A. The
purpose of this Chapter is to implement the goals, objectives and
policies of the City of Santa Monica's Open Space Element and Parks
and Recreation Master Plan when new development is constructed within
the City limits. Imposing a fee that is reasonably related to the
burdens on and increased demand for the City's parks and recreation
facilities created by new development will assist the City in constructing
the required capital improvements to support the fulfillment of these
goals, objectives and policies.
B. The
City has prepared a Parks and Recreation Development Impact Fee Nexus
Study that demonstrates, and the City Council finds, that there is
a reasonable relationship between the purpose for which the fees established
by this Ordinance are to be used and the type of development projects
on which the fees are imposed, and between the amount of the fees
and the cost of the parks and recreation facilities or portion of
the facilities attributable to the development on which the fees are
imposed.
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 City
Charter, the Subdivision Map Act, the California Environmental Quality
Act, and other state and local laws which may authorize the imposition
of project specific conditions on development.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. The regulations, requirements and provisions of this Chapter and Council resolutions adopted pursuant hereto shall apply to all new Projects for which a development application was determined complete or an application for change(s) in existing use(s) was made on or after the effective date of this Ordinance. Any project subject to the provisions of this Chapter shall not be required to comply with Chapter
6.80 of the Santa Monica Municipal Code.
B. Notwithstanding
the above, the following projects, square footage and affordable residential
units shall not be subject to the requirements of this Chapter:
5. Multi-family rental housing projects developed by a nonprofit housing provider if the developer is receiving financial assistance through a public agency, so long as the multi-family rental housing project is an affordable housing project meeting the requirements of Santa Monica Municipal Code Section
9.52.020 and the project's affordable housing obligations will be secured by a regulatory agreement, memorandum of agreement, or recorded covenant with a public agency for a minimum period of 55 years;
6. Re-occupancy
of square footage in an existing building or structure if there is
no change of use;
7. Square
footage used for outdoor dining in the public right-of-way; and
8. Affordable
housing units deed restricted to extremely low, very-low income, or
low income households.
If a development is exempt from the fee at initial construction,
but later converts to a development subject to this Ordinance, the
converted square footage will be deemed net new square footage and
the parks and recreation fee shall be paid prior to final approval
of a building permit or, if required by State law, before the date
of final inspection or the issuance of a certificate of occupancy,
whichever occurs first.
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(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
For the purpose of this Chapter, the following terms shall be
defined as follows:
"City projects"
shall mean City public works projects and City community
facilities (e.g., libraries, public parking structures, recycling
centers, and community centers), not including public/private partnerships.
"Nexus Study"
shall mean the Parks and Recreation Development Impact Fee
Nexus Study prepared by Economic & Planning Systems, Inc. dated
August 2013.
"Project"
shall mean any development having a gross new or additional floor area of one thousand square feet or more, or that changes an existing use to a different use that increases the demand on the parks and recreation system, or residential development of improved or unimproved land which adds dwelling units. Gross floor area for the purposes of this definition shall be the same as Section
9.52.020, or any successor legislation, but shall exclude parking area.
"Parks and Recreation Development Impact Fee"
shall mean a fee paid to the City by an applicant pursuant to Section
9.67.040 of this Chapter in connection with approval of a project to contribute to the acquisition and development of open space, parkland, and recreation facilities to meet demand generated by new development in order to maintain current service levels consistent with the goals, objectives and policies of the City's Open Space Element and Parks and Recreation Master Plan.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Except as provided in Section
9.67.050, th
e developer of a Project shall pay a Parks and Recreation Development Impact Fee in accordance with the following:
A. Parks and Recreation Development Impact Fee. Fees shall be
computed as follows:
1. For
Single Family residential development projects that result in the
addition of a dwelling unit:
a. $7,636 per single family dwelling unit.
2. For
Multi-Family residential development projects that result in the addition
of a dwelling unit:
a. $4,138 per studio/one-bedroom multi-family dwelling unit.
b. $6,665 per multi-family dwelling unit with two or more bedrooms.
3. All
nonresidential projects shall pay the following based on the gross
square footage of the proposed project:
a. Office: $2.31 per square foot.
b. Medical Office: $1.27 per square foot.
c. Retail: $1.49 per square foot.
d. Lodging: $3.11 per square foot.
e. Industrial: $1.30 per square foot.
4. The
land use categories identified in paragraphs (1)—(3), above,
shall have the following meanings:
a. Single Family Residential shall include Single Family.
b. Multi-Family Residential shall include: congregate care—non
senior, congregate care—seniors, and multi-family.
c. Office shall include: creative office, financial institutions and
office, and general office.
d. Medical office shall include: full service hospitals and medical
offices, including medical clinics, and offices for medical professionals.
e. Retail shall include: animal kennels and veterinary hospitals, auto
repair, car wash, nonresidential adult care facilities, retail and
wholesale construction-related materials, nurseries and garden centers,
entertainment and recreational facilities, gas stations, and art galleries,
nightclubs and bars, Personal services, Post-secondary educational
facility, private studio, restaurants—fast food and cafes, restaurants—sit
down, retail durable goods, retail food and markets, retail mixed,
and retail nonfood.
f. Lodging shall include: hotels, motels and other overnight accommodations.
g. Industrial shall include: surface or structured auto inventory storage,
heavy industrial and manufacturing, light industrial, utilities, warehouse
and self-storage, and wholesale distribution and shipping.
5. For
mixed residential/nonresidential development, the sum of the fee required
for each component as set forth above in paragraphs (A)(2) and (A)(3)
of this subsection.
6. The
amount of legally permitted square footage to be demolished in an
existing building or structure as a part of a Project shall be a credit
in the calculation of the Parks and Recreation Development Impact
Fee.
B. Timing of Fee Payment.
1. The
Project applicant shall pay fees according to the schedule of fees
in place on the date the fees are paid, except that the applicant
for a vesting tentative map for a development project shall pay the
fees in effect on the date the application for the vesting tentative
map is deemed complete, as automatically adjusted.
2. No
building permit for any Project shall be issued unless the fees have
been paid, except for residential uses where state law requires payment
before final inspection or the issuance of certificate of occupancy,
whichever comes first. If state law applies, a contract to pay the
fees shall be executed with the City, in which case, no final inspection
shall be approved until the fees have been paid. If a residential
development project contains more than one dwelling unit and is approved
for development in phases, the developer shall pay the fees in installments
based on the phasing of the residential development project. Each
fee installment shall be paid at the time when the first dwelling
unit within each phase of development has received its final inspection.
3. For
all Projects subject to this Chapter, the City may require the payment
of fees at an earlier time if the fees will be collected for public
improvements or facilities for which an account has been established
and funds appropriated and for which the City has a proposed construction
schedule or plan prior to final inspection, or the fees are to reimburse
the City for expenditures previously made.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. A developer of any Project subject to the fee described in Section
9.67.040 may request that the requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.
B. To receive
an adjustment or waiver, the applicant must submit an application
to the City Manager or her/his designee, at the time the applicant
files a discretionary project application, or if no such application
is required, a building permit application. The applicant shall bear
the burden of presenting substantial evidence to support the request
and set forth in detail the factual and legal basis for the claim,
including all supporting technical documentation.
C. The City Manager or her/his designee. shall render a written decision within ninety days after a complete application is filed. The City Manager's or designee's decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Chapter
9.37 Common Procedures of this Code or any successor thereto.
D. If the
City Manager or her/his designee, or City Council on appeal, upon
legal advice provided by or at the behest of the City Attorney, determines
that applying the requirements of this Chapter would effectuate an
unconstitutional taking of property or otherwise have an unconstitutional
application to the property, the affordable housing fee requirements
shall be adjusted or waived to reduce the obligations under this Chapter
to the extent necessary to avoid an unconstitutional result. If the
City Manager or her/his designee, or City Council on appeal, determines
that no violation of the United States or California Constitutions
would occur through application of this Chapter, the requirements
of this Chapter remain fully applicable.
E. If an
adjustment or waiver is granted, any change in use from the approved
project shall invalidate the adjustment or waiver.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Pursuant to
Government Code Section 66006, the Parks and Recreation
Development Impact Fee Reserve Account is hereby established. The
fees paid to the City pursuant to the provisions of this Chapter shall
be deposited into the Parks and Recreation Development Impact Fee
Reserve Account and used solely for the purpose described in this
Chapter. All monies deposited into the Reserve Account shall be held
separate and apart from other City funds. All interest or other earnings
on the unexpended balance in the Reserve Account shall be credited
to the Reserve Account.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
All monies and interest earnings in the Parks and Recreation
Development Impact Fee Reserve Account shall be expended solely on
the development, design, construction, and administration costs related
to the acquisition of land for parks, the improvement of existing
and new parkland, and the development of new parks and recreation
facilities needed to accommodate additional occupants of new development
projects. Such expenditures may include, but are not necessarily limited
to the following:
A. Reimbursement
for all direct and indirect costs incurred by the City to construct
parks and recreation improvements pursuant to this Chapter, including
but not limited to, the cost of land acquisition, planning, legal
consultation, engineering, design, construction, construction management,
materials and equipment.
B. Costs
of issuance or debt service associated with bonds, notes or other
security instruments issued to fund parks and recreation improvements
as identified.
C. Reimbursement
for administrative costs incurred by the City in establishing or maintaining
the Parks and Recreation Development Impact Fee Reserve Account required
by this Chapter, including but not limited to the cost of studies
to establish the requisite nexus between the fee amount and the use
of fee proceeds and yearly accounting and reports.
No portion of the Parks and Recreation Impact Fee may be diverted
to other purposes by way of loan or otherwise.
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(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
To account for inflation in construction costs, the fee imposed
by this ordinance shall be adjusted automatically on July 1 of each
fiscal year, beginning on July 1, 2015, by a percentage equal to the
appropriate Construction Cost Index as published by Engineering News
Record, or its successor publication, for the preceding 12 months.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. If a
Parks and Recreation development impact fee is collected on a Project
and the permit for that Project later expires, is vacated or voided
before commencement of construction, the developer shall, upon request,
be entitled to a refund of the unexpended Parks and Recreation development
impact fee paid, less a portion of the fee sufficient to cover costs
of collection, accounting for and administration of the fee paid.
Any request for a refund shall be submitted in writing to the Planning
and Community Development Director within one year of the date that
the permit expires or is vacated or voided. Failure to submit a timely
request for refund shall constitute a waiver of any right to a refund.
B. Fees
collected pursuant to this Chapter which remain unexpended or uncommitted
for 5 or more fiscal years after deposit into the Parks and Recreation
Development Impact Fee Reserve Account shall be accounted for or may
be refunded as provided by state law.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The amount of the Parks and Recreation development impact fees
and the formula for the automatic annual adjustment established by
this Chapter may be reviewed and revised periodically by resolution
of the City Council. This Chapter shall be considered enabling and
directive in this regard.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The City Manager, or her/his designee, is authorized to adopt
written administrative regulations or guidelines that are consistent
with and that further the terms and requirements set forth within
this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)