HomeMy WebLinkAbout2024-32 - Adding Chapter 15.44 (Public Safety Development Impact Fee) to the Newport Beach Municipal Code Authorizing Collection of Development Impact Fees for Police and Fire Service FacilitiesORDINANCE NO. 2024-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
15.44 (PUBLIC SAFETY DEVELOPMENT IMPACT FEE)
TO THE NEWPORT BEACH MUNICIPAL CODE
AUTHORIZING COLLECTION OF DEVELOPMENT
IMPACT FEES FOR POLICE AND FIRE SERVICE
FACILITIES
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, cities may apply fees for proposed developments to cover the cost
of public facilities by way of its police power as codified in the California Constitution
Article XI Section 7;
WHEREAS, California Government Code Section 66000 et seq. ("Mitigation Fee
Act") authorizes the City to collect fees in connection with approval of a development
project for the purpose of defraying all or a portion of the cost of public facilities related
to the development project;
WHEREAS, development impact fees must be supported by a nexus study
which calculates the purpose of the fee, the use to which it will be put, the relationship
between the fee's use and the development, and establish the need for the fee pursuant
to the Mitigation Fee Act;
WHEREAS, the Community Development Department commissioned a
development impact fee nexus study with Willdan Financial Services;
WHEREAS, the City's 6th Cycle Housing Element projects an increase in the
population, residential dwelling units, and employment in Newport Beach;
WHEREAS, this future residential and nonresidential growth will create
additional demand on the City's infrastructure for police and fire service facilities;
Ordinance No, 2024-32
Page 2 of 4
WHEREAS, the City's current police facilities consist of the police station, police
vehicles, animal shelter, and equipment inventory that are utilized to protect the
community;
WHEREAS, the City's current fire and life safety facilities consist of fire stations,
apparatus and vehicles that are utilized to protect the community;
WHEREAS, Chapter 15.44 (Public Safety Development Impact Fee) authorizes
the City to collect development impact fees for police, fire and life safety services to
cover the cost of developing additional police and fire facilities necessitated by new
development to continue to protect the community; and
WHEREAS, a duly noticed public hearing was held by the City Council on
November 12, 2024, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the public hearing
was given in accordance with California Government Code Section 54950 et seq.
("Ralph M. Brown Act") and the Mitigation Fee Act. Evidence, both written and oral, was
presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: Chapter 15.44 (Public Safety Development Impact Fee) is hereby
added to the Newport Beach Municipal Code as set forth in Exhibit "A," which is
attached hereto and incorporated by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Ordinance No. 2024-32
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Ordinance No. 2024-32
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of November, 2024, and adopted on the 10th
day of December, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom Councilmember Grant, Councilmember
Kleiman Councilmember Weigand
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AA ON C. HARP, CITY ATTORNEY
WILL O'NEILL, MAYOR
.e
Attachment: Exhibit A— Chapter 15.44 (Public Safety Development Impact Fee)
EXHIBIT A
Chapter 15.44
Public Safety Development Impact Fees
Sections:
15.44.010
Purpose.
15.44.020
Definitions.
15.44.030
Established.
15.44.040 Use.
15.44.050 Developer construction.
15.44.060 Adjustments.
15.44.010 Purpose.
A. To implement the goals and objectives of the capital improvement program for
facilities and equipment of the City of Newport Beach and to mitigate the impacts to
the City police and fire services caused by new development in the City, certain public
facilities and equipment must be constructed and/or acquired. The public facilities
and equipment are specifically identified in the City's capital improvement program
for facilities and equipment as adopted by the City Council and as amended from
time to time. The list of police and fire service facilities may be added to or deleted
from the approved program. The City Council has determined that a development
impact fee is needed to finance these public improvements and to pay for the
development's fair share of the costs of these improvements.
B. In establishing the fees described in this chapter, the City Council has found the fees
to be consistent with its general plan and, pursuant to Govt. Code Section 65913.2,
has considered the effects of the fee with respect to the City's housing needs as
established in the Housing Element of the General Plan.
15.44.020 Definitions.
In this chapter, unless the context otherwise requires:
"Cost of improvements" means all costs related to acquisition, construction, repair
and financing, but does not include costs of routine maintenance.
"Fire service facilities" means capital improvements related to buildings, furnishings,
vehicles, equipment, software, and similar facilities utilized by the City's fire department.
"New development" means any residential or nonresidential (nonresidential includes
commercial, office, and industrial) construction project except as specifically exempted in
this chapter or by resolution establishing the fee.
"Police service facilities" means capital improvements related to buildings,
furnishings, vehicles, equipment, software, and similar facilities utilized by the City's
police departments.
15.44.030 Established.
A. A police service facilities impact fee is established for development within the City to
pay for buildings, furnishings, vehicles, software, and equipment as shown in the
adopted capital improvement program for facilities and equipment.
B. A fire service facilities impact fee is established for development within the City to
pay for buildings, furnishings, vehicles, software, and equipment as shown in the
adopted capital improvement program for facilities and equipment.
C. The City Council shall, in a council resolution, set forth the specific amount of the fee,
describe the benefit and impact area on which the development fee is imposed, list
the specific public improvements to be financed, describe the estimated cost of these
facilities, describe the reasonable relationship between this fee and the various types
of new developments and set forth time for payment. On an annual basis, the City
Council shall review this fee to determine whether the fee amounts are reasonably
related to the impacts of developments and whether the described public facilities
are still needed.
15.44.040 Use.
The revenues raised by payment of the fire service facilities fee and/or the police
service facilities fee shall be placed in a separate and special account and such
revenues, along with any interest earnings on that account, shall be used solely to:
A. Pay for the City's future facilities described in the resolution enacted pursuant to this
chapter, or to reimburse the City for those described or listed facilities constructed by
the City with funds advanced by the City from other sources, or
B. Reimburse developers who have been required or permitted by this chapter, to install
such listed facilities which are oversized with supplemental size, length, or capacity.
15.44.050 Developer construction.
A. Whenever a developer is required, as a condition of approval of a development
permit, to construct a public facility described in a resolution adopted pursuant to this
chapter which facility is determined by the City to have supplemental size, length, or
capacity over that needed for the impacts of that development, and when such
construction is necessary to ensure efficient and timely construction of the facilities
network, a reimbursement agreement with the developer and a credit against the fee,
which would otherwise be charged pursuant to the ordinance codified in this chapter
on the development project, shall be offered to the developer.
B. The reimbursement amount shall not include the portion of the improvement needed
to provide services or mitigate the need for the facility or the burdens created by the
development.
15.44.060 Adjustments.
A. A developer of any new development subject to the fees described in this chapter
may apply to the City Council for a reduction or adjustment to the fee(s), or a waiver
of that fee(s), based upon the absence of any reasonable relationship or nexus
between the police service and/or fire service impacts of that development and either
the amount of the fee charged or the type of facilities to be financed.
B. 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 City Clerk and
shall be filed with the City Clerk not later than:
1. Thirty (30) days prior to the first public hearing on the discretionary permit
application for the development project, or
2. If no discretionary permit application is required, within thirty (30) days of filing
for a building permit. A building permit for any phase of construction (including
grading, demolition, or new construction) shall not be issued until a
determination of base fees is final.
C. The application shall state in detail the factual basis for the claim of waiver, reduction,
or adjustment. The burden of proof shall be on the applicant to establish that the
applicant is not subject to the imposition of the full development impact fee(s)
pursuant to the chapter and applicable state law.
D. The City Council shall consider the application at the public hearing on the permit
application or at a separate hearing held within sixty (60) days after the filing of the
fee adjustment application, whichever is later. The decision of the City Council shall
be final.
E. If a reduction, adjustment, or waiver is granted, any change in use within the project
shall invalidate the waiver, adjustment or reduction of the fee.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2024-32 was duly introduced on the 12th day of November, 2024, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 10th day of December, 2024, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 11th day of December, 2024.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-32 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 16, 2024
Adopted Ordinance: December 14, 2024
In witness whereof, I have hereunto subscribed my name this A79 day of December, 2024.
kyle Pt--..T c
Leilani I. Brown, MMC
D City Clerk
U City of Newport Beach, California
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