HomeMy WebLinkAbout23 - Annual Reports on Development Impact Fees and Development AgreementsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 29, 2022
Agenda Item No. 23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mike Gomez, Acting Finance Director/Treasurer — 949-644-3240,
mgomez@newportbeachca.gov
PREPARED BY: Trevor Power, Accounting Manager, tpower@newportbeachca.gov
PHONE: 949-644-3125
TITLE: Annual Reports on Development Impact Fees and Development
Agreements
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) Conduct a public hearing;
b) 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
c) Receive, review, and file the Annual Reports on Development Impact Fees and
Development Agreements.
DISCUSSION:
The Mitigation Fee Act (hereafter the 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. 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.
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Annual Reports on Development Impact Fees and Development Agreements
November 29, 2022
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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, the 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 and an unexpended balance
remained at the end of Fiscal Year 2021-22. Thus, additional information is included to
meet the five-year reporting requirement. The first deposits for the Vivante Senior
Housing Development Agreement and the Newport Airport Village Development
Agreement were received during Fiscal Year 2020-21, so the City has nothing to report
under the five-year reporting requirement for these agreements.
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.
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Annual Reports on Development Impact Fees and Development Agreements
November 29, 2022
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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.
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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 — Development Impact Fee Report
Attachment B — Development Agreements Report
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Attachment A
City of Newport Beach Development Impact Fee Report
Fiscal Year 2021-2022
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City of Newport Beach
Development Impact Fee Report
Fiscal Year 2021-22
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.
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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 2021-22.
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:
There were no public improvement projects constructed in the fiscal year.
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:
There were no public improvement projects constructed in the fiscal year.
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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 2021-22
Total Project
Costs
(FY Only)
Revenues:
Fair Share Fees
$ 235,011
Investment Income
35,268
Net decrease in fair value of investments*
(123,676)
Total Revenues
146,603
Expenditures:
Capital Improvement Projects
-
Net Change in Fund Balance
146,603
Fund Balance, Beginning
$ 3,033,659
Fund Balance, Ending
$ 3,180,262
Fair Share
Funded
*Financial Reporting standards require the City's investments to be reported at fair value. As such, the City allocates to
this fund the fair value fluctuations due to the changing interest rate environment.
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Attachment B
City of Newport Beach Development Agreements Report
Fiscal Year 2021-2022
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City of Newport Beach
Development Agreements Report
Fiscal Year 2021-22
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.
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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 an 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.
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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.
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Financial Reports
Uptown Newport Development Agreement
Fiscal Year 2021-22
Revenues:
Interest Income $ 76,185
Net decrease in fair value of investments* (281,931)
Total Revenues (205,746)
Expenditures:
Transfers In/(Out):
Parks and Community Centers
Junior Lifeguard Building
Total Transfers
Net Change in Fund Balance
Fund Balance, Beginning
Fund Balance, Ending
Total Project
Costs
(FY Only)
Developer
Agreement
Funded
(3,631,744) (4,013,862) 90.5%
(469,637) (469,637) 100.0%
(4,101,381) (4,013,862)
(4,307,127)
9,018,144
$ 4,711,017
*Financial Reporting standards require the City's investments to be reported at fair value. As such,
the City a I I ocates to this fund the fair va I ue fl uctuati ons due to the changing interest rate
environment.
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Vivante Senior Housing Development Agreement
Fiscal Year 2021-22
Total Project
Costs
(FY Only)
Revenues:
Interest Income $ 22,292
Net decrease in fair value of investments* (82,493)
Total Revenues (60,201)
Expenditures: -
Transfers In/(Out): -
Net Change in Fund Balance (60,201)
Fund Balance, Beginning 3,152,104
Fund Balance, Ending $ 3,091,903
*Financial Reporting standards require the City's investments to be reported at fair value. As such,
the City a I I ocates to this fund the fair va I ue fl uctuati ons due to the changing interest rate
environment.
Newport Airport Village Development Agreement
Fiscal Year 2021-22
Revenues:
Interest Income $
14,153
Net decrease in fair value of investments*
(52,376)
Total Revenues
(38,223)
Expenditures:
Transfers In/(Out):
Net Change in Fund Balance
Fund Balance, Beginning
Fund Balance, Ending
(38,223)
2,001,336
$ 1,963,113
Total Project
Costs
(FY Only)
*Financial Reporting standards require the City's investments to be reported at fair value. As such,
the City a I I ocates to this fund the fair va I ue fl uctuati ons due to the changing interest rate
environment.
Developer
Agreement
Funded
Developer
Agreement
Funded
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Five Year Findings
Uptown Newport Development Agreement
To comply with Government Code §66001(d), the following information regarding Uptown
Newport Development Agreement is presented:
1) Identify the purpose to which the fee is to be put:
The purpose of the public benefit fee collected is to be utilized for future capital
improvements in conformance with the long-term Facilities Financial Plan.
2) Demonstrate a reasonable relationship between the fee and the purpose for which it is
charged:
The public benefit fee is a consideration for the City's approval and performance
of its obligations within the agreement. It is an agreed upon fee per residential
dwelling unit developed as part of the project, including an annual adjustment
based on the Consumer Price Index.
3) Identify all sources and amounts of funding anticipated to be utilized to complete
incomplete improvements:
The City anticipates using 100% of the public benefit fees collected towards
capital improvements in conformance with the long-term Facilities Financial 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 of residential
dwelling units and shall be paid at the time each residential building permit is
issued, or payment may be deferred until the certificate of occupancy is issued.
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