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HomeMy WebLinkAbout23 - Annual Reporting on Development Impact Fees and Development AgreementsQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 16, 2021 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Scott Catlett, Finance Director — 949-644-3123, scatlett@newportbeachca.gov PREPARED BY: Trevor Power, Accounting Manager, tpower@newportbeachca.gov PHONE: 949-644-3125 TITLE: Annual Reporting on Development Impact Fees and Development Agreements ABSTRACT: Pursuant to the Mitigation Fee Act (Government Code Section 66000, et seq.), the City of Newport Beach (City) is required to report on the receipt and use of development impact fees. Regarding Development Agreements (Government Code Section 65865(e)), the City is required to comply with the reporting requirements in Government Code Section 66006 with respect to any fee the City receives or cost it recovers. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive, review and file the Annual Reports on Development Impact Fees (Attachment A) and Development Agreements (Attachment B). DISCUSSION: The Mitigation Fee Act (Act) requires each agency that imposes development impact fees to submit annual and five-year reports providing specific information about the receipt and use of such fees. Fees collected must be placed in separate accounts and not commingled with other sources of general revenues. Interest on each account must be credited to that account and used only for the purpose for which the fees were collected. 23-1 Annual Reporting on Development Impact Fees and Development Agreements November 16, 2021 Page 2 The Act also requires that the City make periodic findings in order to justify continued receipt of unexpended funds, or possibly be subject to refunding a portion of such funds. Although the Act does not apply to Development Agreements, the reporting requirements on both the Development Impact Fees and Development Agreements are the same and fall under Government Code Section 66006. Section 66006(b) of the Act requires that within 180 days after the close of the fiscal year, the City must make available to the public a brief description of the fee, amount of the fee, beginning and ending balances of the account or fund for the fiscal year, and amount of fees collected and the interest earned. The Act also requires identification of each public improvement on which the fees were expended and the amount of the expenditures on each improvement, an approximate date by which the construction of the public improvement will commence, a description of each inter -fund transfer or loan made from the account or fund, and the amount of any refunds made due to the inability to expend impact fees. Section 66001(d) provides that, for the fifth fiscal year following the first deposit into the account or fund and every five years thereafter, the City shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. These findings must identify the purpose to which the fee is to be put, demonstrate a reasonable relationship between the fee and the purpose for which it is charged, identify all sources and amounts of funding anticipated to be utilized to complete incomplete improvements, and designate the approximate dates on which the anticipated funding is expected to be received. The only fees collected by the City that are subject to the Act are the Fair Share Fees collected from developers for transportation improvements, which are an Orange County Transportation Authority requirement to participate in the Measure M2 funding program. Relative to these fees, the City is in conformance with the Act and is not subject to any refunding requirements. Regarding Development Agreements, the City has three reportable Development Agreements, the Uptown Newport Development Agreement, the Vivante Senior Housing Development Agreement, and the Newport Airport Village Development Agreement. The first deposit for the Uptown Newport Development Agreement was received during Fiscal Year 2016-17, while the first deposits for the Vivante Senior Housing Development Agreement and the Newport Airport Village Development Agreement were received during Fiscal Year 2020-21. As a result, the City has nothing to report under the five-year reporting requirement. Attachments A and B provide additional narrative and all the required information related to the annual review and accounting of applicable development impact fees and Development Agreements, as well as periodic findings concerning unexpended funds. FISCAL IMPACT: There is no direct fiscal impact related to this item. Compliance with the Act is required to avoid the possibility of a requirement to refund fees paid by developers. 23-2 Annual Reporting on Development Impact Fees and Development Agreements November 16, 2021 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — City of Newport Beach 2020-2021 Attachment B — City of Newport Beach 2020-2021 Development Impact Fee Report Fiscal Year Development Agreements Report Fiscal Year 23-3 ATTACHMENT A City of Newport Beach Development Impact Fee Report Fiscal Year 2020-2021 23-4 City of Newport Beach Development Impact Fee Report Fiscal Year 2020-21 Background The City's Fair Share Fee program was originally adopted in 1984, updated in 1994 and adjusted periodically based upon the consumer price index. The purpose of the Fair Share Fee program is to equitably distribute the cost of traffic congestion reduction improvements to the future development that generates the need for such projects. The fair share traffic contribution is based upon the unfunded portion of the estimated construction cost of the total circulation system roadway improvements necessary to implement the master plan of streets and highways (net roadway costs), and the total number of vehicle trips anticipated as a result of trend growth. The Mitigation Fee Act, Government Code §66000 et seq., (the "Act"), the bulk of which were adopted as 1987's AB 1600, contains what are commonly referred to as "AB 1600 requirements". The Act governs the establishment and administration of development impact fees paid by new development projects for public facilities needed to serve new development. Fees must be separately accounted for and used for the specific purpose for which the fee was imposed. Annual Reporting The Act requires that the City prepare an annual report detailing the status of collected development impact fees as defined in the Act. The annual report must be made available to the public and presented to the City Council not less than fifteen (15) days after it is made available to the public at the next regularly scheduled City Council meeting. The meeting before the City Council must be held within one hundred eighty (180) days of the end of the fiscal year. The report must include the type of fee, beginning and ending balances, the amount of fees collected and interest earned, expenditures by type, a description of interfund transfers or loans, and the amount of any refunds made. The Act also requires that in the fifth fiscal year following the first receipt of a development impact fee and at least every five years thereafter the City must make certain findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. These findings must identify the purpose to which the fee is to be put, demonstrate a reasonable relationship between the fee and the purpose for which it is charged, identify all sources and amounts of funding anticipated to be utilized to complete incomplete improvements, and provide the approximate dates on which the anticipated funding is expected to be received. 1 23-5 Excluded from this report are types of developer fees that are not subject to the reporting requirements of the Act. For example, fees collected pursuant to the City's zoning powers, rather than pursuant to the Act, are in -lieu housing fees, and park -in -lieu fees. Annual Report To comply with Government Code §66006, the following information regarding AB 1600 fees is presented: 1) A brief description of the type of fee in the account or fund: Fair Share Fees - These fees provide funding to accommodate traffic generated by future development within the City and are separately accounted for in the Circulation & Transportation Fund. 2) The amount of the Fair Share Fee: Fair Share rate is $234.44 per trip for Fiscal Year 2020-21. 3) The Beginning & Ending balance of the account or fund: See attached Financial Report. 4) The amount of fees collected and interest earned: See attached Financial Report. 5) 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 the fees: See attached Financial Report. 6) An identification of an approximate date by which the construction of the public improvements will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in the City's master plans, and the public improvement remains incomplete: Fiscal Year 2020-21 public improvements are underway and expected to be completed in Fiscal Year 2021-22. 2 23-6 7) 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: There were no interfund transfers or loans during the fiscal year. 8) The amount of refunds or any allocation made pursuant to subdivision (f) of Section 66001: There were no refunds during the fiscal year. Financial Report Fair Share Revenues, Expenditures & Changes in Fund Balance Fiscal Year 2020-21 Revenues: Fair Share Fees Investment Income Total Revenues Expenditures: Capital Improvement Projects Culver Dr/Bonita Cyn Dr/Ford Rd Traffic Signal Sync (20T12) Net Change in Fund Balance Fund Balance, Beginning Fund Balance, Ending Five Year Findings Total Project % Costs Fair Share (FY Only) Funded $ 398,284 4,706 An') aon (6,292) (6,292) 396,698 $ 2,636,961 $ 3,033,659 100.0%1 To comply with Government Code §66001(d), the following information regarding AB 1600 fees is presented: 1) Identify the purpose to which the fee is to be put: 3 23-7 The purpose of the Fair Share Fee is to distribute the cost of traffic congestion reduction improvements to the future development that generates the need for such projects. 2) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged: The fee is based upon the unfunded portion of the estimated construction cost of the total circulation system roadway improvements necessary to implement the master plan of streets and highways (net roadway costs), and the total number of vehicle trips anticipated as a result of trend growth. 3) Identify all sources and amounts of funding anticipated to be utilized to complete incomplete improvements: The City anticipates using 100% of Fair Share fees collected towards capital improvement projects meetingthe circulation element of the City's General Plan. 4) Designate the approximate dates on which the anticipated funding is expected to be received: The receipt of funding is dependent upon future developments that impact traffic congestion and circulation within the City. 4 23-8 ATTACHMENT B City of Newport Beach Development Agreements Report Fiscal Year 2020-2021 23-9 City of Newport Beach Development Agreements Report Fiscal Year 2020-21 Background A Development Agreement ("DA") is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval, because the development will not be subject to subsequent changes in regulations. The DA should also benefit the local jurisdiction. The city or county may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction. Annual Reporting For DAs entered into or after January 1, 2004, Government Code §65865 (e) requires that the City shall comply with the reporting requirements pursuant to Government Code §66000, with respect to any fee the City receives or cost it recovers. Government Code §66006 requires the City to submit annual and five-year notices detailing the status of collected public benefit fees, and be placed on the agenda for review at a public meeting not less than fifteen (15) days after the report is made available to the public. The meeting before the City Council must be held within one hundred eighty (180) days of the end of the fiscal year. The report must include the beginning and ending balances, the amount of fees collected and interest earned, expenditures by type, a description of interfund transfers or loans, and the amount of any refunds made. Excluded from this report are types of developer fees that are not subject to the reporting requirements under Government Code §65865(e). For example, these include fees collected pursuant to the City's zoning powers, such as in -lieu housing fees, and park -in -lieu fees. 1 23-10 Annual Report To comply with Government Code §66006, the following information regarding Development Agreement (DA) Fees is presented: 1) A brief description of the type of public benefit fee in the account or fund: a) Uptown Newport Development Agreement — On March 12, 2013 the City Council adopted Ordinance No. 2013-6 approving the Development Agreement for the development of a 25 -acre, mixed-use residential project consisting of 1,244 residential dwelling units, two one -acre public parks, and 11,500 square feet of retail use located at 4311-4321 Jamboree Road. On April 28, 2015 the City Council approved the First Amendment to the Development Agreement that delayed the timing of payment of public benefit fees and park in -lieu fees. The DA specifies the term, permitted uses, public benefits fees, park in -lieu fees, dedication of park land and open space. Public benefit fees were required to be paid by Uptown Newport, LP as part of the DA approval, and are accounted for in the Facilities Financial Planning Fund. b) Vivante Senior Housing Development Agreement — On September 10, 2019 the City Council adopted Ordinance No. 2019-13 approving the Development Agreement for the development of a 85,000 square -foot, three-story senior convalescent and congregate care facility (i.e., memory care and assisted living) as a State -licensed Residential Care Facility for the Elderly ("RCFE") with 120 beds. Public benefit fees were required to be paid by Vivante Newport Center, LLC and are accounted for in the Facilities Financial Planning Fund. c) Newport Airport Village Development Agreement — On September 22, 2020 the City Council adopted Ordinance No. 2020-23 approving the Development Agreement for the redevelopment of a 16.46 -acre site with up to 444 dwelling units (329 base units and 115 density bonus units) and 297,752 square feet of retail, office, and other airport supporting use. The DA specifies the term, permitted uses, public benefits fees, park in -lieu fees, dedication of park land and Public Safety Fee. Public benefit fees were required to be paid by JRSM, LLC and are accounted for in the Facilities Financial Planning Fund. 2) The amount of the DA fees: a) Uptown Newport Development Agreement — $34,826 per residential unit for 462 units at the issuance of building permits for construction. A total of $16,089,612 was received in Fiscal Year 2016-17. b) Vivante Senior Housing Development Agreement - $3,150,000 after the issuance of the project's first building permit. A total of $3,150,000 was received in Fiscal Year 2020-21. 2 23-11 c) Newport Airport Village Development Agreement - $6,000,000 in total with $2,000,000 due within (30) days of the effective date of the agreement, $2,000,000 at the issuance of building permits and $2,000,000 at the issuance of the first certificate of occupancy or temporary occupancy permit. $2,000,000 was received in Fiscal Year 2020-21. 3) The Beginning and Ending balance of individual DAs: See attached Financial Report. 4) The amount of DA fees collected and interest earned: See attached Financial Report. 5) 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 the fees: See attached Financial Report. 6) An identification of an approximate date by which the construction of the public improvements will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in the City's master plans, and the public improvement remains incomplete: The commitment and use of funding received from development agreements are analyzed annually and are utilized in conformance with the long-term Facilities Financial Plan. Multiple projects on the Facilities Financial Plan are expected to commence over the next few fiscal years. 7) 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: See attached Financial Report for interfund transfers. No loans were made during the fiscal year. 8) The amount of refunds made pursuant to subdivision (f) of Government Code §66001 any allocation pursuant to subdivision (f) of Government Code §66001. No refunds were made during the fiscal year. 3 23-12 Financial Reports Uptown Newport Development Agreement Fiscal Year 2020-21 Revenues: Interest Income Total Revenues Expenditures: Transfers In/(Out): Fire Stations Marina Park Office Modification West Newport Community Center Parks and Community Centers Total Transfers $ 1,146 1,146 9,403,132 14,983 23,913 (2,141,257) Total Project Developer Costs Agreement (FY Only) Funded (9,643,790) 22.2% 7,300,772 (9,643,790) Net Change in Fund Balance 7,301,918 Fund Balance, Beginning 1,716,226 Fund Balance, Ending $ 9,018,144 In FY 2020-21, unspent funds committed in prior years were returned due to the financing of the Fire Station No. 2 project and closeout of other projects. 4 23-13 Vivante Senior Housing Development Agreement Fiscal Year 2020-21 Total Project Costs (FY Only) Revenues: Developer Fees $ 3,150,000 Interest Income 2,104 Total Revenues 3,152,104 Expenditures: - Transfers In/(Out): - Net Change in Fund Balance 3,152,104 Fund Balance, Beginning - Fund Balance, Ending $ 3,152,104 Newport Airport Village Development Agreement Fiscal Year 2020-21 Revenues: Developer Fees Interest Income Total Revenues Expenditures: Transfers In/(Out): Net Change in Fund Balance Fund Balance, Beginning Fund Balance, Ending $ 2,000,000 1,336 2,001,336 2,001,336 $ 2,001,336 5 Total Project Costs (FY Only) Developer Agreement Funded Developer Agreement Funded 23-14