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, the 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)