Hawaiian Gardens Municipal Code Ch. 15.36 Growth Requirements Capital Fee

Capital improvements, for purposes of this chapter, means costs related to acquisition of land and improvements thereto, construction of buildings and other facilities, equipment and debt service relating to any of the foregoing.

New development includes all residential, commercial and industrial construction projects except as specifically exempted in Section 15.36.070.

(Ord. 267 § 1, 1983)

This chapter applies to any building permit issued by the City after August 1, 1983.

(Ord. 267 § 8, 1983)

Each new development shall pay a growth requirements capital fee of four percent of the building valuation of that development.

(Ord. 267 § 2, 1983)

Any applicants for a building permit for a new development shall pay the growth requirements capital fee at the same time as payment is made for the building permit fee.

(Ord. 267 § 4, 1983)

The timing and amount of the payment of the growth requirements capital fee may only be altered pursuant to an agreement approved by the City Council.

(Ord. 267 § 5, 1983)

In addition to the fee required by Section 15.36.030, the portion of mobile home developments which do not have a building valuation shall be assessed a fee of $1,500.00 per mobile home space. The fee shall be automatically adjusted annually on the first day of July of each year following the year of adoption of the ordinance codified in this chapter to reflect any percentage increase or decrease in building costs as determined by the construction cost index for Los Angeles for the preceding year as reflected in the periodical, Engineering News Record.

(Ord. 267 § 3, 1983)

Any proposed development which meets the following criteria shall be exempt from paying the growth requirements capital fee:

A. Alterations which do not increase the floor area of a structure; or

B. Additions to single-family residential dwellings which do not constitute the addition of a living unit as defined by the Building Code.

(Ord. 267 § 6, 1983)

All funds received by the City in connection with the payment of the growth requirements capital fee shall be placed in the general fund of the City and may be used for any general government purpose. It is the determination of the City Council that over time the capital improvements contemplated as the basis of this chapter will be paid by the City out of general fund revenues, including funds received from the growth requirements capital fee.

(Ord. 267 § 7, 1983)

In the event the City is called upon to be a party to any tax exempt bond financing for the purpose of providing mortgage revenue bonds or other construction loan financing for residential, commercial or industrial projects within the City, the City may require the payment of the entire growth requirements capital fee attributable to the project from the proceeds of the bonds or other type of financing, at the time the proceeds are paid over to the City or to the redevelopment agency of the City; in the event that the redevelopment agency of the City should sell bonds or other types of financing for the purpose of financing residential, commercial or industrial development, the City may, at its option, treat the redevelopment agency as the developer and require the payment of the fee to be paid directly by the redevelopment agency at the time the agency receives the proceeds of any bonds or other types of financing for the projects. In such event the agency shall pay the amount estimated as the building valuation of the project at the time bonds are issued and in the event the actual valuation differs from the estimate, the City and the agency shall adjust the fee accordingly.

(Ord. 273 § 9, 1983)