The following words and phrases. whenever used in this chapter.
shall be construed as defined in this section:
means an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together
with a separate interest in space in an apartment building on such
real property. A "condominium" may include, in addition, a separate
interest in other portions of such real property.
means the putting together, assembling, erecting or altering
of construction materials, components or modules into a structure,
or portion of a structure, and includes reconstructing, enlarging
or altering any structure. "Construct" also includes the moving and
locating of a building, or portions thereof, onto a lot or parcel
of land. and also includes the improvement of land as a mobilehome
park.
means a separate single-family habitation, structure or unit,
the term includes:
means any area or tract of land where one or more mobilehome
spaces are rented or leased or held out for rent or lease to accommodate
mobilehomes used for human habitation.
means any area designated, designed or used for the occupancy
of one mobilehome on a temporary, semi-permanent or permanent basis.
includes, but is not limited to, land and interests in land,
swimming pools. tennis and volleyball and basketball courts, baseball
grounds, children's play areas, turf sprinkler systems, community
center buildings, recreation buildings and other works, properties.
structures and facilities necessary or convenient for public park,
playground and recreation purposes, and also including any of the
facilities described in this subsection constructed or installed within
or upon any public school grounds where the city is given the right
to use the same for public playground or recreation purposes.
means any domestic or foreign corporation. firm, association.
syndicate, joint stock company, partnership of any kind, joint venture,
or common law trust society, club or individual.
(Prior code § 9530; Ord. 86 § 3, 1993)
Each person who constructs any dwelling unit or units in the
city shall pay a fee as established by resolution of the city council
or dedicate land in lieu of the fee as provided in this chapter.
(Prior code § 9531; Ord. 86 § 3, 1993)
A.
The
parkland development fee shall be paid before the date of final inspection,
or the date the certificate of occupancy is issued, whichever occurs
first; provided, however, that if a single-family dwelling unit is
part of a development that includes more than one single-family dwelling
unit, then payment of the required parkland development fees for the
entire development shall be paid before the date of final inspection
of the first dwelling unit or the date the certificate of occupancy
is issued for the first dwelling unit, whichever occurs first. For
the purposes of this section. "final inspection" and "certificate
of occupancy" shall be defined as that term is defined in California
Government Code Section 66007, as amended.
If the fees imposed by this chapter on a dwelling unit are not
fully paid before a building permit is issued for that dwelling unit,
the property owner or lessee if the lessee's interest appears of record,
shall enter into a contract with the city to pay the fees, or applicable
portion thereof, prior to the date of final inspection of the dwelling
unit or the date the certificate of occupancy is issued for the dwelling
unit, whichever occurs first. The contract. containing a legal description
of the property affected, shall be recorded in the office of the Los
Angeles County recorder and shall constitute a lien for the payment
of fees required by this chapter. The lien shall be enforceable against
successors in interest to the property owner or lessee at the time
of issuance of the building permit.
The contract shall also require the property owner or lessee
to provide appropriate notification of the opening of any escrow for
the sale of the property for which the building permit is being issued
and to provide in the escrow instructions that the fees required by
this chapter be paid to the city from the sale proceeds in escrow
prior to disbursing proceeds to the seller.
B.
The
amount of the fee to be paid shall be the amount established by resolution
of the city council and in effect at the time of the payment of such
fees.
C.
All
fees collected pursuant to this chapter shall be paid to the city
and deposited in the city parkland development reserve fund.
(Prior code § 9532; Ord. 86 § 3, 1993)
A.
Any
person subject to the parkland development fee required by this chapter
may apply to the city council for a reduction, adjustment or waiver
of that fee based upon the demonstrable absence of a reasonable relationship
between the impact of that person's development project on the city's
parks, playgrounds, and other park facilities and programs and either
the amount of the parkland development fee charged or the type of
facilities to be dedicated. The application shall be made in writing
and filed with the application for a building permit. The application
shall state in detail the factual basis for the request for reduction,
adjustment or waiver.
B.
The
city council shall consider the application for reduction, adjustment
or waiver at a public hearing to be held within 60 calendar days after
the application has been filed. The decision of the city council shall
be final.
C.
If
a reduction, adjustment or waiver is granted pursuant to this section,
any subsequent increase in the use of the subject property, or any
increase in the square footage of the development, shall invalidate
the reduction.
(Prior code § 9533; Ord. 86 § 3, 1993)
A person shall be entitled to a reduction in the amount of fees
required by this chapter in an amount to be determined by the city
council, if that person has dedicated land or paid fees, or a combination
of both, for park or recreational purposes as a condition to the approval
of a tentative subdivision map or a parcel map, pursuant to Government
Code Section 66477.
(Prior code § 9534; Ord. 86 § 3, 1993)
Upon application, a fee collected by the city pursuant to this
chapter is refundable under the following circumstances:
A.
A fee which is collected erroneously or illegally is refundable. An application for refund pursuant to this subsection shall be made in writing and filed with the city manager no later than 90 days after the initial payment of the fee pursuant to Section 17.04.140. The application shall state in detail the factual basis for the request for refund.
B.
A fee
which is collected for the construction of a new dwelling unit which
is not built is refundable. A refund shall be made upon application
of the property owner to the city manager and upon owner's showing
that the construction of a new dwelling unit has not commenced and
that the building permit issued therefor has expired, has been canceled
or has been revoked. Application must be made within one year from
the cancellation, expiration or revocation of the building permit;
provided, however, no refund shall be made when a dwelling unit is
damaged or destroyed. In addition, no refund shall be made for mobilehome
spaces upon final approval of the construction permit for a mobilehome
park. An amount may be deducted from any refund made pursuant to this
subsection to offset costs incurred by the city for administering
the fee.
(Prior code § 9535; Ord. 86 § 3, 1993)
A.
Where
the acceptance of land in lieu of fees will better serve the purpose
of the citizens of Malibu, such land may be accepted based upon findings
by the city council. The city council shall consider the following:
1.
Topography,
geology, access and location of land in the development available
for dedication;
2.
Suitability
for patrol, supervision and maintenance;
3.
Size
and shape of the development and land available for dedication;
4.
The
feasibility of dedication;
5.
Availability
of previously acquired park property.
B.
The
value of such lands to be dedicated shall be no less than the fee(s)
which would be otherwise required.
C.
The
determination of the city council as to whether land shall be dedicated
or whether a fee shall be charged. or a combination thereof, shall
be final and conclusive.
D.
All
property dedicated pursuant to this chapter shall be dedicated to
the city.
(Prior code § 9536; Ord. 86 § 3, 1993)
The fees and/or dedications required under this chapter shall
not apply to the following:
A.
The
United States or any agency or instrumentality thereof, the state
or any county, city and county, district or any political subdivision
of the state;
B.
Construction
of any building, intended and used exclusively to house the elderly
or handicapped, which is constructed for and operated by a foundation,
agency or entity which, pursuant to Article 13, Section 1(c) of the
State Constitution, has been granted a property tax exemption by the
State Legislature;
C.
Enlargement,
remodeling and/or alteration of a building, but only if the number
of dwelling units therein is not increased. If the number of dwelling
units in the building is increased, then the fee imposed under this
chapter shall apply to such increased number of dwelling units;
D.
Reconstruction
of a building which was damaged or destroyed by earthquake, fire,
flood or other cause over which the owner has no control (provided,
that compliance with any building code or other ordinance requirement
of the city shall not be deemed a cause over which the owner has no
control), but only if the number of dwelling units therein is not
increased. lf the number of dwelling units in the building is increased,
then the fee imposed under this chapter shall apply to such increased
number of dwelling units;
E.
Replacement
of any building on the same lot, if construction of the new building
is commenced within 12 months from the date the previous building
was substantially removed from the lot, but only if the number of
dwelling units therein is not increased.
(Prior code § 9537; Ord. 86 § 3, 1993)
