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)
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)
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)