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.
G. 
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.
H. 
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, 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.
(Res. No. 2012-23, 3946-8/12)
A. 
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.
B. 
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 community 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.
C. 
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, 3946-8/12)
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 parkland 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.
(Res. No. 2012-23, 3946-8/12)
A. 
Any person who, 60 days after the effective date of the ordinance codified in this chapter, seeks to engage in nonsubdivided 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.
(Res. No. 2012-23, 3946-8/12)
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 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 two 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.
(Res. No. 2012-23, 3946-8/12)
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, 3946-8/12)
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.
(Res. No. 2012-23, 3946-8/12)
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 nonresidential as set forth in the Nexus Report). Two percent of fee collected shall be used to fund public art in City parks;
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. 
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.
(Res. No. 2012-23, 3946-8/12)
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 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 20% 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 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, 3946-8/12)
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 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 unit per lot) on an existing lot of record, 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 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) 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, 3946-8/12)
A. 
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.
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, 3946-8/12)
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 acquisition, relocation and expansion of parkland and park facilities development impacts of new development.
(Res. No. 2012-23, 3946-8/12)
A. 
Within 180 days after the last day of each fiscal year, the Assistant 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.
(Res. No. 2012-23, 3946-8/12)
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, 3946-8/12)
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, 3946-8/12)
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, 3946-8/12)