Chapter 18.15 — POLICE FACILITIES IMPACT FEE

A.

The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees.

B.

The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities and related costs necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

C.

That the continuing increase in the development of residential and nonresidential construction in the City has created an urgency in that funds are needed for the increased demand for police services and the facilities that support those services which are required to serve the increasing residential and workforce population of the City.

D.

The fees established pursuant to this chapter are derived from, are based upon, and do not exceed the costs of providing additional police services attributable to new residential or nonresidential construction, including: master planning to more specifically identify capital facilities to serve new development; the acquisition of additional property for police facilities; the construction of buildings for police services; the furnishing of buildings or facilities for police services; and the purchasing of equipment and vehicles for police services.

E.

The fees collected pursuant to this chapter shall be used to finance the police facilities and equipment identified in Subsection 18.15.010.D.

F.

Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared. This study is included in the "Public Safety Impact Fee Study" for the City of Long Beach dated August 18, 2006, which is incorporated herein by reference as though set forth in full, word for word.

G.

There is a reasonable relationship between the need for the police facilities and equipment set forth in Subsection 18.15.010.D and the impacts of the types of development for which the corresponding fee is charged.

H.

There is a reasonable relationship between the fee's use and the type of development for which the fee is charged.

I.

There is a reasonable relationship between the amount of the fee and the cost of the facilities and equipment or portion thereof attributable to the development on which the fee is imposed.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A Police Facilities Impact Fee is imposed on residential and nonresidential development for the purpose of assuring that the impacts created by said development pay its fair share of the costs required to support needed police facilities and related costs necessary to accommodate such development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-19-0031 § 1(Exh. A), 2019)

For purposes of this chapter, the words and terms defined herein shall have the meanings stated, unless another meaning is plainly intended. To the extent that the words and terms utilized in this chapter are not

defined herein, but are defined in Title 18 or the zoning regulations, such words and terms shall have the meanings stated therein.

"Accessory use" is as defined in Section 21.15.060.

"Applicant" means the property owner, or duly designated agent of the property owner, for which a request for building permit or construction approval for a mobile home pad is received by the City.

"Calculation" means the point in time at which the City calculates the Police Facilities Impact Fee to be paid by the applicant. Calculation will generally occur at the time of issuance of the applicable building permit or construction approval for a mobile home pad but may occur earlier in the development approval process.

"City Manager" means the City Manager of the City of Long Beach or other municipal officials he or she may designate to carry out the administration of this chapter.

"Collect" or "collection" means the point in time at which the Police Facilities Impact Fees are paid by the applicant. Collection will occur on the date of final inspection or the date a Certificate of Occupancy or Temporary Certificate of Occupancy, whichever occurs first, or in the case of a mobile home pad or pads, collection will occur at or on the date of construction approval is issued.

"Development" means residential and/or nonresidential development to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit for such construction, reconstruction or use. Development also includes the approval and construction of new mobile home pads in existing or new mobile home parks or sites.

"Dwelling unit" or "DU" is as defined in Section 21.15.910.

"Fee-setting resolution" means the City resolution specifying the Police Facilities Impact Fee per dwelling unit or mobile home pad for residential development and per gross floor area for nonresidential development, by type and by location. The Police Facilities Impact Fee set forth in the fee-setting resolution may be revised pursuant to Section 18.15.140 and applicable State law.

"Gross floor area" means the construction of floor area (in square feet) of a nonresidential development measured from the exterior building lines of each floor with respect to enclosed spaces, excluding dwelling units and parking facilities. For purposes of this chapter, the term "enclosed spaces" specifically includes, but is not limited to, an area available to and customarily used by the general public and all areas of business establishments generally accessible to the public such as fenced, or partially fenced in areas of garden centers attached to and serving the primary structure.

"Mixed use" is as defined in Section 21.15.1760.

"Mobile home" is as defined in Section 21.15.1770.

"Nonresidential development" means a development undertaken for the purpose of constructing gross floor area that includes, but is not limited to, commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction.

"Parking facility" means a building or structure, or portion thereof, that provides parking spaces for vehicles; and which may include, but is not limited to, the ancillary facilities such as sidewalks, drainage area, lighting, landscaping, striping, exits and entrances, signage, waiting areas and other related areas or uses as determined by the Director.

"Police Department" means the Police Department of the City of Long Beach.

"Principal use" is as defined in Section 21.15.2170.

"Residential development" means a development undertaken for the purpose of: (i) constructing a dwelling unit or units; or (ii) the alteration or change of use of an existing building or structure that results in new dwelling unit or units and involving the issuance of a building permit for such construction, reconstruction or use, or the construction approval for a mobile home pad or pads.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A Police Facilities Impact Fee fund is established. The Police Facilities Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment related to residential and nonresidential developments as described in this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

There is imposed a Police Facilities Impact Fee on all residential and nonresidential developments as those terms are defined in this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Any person who, after the effective date of this chapter, seeks to engage in residential or nonresidential developments, including mobile home as defined in this chapter, by obtaining a building permit, or construction approval for a mobile home pad or pads, is required to pay a Police Facilities Impact Fee in the manner and amount as set forth in the fee-setting resolution.

B.

No Certificate of Occupancy, Temporary Certificate of Occupancy, final inspection approval or construction approval for a mobile home pad or pads, as applicable, for the activities listed in Subsection 18.15.060.A shall be issued unless and until the Police Facilities Impact Fee required by this chapter has been paid to the City.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

The Director shall calculate the amount of the applicable Police Facilities Impact Fee due as a condition precedent to the issuance, and at any time prior to, the building permit or construction approval for a mobile home pad or pads based upon the applicable impact fee rate as specified in the fee-setting resolution.

B.

The Director shall calculate the amount of the applicable Police Facilities Impact Fee due by:

Determining the number and type of dwelling units in a residential development or mobile home pads in a mobile home park or site and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution per dwelling unit or pad.

Determining the gross floor area, type of use and location in a nonresidential development, and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution per square foot.

Determining the number and type of dwelling units in the residential development portion and the gross floor area, type of use and location in the nonresidential development portion of a building or structure containing mixed uses and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution for each use.

Determining the gross floor area, type of use and location in a building or structure containing mixed uses that include two (2) or more principal uses in nonresidential development portion and multiplying the same by the Police Facilities Impact Fee amount as established by the fee-setting resolution for each use. The gross floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

The City shall collect from the applicant the Police Facilities Impact Fee prior to the issuance of a Certificate of Occupancy, Temporary Certificate of Occupancy, final inspection or construction approval for mobile home pad or pads, whichever occurs first.

B.

Except for an administrative charge that shall be allocated to the Department of Community Development, all funds collected shall be properly identified and promptly transferred for deposit in the Police Facilities Impact Fee fund and used solely for the purposes specified in this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Funds collected from the Police Facilities Impact Fee shall be used to fund the costs of providing additional police services attributable to new residential and nonresidential developments including mobile home and shall include:

The acquisition of additional property for law enforcement facilities;

The construction of new buildings for law enforcement services;

The furnishing of new buildings or facilities for law enforcement services;

The purchasing of equipment and vehicles for law enforcement services;

The funding of a master plan to identify capital facilities to serve new Police Department development; and

The cost of financing (e.g., interest payments) related to Subsections 1 through 5, inclusive.

B.

Funds shall not be used for periodic or routine maintenance.

C.

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Police Facilities Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Subsection 18.15.090.A.

D.

Funds may be used to provide refunds as described in Section 18.15.100.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Any applicant who has paid a Police Facilities Impact Fee pursuant to this chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Police Facilities Impact Fee the development has been modified, pursuant to appropriate City ordinances and regulations, resulting in: (i) a reduction of the number of dwelling units in a residential development or portion of a residential development in a building or structure with mixed uses, (ii) a change in the type of dwelling units, (iii) a reduction of the gross floor area in a nonresidential development or portion of a nonresidential development in a building or structure with mixed uses, or (iv) the applicability of an exemption pursuant to Section 18.15.110. The City shall retain a sum equaling twenty percent (20%) of the impact fee paid by the applicant to offset the administrative costs of refund. The applicant must submit an application for such a refund in accordance with Chapter 3.48. In no event shall a refund exceed the amount of the Police Facilities Impact Fee actually paid.

B.

Any funds not expended, encumbered or obligated by issued indebtedness by the end of the calendar quarter immediately following five years from the date the Police Facilities Impact Fee was paid shall, upon application of the current landowner, be returned to such landowner with interest at a rate equal to the rate of interest earned by the City from the time the fee was paid, provided that the landowner submits an application for a refund within one hundred eighty (180) calendar days from the expiration of the five-year period.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Exemptions. Any claim of exemption must be made no later than the time of building permit issuance or mobile home construction approval. The following uses and types of development specified in this section are exempted from the payment of the Police Facilities Impact Fee:

Nonresidential development.

a.

Construction of a nonresidential building or structure or an addition to an existing nonresidential building or structure of three thousand (3,000) square feet or less of gross floor area.

b.

Parking facilities.

c.

Hospitals as that term is defined in Section 21.15.1370.

Residential development. The exemption provided herein shall not apply to residential tract development, residential development of more than one (1) unit per lot, or to the replacement of a single-family dwelling with more than one (1) dwelling unit.

a.

Construction, replacement or rebuilding of (i) a single-family dwelling (one unit per lot) on an existing lot of record.

b.

Replacement of one (1) mobile home with another on the same pad.

c.

Legalization of an illegal dwelling unit existing prior to January 1, 1964, for which an administrative use permit is approved in accordance with Subsection 21.25.403.D.

d.

Moving and relocation of a single-family home from one (1) lot within the City to another lot within the City.

e.

Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code or "moderate income household" as defined in Section 50093 of the Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for very low, lower or moderate-income households, as applicable, whether as units for rent or for sale or transfer, for the lesser of a period of fifty-five (55) years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any State or federal program providing affordable housing to very low, lower and moderate-income households. The agreement shall be recorded with the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy. The City's Housing and Neighborhood Services Bureau shall be notified of pending transfers or purchases and give its approval of the purchaser's qualifying income status and purchase price, prior to the close of escrow. The City's Housing and Neighborhood Services Bureau shall be notified of pending rentals and give its approval of proposed

tenant's qualifying income status and rental rate, prior to the tenant's occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents, and income certification to ensure compliance. Voluntary removal of the housing restriction or violation of the restriction shall be enforced by the City's Housing and Neighborhood Services Bureau and shall require the applicant or any successor-in-interest to pay the then applicable Police Facilities Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable.

f.

The installation of a replacement mobile home on a lot or other such site when a Police Facilities Impact Fee for such mobile home site has previously been paid pursuant to this chapter, or where a mobile home legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.

Other construction work. Where no additional dwelling unit or units and/or no gross floor area is added, the following construction work is exempt:

a.

The alteration, remodeling, rehabilitation, or other improvements or modifications to existing buildings or structures.

b.

The rebuilding of existing buildings or structures destroyed by fire, flood, earthquake or other acts of God.

c.

The rehabilitation or replacement of existing buildings or structures in order to comply with City mandated seismic safety requirements.

d.

The rehabilitation or replacement of existing buildings or structures destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance; provided however that such destruction was not caused or in any manner accomplished, instigated, motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location.

B.

Credits. Any applicant whose development is located within a Community Facilities District (CFD), and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the development impact fees established by this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-21-0035 § 1, 2021; ORD-19-0031 § 1(Exh. A), 2019)

A.

An applicant may appeal, by protest, any imposition of the Police Facilities Impact Fee by filing a notice of appeal with the City Clerk within ninety (90) days after the applicant pays the required fee.

B.

A valid appeal by protest of the imposition of the Police Facilities Impact Fee shall meet all of the following requirements:

Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Attorney;

Serving written notice on the City including:

a.

A statement that the required payment has been tendered under protest or that required conditions have been satisfied;

b.

A statement informing the City of the factual elements of the dispute and the legal theory forming the basis of the protest;

c.

The name and address of the applicant;

d.

The name and address of the property owner;

e.

A description and location of the property;

f.

The number of residential units or nonresidential gross floor area proposed, by land use or dwelling unit type, as appropriate; and

g.

The date of issuance of the building permit.

C.

The City Council shall schedule a hearing and render a final decision on the applicant's appeal within sixty (60) days after the date the applicant files a valid appeal.

D.

The City Council hearing shall be administrative. Evidence shall be submitted by the City and by the applicant and testimony shall be taken under oath.

E.

The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the Police Facilities Impact Fee pursuant to the express terms of this chapter and applicable State law.

F.

If the Police Facilities Impact Fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Attorney in an amount equal to the Police Facilities Impact Fee calculated to be due, the application for the building permit or mobile home construction approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the Police Facilities Impact Fee calculated by the City to be due unless sufficient and acceptable surety has been provided.

G.

Any petition for judicial review of the City Council's final decision shall be made in accordance with applicable State law and pursuant to Section 18.15.130.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Any judicial action or proceeding to attack, review, set aside, void or annul the ordinance codified in this chapter, or any provision thereof, or resolution, or amendment thereto, shall be commenced within ninety (90) days of the effective date of the ordinance codified in this chapter, resolution, or any amendment thereto.

B.

Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a Police Facilities Impact Fee on a development shall be preceded by a valid appeal by protest pursuant to Section 18.15.120 hereof and a final decision of the City Council pursuant thereto and shall be filed and service of

process effected within ninety (90) days after the hearing on appeal regarding the imposition of a Police Facilities Impact Fee upon the development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A.

Within one hundred eighty (180) days after the last day of each fiscal year, the Police Chief shall evaluate progress in implementation of the Police Facilities Impact Fee program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006 incorporating among other things:

The police facilities and equipment commenced, purchased or completed utilizing monies from the Police Facilities Impact Fee fund;

The amount of the fees collected and the interest earned;

The amount of Police Facilities Impact Fees in the fund; and

Recommended changes to the Police Facilities Impact Fee, including, but not necessarily limited to, changes in the Police Facilities Impact Fee chapter or fee-setting resolution.

B.

Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this chapter or the fee-setting resolution implementing this chapter. Changes to the Police Facilities Impact Fee rates or schedules may be made by amending the fee- setting resolution. Any change which increases the amount of the Police Facilities Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this chapter or the fee-setting resolution establishing Police Facilities Impact Fee rates or schedules at such other times as may be deemed necessary.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

This chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which

shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this chapter.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)

If any section, phrase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof.

(ORD-25-0019 § 1(Exh. A), 2025; ORD-22-0033 § 1(Exh. A), 2022; ORD-19-0031 § 1(Exh. A), 2019)