A. 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.
B. 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.
C. 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 Report.
D. 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.
(Res. No. 2012-23, 3945-8/12)
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.
E. The
fees collected pursuant to this chapter shall be used to finance the
expansion of library facilities and collections identified herein
in furtherance of the City's General Plan, as well as the Master Facilities
Plan which is a part of the Nexus Report and the City of Huntington
Beach Capital Improvement Plan.
F. A detailed
study of the impacts of future residential construction in the City,
along with an analysis of the need for the expansion of library facilities
and collections 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 expansion of library facilities and collections
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 collections
or portion thereof attributable to the development on which the fee
is imposed.
(Res. No. 2012-23, 3945-8/12)
Shall be as set forth in Chapter
17.73 of this Code.
(Res. No. 2012-23, 3945-8/12)
There is imposed a Library Development Impact Fee on all new
nonsubdivided residential and nonresidential development in the City.
(Res. No. 2012-23, 3945-8/12)
A Library Development Impact Fee fund is established. The Library
Development Impact Fee fund is a fund to be utilized for payment of
the actual or estimated costs of library services and collections
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 construction.
(Res. No. 2012-23, 3945-8/12)
A. Any
person who, 60 days after the effective date of this Development Impact
Fee Ordinance, seeks to engage in nonsubdivided residential or nonresidential
development including mobile home development by obtaining a building
permit or other discretionary approval is required to pay a Library
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, final
building permit approval or construction approval for a mobile home
pad or pads, as applicable, for the activities listed in this chapter,
shall be issued unless and until the Library Development Impact Fee
required by this chapter has been paid to the City.
(Res. No. 2012-23, 3945-8/12)
A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or mobile home 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 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 mobile home on a lot or other such
site when a Library Development Impact Fee for such mobile home site
has previously been paid pursuant to this chapter, or where a mobile
home 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 unit per lot) on an existing lot of record, or the replacement
of one mobile home with another on the same pad, or the moving and
relocation of a single-family home from one 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 unit per lot, nor
to the replacement of a single-family dwelling with more than one
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 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 ensure 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) and/or 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.
(Res. No. 2012-23, 3945-8/12)
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 mobile home pads in a mobile home 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 or more nonresidential principal uses, and multiplying the same
by the Library 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.
(Res. No. 2012-23, 3945-8/12)
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 mobile home 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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)
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 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 20% 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 Section
17.73.030, Appeals. An application for a refund pursuant to this section MUST be filed within 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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)
Shall be as set forth in Chapter
17.73 of this Code.
(Res. No. 2012-23, 3945-8/12)
Shall be as set forth in Chapter
17.73 of this Code.
(Res. No. 2012-23, 3945-8/12)
A. 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.
B. 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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)
A. Within
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
4. 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 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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)
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.
(Res. No. 2012-23, 3945-8/12)