident across 3 rd Street. Ultimately, the Planning Commission stated that the parking design was an innovative idea to provide parking onsite and there were sufficient conditions of approval in place to ensure the operations and management of the valet service, mechanical lifts, and car elevator are maintained at all times and a drug rehabilitation center is not permitted within the building. Planning Commission Action on November 12, 2019 A motion was made by Kalmick, seconded by Grant to approve Coastal Development Permit No. 19- 001 and Conditional Use Permit No. 19-001 with findings carried by the following vote: AYES: Garcia, Grant, Scandura, Ray, Kalmick, Perkins NOES: None ABSTAIN: Mandic City of Huntington Beach Printed on 1/15/2020Page 2 of 6 powered by Legistar™739 File #:19-1205 MEETING DATE:1/21/2020 ABSENT: None MOTION PASSED C.APPEAL: On November 20, 2019, Councilmember Peterson appealed the Planning Commission’s approval of the project (Attachment No. 8). The appeal was based on concerns regarding the proposed parking and the potential impacts to the surrounding area. Access and Parking Access to the parking area is taken from the public alley from either Orange Avenue or Olive Avenue. The proposed project requires 41 parking spaces and provides for 41 spaces within two levels of parking. The retail component requires one parking space per 1,000 sq. ft. and the office use requires two spaces per 1,000 sq. ft. as shown in the breakdown below: Retail = 1,660 sq. ft./1,000 * 3 = 4.98 Office = 18,000 sq. ft./1000 * 2 = 361 TOTAL SPACES REQUIRED = 41 SPACES TOTAL SPACES PROVIDED = 41 SPACES (With vertical lifts and vehicle elevator) The Downtown Specific Plan (SP 5) allows for a maximum of 40 percent of required parking for commercial uses to be provided as tandem parking with the approval of a conditional use permit. Additionally, in developments where 100 percent of the required parking is provided onsite, the Planning Commission may still impose parking strategies, such as valet service, to avoid impacts to public access and parking. In this case, the applicant submitted a parking management plan (Attachment No. 5) to demonstrate how valet attendants will provide retail customers and office tenants with access to parking through the vehicle lifts and car elevator. The parking design includes parking at the ground floor with seven standard stalls and 14 spaces in a vertical tandem configuration (34 percent of required parking). The vertical tandem spaces are operated with a mechanical lift where the lift is lowered to the ground and a vehicle is driven onto the lift and raised to allow another vehicle to park below. The parking layout also includes a subterranean level that is accessed by a car elevator located within the ground floor parking lot. The car elevator allows for one car to be lowered into the subterranean level at a time. The subterranean level has 20 standard stalls and bicycle storage. The applicant proposes a valet service that will be available during all office and retail operating hours. The valet service includes two attendants on the ground floor and two attendants on the subterranean level. Each attendant will be equipped with radios to communicate to each other to operate the service. Upon entering the parking lot, an attendant will park a vehicle on one of the mechanical lifts and then raise the lift to expose the lower space for another vehicle to park. Once all ground floor parking spaces are filled, vehicles will be placed on the car elevator and lowered to the subterranean floor where the two attendants will park them in available spaces. During a peak arrival time, one attendant from the subterranean level will come up to the ground floor and bring any queuing vehicles into the car elevator to send them to the subterranean level to provide relief for the upper level operation and to minimize queuing into the alley. The parking management plan states it takes approximately three minutes and 20 seconds to utilize the car elevator method and City of Huntington Beach Printed on 1/15/2020Page 3 of 6 powered by Legistar™740 File #:19-1205 MEETING DATE:1/21/2020 takes approximately three minutes and 20 seconds to utilize the car elevator method and approximately one minute and 45 seconds for the mechanical lifts from the time a driver enters the garage, hands the key off, and the valet attendant gets the vehicle parked. If a vehicle is within the subterranean parking level, an attendant on the ground floor will radio an attendant below to retrieve the vehicle and send it up the car elevator. When a vehicle is on a lift, one attendant will move the vehicle parked below while another attendant will lower the claimed vehicle. In addition, as spaces open up at the end of the day, vehicles will be moved into easily accessible spaces to ensure vehicle retrieval is expedited. A survey of other cities that allow for alternative parking designs similar to the proposed project also require a covenant and agreement regarding maintenance of the mechanical parking system to ensure the parking system is maintained in operable condition at all times. Furthermore, the covenant requires the automated parking systems be equipped with an onsite generator with sufficient capacity to store and retrieve cars when the power is down. Mechanical lifts must provide manual override capability to access or remove cars from the parking lift in the event of a power outage; and if the facility is inoperable for more than three days, what the operator’s plan would be to accommodate the parking of vehicles until the system is fully operational. To ensure availability of code required parking at all times, a condition of approval is in place for the recordation of a covenant to permanently implement and maintain the parking management plan and mechanical parking system as described. The covenant as well as the conditions of approval include specific instructions such as requiring the operator to notify the Community Development Department within 24-hours of any failure of the mechanical system in order for the Department to monitor the situation and enforce an alternative parking plan as necessary. The covenant and the conditions of approval state the parking system shall not be inoperable for more than five days. However, in the event the issues cannot be resolved within five days, the operator must submit evidence that the parking issues are being actively addressed for resolution and the operator shall continue to work with the Department to employ alternative parking strategies until the parking system is operable. Queueing and Loading Queueing of vehicles cannot occur within the adjacent public alley right-of-way. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) addresses queueing for uses such as drive through services and specifies a number of spaces for the stacking of vehicles in a manner that would not impede traffic in the adjacent area. For instance, a drive through restaurant requires queue space for five cars per service window to ensure that vehicles do not spill over onto an adjacent property or within the public right-of-way. In addition, when barriers or gates are proposed at property entrances, the HBZSO requires a minimum 20 ft. setback so that vehicles waiting to enter a site do not block or impede traffic flow on the adjacent street system. In other cities that allow for this type of alternative, space-efficient parking design, a queueing area is also required. For example, the City of Santa Monica requires that off-street queueing space at the entrance of the parking garage be provided at a minimum rate of five percent of the total parking spaces. A challenge is that the HBZSO does not explicitly address this alternative parking system and therefore does not specify a specific queueing area requirement for this design. The applicant has not proposed any queueing areas onsite; and instead, is proposing to stagger the start time of the office employees. Because the office use is a headquarters for one business, staggering of the start times is feasible. Based on the applicant’s narrative (Attachment No. 3), the hours of operation of the retail and office use is 7:00am to 7:00pm and there is a condition of approval to require the valet service during all hours of operation and until the last vehicle is retrieved from the parkingCity of Huntington Beach Printed on 1/15/2020Page 4 of 6 powered by Legistar™741 File #:19-1205 MEETING DATE:1/21/2020 valet service during all hours of operation and until the last vehicle is retrieved from the parking garage. However, in the event the building is sold to a new property owner and/or leased out to multiple tenants, another condition of approval requires the property owner to submit an updated parking management plan for review and approval by the Community Development Director prior to the issuance of a Certificate of Occupancy to another occupant. In addition, to ensure the proposed parking design is easy to use for a mix of uses, i.e., long-term users such as office employees and short-term retail customers with a higher turnover rate, the retail customers will be kept off the lifts and parked in the standard ground floor stalls to expedite their departure. In addition, the Planning Commission added a condition of approval that requires the applicant to submit a plan that specifies the staggered start times for employees to be reviewed and approved by the Community Development Department and that plan will be included in the parking management plan. Lastly, to address potential impacts from truck deliveries or loading and unloading, a condition of approval requires that truck deliveries or loading and unloading shall occur offsite in the designated loading areas on public streets, and will occur outside of peak arrival and departure times to ensure traffic impacts within the alley are minimized. Environmental Status: The proposed project is covered by the Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The request to construct approximately 19,660 sq. ft. building with 1,660 sq. ft. of retail on the ground floor, 18,000 sq. ft. of office above, and a roof top deck on a 8,475 sq. ft. vacant lot is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. The project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for projects in conformity with that specific plan. The project is consistent with the Downtown Specific Plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Downtown Specific Plan project (EIR No. 08-1) and the project is conditioned to comply with all applicable EIR No. 08-1 mitigation measures. In light of the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Suggested Findings and Conditions of Approval for CDP 19-001/CUP 19-001 2. Vicinity Map 3. Project Narrative Dated April 3, 2019 4. Site Plans, Floor Plans, and Elevations Received October 14, 2019 5. Parking Management Plan Dated August 2, 2019 6. Planning Commission Staff Report dated November 12, 2019 7. PC Notice of Action Dated November 13, 2019 8. Appeal of Planning Commission Action Dated November 20, 2019 City of Huntington Beach Printed on 1/15/2020Page 5 of 6 powered by Legistar™742 File #:19-1205 MEETING DATE:1/21/2020 City of Huntington Beach Printed on 1/15/2020Page 6 of 6 powered by Legistar™743 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO. 19-001 CONDITIONAL USE PERMIT NO. 19-001 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The proposed project is covered by the Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The request to construct approximately 19,660 sq. ft. building with 1,660 sq. ft. of retail on the ground floor, 18,000 sq. ft. of office above, and a roof top deck on a 8,475 sq. ft. vacant lot is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. The project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for projects in conformity with that specific plan. The project is consistent with the Downtown Specific Plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Downtown Specific Plan project (EIR No. 08-1) and the project is conditioned to comply with all applicable EIR No. 08-1 mitigation measures. In light of the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. FINDINGS FOR APPROVAL – COASTAL DEVELOPMENT PERMIT NO. 19-001: 1. Coastal Development Permit No. 19-001 to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot conforms with the General Plan, including the Local Coastal Program because it is consistent with Coastal Element C 1.1.1, which encourages development within, or contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction of a new commercial building is located on a site that is contiguous to existing commercial buildings. 2. The request for Coastal Development Permit No. 19-001 to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code because the project complies with the minimum onsite parking, upper story setbacks, setbacks, building height, and all other zoning requirements. 3. At the time of occupancy, the proposed request to Coastal Development Permit No. 19-001 to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot can be provided with infrastructure in a manner that is consistent with Local Coastal Program in that the subdivided lot will allow for the construction of a commercial building on a site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. 744 The proposed request to Coastal Development Permit No. 19-001 to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the proposed development will not impede public access, recreation, or views to coastal resources. FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 19-001: 1. Conditional Use Permit No. 19-001 for the development to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot and includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration (car lifts) and one level of subterranean parking accessed by a car elevator and a valet parking service will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve the existing underutilized parcel of land with a development consistent with the General Plan land use and zoning designations. The project is located in the downtown core area (District 1), which promotes visitor-serving commercial developments. The project has been evaluated for compatibility with the surrounding neighborhood, will be designed on a pedestrian scale and character, and will meet the goals and policies of the General Plan. Additionally, the proposed retail and office use is similar to those existing uses in the vicinity. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. Due to upper story setbacks on the third and fourth floors, the project will be consistent in massing and scale to adjacent commercial and residential uses. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by taking vehicular access from the rear public alley, hence minimizing the visibility of the parking garage entrance. The project complies with retail and office parking requirements and proposes a valet service to operate the proposed mechanical vehicle lifts and car elevator in order to make the required parking spaces accessible at all times. 2. The granting of Conditional Use Permit No. 19-001 for the development to construct a four- story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot and includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration (car lifts) and one level of subterranean parking accessed by a car elevator and a valet parking service will not adversely affect the General Plan. It is consistent with the General Plan Land Use Map designation on the subject property is M-sp (30-50 du/ac) (Mixed-Use - Specific Plan Overlay – 30-50 dwelling units/acre) and the zoning designation is SP5–CZ–District 1 (Downtown Specific Plan – Coastal Zone Overlay – Downtown Core). The proposed project will implement both the General Plan and specific plan designations of the site. The proposed project is consistent with the intent of these designations, and the goals and policies of the City’s General Plan as follows: 745 A. Land Use Element Goal LU-1: New Commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A: Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1B: Ensure new development supports the protection and maintenance of environmental and open spaces resources. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2B: Ensure that new renovated structures and building architecture and site design are context-sensitive, creative, complementary to the city’s beach culture, and compatible with surrounding development and public spaces. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Policy LU-7B: Use street trees, signage, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identify the subareas, neighborhoods, corridors, nodes, and public spaces. Policy LU-8B: Encourage development of underused parcels with a mix of uses and unique architecture. Policy LU-8D: Reinforce the unique Downtown character and visual distinctions, architecture, and streetscape. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11A: Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11B: Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. 746 Policy LU-13A: Encourage the expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. B. Circulation Element Goal CIRC-2D: Allow for shared parking and other creative parking arrangements that optimize available parking areas, and support and collaborate with property owners to manage the available parking supply. Identify rideshare service opportunities that could reduce parking demand, where feasible. The four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot is coordinated and ensures the land use pattern is consistent with the overall goals and needs of the community because the project is compatible with the surrounding area in terms of land use, building scale and character. The proposed project also enhances the visual image of Huntington Beach and the Downtown area because the project proposes a public art component within the public open space area and a contemporary architectural design aligns with the character of the neighborhood and the distinct Surf City identity. In addition, the proposed project will be constructed on a vacant lot, which will promote infill development and encourage a new business to locate within the Downtown area. Furthermore, the project will provide a variety of commercial uses, services, and provide job opportunities for residents and the regional area. Lastly, the project proposes a parking management plan that includes a valet service to manage the use of mechanical vehicle lifts and a car elevator that allows cars to be lowered into a subterranean parking area. The parking management plan and the use of mechanical vehicle lifts and a car elevator offers a creative parking arrangement while meeting the Downtown Specific Plan’s required number of parking spaces. 3. Conditional Use Permit No. 19-001 for the development to construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot and includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration (car lifts) and one level of subterranean parking accessed by a car elevator and a valet parking service complies with all provisions of the Downtown Specific Plan and applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Ordinance. The project complies with the development standards in terms of setbacks, upper story setbacks, building height, public open space, and parking. The project complies with retail and office parking requirements and proposes 34 percent of the required parking in a vert ical tandem configuration (car lifts) which is allowed with the approval of a conditional use permit. CONDITIONS OF APPROVAL – COASTAL DEVELOPMENT PERMIT NO. 19-001/ CONDITIONAL USE PERMIT NO. 19-001: 1. The site plan, floor plans, and elevations received and dated October 14, 2019 shall be the conceptually approved design with the following modifications: a. Ground floor public open space shall include landscaping, decorative lighting, and seating amenities. b. Second floor public open space shall provide seating amenities and landscaping. c. Remove any proposed awnings or canopies that will project over the property line. 747 d. Identify the location and copy of ground floor signage directing the public to the available second floor public open space area. e. Remove the steel channel across the elevator shaft. The entire elevator shaft shall be brick only. f. Prior to the issuance of a building permit, the applicant shall provide the Community Development Department with an updated colors and material board for the smooth stucco, brick color, grout color, and railings as recommended by the Design Review Board. Revised materials and colors shall be reflected on plans. 2. Prior to the issuance of a building permit: a. An application for a Lot Line Adjustment to adjust the underlying lot lines to result in one lot must be approved by the City and recorded with the County Clerk Recorder’s Office. b. The proposed public art shall be submitted to the Community Development Department for review by the Design Review Board and approved by the Community Development Director. 3. The use shall comply with the following: a. The approved use is for ground floor visitor serving commercial uses and a corporate office headquarters on the upper levels. Any proposed change to the approved uses requires review and approval by the Community Development Department to ensure provision of code required parking spaces. b. The corporate office headquarter use shall not include drug abuse or alcohol recovery or treatment centers in any form. Drug abuse centers, general residential alcohol recovery centers, or general residential care or treatment facilities, which may include drop-in or 24-hour residential and/or nonmedical services in a group setting to adults who are recovering from drug and alcohol misuse who need guidance, counseling, or other alcohol or drug recovery services are not permitted. Additionally, any drug abuse or alcohol recovery programs which include daytime stays for prolonged periods of time or meals provided during the course of the client’s stay are not permitted. c. All business operations for the office and retail use shall occur entirely indoors unless approval is obtained by the Community Development Department. 4. The parking management plan (PMP) dated August 2, 2019 shall be the conceptually approved plan with the following modifications: a. The PMP shall be updated to state the valet service shall be made available during all business hours of both the visitor serving commercial and the corporate office headquarters. The valet service shall permanently operate in accordance with the revised parking management plan. b. The floor plans in the PMP shall be replaced with the plans dated October 14, 2019. 748 c. A detailed plan (as described in Condition of Approval No. 5) approved by the Community Development Department that specifies staggered start time of employees shall be included. 5. A detailed plan that demonstrates the staggered start time of employees shall be submitted for the review and approval by the Community Development Department. The plan shall include but is not limited to the day and time for each staggered shift and the number of employees per shift. 6. The valet service shall have two attendants on the ground floor and two attendants on the subterranean level during peak hours of operation for both the office and retail use. 7. At least one valet attendant shall be onsite during all operating hours and until the last vehicle is retrieved. 8. A wired communication system approved by the Fire Department shall be installed within both levels of parking and maintained at all times. Radios used for the valet service operations shall also include approved radio coverage for emergency responders within the building based upon existing coverage levels of the public safety communication systems. 9. The business operator for the office use shall stagger the start time of employees so that multiple employees do not arrive at the same time to ensure queueing does not occur within the public alley. 10. If there is a change in occupancy, a new parking management and valet attendant plan shall be submitted for review and approval by the Community Development Director prior to the issuance of a Certificate of Occupancy. 11. Queueing within the public alley shall not occur at any time. 12. Idling of delivery trucks, loading, and unloading shall occur within designated Downtown loading areas on public streets. Deliveries shall be scheduled to occur during non-peak hours of arrival or departure times to ensure traffic impacts are minimized. Delivery vehicles shall not block the public alley. 13. Prior to the issuance of a building permit, a covenant regarding maintenance of the mechanical parking system to ensure both the vehicle lifts and the vehicle elevator are maintained in operable condition at all times shall be submitted to the Community Development Department and the City Attorney’s Office for review and approval with the following information included: a. The covenant shall reference the approved parking management plan dated August 2, 2019. The parking management plan shall be an addendum to the covenant. b. An onsite generator with sufficient capacity to store and retrieve cars for a minimum of three days shall be provided. c. The mechanical lifts and car elevator shall provide a manual override capability to access or remove cars in the event of a power outage. 749 d. In the event the parking system is inoperable, the operator shall notify the Community Development Department within 24-hours and identify implementation of alternative parking strategies. e. A plan shall be included that addresses the location (e.g., partial onsite, offsite, shared parking agreement, etc.) of where vehicles can park in the event the parking system is inoperable for more than three days. The plan shall be reviewed and approved by the Community Development Director prior to recordation of the covenant. If the parking system cannot be operable within five days, the operator shall submit evidence that the parking issues are actively being resolved on a more permanent basis and the operator shall continue to work with the Community Development Department until the parking system is operable. f. If the building is sold, transferred, or leased, prior to issuance of a new certificate of occupancy, the new occupant or property owner shall submit an updated parking management plan for review and approval by the Community Development Director. g. The covenant shall be recorded with the Orange County Recorder’s Office prior to issuance of the first Certificate of Occupancy. 14. Roof access shall be controlled for the use of employees only during regular business hours (and no later than 10:00 PM). Posting of rules on the roof top area shall include acceptable activities, behaviors, and roof hours. (PD) 15. Surveillance cameras must be installed throughout the building including inside and outside the elevator, both levels of parking, storage room, and roof top area. Cameras must record 24 hours per day and signs must be posted stating there is electronic surveillance. (PD) 16. A Duel Knox Box shall be installed to allow the Fire Department and Police Department access into the parking garage. (PD) 17. Lighting in the storage room within the subterranean level shall be motion-sensor only. (PD) 18. A security window shall be installed on the storage room door for visibility into the room prior to entering. (PD) 19. Storage room door shall open outward with emergency hardware installed for quick exit. (PD) 20. Prior to submittal of building permits, the following shall be completed: zoning entitlement numbers, conditions of approval and code requirements shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 21. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, 750 a copy of the notice and list of recipients shall be submitted to the Community Development Department. 22. CDP 19-001 and CUP 19-001 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 23. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. OTHER REQUIREMENTS 1. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 2. The final building permit(s) cannot be approved until the following have been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 3. Incorporating sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems http://www.builditgreen.org/green-building-guidelines- rating). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 751 VICINITY MAP COASTAL DEVELOPMENT PERMIT NO. 19-001/CONDITIONAL USE PERMIT NO. 19-001 3rd STREET COMMERCIAL BUILDING 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 City of Huntington Beach File #:19-1090 MEETING DATE:11/12/2019 PLANNING COMMISSION STAFF REPORT TO:Planning Commission FROM:Ursula Luna-Reynosa, Community Development Director BY:Jessica Bui, Associate Planner SUBJECT: COASTAL DEVELOPMENT PERMIT NO. 19-001/CONDITIONAL USE PERMIT NO. 19-001 (3 RD STREET COMMERCIAL BUILDING) (CONTINUED FROM THE OCTOBER 22, 2019 MEETING WITH THE PUBLIC HEARING OPEN) REQUEST: To construct a four-story building with approximately 1,660 sq. ft. of retail on the ground floor and 18,000 sq. ft. of office above with an accessible roof top deck on an 8,475 sq. ft. vacant lot. The project includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration (car lifts) and one level of subterranean parking accessed by a car elevator and a valet parking service. LOCATION: 321 3rd Street, 92648 (north side of 3rd St. between Orange Ave. and Olive Ave.) APPLICANT: Jeff Bergsma, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER/ BUSINESS OWNER: Justin Helwig, WBJH Properties, 1112 Park Street, Huntington Beach, CA 92648 STATEMENT OF ISSUE: 1. Is the project proposal consistent with the City of Huntington Beach’s adopted land use regulations (i.e. General Plan, Zoning Map and Zoning Code including the Downtown Specific Plan)? 2. Does the project satisfy all the findings required for approval of a Coastal Development Permit and Conditional Use Permit? 3. Has the environmental analysis adequately identified all environmental impacts with City of Huntington Beach Printed on 11/7/2019Page 1 of 10 powered by Legistar™768 File #:19-1090 MEETING DATE:11/12/2019 appropriate mitigation? ACTIONS: The Planning Commission may take one of the following actions: A) Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457 and approve Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 with suggested findings and conditions of approval. (Attachment No. 1). B) Continue the public hearing for Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 and direct staff to return with findings for denial. C) Continue the public hearing for Coastal Development Permit No. 19-001 and Conditional Use Permit No. 19-001 and direct staff accordingly. PROJECT PROPOSAL: Background: The applicant requested to continue this project from the regular meeting on October 22, 2019 to the November 12, 2019 meeting. At the October 22, 2019 meeting, the chair opened the public hearing and the Planning Commission confirmed the continuance to the next meeting with the public hearing open. The project site is a vacant .19-acre site located in District 1 of the Downtown Specific Plan (SP 5). The project proposes to construct a four-story building with 1,660 sq. ft. of retail on the ground floor, 18,000 sq. ft. of office on the three floors above and a roof top deck. The project also proposes an alternative parking design, which includes one level of parking at the ground floor with 34 percent of the required parking in a vertical tandem configuration with mechanical car lifts and one level of subterranean parking that is accessed by a car elevator. The proposed building will be the headquarters for a local office business with a small-scale retail use at the ground floor. Coastal Development Permit: to construct an approximately 19,660 sq. ft. building with 1,660 sq. ft. of retail on the ground floor, 18,000 sq. ft. of office above, and a roof top deck on an 8,475 sq. ft. vacant lot in the Coastal Zone. Conditional Use Permit: to permit 34 percent of required on-site commercial parking as vertical tandem parking with a parking management plan for valet services. Study Session: The Planning Commission held a Study Session on October 8, 2019 and discussed many topics including hours of operation, valet service operations, a covenant and agreement regarding maintenance of the parking system, and Design Review Board action. Please see the “Zoning Compliance” section of this staff report for more information. City of Huntington Beach Printed on 11/7/2019Page 2 of 10 powered by Legistar™769 File #:19-1090 MEETING DATE:11/12/2019 ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property:M - sp (Mixed Use - Specific Plan Overlay) SP 5 (Downtown Specific Plan) Vacant North, East, and West of Subject Property: M - sp (Mixed Use - Specific Plan Overlay) SP 5 (Downtown Specific Plan) Commercial South of Subject Property: M - sp (Mixed Use - Specific Plan Overlay) SP 5 (Downtown Specific Plan) Single Family Residential General Plan Conformance: The General Plan Land Use Map designation on the property is Mixed Use - Specific Plan Overlay. The proposed project is consistent with this designation and the goals and policies of the City’s General Plan as follows: A.Land Use Element Goal LU-1: New Commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A:Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1B:Ensure new development supports the protection and maintenance of environmental and open spaces resources. Policy LU-1C:Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D:Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2B: Ensure that new renovated structures and building architecture and site design are context-sensitive, creative, complementary to the city’s beach culture, and compatible with surrounding development and public spaces. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Policy LU-7B: Use street trees, signage, landscaping, street furniture, public art, and other aesthetic elements to enhance the appearance and identify the subareas, neighborhoods, corridors, nodes, and public spaces. Policy LU-8B: Encourage development of underused parcels with a mix of uses and unique City of Huntington Beach Printed on 11/7/2019Page 3 of 10 powered by Legistar™770 File #:19-1090 MEETING DATE:11/12/2019 Policy LU-8B: Encourage development of underused parcels with a mix of uses and unique architecture. Policy LU-8D: Reinforce the unique Downtown character and visual distinctions, architecture, and streetscape. Goal LU-11: Commercial land uses provide goods and services to meet regional and local needs. Policy LU-11A: Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets resident needs and increases the capture of sales tax revenues. Policy LU-11B: Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-13: The city provides opportunities for new businesses and employees to ensure a high quality of life and thriving industry. Policy LU-13A: Encourage the expansion of the range of goods and services provided to accommodate the needs of all residents and the market area. B.Circulation Element Goal CIRC-2D: Allow for shared parking and other creative parking arrangements that optimize available parking areas, and support and collaborate with property owners to manage the available parking supply. Identify rideshare service opportunities that could reduce parking demand, where feasible. The development project is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community in that the mixed use building complements the surrounding area in terms of land use, building scale and character. The proposed project also enhances the visual image of the Downtown area because a public art component is proposed within the public open space area and the contemporary architectural design aligns with the character of the neighborhood and the distinct Surf City identity because it complements recent developments in the area such as Pacific City. In addition, the proposed project will be constructed on a vacant lot, which will promote infill development and encourage a new office business to locate within the Downtown area which will provide day-time population to patronize local restaurants and retail establishments. Furthermore, the project will provide office and retail commercial uses to provide job opportunities for residents and the regional area. Lastly, the project proposes a parking management plan that includes a valet service to manage the use of mechanical vehicle lifts and a car elevator to transfer vehicles into a subterranean parking area. The parking management plan and the use of mechanical vehicle lifts and a car elevator offers a creative parking arrangement while meeting the Downtown Specific Plan’s required number of parking spaces. Zoning Compliance: The proposed project is located within District 1 of the Downtown Specific Plan (SP5) and complies with the development standards within District 1. The intent of District 1 is to promote visitor-serving mixed-use commercial and office uses. The purpose of the district is to establish the area as theCity of Huntington Beach Printed on 11/7/2019Page 4 of 10 powered by Legistar™771 File #:19-1090 MEETING DATE:11/12/2019 mixed-use commercial and office uses. The purpose of the district is to establish the area as the downtown core with the highest intensity of development concentrated within the District 1 area emphasizing visitor-serving and coastal-related commercial uses. Land Use Compatibility The project is compatible with the existing and anticipated land uses in the surrounding area. The properties to the north, east, and west are one- and two-story commercial buildings with retail and office uses. To the south of the site are newly constructed, three-story single-family residences approximately 60 ft. away from the project site boundary. SP5 anticipated commercial and offices uses to be established in this area; and therefore, should not significantly impact the residences. Visitor-Serving Requirements District 1 of SP5 requires that visitor-serving uses be provided for all ground floor square footage. Visitor-serving uses are typically commercial uses such as food service, hotels, motels, retail sales, cultural uses, and amusement areas for tourists. The proposed project complies with this requirement and provides approximately 1,660 sq. ft. of retail space. The ground floor retail space creates a connection to the pedestrian environment. Based on the parking provided, the retail space can accommodate an eating and drinking establishment with less than 12 seats or a general retail sales use. Development Standards The proposed project complies with all development standards within District 1 of SP5 such as minimum parcel size, building height, upper story setback; front, side, and rear setbacks, and public open space requirements. The applicant is not requesting any deviations or waivers of development standards. Access and Parking Access to the parking area is taken from the public alley from either Orange Avenue or Olive Avenue. The proposed project requires 41 parking spaces and provides for 41 spaces within two levels of parking. The retail component requires one parking space per 1,000 sq. ft. and the office use requires two spaces per 1,000 sq. ft. as shown in the breakdown below: Retail = 1,660 sq. ft./1,000 * 3 = 4.98 Office = 18,000 sq. ft./1000 * 2 = 361 TOTAL SPACES REQUIRED = 41 SPACES TOTAL SPACES PROVIDED = 41 SPACES (With vertical lifts and vehicle elevator) The Downtown Specific Plan (SP 5) allows for a maximum of 40 percent of required parking for commercial uses to be provided as tandem parking with the approval of a conditional use permit. Additionally, in developments where 100 percent of the required parking is provided onsite, the Planning Commission may still impose parking strategies, such as valet service, to avoid impacts to public access and parking. In this case, the applicant submitted a parking management plan (Attachment No. 4) to demonstrate how valet attendants will provide retail customers and office tenants with access to parking through the vehicle lifts and car elevator. The parking design includes parking at the ground floor with seven standard stalls and 14 spaces in a vertical tandem configuration (34 percent of required parking). The vertical tandem spaces are operated with a mechanical lift where the lift is lowered to the ground and a vehicle is driven onto the lift and raised to allow another vehicle to park below. The parking layout also includes a subterraneanCity of Huntington Beach Printed on 11/7/2019Page 5 of 10 powered by Legistar™772 File #:19-1090 MEETING DATE:11/12/2019 lift and raised to allow another vehicle to park below. The parking layout also includes a subterranean level that is accessed by a car elevator located within the ground floor parking lot. The car elevator allows for one car to be lowered into the subterranean level at a time. The subterranean level has 20 standard stalls and bicycle storage. The applicant proposes a valet service that will be available during all office and retail operating hours. The valet service includes two attendants on the ground floor and two attendants on the subterranean level. Each attendant will be equipped with radios to communicate to each other to operate the service. Upon entering the parking lot, an attendant will park a vehicle on one of the mechanical lifts and then raise the lift to expose the lower space for another vehicle to park. Once all ground floor parking spaces are filled, vehicles will be placed on the car elevator and lowered to the subterranean floor where the two attendants will park them in available spaces. During a peak arrival time, one attendant from the subterranean level will come up to the ground floor and bring any queuing vehicles into the car elevator to send them to the subterranean level to provide relief for the upper level operation and to minimize queuing into the alley. The parking management plan states it takes approximately three minutes and 20 seconds to utilize the car elevator method and approximately one minute and 45 seconds for the mechanical lifts. The retrieval of vehicles is similar in time. If a vehicle is within the subterranean parking level, an attendant on the ground floor will radio an attendant below to retrieve the vehicle and send it up the car elevator. When a vehicle is on a lift, one attendant will move the vehicle parked below while another attendant will lower the claimed vehicle. In addition, as spaces open up at the end of the day, vehicles will be moved into easily accessible spaces to ensure vehicle retrieval is expedited. A survey of other cities that allow for alternative parking designs similar to the proposed project also require a covenant and agreement regarding maintenance of the mechanical parking system to ensure the parking system is maintained in operable condition at all times. Furthermore, the covenant requires the automated parking systems be equipped with an onsite generator with sufficient capacity to store and retrieve cars when the power is down. Mechanical lifts must provide manual override capability to access or remove cars from the parking lift in the event of a power outage; and if the facility is inoperable for more than three days, what the operator’s plan would be to accommodate the parking of vehicles until the system is fully operational. To ensure availability of code required parking at all times, staff recommends a condition of approval for a recorded covenant to permanently implement and maintain the parking management plan and mechanical parking system as described. The covenant as well as the conditions of approval will also include specific instructions such as requiring the operator to notify the Community Development Department within 24-hours of any failure of the mechanical system in order for the Department to monitor the situation and enforce an alternative parking plan as necessary. The covenant and the conditions of approval shall state the parking system shall not be inoperable for more than five days. However, in the event the issues cannot be resolved within five days, the operator must submit evidence that the parking issues are being actively addressed for resolution and the operator shall continue to work with the Department to employ alternative parking strategies until the parking system is operable. Queueing and Loading Queueing of vehicles cannot occur within the adjacent public alley right-of-way. The Huntington Beach Zoning and Subdivision Ordinance (HBZSO) addresses queueing for uses such as drive through services and specifies a number of spaces for the stacking of vehicles in a manner that would not impede traffic in the adjacent area. For instance, a drive through restaurant requires queueCity of Huntington Beach Printed on 11/7/2019Page 6 of 10 powered by Legistar™773 File #:19-1090 MEETING DATE:11/12/2019 would not impede traffic in the adjacent area. For instance, a drive through restaurant requires queue space for five cars per service window to ensure that vehicles do not spill over onto an adjacent property or within the public right-of-way. In addition, when barriers or gates are proposed at property entrances, the HBZSO requires a minimum 20 ft. setback so that vehicles waiting to enter a site do not block or impede traffic flow on the adjacent street system. In other cities that allow for this type of alternative, space-efficient parking design, a queueing area is also required. For example, the City of Santa Monica requires that off-street queueing space at the entrance of the parking garage be provided at a minimum rate of five percent of the total parking spaces. A challenge is that the HBZSO does not explicitly address this alternative parking system and therefore does not specify a specific queueing area requirement for this design. The applicant has not proposed any queueing areas onsite; and instead, is proposing to stagger the start time of the office employees. Because the office use is a headquarters for one business, staggering of the start times is feasible. Based on the applicant’s narrative (Attachment No. 3), the proposed hours of operation of the retail and office use is 7:00am to 7:00pm and a condition of approval is recommended to require the valet service during all hours of operation and until the last vehicle is retrieved from the parking garage. However, in the event the building is sold to a new property owner and/or leased out to multiple tenants, staff recommends a condition of approval requiring the property owner to submit an updated parking management plan for review and approval by the Community Development Director prior to the issuance of a Certificate of Occupancy to another occupant. In addition, to ensure the proposed parking design is easy to use for a mix of uses, i.e., long-term users such as office employees and short-term retail customers with a higher turnover rate, the retail customers will be kept off the lifts and parked in the standard ground floor stalls to expedite their departure. Lastly, to address potential impacts from truck deliveries or loading and unloading, a condition of approval is recommended to require that truck deliveries, or loading and unloading shall occur offsite in the designated loading areas on public streets, and will occur outside of peak arrival and departure times to ensure traffic impacts within the alley are minimized. Public Open Space Public open space is required for this project and must provide a minimum of five percent of the gross site area. Based on the size of the lot, the project must provide 424 sq. ft. of public open space. Twenty-five percent of the required public open space may be provided above the street level; however, the above street level public open space must be readily visible and obviously accessible to the general public with adequate public access signage. Public open space areas must provide for landscaping, seating amenities, decorative lighting, planters, fountains or water features, distinctive paving, decorative tiles, public art, or bicycle racks. The project provides for approximately 406 sq. ft. of public open space with landscaping amenities at the ground floor, adjacent to the entry of the building and 108 sq. ft. above the street level, located at the landing of the staircase on the second floor. The applicant is proposing a public art component at the second floor public open space area with some seating amenities. In order to comply with the intent of the public open space requirement, staff recommends a condition of approval that the public art component is relocated to the street level with seating amenities and decorative lighting in order to meet the intent of District 1, which is to create an active pedestrian environment. The second floor public open space area should provide seating amenities and landscaping that could serve as additional viewing area for the public art component. City of Huntington Beach Printed on 11/7/2019Page 7 of 10 powered by Legistar™774 File #:19-1090 MEETING DATE:11/12/2019 Urban Design Guidelines Conformance: The Downtown Specific Plan Design Guidelines provide the minimum qualitative design expectations for the downtown area. All development is required to comply with the spirit and intent of the design guidelines. Building forms and facades influence cohesiveness, comfort, and aesthetic pride and at the same time promote general pedestrian activity, encourage shopping, and an increased sense of security. Where commercial buildings are neighbors to residential buildings or where infill buildings are being constructed, consideration of scale, detail, and materials is very important. The massing and scale of structures should remain in harmony with the surrounding natural setting and existing structures. The proposed building creates a contrast with the surrounding buildings by providing a more contemporary architectural theme that includes a flat roof, a tower element with the elevator shaft along the street front, large window glazing systems, and metal awnings. The building incorporates architectural design principles such as orienting the building to the pedestrian environment with primarily glass storefronts to provide the human scale element that separates the first floor of retail with the office space above. Building volumes are articulated with the elevator shaft which provides variation in wall planes to reduce the massing. The building complies with the requirement of a minimum of an average of 10 ft. for an upper story setback from the front façade at the third and fourth floors, which further reduces the mass, and bulk of the building along the street front. The building façade also incorporates a variety of building materials to provide visual interest, especially along the street front and includes smooth stucco, brick material, metal awning elements, and metal railings. The street front also includes a public open space area that will be landscaped; and as conditioned, will provide a public art component, and will enhance the aesthetics at the pedestrian level and activate a space for public use. Overall, the building form, height, materials, and architectural design is consistent with the SP5 Design Guidelines and the vision of the Specific Plan. Environmental Status: The proposed project is covered by the Downtown Specific Plan Final Environmental Impact Report No. 08-1, which was adopted by the City of Huntington Beach on January 19, 2010. The request to construct approximately 19,660 sq. ft. building with 1,660 sq. ft. of retail on the ground floor, 18,000 sq. ft. of office above, and a roof top deck on a 8,475 sq. ft. vacant lot is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 08-1. The project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for projects in conformity with that specific plan. The project is consistent with the Downtown Specific Plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Downtown Specific Plan project (EIR No. 08-1) and the project is conditioned to comply with all applicable EIR No. 08-1 mitigation measures. In light of the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. Coastal Status: The project is located within the non-appealable portion of the Coastal Zone. CDP 19-001 is being processed pursuant to Chapter 245 of the HBZSO. The proposed project complies with the zoning code and Coastal Zone requirements and will implement the Coastal Element objective and policies City of Huntington Beach Printed on 11/7/2019Page 8 of 10 powered by Legistar™775 File #:19-1090 MEETING DATE:11/12/2019 as outlined in the General Plan Conformance section of this report. Design Review Board: The Design Review Board (DRB) reviewed the proposed design, colors, and materials for the project on September 12, 2019 and recommended approval with conditions to the Planning Commission (Attachment No. 6). The conditions include 1) provide brick on the elevator shaft with a less varied color; 2) provide brick from the ground floor to the second floor windowsill; and 3) provide a lighter shade of stucco on the third and fourth floors that matches the grout in the brick element. In addition, an updated color and materials board must be submitted for review and approval by the Community Development Department. The applicant has already implemented all three of the Design Review Board’s recommendations. Along with the DRB’s recommended revisions, the applicant added a new horizontal steel element that spans across the elevator shaft in one location. Staff is recommending removal of the horizontal steel because it breaks up the vertical element of the elevator feature. The elevator shaft should be one, continuous vertical element for cohesiveness, to create variation in the wall planes, and to provide visual interest along the street front. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Building Division, the Departments of Public Works, Fire and Police, and the Office of Business Development, have reviewed the proposed development project. Recommended conditions are incorporated into the suggested conditions of approval and code requirements have also been identified (Attachment No. 7). Public Notification: Legal notice was published in the Huntington Beach Wave on October 10, 2019, and notices were sent to property owners and record of occupants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department’s Notification Matrix), and applicant. Written communications received prior to the October 22, 2019 Planning Commission meeting will be forwarded to the Planning Commission for consideration. Application Processing Dates: DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S): August 28, 2019 November 26, 2019 SUMMARY: - Consistent with the M-sp (Mixed Use - Specific Plan Overlay) Land Use Designation of the General Plan and the SP5 - Downtown Specific Plan zoning designation. - Implements the objectives of SP5 to create an economically vibrant, pedestrian oriented destination. - Consistent with SP5 development standards and compatible with the surrounding and anticipated land uses. - Creates an environment that supports pedestrian and bicycle activity and increases visitor- serving uses. - The project meets the requirements of the Local Coastal Program. - The project will enhance the local economy, provide additional revenue to the City, create jobs, City of Huntington Beach Printed on 11/7/2019Page 9 of 10 powered by Legistar™776 File #:19-1090 MEETING DATE:11/12/2019 and provide an additional visitor-serving use in District 1 of SP5. ATTACHMENTS: 1.Suggested Findings and Conditions of Approval 2. Vicinity Map 3. Project Narrative Received and Dated April 3, 2019 4. Site Plans, Floor Plans, and Elevations Received October 14, 2019 5. Parking Management Plan Received and Dated August 2, 2019 6. Design Review Board Notice of Action Dated September 12, 2019 7. Code Requirements Letter Dated October 9, 2019 City of Huntington Beach Printed on 11/7/2019Page 10 of 10 powered by Legistar™777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 City of Huntington Beach File #:19-1289 MEETING DATE:1/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve for introduction Ordinance No. 4202, which amends Chapter 13.54 of the Huntington Beach Municipal Code regarding specific events to prohibit weapons at parades and protests Statement of Issue: There have been an increasing number of demonstrations, protests, rallies, and other public assemblies that have drawn local, state and national attention to a variety of emotionally charged topics. Orange County and Huntington Beach have had several of these type events. The climate and opportunity for citizens to exercise their freedom of speech, coupled with the use of social media, has led to a surge of public opinion and negative dialogue between groups which has on occasion led to violence. The utmost priority of the City of Huntington Beach is to respect the rights of protestors and attendees of public gatherings to ensure they are afforded the same safety and security protections. We also must protect citizens, protestors, and public safety professionals and take measures to protect public and private property from damage. Groups and individuals attending or participating in these events in public places have been known to bring with them weapons and/or items or articles that are generally considered as reasonably capable of being used as weapons to commit unlawful and/or violent acts during the event, posing serious threats to life, safety and property. Financial Impact: There is no known financial impact at this time. Recommended Action: Approve for introduction Ordinance No. 4202, “An Ordinance of the City of Huntington Beach Amending Chapter 13.54 Regarding Specific Events to Prohibit Weapons at Parades and Protests.” Alternative Action(s): Do not approve the proposed Ordinance and direct staff accordingly. City of Huntington Beach Printed on 1/15/2020Page 1 of 2 powered by Legistar™792 File #:19-1289 MEETING DATE:1/21/2020 Analysis: A primary mission of the City is to preserve public safety, protect public and private property, and to prevent damage to City facilities while fairly balancing the rights of free speech and peaceful assembly during demonstrations, rallies and protests on public property. It is imperative that individuals engaging in peaceful expressive public activity, and law enforcement personnel dedicated to protecting such activity, be allowed to do so without facing unnecessary risks or suffering injury. Recent history has shown various improvised items have been used to injure attendees and harm or incapacitate law enforcement officers, including wood and metal pipes, poles, bats, chains, projectiles, glass bottles or containers filled with harmful substances, and aerosol sprays to cause flames or attack olfactory systems. The proposed amendment to Chapter 13.54 of the Municipal Code seeks to balance the public interests, protect property, and safety concerns while safeguarding the rights of persons to freedom of speech and peaceful assembly while on public property. This section would be applicable at specific and spontaneous events and would prohibit the carrying of specified items or articles while attending or participating in the event. It establishes application guidelines, permit processes and timelines, and provides criteria, which regulates the size, type, and nature of signage, flags, banners and/or other visual aids that would be utilized during the event. If passed, educational efforts would be conducted to ensure event planners were aware of the regulations and they will have adequate time to plan accordingly. Violations of this chapter are a misdemeanor punishable by a fine of $1,000.00 or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Proposed Ordinance No. 4202, including legislative draft amending HBMC Chapter 13.54 regarding specific events to prohibit weapons at parades and protests. City of Huntington Beach Printed on 1/15/2020Page 2 of 2 powered by Legistar™793 794 795 796 797 798 799 800