Culver City Municipal Code Ch. 15.06 New Development Fees

Section

New Development Impact Fees

Art in Public Places

Residential Development Park Dedication and In Lieu Parkland Fees

Mobility Improvement Fees

Affordable Housing Commercial Development Impact Fee

NEW DEVELOPMENT IMPACT FEES

The purpose of this Subchapter is to provide a method for the financing of public works capital improvements made necessary by permitting new development for nonresidential use.

('65 Code, § 33H-1) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

There is hereby created a fund to be known as the “New Development Impact Fund” to account for fees paid pursuant to this Subchapter. Said fund shall be maintained by the City Treasurer.

('65 Code, § 33H-2) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

As used in this Subchapter, the following terms are defined as follows:

NEW DEVELOPMENT. Used in establishing the New Development Impact Fund and Fees shall mean any of the following:

1. Construction or relocation of a structure for non-residential use.

2. The addition, extension or enlargement of an existing structure used or intended for nonresidential use.

3. The conversion of a residential use structure to a nonresidential use structure.

4. The conversion of parking structures or facilities to another nonresidential use.

SQUARE FOOTAGE. Used in establishing this fund, means the aggregate of all floor space enclosed within the exterior walls of a building, including basements.

('65 Code, § 33H-3) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

A. Except as otherwise provided in this Subchapter, all new developments shall pay into the New Development Impact Fund a fee for the privilege of such development in an amount to be established by the Council by resolution. Such fee shall apply per square foot of new development in excess of five thousand (5,000) square feet for all new nonresidential development; provided, however, that if the total square footage of new development constructed within any seven (7) year period exceeds five thousand (5,000) square feet on one parcel, the first five thousand (5,000) square feet thereof shall not be subject to the New Development Impact Fee, but the fee shall be applied to all development in excess of five thousand (5,000) square feet. The fee shall be paid prior to the issuance of any building permit for new development, or the commencement of construction on facilities not requiring a building permit or at the time of application for a Business Tax Certificate for any change of residential or parking structure use to nonresidential use whichever is sooner.

B. The New Development Impact Fee shall not be construed as a substitution for any city-required dedication and/or public improvement adjoining a new development or subdivision, but shall be construed as a fee towards mitigating the impact of providing traffic controls, traffic management projects and street improvements made necessary by permitting the development.

C. The Building and Fire Safety Division shall not issue any building permit for new development and the City Treasurer shall not release any Business Tax Certificate for any change of residential or parking use to nonresidential use until the fee required by this Subchapter has been paid.

D. The Community Development Department shall calculate and the City Treasurer shall collect all fees required pursuant to this Subchapter.

('65 Code, § 33H-4) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

The following new developments are exempted from payment of the fees required by this Subchapter:

A. The reconstruction of any building destroyed or damaged by fire, explosion, natural catastrophe or Act of God to the extent that the reconstruction does not add to the floor area of the structure which existed prior to its being damaged or destroyed, or where such additional floor area is less than five thousand (5,000) square feet.

B. Any development for which a building permit issued prior to the effective date of the ordinance establishing this Subchapter which is still valid.

C. Parking structures, parking facilities and parking areas, but not including vehicle display, repair or inventory storage space within a building.

D. Mechanical equipment penthouses and structures.

E. Any development which is the subject of an Owner Participation Agreement or Disposition and Development Agreement with the Culver City Redevelopment Agency wherein there is established an alternative method for mitigating the contemplated or calculated traffic impacts of the new development.

('65 Code, § 33H-5) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

For the purposes of accounting, the City shall be divided into areas as determined by the City Council by resolution. Revenues from the New Development Impact Fund shall be accounted for by each area in which the new development is located. The City Treasurer shall maintain records identifying by area the origin of the funds used in whole or in part, for any project or improvement, by the New Development Impact Fund. Such records shall enable the City Treasurer to account for and trace the fees from new developments to specific projects funded by such fees from new development within each area. The fees collected shall be disbursed on the basis of a first-in-first-out accounting method for qualified projects within each area, impact zone or special project. Interest earned on the fund shall be part of the fund and shall be accountable by area; provided, however, that monies in the fund may be commingled for investment purposes with other City assets with a pro rata share of resulting interest earnings credited to the fund.

('65 Code, § 33H-6) (Ord. No. 83-021 § 1; Ord. No. 96-007 § 1 (part))

Fees from each new development shall be appropriated and disbursed only for street improvements, traffic controls and traffic management projects which are made necessary by the development and are:

A. Located within the area from which the fees were collected; or

B. Located within the impact zone of the new development as determined pursuant to § 15.06.040; or

C. Found pursuant to § 15.06.045 to benefit the new development and mitigate its traffic impact.

('65 Code, § 33H-7) (Ord. No. 83-021 § 1)

A. The Director of the Community Development Department, upon recommendation of the City Engineer, may recommend to the City Council the approval of a map or maps delineating impact zones within which any new development will cause or contribute to a traffic or street problem, and within which any new development will benefit from street improvements, traffic controls and traffic management projects. The proposed map shall be accompanied by a report setting forth the reasons for the zone boundaries recommended by the Director of Community Development. Said map(s) and report shall be available for public inspection upon notice of the public hearing as required by this Section.

B. Prior to the approval of any impact zones, the City Council shall hold a public hearing on the proposed map or maps. The hearing shall be noticed as follows:

1. A notice of the time and place of such hearing and the purpose thereof shall be given by publication of a notice in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing.

2. The notice shall contain:

a. The time, place and purpose of the public hearing;

b. The times and places where copies of the proposed map or maps and the report of the Community Development Director are available for inspection by the public; and

c. A statement that any interested person may appear in person or by agent and be heard, or submit comments in writing in advance of said hearing.

C. After the public hearing by the City Council, the City Council may approve the recommendation of the Director of Community Development or may modify or reject, in whole or in part, the recommendation of the Director of Community Development. If the determination of the City Council varies from the recommendation of the Director of Community Development, the City Council shall make written findings setting forth the reasons for such changes. The action of the City Council approving such map or maps shall be by resolution.

D. The approved map or maps delineating the impact zones may be revised by the City Council after a public hearing as required by this Section. The Director of Community Development shall file a report of recommended changes, if any, with the City Council prior to setting the date for hearing on revisions to an approved map or maps.

E. Certified copies of the approved map or maps shall be filed in the office of the City Clerk and in the office of the Building and Fire Safety Division and the Community Development Department by the City Treasurer after adoption by resolution.

('65 Code, § 33H-8) (Ord. No. 83-021 § 1; Ord. No. 96-007 § 1 (part))

A. Whenever a street improvement, traffic control and/or traffic management project may have benefits which extend beyond the impact zone established by the resolution establishing the zone in which the improvement or project is located, or if impact zones have not been established, the Director of Community Development may recommend to the City Council the adoption of a special project map to show the boundaries of the areas benefitted by the project and which are made necessary, in whole or in part, by traffic generated by the new development within the proposed boundary.

B. A special project map shall be adopted, approved and revised by the same procedures used for adopting, approving and revising maps for impact zones.

('65 Code, § 33H-9) (Ord. No. 83-021 § 1)

A. Fees paid into the New Development Impact Fund which are not appropriated or disbursed within seven (7) years from the date of payment shall be returned to the payer, with all interest actually earned thereon, if a written request for return is filed with the City Treasurer during the seventh year after payment. The request for return shall be verified, and shall state the date of payment, the amount paid, the location of the new development for which the fee was paid, and that the party requesting return of the fee is the payer of the fee or the payer's assignee or successor.

B. The right to a return of fees may be assigned in writing. No assignment shall be valid unless the assignment is acknowledged before a notary public in the same manner as is required for the recording of documents affecting title to real property with the County Recorder. Any assignment shall be filed with the City Treasurer and may be recorded at the option of the signatories.

C. If a request for return of fees is not made within one year from the date a request for return may first be filed, then the right to have the fee returned shall terminate, and the fees and all interest earned thereon shall revert to the New Development Impact Fund.

('65 Code, § 33H-10) (Ord. No. 83-021 § 1; Ord. No. 96-007 § 1 (part))

A. Projects which are subject to discretionary approvals prior to the effective date of the ordinance establishing this Subchapter and which had such approvals conditioned upon the payment of fees to mitigate traffic or street use impacts of the project, shall be deemed to have satisfied the requirements of this Subchapter upon payment of the fee required by such conditions.

B. Except as expressly provided in Subsection A. of this Section, nothing in this Section shall excuse or exempt a new development from complying with all conditions set forth in a site plan review, an exception, variance, conditional use permit, subdivision, or architectural design approval.

('65 Code, § 33H-11) (Ord. No. 83-021 § 1; Ord. No. 90-003 § 2)

ART IN PUBLIC PLACES

The City Council finds and declares:

A. Cultural and artistic resources, that include visual artwork, the performing arts, and architectural resources, enhance the quality of life for individuals living in, working in and visiting the City.

B. Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment, increases real property values, and has a positive economic impact.

C. As development and revitalization of real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished. As these opportunities are diminished and urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.

D. The Culver City Art in Public Places Program (“APPP”) was created in 1988 so that development of cultural and artistic assets are financed by those whose development and revitalization diminishes the availability of the community's resources for those opportunities and contributes to community urbanization.

(Ord. No. 2013-003 § 1 (part))

The Cultural Affairs Commission (“CAC”), as established by § 3.03.400 of the Culver City Municipal Code, was created in 2001 and shall implement the duties established in this Subchapter. The City Council may prescribe, by resolution, other duties and the appointment process for the members of the CAC.

(Ord. No. 2013-003 § 1 (part))

As used in this Subchapter, the following definitions shall apply:

ADMINISTRATIVE FEES. Include art consultant, conservator, legal fees, travel and out-of-pocket expenses.

ART IN PUBLIC PLACES PROGRAM ALLOCATION (also referred to as APPP ALLOCATION). The percentage of the construction costs which are set aside for the City's Art in Public Places Program.

ARTWORK. Includes but is not limited to paintings, drawings, murals in any media, stained glass, statues, bas relief or other sculptures, and any creation under “new genres” as defined herein; environmental artworks or public spaces; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration; integrated and functional architectural, video and other media-based elements designed by a qualified artist. For projects which involve no structures, artwork may include a combination of landscape design, natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, sculptures, screens, benches, and other types of street furniture, provided they have been designed by a qualified artist.

COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City or his or her designee.

CONSERVATION. Encompasses actions taken toward the long-term preservation of cultural property and includes examination, documentation, treatment and preventative care, supported by research and education. Restoration is a type of conservation treatment and specifically refers to an attempt to bring cultural property closer to its original appearance. Stabilization, also a type of conservation, refers to an attempt to maintain the integrity of cultural property and to only minimize deterioration.

CULTURAL AFFAIRS COMMISSION. The Commission established in 2001 pursuant to § 3.03.400 of this Code. Unless otherwise specified, any reference to “Commission” in this Subchapter shall mean the Cultural Affairs Commission.

DE-ACCESSION. Refers to the process of permanently removing artwork acquired through the Art in Public Places Program as outlined in this Subchapter.

DESIGN FEES. Include, but are not limited to, those fees which are paid to an artist, architect, structural engineer or an appropriate party for the development of a design concept and the preparation of construction drawings. Design fees are separate and apart from the cost of the fabrication and installation of an artwork.

FREELY ACCESSIBLE. The artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or obstacles, for a period often (10) hours per day, seven (7) days per week.

NEW GENRES. Include, but are not limited to, sculpture, sound installation, video, film, audio, digital, hybrid and emerging art forms. These works may be temporary or permanent in nature.

NON-PROFIT. Those entities deemed to be exempt under Section 501(c)(3) of the Internal Revenue Service Code.

PERFORMING ARTS. Performances presented by professional or amateur performers, including theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera (any dramatic performance of which music is an integral part); dance (any form of rhythmical movement); music or concert (any musical performance with live musicians and/or singers).

PERMANENT INSTALLATION. Artwork designed and fabricated to remain installed for twenty (20) or more years.

PROJECT (also referred herein as DEVELOPMENT PROJECT). Defined as consisting of all physical changes and improvements necessary to complete a development. Such physical changes shall include the construction of new structures or the remodeling of existing structures.

REAL PROPERTY. That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature.

QUALIFIED ARTIST (also referred herein as ARTIST). A practicing artist who has demonstrated a high level of accomplishment through a body of work, exhibitions, presentations, or performances. The qualified artist shall have a history of strong conceptual development, as well as possess the ability for skillful execution of tools, materials, and craft. This includes programs rooted in innovative uses of technology, collaborative work, or interdisciplinary projects. The qualified artist shall have a BFA, MFA or other comprehensive advanced training in the visual arts and work primarily in the production of art in unique or limited editions and not for purposes of marketing, mass production or advertising.

TEMPORARY INSTALLATION. Artwork intended to remain installed for three (3) years or less.

(Ord. No. 2013-003 § 1 (part))

A. There is hereby created a fund to be known as the “Culver City Cultural Trust Fund” (hereinafter “Cultural Trust Fund”) to account for fees paid pursuant to this Subchapter. This fund, maintained by the Chief Financial Officer, and subject to §§ 15.06.040 and 15.06.050, shall be used solely:

1. For the design, acquisition, commission, installation, improvement, relocation, conservation, utility charges and insurance of artwork acquired by the City through the APPP;

2. For preventative care, maintenance and utility charges related to the artwork and real property purchased pursuant to Subsection 15.06.115.A.1; provided, that the total amount of the appropriation made in any year from the Cultural Trust Fund for the purpose set forth in this Subsection 15.06.115.A.2 shall not exceed fifteen percent (15%) of the total fees deposited into the Cultural Trust Fund, pursuant to this Subchapter, during the fiscal year immediately preceding that appropriation. The City Council, with a recommendation by the Cultural Affairs Commission, may appropriate additional funds from the Cultural Trust Fund for the purpose of completing larger conservation efforts, including restoration projects, for one or more artworks;

3. To sponsor or support the performing arts;

4. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;

5. For costs associated with administering The Art in Public Places Program and associated cultural programs, in an amount not to exceed fifteen percent (15%) of the total fees deposited into the Cultural Trust Fund, pursuant to this Subchapter, during the fiscal year immediately preceding that appropriation; however, in the event the City Council determines that a special circumstance exists, the City Council may set a higher amount by a majority vote; and

6. Other City-produced cultural programs pursuant to the requirements of this Subchapter.

B. If real property purchased with monies from the Cultural Trust Fund is subsequently sold, the proceeds from the sale shall be returned to the Cultural Trust Fund.

(Ord. No. 2013-003 § 1 (part))

A. All new residential development projects of five or more units, and all commercial, industrial, and public building development projects, with a building valuation of five hundred thousand dollars ($500,000.00) or more shall be subject to the provisions of this Subchapter.

B. Including but not limited to exterior and interior modifications and additions, all remodeling of existing residential buildings of five (5) or more units, and all remodeling of existing commercial, industrial and public buildings, shall be subject to the provisions of this Subchapter when such remodeling has a valuation of two hundred fifty thousand dollars ($250,000.00) or more, excluding earthquake rehabilitation required by this Code for seismic safety.

C. Covenanted low- and moderate-income and senior citizen housing shall be exempted from the requirements of this Subchapter for as long as it is used for that purpose.

1. The APPP allocation for a development project that includes residential units covenanted for low- or moderate-income households or for senior citizens shall be reduced by the value of the square footage of the covenanted units and associated spaces (such as parking).

2. Prior to the date any restrictions regarding residential units covenanted for low- or moderate-income households or for senior citizens terminate, the then current owner of the development shall pay fees to the Cultural Trust Fund in an amount equal to the exemption calculated in Subsection 15.06.120.C.1.

D. Buildings which are designed and dedicated primarily to nonprofit performing arts spaces or museum uses shall not be required to meet the Art in Public Places Program Allocation requirement for as long as the performing arts or museum uses are maintained within these buildings.

(Ord. No. 2013-003 § 1 (part))

A. The APPP allocation, as used in this Subchapter, is the percentage of the construction costs which is set aside for the City's APPP and shall be an amount equal to one percent (1%) of the total building permit construction valuation for an applicable project, excluding land acquisition costs. The total building permit construction valuation used for determining the APPP allocation shall be based on the latest building construction valuation data used by the Building Safety division staff, based on R.S. Means Square Foot Costs, unless, in the opinion of the Building Official, a different valuation methodology is more appropriate for a particular project.

B. Multiple building permits issued within a three year period for a single project shall be considered in the aggregate in determining the APPP allocation.

C. If the total APPP allocation for a project is less than seventy-five thousand dollars ($75,000), the applicant shall pay their APPP allocation into the Cultural Trust Fund as the only option for complying with the APPP requirement.

D. Payment of any required APPP allocation shall be received prior to issuance of a City building permit.

E. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant shall either:

1. Pay the APPP allocation into the Cultural Trust Fund prior to issuance of a City Building Permit ("in-lieu fee"); or

2. Commission original, site-specific artwork for the applicant's development project, with

a valuation equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or

3. Donate artwork to the City with an appraised value equal to or greater than the APPP allocation, in compliance with the guidelines of this Subchapter; or

4. Incorporate a Cultural Facility into the applicant's development project, in compliance with the guidelines of this Subchapter; or

5. Have the building or a portion thereof designated “Architecture as Art,” in compliance with the guidelines of this Subchapter.

F. Any applicant whose APPP allocation is less than seventy-five thousand dollars ($75,000) may voluntarily increase their APPP allocation to an amount of seventy-five thousand dollars ($75,000) or greater, and thereby qualify the applicant to fulfill the APPP requirement pursuant to Subsection 15.06.125. E.

G. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may place an approved artwork, create a Cultural Facility, donate artwork, or designate their building “Architecture as Art” with acquisition and installation costs totaling less than the applicant's APPP allocation; provided that, such costs are at least seventy-five thousand dollars ($75,000) and that the applicant also pay the difference between its APPP allocation and such costs into the Cultural Trust Fund.

H. For the commission of new on-site artwork, applicants are required to use a Request for Proposal (“RFP”) process for selecting an artist when the APPP allocation exceeds one hundred thousand dollars ($100,000). The applicant shall also hire a qualified art consultant to assist with the RFP process, proposal development, and project oversight. The art consultant shall be selected from a pre-quaiified list provided by the City. The CAC Public Art subcommittee and staff shall review the art consultant and RFP information with the applicant prior to releasing the RFP. The RFP will include the following components:

1. Deadline for submission of requested information;

2. Information on development project components, including but not limited to goals for the development project and the artwork, scope of work, physical description of project site and other physical or legal restrictions which may apply;

• 3. Proposal review/selection schedule;
• 4. Scope of services;
• 5. Artwork budget;
• 6. Development project and artwork timelines; and,
• 7. Evaluation criteria.

I. If the APPP allocation is seventy-five thousand dollars ($75,000) or greater, the applicant may opt to fulfill the APPP requirement by incorporating a Cultural Facility within the development project. In order to ensure integrated projects, applicants shall submit plans to the Community Development Director during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. The only acceptable Cultural Facilities are: indoor and outdoor performing arts spaces that can accommodate a minimum audience of fifty (50), with a performance area of at least five hundred (500) square feet, or exhibition spaces designed for the visual arts. Cultural Facilities must include all amenities for supporting a performance or art exhibition space, including a sound and lighting system, audience seating, separately designated restrooms, and technical space. Cultural Facilities shall be permanent and must be ADA-compliant. Further, the facility must be made available to the recipients of the Culver City Performing Arts Grant Program and Culver City-based visual and performing arts organizations at rental rates no higher than other local arts venues. Cultural Facilities must be specifically designated as such and cannot be used for any other purpose on an on-going basis. Applicants may receive credit for up to three (3) years of operations, maintenance and programming costs for Cultural Facilities, together with construction costs, toward fulfillment of the minimum APPP allocation for their project. The applicant's proposal for a Cultural Facility shall include a plan that identifies key staff, programming goals and an associated budget for a minimum of three (3) years. The proposal shall be approved by the Cultural Affairs Commission, monitored by designated City staff, and subject to all applicable federal, state and local laws and regulations. Review and approval of Cultural Facilities shall include review by a CAC subcommittee with a recommendation to the full CAC. Cultural Facilities are required to display a permanent plaque as outlined in Subsection 15.06.155.F.3. and are subject to the covenant and maintenance requirements of Section 15.06.150.

(Ord. No. 2013-003 § 1 (part))

In those instances covered by Subsections 15.06.125.E, 15.06.125.H or 15.06.125.1, the following shall apply:

A. Total Administrative Fees shall not exceed fifteen percent (15%) of the APPP allocation or one hundred thousand dollars ($100,000), whichever is less.

B. Design fees must be proportionate to the overall scope of the budget.

(Ord. No. 2013-003 § 1 (part))

A. In order to ensure integrated projects, applicants choosing to commission new artwork for their project shall submit plans to the Community Development Director during Preliminary Project Review (PPR) or prior to receiving any discretionary review approvals. At a minimum, the following information shall be included:

1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

2. Preliminary plans containing such detailed information as may be required by theCommunity Development Director to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and the existing neighborhood. Applicants should be involved in the development of the preliminary plans in order to assist in the proper placement of the artwork in relation to their proposed development environment, and to ensure that the artist that is chosen creates an artwork that fits the needs and requirements of both the applicant's project and the APPP.

B. Upon receipt of discretionary review approvals, applicants shall prepare the following in preparation for Cultural Affairs Commission review:

1. A narrative proposal, with the artwork's budget and timeline. Elevations, site plans, line of sight studies, renderings and other descriptive materials, as deemed necessary by the Community Development Director, shall be included to demonstrate that the artwork will be displayed in an area open and freely accessible to the general public.

2. Information provided by a conservator affiliated with the American Institute for Conservation (“AIC”) about the durability of the proposed materials, recommendations for future maintenance and estimated maintenance costs. In addition, the application shall include information on how the future maintenance costs will be allocated and identify the party responsible for ensuring that maintenance is performed; and,

3. If applicable, an appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs.

C. The Cultural Affairs Commission shall review the completed application together with the recommendation of the Community Development Director and CAC Public Art subcommittee, and approve, approve with conditions, or deny the proposed artwork, and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility of the artwork.

D. Submitted artwork applications shall be assessed on:

• 1. Compliance with the general APPP requirements as outlined in this Subchapter;
• 2. Artistic quality;
• 3. Conceptual compatibility of the design with the immediate environment for the site;
• 4. Appropriateness of the design to the function of the site;

5. Creation of a desirable environment for the general community by the design and location of the artwork;

6. Preservation and integration of natural features with the project;

7. Appropriateness of the materials, textures, colors, and design to the expression of the design concept;

8. Ability to convey the artist's intention and underlying themes;

9. Whether the artwork is representative of a broad variety of tastes within the community and makes a contribution to the provision of a balanced inventory of artworks commissioned through the APPP;

10. Permanence of structural and surface components including, but not limited to, the structural and surface soundness and inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs.

E. Disqualifying characteristics for artwork:

1. Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original artwork or executed by the artist in unique or limited editions;

2. Artwork that incorporates logos, images, text or other elements that relate directly to a specific business's or organization's branding or marketing themes;

3. Art objects which are mass-produced and of standard design such as playground equipment or fountain pieces;

4. Reproduction of original artworks, except in cases where incorporated into an original artwork;

5. Decorative or functional elements which are designed by the building architect as opposed to a qualified artist;

6. Landscape design except where it is designed by a qualified artist and is an integral part of the artwork;

7. Architectural rehabilitation, historic preservation and structural building modifications;

8. Temporary art exhibitions, unless included with a Cultural Facility as outlined in Subsection 15.06.125.1;

9. Educational activities;

10. Artwork designed by City elected or appointed officials, City staff or members of their immediate family, members of the project architect's firm or immediate family members, individuals directly associated with the development team or immediate family members of the property owner/applicant, or any individuals with whom the property owner and/or applicant may have an interest in common; and,

11. Artwork designed by an artist who has received a prior permanent public art commission through the City's Art in Public Places Program, if the contract for said commission was executed within the last ten (10) years.

F. If the applicant proposes significant revisions to the artwork, a revised application shall be submitted to the Community Development Director for review and recommendation to the Cultural Affairs Commission. The Commission shall make a determination whether to approve, approve with conditions or deny the requested revision(s).

(Ord. No. 2013-003 § 1 (part))

A. All City-initiated projects subject to the requirements of this Subchapter shall follow the same requirements as development projects on private property, with the exception of the requirement to pay an in-lieu fee into the Cultural Trust Fund if the APPP allocation is less than seventy-five thousand dollars ($75,000). The APPP allocation shall be included in the development project budget and appropriated from the development project funding sources. The APPP allocation may be supplemented with money from the Cultural Trust Fund with a recommendation from the Cultural Affairs Commission and City Council approval.

B. Depending on the scope of the development project and/or overall budget, the City may employ a Community Advisory Committee and/or Artist Selection Panel, an RFQ and/or RFP process and/or the services of a qualified art or theater consultant. Both the Community Advisory Committee and Artist Selection Panel shall include a combination of professional artists, arts and design professionals, community representatives or stakeholders and City department representatives.

(Ord. No. 2013-003 § 1 (part))

A. An application for acceptance of artwork to be donated to the City for placement on public property shall be submitted to the Community Development Director and shall include the following information, at minimum:

1. Artist biography and object provenance;

2. Sketches, photographs, models, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork and installation and siting requirements;

3. Acquisition and installation costs;

4. An appraisal or other evidence of the value of the proposed artwork. The value of the proposed artwork will be determined by an Accredited Member or Accredited Senior Appraiser of the American Society of Appraisers, or a member of another established national or international organization for appraisers;

5. Information provided by an American Institute for Conservation ("AIC") affiliated conservator about the durability of the proposed materials, recommendations for future maintenance and estimated maintenance costs; and,

6. If applicable, a written agreement, in a form approved by the City Attorney, executed by or on behalf of the artist who created the artwork which provides the City necessary protections as permitted under applicable law.

B. Review of application:

1. Completed applications shall be submitted to the Community Development Director who, together with the CAC Public Art subcommittee, makes a recommendation to the Cultural Affairs Commission.

2. The Cultural Affairs Commission shall in turn make a recommendation to the City Council, which shall have the sole authority to accept or reject or conditionally accept the donation.

C. All artwork donated to the City in fulfillment of the requirements of this Subchapter shall become the property of the City upon acceptance by the City Council.

(Ord. No. 2013-003 § 1 (part))

A. All artwork placed on the site of an applicant's project shall become the property of the property owner and his or her successor(s) in interest. Artwork cannot be sold or transferred other than to a subsequent successor in interest. The obligation to provide maintenance and security, as necessary to preserve the artwork in good condition, shall remain with the owner of the site.

B. Maintenance of artwork, as used in this section, shall include without limitation: preservation of the artwork and, where applicable, of the lighting and surrounding landscaping, in good condition to the satisfaction of the City; protection of the artwork against physical defacement, mutilation or alteration; and, securing and maintaining fire and extended insurance and vandalism coverage in an amount to be determined on a case-by-case basis by the City.

C. Prior to placement of an approved artwork, the applicant and the owner of the site shall execute and record a covenant reflecting all the owners' obligations under this Subchapter, in a form approved by the City.

D. The covenant shall include a financial plan for the maintenance of the artwork, a schedule of future condition checks, preventative maintenance and restoration of the artwork necessary to conserve the artwork at an appropriate level, and should be created with input from the artist, the applicant, the Cultural Affairs Commission, and an Art Consultant, if one was hired for the project.

E. Applicants are required to set-aside funds for future conservation and, where possible, in interest bearing accounts. Preventative maintenance costs may represent from five percent (5%) to fifteen percent (15%) annually of the total APPP allocation but shall be based on conservation reports prepared by a professional art conservator working with the artist and the artist's fabricator. Funds for maintenance are not part of the APPP allocation.

F. The City reserves the right to inspect the artwork at any time to ensure it is being maintained as required by any covenant entered into pursuant to the provisions of Subsection 15.06.150.C.

G. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance. The City may pursue remedies to obtain compliance with the provisions of the APPP for maintenance of artwork, including subjecting the property owner to administrative citation and/or misdemeanor prosecution; placing conditions for maintenance of an artwork on the owner's future development project approvals; performing all necessary repairs, maintenance or securing insurance and placing a lien against the involved property for the costs associated with such.

H. The artwork is to remain freely accessible, as previously defined, and may not otherwise be draped or obscured.

I. The siting of the artwork, including the surrounding landscaping or adjacent area, shall not be altered without approval from the City. The City reserves the right to implement measures necessary to preserve the design and placement of an artwork as approved by the Cultural Affairs Commission.

J. Unless an artwork poses imminent danger to life or property, no person or entity shall remove any artwork from the location for which it was selected, and anyone needing to do so shall obtain City approval prior to doing so.

K. The applicant, its successors, and its assigns, may not destroy, permanently remove, relocate, change, alter, modify, or allow to be defaced, any artwork or portion thereof without the express consent of the City. This requirement will be included in the covenant to be recorded against the property.

L. If any approved artwork placed on private property pursuant to this Subchapter is removed without City approval, the artwork must be replaced with artwork of the same value as that of the removed artwork and be approved by the CAC or the property owner must pay the value of the removed artwork into the Cultural Trust Fund. If these requirements are not met within one-hundred eighty (180) days, then the Certificate of Occupancy is revoked or a lien is placed against the involved property.

(Ord. No. 2013-003 § 1 (part))

No final City approval or Certificate of Occupancy for any project subject to this Subchapter shall be granted or issued unless and until full compliance with the APPP is achieved as follows:

A. In lieu art fees have been paid, if applicable;

B. The approved artwork has been fabricated and placed on the project site in a manner consistent with the proposal approved by the Cultural Affairs Commission and inspected by the CAC and/or Cultural Affairs staff, if applicable;

C. Donation of an approved artwork has been accepted by the City Council, if applicable;

D. A Cultural Facility has been incorporated into the applicant's development project, if applicable;

E. The building or a portion thereof has been designated “Architecture as Art,” if applicable.

F. In cases where approved artwork is placed on private property, a Cultural Facility has been incorporated into the applicant's development project or a building has been designated “Architecture as Art” pursuant to this Subchapter, all of the following must occur prior to final City approval or issuance of a Certificate of Occupancy for any project subject to this Subchapter:

1. A copy of the maintenance guidelines that include information on materials, parts and fabricator contact information has been submitted to the City;

2. A covenant, complying with Subsection 15.06.150.C. and setting forth the applicant's obligations under the APPP, has been executed and recorded with the Los Angeles County Recorder;

3. A plaque has been installed adjacent to the artwork measuring no less than 8" x 8" or a proportionate size. The plaque shall be made of cast metal, stainless steel or other durable material and will be placed in an appropriate location near the artwork and shall include the date, title of artwork (if applicable), artist(s) or architect(s) (as applicable), and should indicate that the artwork, building's architecture or Cultural Facility was commissioned in conjunction with the Culver City Art in Public Places Program. Staff shall review and approve plaque text and layout prior to its fabrication and installation at the site; and,

4. Proof of final payment to the artist and/or all members of the design and fabrication/installation team has been furnished to the City.

(Ord. No. 2013-003 § 1 (part))

A. The Cultural Affairs Commission shall prepare a plan for the Art in Public Places Program and update it annually through the budget process.

B. The Cultural Affairs Commission may recommend to the City Council the purchase of artwork to be displayed on public property, recommend support for the performing arts, and the purchase and improvement of real property to be used for the display of artwork. A recommendation shall include the following information:

1. The type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork; or

2. The type of performance and amount recommended; or

3. The estimated costs of acquisition and improvements of the real property proposed to be purchased.

C. The Cultural Affairs Commission is authorized to review the performing arts grant applications and make a recommendation to the City Council up to the amount authorized in the City budget for the fiscal year for which the projects are being considered.

D. An expenditure from the Cultural Trust Fund may be made for the performing arts provided the City Council approves the performing arts event and that the performance occurs at a location in the City, or location owned or controlled by the City, or at an alternative site which is located within close proximity to the corporate boundaries of the City and which has facilities for performing arts that complement or supplement those available within the City.

E. No more than twenty- five percent (25%) of deposits made in any one year into the Cultural Trust Fund may be allocated from the Cultural Trust Fund for performing arts in the subsequent year unless this amount is less than twenty-five thousand dollars ($25,000), in which case a minimum of twenty- five thousand dollars ($25,000) may be allocated. Eligible activities include city-produced performing arts events and grants to performing arts organizations as subject to the release of a Notice of Funding Availability (“NOFA”) and review of applications by the Cultural Affairs Commission and approval by the City Council.

F. In order to attract more cultural users to City-owned and City-operated facilities, up to Ten Thousand Dollars ($10,000) per year may be allocated from the Cultural Trust Fund for capital improvements to enhance the performance area of such facilities.

(Ord. No. 2013-003 § 1 (part))

The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling the City's APPP requirement:

A. The architect shall be internationally recognized and have earned a respectable reputation in both the design and visual art communities and have exhibited their work in major regional, national or international museums.

B. When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole, or certain architectural features, shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

C. The applicant must be able to demonstrate how the APPP allocation enhances the design of their project.

(Ord. No. 2013-003 § 1 (part))

The following procedure must be followed by the applicant to fulfill the APPP requirement with the building's architecture:

A. An applicant shall make an initial presentation to the CAC Public Art sub-committee and staff prior to the development application being deemed complete. The applicant must submit a maquette and/or other materials which satisfactorily illustrate the proposed conceptual development. The applicant and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance or conceptual complexity expressed in the architecture.

B. A second presentation shall be made at the completion of the City's review and approval process for the project to a panel comprising two (2) commercial architects, one (1) visual artist, one (1) visual arts administrator, and one (1) general design professional such as a landscape architect or commercial interior designer. At least one (1) of the panel members shall be a Culver City business owner or resident. The panel shall make a recommendation to the CAC Public Art subcommittee whether to accept the project under Architecture as Art and the subcommittee will then make a recommendation to the Cultural Affairs Commission for consideration.

C. The applicant and architect shall demonstrate that high quality materials and craftsmanship will be used in the execution of the construction.

D. If all of the foregoing criteria are met, the Cultural Affairs Commission shall approve the Architecture as Art, only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to Culver City.

E. The applicant and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met.

(Ord. No. 2013-003 § 1 (part))

A. The City will allow the de-accessioning of artwork acquired or commissioned through the Art in Public Places Program only when it is in the public interest and serves as a means of improving the quality of the overall APPP collection;

B. De-accessioning should be considered only after five (5) years following the acceptance of artwork donated to the City or the installation of permanent art commissioned through the APPP. The need for temporary removal from public display does not necessitate de-accession. In instances where the artwork considered for de-accession is on private property, the Cultural Affairs Commission shall make the final decision. When the artwork is installed on public property or is City-owned, the Cultural Affairs Commission shall make a recommendation to the City Council which will make the final decision.

C. After de-accession has been approved by the Cultural Affairs Commission or the City Council, if the artwork is sold, all proceeds from sale of artwork, minus payment to the artist under California Resale Royalties Act, will be used for the exclusive purpose of acquiring replacement artwork for the site or be paid into the Cultural Trust Fund. If the artwork was on private property, the then property owner shall replace the de-accessioned artwork with an artwork of equal or greater value or pay an in-lieu fee equivalent to the cost of the artwork to the Cultural Trust Fund.

D. Circumstances that may cause review of artwork for de-accessioning:

1. The artwork is a threat to public safety, or the condition/security of the work cannot be guaranteed;

2. The owner cannot properly care for the artwork, or the artwork requires an excessive or unreasonable amount of maintenance;

3. The artwork has serious or dangerous faults in design or workmanship, the condition of the artwork requires restoration costs in gross excess of its monetary value or is in such a deteriorated state that restoration is either unfeasible, impractical, or would render the artwork to be false;

• 4. A similar but superior example exists in the collection;
• 5. The artwork is a forgery;
• 6. No suitable site for the artwork is available;

7. A significant adverse reaction to the artwork is documented over five (5) years or more;

8. The artwork is judged to have no aesthetic, historical or cultural value;

9. The owner wishes to replace an artwork with a more appropriate work by the same artist;

10. The artwork can be sold to finance, or can be traded for, an artwork of greater importance;

11. A written request from the artist to remove the artwork from public display has been received and approved by the City;

12. The artwork is not or is rarely displayed; or

13. The artwork is incompatible with the rest of the collection.

(Ord. No. 2013-003 § 1 (part))

Any person may seek review of a decision of the Cultural Affairs Commission by filing a written appeal with the City Clerk's Office within ten (10) working days of the decision by the Commission. The City Clerk's Office shall coordinate with the Community Development Director to schedule the appeal hearing before the City Council.

(Ord. No. 2013-003 § 1 (part))

RESIDENTIAL DEVELOPMENT PARK DEDICATION AND IN LIEU PARKLAND FEES

The City Council finds and declares:

A. The purpose of this Chapter is to implement the goals, objectives and policies of the City of Culver City's Parks, Recreation, and Public Facilities Element and related portions of the General Plan, when new development is constructed within the City limits.

B. The public interest, convenience, health, welfare and safety require neighborhood and community park and recreational facilities which must be provided for the enhancement of the quality of life of City's residents.

C. New residential development has a significant effect on the use and availability of park space, and the limited open space and recreation amenities provided by residential developments may be insufficient to meet the needs of the residents for open space and park land. The intent of this chapter is to require that such developments contribute their fair share toward the purchase and acquisition of new park land.

D. Acquisition of new community park land should be financed by applicants for residential developments which are served by public recreational facilities.

E. Establishment of Park Land Acquisition Impact Fees, as provided in this Subchapter, will promote the general welfare by requiring developers of residential units to pay a share of the cost of acquiring new community park land which will serve the residents of the new development.

F. Imposing a fee that is reasonably related to the burdens on and increased demand for the City's parks created by new residential development will assist the City in acquiring park land to support the fulfillment of the goals, objectives and policies set forth in the General Plan Parks, Recreation, and Public Facilities Element.

G. The City has prepared a Parks and Recreation Facilities Development Impact Fee Study that demonstrates, and the City Council finds, that there is a reasonable relationship between the purpose for which the fees established by this Subchapter 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 park land attributable to the development on which the fees are imposed.

H. It is the intent of the City Council that any fee required by this Chapter shall be additional to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code other than § 15.10.750, the City Charter, the California Environmental Quality Act, and other state and local laws which may authorize the imposition of project specific conditions on development.

('65 Code, § 33H-40) (Ord. No. 90-003 § 1; Ord. No. 2026-003, Exhibit A (part))

Cross-reference:

Parks, public buildings and property, see Ch. 9.10

Fees paid pursuant to this Subchapter shall be deposited into the Park Facilities Fund maintained by the City Treasurer, and shall be used solely for the acquisition of new and rehabilitation of existing community park and recreational facilities.

('65 Code, § 33h-41) (Ord. No. 90-003 § 1)

A. Except as otherwise provided in § 15.06.325 of this Subchapter, all new residential 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 Subchapter, shall be subject to the Park Land Acquisition Impact Fees, as required by this Subchapter.

B. Park Land Acquisition Impact Fees established by this Subchapter shall be assessed in the amount established by the City Council by resolution.

C. The project applicant shall pay fees according to the schedule of fees in place on the date the preliminary application is submitted and deemed complete. However, if the project has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights.

D. The Park Land Acquisition Impact Fees shall be paid in full on the date of the final inspection, or the date the Certificate of Occupancy is issued, whichever occurs first.

(Ord. No. 2026-003, Exhibit A (part))

When a building permit is sought for addition of one or more units or Accessory Dwelling Units (ADUs) 750 square feet or larger in size to a property containing a single family dwelling, regardless of the zoning district in which the property is located, the amount of the Park Land Acquisition Impact Fee to be paid prior to the issuance of the Certificate of Occupancy, or at the time of final inspection of the additional unit(s), whichever is later, shall be calculated based on the new unit(s) being added.

(Ord. No. 2026-003, Exhibit A (part))

A. Where private open space area is developed for park or recreational facilities in a proposed development, the park or recreational facilities may be partially credited against the amount of assessed Park Land Acquisition Impact Fee for that development as provided in this Section.

B. The decision making authority on the residential development application, shall determine at the time the residential development is approved or conditionally approved, whether it is in the public interest to determine a maximum of fifty percent (50%) of the fee amount is satisfied by the proposed development of private open space area with recreational facilities, or such area is reasonably adaptable for use for recreational or park purposes, taking into consideration factors such as the size, shape, topography, geology, access, location of such area within the development, and the recommendation of the Parks, Recreation and Community Services Department staff and/or the Parks, Recreation and Community Services Commission.

C. Yards, setbacks and other private and common open space areas required to be maintained by zoning and building regulations shall not be considered as credit against the Park Land Acquisition Impact Fee.

D. The private ownership and maintenance of the private open space area as park or recreational facilities is adequately provided for by written agreement, and the use of such area is restricted by recorded covenants which run with the land and which cannot be defeated or eliminated without the consent of the City.

(Ord. No. 2026-003, Exhibit A (part))

A. Residential developments which are subject to the park dedication and in lieu fee requirements of Chapter 15.10 shall be exempted from the requirements of this Subchapter.

B. For residential developments containing units which are covenanted for low- and moderate-income households or senior citizens, the units which are covenanted for low- and moderate-income households or senior citizens shall be exempted from the requirements of this Subchapter during the period the unit or units remain covenanted for such use.

C. If a development is exempt from the fee at initial construction, but later converts to a development subject to this Subchapter, the converted square footage will be deemed net new square footage and the Park Land Acquisition Impact 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.

D. Such fees do not apply to commercial or industrial development, except for residential portions of mixed use projects.

('65 Code, § 33H-44) (Ord. No. 90-003 § 1; Ord. No. 2026-003, Exhibit A (part))

Fees paid into the Park Facilities Fund which are not expended or committed within five (5) years from the date of payment shall be returned to the then current owner of the residential development project as required by state law.

('65 Code, § 33H-45) (Ord. No. 90-003 § 1; Ord. No. 96-007 § 1 (part); Ord. No. 2026-003, Exhibit A (part))

MOBILITY IMPROVEMENT FEES

The purpose of this Subchapter is to provide a method for new development projects to pay their fair share towards the funding of the City's identified mobility infrastructure and programs project list, intended to reduce vehicle miles traveled and needed to support projected jobs and housing growth.

(Ord. No. 2021-006 § 2 (part))

A. Pursuant to Cal. Gov’t Code § 66006, the Mobility Improvement Fund is hereby established.

B. The fees paid to the City under this Subchapter's provisions shall be deposited into the Mobility Improvement Fund and used solely for the purpose described in this Subchapter.

C. All monies deposited into the Mobility Improvement Fund shall be held separate and apart from other City funds.

D. All interest or other earnings on the unexpended balance in the Mobility Improvement Fund shall be credited to the Mobility Improvement Fund. There shall at all times be sufficient amounts of earned interest in the account to enable the City to pay all potential obligations for the refund of interest earned on fees which may be eligible for refunds per § 15.06.545. Any amounts of interest earned by the fund which exceeds the necessary reserve amount may be appropriated and disbursed for project list funding.

(Ord. No. 2021-006 § 2 (part))

As used in this Subchapter, the following terms are defined as follows unless the context indicates or requires a different meaning. All other terms herein shall follow the definitions found in § 17.700.010.

DEVELOPER. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks or applies for City approvals, permits or entitlements for all or part of a commercial development project.

DIRECTOR. The Community Development Director of the City of Culver City, or his or her designee.

PROJECT LIST. The list of mobility improvements and programs identified by the Community Development, Public Works, and Transportation Departments needed to support new development based on 2045 jobs and housing growth forecasts, which will reduce vehicle miles traveled and be partially funded by mobility improvement fees.

MULTIMODAL. Alternative transportation modes to single-occupancy vehicles including but not limited to active transportation like walking, running, rolling, bicycling, scooting, skating, and accessing public transit and ridesharing like car and vanpools.

NEW DEVELOPMENT. Shall have the same meaning as that set forth in § 15.06.015.

SQUARE FOOTAGE. Shall have the same meaning as that set forth in § 15.06.015.

VEHICLE MILES TRAVELED. The sum of the number of miles traveled by each vehicle.

NET NEW VEHICLE MILES TRAVELED. Additional vehicle miles traveled resulting from new development above existing development. For the purpose of illustration only, an example of net new vehicle miles traveled is as follows: If a new restaurant replaces an existing restaurant without adding new square footage, the fee will not be charged. However, if a new restaurant replaces an existing restaurant and adds 1,000 new square feet; then fees will be required for the added 1,000 square feet and associated net new vehicle miles traveled.

(Ord. No. 2021-006 § 2 (part))

A. Requirement. Mobility improvement fees are hereby imposed on all new development projects resulting in net new vehicle miles traveled, except as specifically exempted in § 15.06.520. No application for a building permit for a development project shall be approved, nor shall any such development project be constructed without compliance with this Subchapter. The fee imposed by this Subchapter shall be collected at the time of the issuance of a building permit. No certificate of occupancy shall be issued for a development project that has not paid the fee required under this Subchapter.

B. Rates and calculation. Except as otherwise provided in this Subchapter, all new developments shall pay into the Mobility Improvement Fund a fee for the privilege of such development in an amount to be established by resolution of the City Council.

C. Annual review and adjustment. To account for inflation in infrastructure construction costs, the fee imposed by this Subchapter shall be adjusted automatically on July 1 of each fiscal year, beginning on July 1, 2022, by a percentage equal to the appropriate Construction Cost Index for the Los Angeles region, or equivalent index, as determined by the City, for the preceding twelve (12) months. The City shall publish the revised fee and index in a newspaper of citywide circulation or on the City website before July 31 of each year.

(Ord. No. 2021-006 § 2 (part))

Certain new developments are exempted from payment of the fees required by this Subchapter as established by resolution of the Council.

(Ord. No. 2021-006 § 2 (part))

The City's Chief Financial Officer shall maintain records specifically identifying the origin of the funds used for any project or improvement funded, in whole or in part, by the Mobility Improvement Fund. Such records shall enable the City's Chief Financial Officer to trace the fees from new development to specific projects funded by each development.

(Ord. No. 2021-006 § 2 (part))

A. All monies and interest earnings in the Mobility Improvement Fund shall be expended on constructing improvements and deploying programs in the project list. Such expenditures may include, but are not limited to the following:

1. Reimbursement for all direct and indirect costs incurred by the City to construct improvements under this Subchapter, including but not limited to the cost of land and right-of-way acquisition, planning, legal advice, engineering, design, construction, construction management, materials, and equipment.

2. Costs of issuance or debt service associated with bonds, notes, or other security instruments issued to fund improvements.

3. Reimbursement for administrative costs, not exceeding up to five percent (5%) each year, of the total Mobility Improvement Fund balance, incurred by the City in establishing or maintaining the Mobility Improvement Fund required by this Subchapter, including but not limited to the cost of studies to establish the requisite nexus between the fee amount, studies to compare the fee amount to neighboring jurisdictions, the use of fee proceeds, and annual accounting and reports.

B. The City shall not expend Mobility Improvement Fund monies on street improvements, traffic controls, or traffic management projects required by § 15.06.035; projects that induce vehicle miles traveled; operation and maintenance costs; off-street parking facilities except as part of a TDM program; alley improvements; or private streets.

(Ord. No. 2021-006 § 2 (part))

A. The City Council shall adopt by resolution the project list, which meets the General Plan Circulation Element goals, objectives, and measures.

B. The City Council may amend the resolution to update the project list every three (3) to five (5) years to reflect current conditions, so long as any project added reduces vehicle miles traveled and is consistent with the General Plan.

C. City staff shall annually determine which project(s) will be scheduled for implementation from the project list as part of their work plans based on feasibility factors such as funding, staffing capacity, community support, and City Council direction.

(Ord. No. 2021-006 § 2 (part))

A. The requirements of this Subchapter may be adjusted or waived if the developer demonstrates that an insufficient nexus exists between the proposed use and fee.

B. The developer must submit a written request to the Director, or their designee, when the developer files a discretionary project application or if no discretionary application is required, a building permit application.

C. The developer shall bear the burden of presenting substantial evidence to support the request and detail the factual and legal basis for the claim, including supporting technical documentation.

D. The Director, or their designee, shall render a written decision within ninety (90) days after a complete application is filed.

E. The developer may seek review of the Director's decision by filing a written appeal with the City Clerk's Office within ten (10) City Hall business days of the decision by the Director. The City Clerk's Office shall coordinate with the Director to schedule the appeal hearing before the City Council.

F. If an adjustment or waiver is granted, any change in use from the approved project shall invalidate the adjustment or waiver.

(Ord. No. 2021-006 § 2 (part))

A. Fees paid into the Mobility Improvement Fund not appropriated within five (5) years of payment shall be returned to the payer, with earned interest, if a written return request is filed with the City's Chief Financial Officer within the fifth fiscal year after payment. The return request shall be verified and state the payment date, the amount paid, and that the party requesting the fee return is the payer of the fee or the payor's assignee or successor.

B. The right to a return of fees may be assigned in writing. No assignment shall be valid unless the assignment is acknowledged before a notary public in the same manner as is required for the recording of documents affecting title to real property with the County Recorder. Any assignment shall be filed with the City's Chief Financial Officer and may be recorded at the option of the signatories.

C. If a return request is not made within one (1) calendar year from when the return request is originally filed, then the right to have fees returned shall terminate, and the fees and all interest earned shall revert to the Mobility Improvement Fund.

(Ord. No. 2021-006 § 2 (part))

AFFORDABLE HOUSING COMMERCIAL DEVELOPMENT IMPACT FEE

The City Council of the City of Culver City finds:

A. The purpose of this Subchapter is to facilitate the development and availability of housing affordable to a range of households with varying income levels within the City through creation and imposition of a fee on new commercial development, which will partially fund the need for affordable housing created by the workforce of this new commercial development.

B. The requirements of this Subchapter are based on a number of factors including, but not limited to, the City's commitment to increasing opportunities for affordable housing, the immediate need for affordable housing, as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by commercial development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created by new commercial development on the City's need for affordable housing will enable the City to fund development of affordable housing units that will contribute to addressing these impacts and fulfilling these goals.

C. The City has commissioned the preparation of a jobs-housing nexus study. It shows, and the City Council finds, that there is a reasonable relationship between the purpose for which the fees established by this Subchapter 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 affordable housing units or portion of the units attributable to the development on which the fees are imposed.

D. It is the intent of the City Council that the fee required by this Subchapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this 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.

(Ord. No. 2021-009 § 2 (part))

For the purposes of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AFFORDABLE HOUSING COMMERCIAL DEVELOPMENT IMPACT FEE or FEE. The fee paid by a developer of Commercial Development Projects to mitigate the impacts that such developments have on the demand for affordable housing in the City.

BUILDING PERMIT. Full structural building permits as well as partial permits such as foundation-only permits.

COMMERCIAL DEVELOPMENT PROJECT. The construction or the addition of new nonresidential gross floor area (as defined in this Section), or the conversion from a use exempt from the Affordable Housing Commercial Development Impact Fee, per § 15.06.610.B., to a use subject to the Affordable Housing Commercial Development Impact Fee (as set forth in § 15.06.620).

COMMUNITY LAND USES WHICH SERVE THE PUBLIC. Uses that include, but are not limited to, hospitals, churches or other places of worship, museums, educational facilities (public and private K-12, community colleges, and colleges and universities), youth and recreational facilities, emergency shelters, and other such institutional uses which serve the public, as determined by the Director.

DEVELOPER. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks or applies for City approvals, permits or entitlements for all or part of a Commercial Development Project.

DIRECTOR. The Community Development Director of the City of Culver City, or his or her designee.

GROSS LEASABLE FLOOR AREA. The square footage in a commercial property designed for a tenant's exclusive use, which typically includes mezzanines, basements, or upper floors, but does not include shared areas, such as parking garages, public bathrooms or maintenance areas. GROSS LEASABLE FLOOR AREA is measured from the center of the wall separating tenant spaces. Internal walls are incorporated in the GROSS LEASABLE FLOOR AREA.

MIXED-USE PROJECT. Shall have the same meaning as that set forth in § 17.700.010 of this Code.

(Ord. No. 2021-009 § 2 (part))

A. Requirement. An Affordable Housing Commercial Development Impact Fee, in an amount established by resolution of the City Council, is hereby imposed on all Commercial Development Projects. No application for a building permit for a Commercial Development Project shall be approved, nor shall any such Commercial Development Project be constructed, without compliance with this Subchapter. The fee imposed by this Subchapter shall be collected at the time of the issuance of a building permit. No certificate of occupancy shall be issued for a Commercial Development Project that has not paid the fee required under this Subchapter.

B. Exemptions. Notwithstanding subsection A. above, this Subchapter shall not apply to the following:

1. A Commercial Development Project with a gross leasable floor area of 10,000 square feet or less in aggregate;

2. A Commercial Development Project with an application that has been deemed complete prior to January 1, 2022;

3. Community land uses which serve the public (such as religious institutions, museums, educational facilities, hospitals, etc.);

4. Reconstruction of any building that was destroyed by fire, flood, earthquake or other act of nature, so long as the square footage does not exceed the square footage prior to the loss; and

5. The housing portion of a Mixed-Use Project.

C. Fee calculation. The Affordable Housing Commercial Development Impact Fee shall be charged on new gross leasable floor area, subject to § 15.06.620 (Conversion).

(Ord. No. 2021-009 § 2 (part))

A. The requirements of this Subchapter may be adjusted or waived if the developer demonstrates that an insufficient nexus exists between the proposed use and the Affordable Housing Commercial Development Impact Fee.

B. The developer shall submit a written request to the Director no later than the date it files its initial development application with the City.

C. The developer shall bear the burden of presenting substantial evidence to support the request and detail the factual and legal basis for the claim, including supporting technical documentation. The developer shall provide such additional information as may be required by the Director to make a determination on the request.

D. The Director shall render a written decision within ninety (90) days after a complete application is filed.

E. The developer may seek review of the Director's decision by filing a written appeal with the City Clerk's Office within ten (10) City Hall business days of the Director's decision. The City Clerk's Office shall coordinate with the Director to schedule the appeal hearing before the City Council.

F. If an adjustment or waiver is granted, any modification to the approved Commercial Development Project shall invalidate the adjustment or waiver.

(Ord. No. 2021-009 § 2 (part))

If the use of a property is exempt from the Affordable Housing Commercial Development Impact Fee at initial construction, but later converts to a use subject to the fee, the gross leasable floor area of the converted square footage will be subject to the fee pursuant to § 15.06.610.A.

(Ord. No. 2021-009 § 2 (part))

The Affordable Housing Commercial Development Impact Fee imposed by this Subchapter shall be collected at the time of the issuance of a building permit. No certificate of occupancy shall be issued for a Commercial Development Project that has not paid the fee required under this Subchapter. All funds generated by the Affordable Housing Commercial Development Impact Fee shall be used to develop and/or preserve housing affordable to moderate and lower income households.

(Ord. No. 2021-009 § 2 (part))