As used in this chapter:
means the property owner, landowner or duly designated agent
thereof, that applies for a permit or other entitlement for a new
development permit.
shall mean shared living quarters with two or more dwelling
units on a site, without separate kitchen or bathroom facilities for
each room or unit. This classification includes boarding houses.
means the City permit required for new building construction and/or additions which add square footage pursuant to Title 17 of this Code. Neither a grading permit, nor a foundation permit shall be considered a building permit for purposes of this chapter.
means the point in time at which the City calculates the
development impact fee(s) to be paid by the applicant. Calculation
will generally occur at the time of issuance of the applicable building
permit or construction approval for a residential or commercial/industrial
development or mobile home pad but may occur earlier in the development
approval process.
may mean the Police Chief or Fire Chief.
shall mean the City of Huntington Beach.
means the City Manager or his/her designee of the City of
Huntington Beach.
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 mobile home
pad or pads, collection will occur at or on the date of construction
approval is issued.
shall mean books, magazines, DVDs, compact disks, computer
programs, digital resources and other reference and circulation materials.
shall mean the construction of new floor area on a lot in
any of the nonresidential zoning districts of the City.
shall mean facilities dedicated for community use for social,
community and educational groups.
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.
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 parkland. Development also includes
the approval and construction of new mobile home pads in existing
or new mobile home parks or sites, but not including the following
so long as no additional dwelling units or gross floor area is added:
A permit to operate;
A permit for the internal alteration, remodeling, rehabilitation,
or other improvements or modifications to an existing structure;
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;
Parking facilities; or
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, 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.
means any residential, commercial or industrial development
project, and 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.
may mean the Director of Community Services, Director of
Library Services, Director of Planning and Building, or Director of
Public Works.
is as defined in Section 203.06 of the Huntington Beach Zoning
and Subdivision Ordinance ("ZSO").
means and refers to the City resolution specifying the development
impact fee(s) per dwelling unit or mobile home pad for residential
development and per gross square foot of floor area for nonresidential
development, by type and by location.
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.
shall mean the area of all floors and levels as defined in
the ZSO.
shall mean publicly owned buildings and structures used for
the purposes of conducting City, county, state or federal government
business. Such facilities shall include, but not be limited to, City
halls, police and fire stations, offices, equipment yards, sanitation
facilities, schools, recreation centers, and similar facilities. Private
commercial development projects leasing publicly owned land shall
not be considered government or public facilities.
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.
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.
shall mean library building space and library materials,
which are owned and operated by the City of Huntington Beach.
shall mean books, magazines, DVDs, compact disks, computer
programs, digital resources and other reference and circulation materials.
shall mean the report prepared for the City entitled Development
Impact Fee Master Facilities Plan, prepared by Revenue & Costs
Specialists, LLC, dated October 2011.
shall mean a structure transportable in sections which is
a minimum of eight 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.
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.
shall mean the Planning and Building Director of the City
of Huntington Beach or his/her designee.
shall mean the Planning Department of the City of Huntington
Beach.
means the Police Department of the City of Huntington Beach.
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 mobile home pad or pads.
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 50% of the existing floor area, as determined by the Director
of Planning and Building.
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.
shall mean the City's system of streets, roads and intersections
traversed by automobiles and other vehicles.
shall mean the number of vehicle trips multiplied by the
average trip length for a specified use as identified in the Fee Calculation
Report.
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 document does not
provide a reasonable representation of vehicle trips for a specific
use, special studies or alternative reference documents may be used.
(Res. No. 2012-23, 3947-8/12)
A.
An
applicant for a new development project subject to a fee required
by this title 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:
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:
1.
Thirty
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.
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.
(Res. No. 2012-23, 3947-8/12)
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 within 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 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 mobile home 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.
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
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 10 days of the City Manager's or his/her
designee's decision.
(Res. No. 2012-23, 3947-8/12)
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 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 90 days after the hearing on appeal regarding the imposition of development impact fee(s) upon the development.
(Res. No. 2012-23, 3947-8/12)
