Chapter 19.64 — DEVELOPMENT FEES

This chapter requires the payment of specific development impact fees to ensure that project applicants pay an equitable share of the cost of mitigating the impacts of their project, its occupants and users, on community services and facilities.

(Ord. 01-594 § 2, 2001)

Applicants for new development within the city shall pay the fees identified in Table 4-3 in the amounts set by the city's Fee Resolution, as applicable to the project, except as otherwise provided by Section 19.64.030 (Exemptions). These fees constitute an equitable share of the cost of mitigating future project demands for the identified facilities and services. Applicants shall also be responsible for paying any other fee required by this Zoning Ordinance and or other provision of the Municipal Code. The amount of required fees shall be set by Council resolution.

Notes:

• (1) As used in this chapter, residential developments shall not include hotels, motels, and other transient lodging facilities.

• (2) Applies to common interest developments only.

• (3) Applicants for any new development over 2,500 square feet of gross floor area within the SSP zoning district, that fronts a proposed median along Sunset Boulevard, shall pay a Sunset Median Fund Fee. Developments directly fronting on the landscaped median that existed at the time of adoption of the Sunset Specific Plan (April 15, 1996) shall be exempt from this requirement.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 59, 2003; Ord. 19-1057 § 7, 2019)

The following development projects or portions of projects shall be exempt from the fee requirements of this chapter:

• A. Affordable Housing. Residential developments with more than 25 percent affordable housing dwelling units, except as required per Section 19.38.050 ;

• B. Non-Residential Projects. Non-residential projects proposing the construction or addition of less than 10,000 square feet of non-residential gross floor area. For the purposes of this chapter, the alteration of gross floor area shall be considered "construction" if the value of the alteration exceeds 50 percent of the replacement cost of that floor area, as determined by the Community Development Director;

• C. Private Schools. Private schools which meet the requirements contained in state law (California Education Code Section 48222 ), so that attendance at the school complies with California compulsory education requirements;

• D. Public Facilities. Governmental or public facilities;

• E. Public Schools. Public elementary schools and secondary schools;

• F. Public Transportation. Developments on real property owned by a government transportation agency which are used exclusively for public transportation purposes; and

• G. Non-Profit Organization Facilities. Facilities owned or occupied by nonprofit organizations, organized under Section 501c(3) of the Internal Revenue Code, including educational, charitable, and religious organizations, and which facilities are used primarily for the provision of services to the community.

H. Residential conversion projects, in accordance with Section 19.36.400 . (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 217, 2019; Ord. 21-1160 § 6, 2021; Ord. 24-16, 6/24/2024; Ord. 25-28, 12/15/2025)

• A. Calculation of Fees. The Community Development Director shall calculate the fees required by this chapter at the time of building permit issuance. Fees may be adjusted if the project is changed.

• B. Payment of Fees. The fees required by this chapter shall be paid in compliance with the following procedures:

  1. Non-Residential Projects. The fees required from non-residential applicants shall be paid before the city issues a building permit for the project.

  2. Phased Non-Residential Projects. If a non-residential project will be constructed in phases, and separate building permits will be issued for each phase, the fees imposed in compliance with this chapter shall be calculated on the basis of the gross floor area of the entire project.

The fees may be paid separately for each phase of the project so that the amount paid upon issuance of a building permit shall be the percentage of the total fee equal to the percentage of project's gross floor area allowed to be constructed by the building permit.

3. Residential Projects. The fees required from a residential project applicant shall be paid before issuance of a building permit for the dwelling units on which the fees are imposed. However, if the project contains more than one detached dwelling unit, the fees required for the entire project shall be paid before issuance of a building permit for the first unit.

• C. Fee Adjustments.

  1. Associated Demand. Any person subject to a fee required by this chapter may apply to the Council for an adjustment, reduction, postponement, or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person's commercial or residential development project on the demand for affordable housing, child care facilities, public open space, or transportation facilities and programs in the city and either the amount of the fee charged or the type of facilities to be provided.

  2. Application. There shall be a separate application for each fee adjustment request made in compliance with this section. The application shall be made on forms provided by the Community Development Department and shall be filed with the City Clerk. The application shall state, in sufficient detail as determined by the Community Development Director, the factual basis for the requested adjustment, reduction, or waiver.

  3. Hearing. The Council shall consider a fee adjustment at a public hearing.

• D. Refunds. Upon application, fees collected by the city in compliance with this chapter shall be refunded only under the following circumstances:

  1. Building Permit Expiration. The building permit for the development project subject to the fees expired and no extension has been granted. A written application for refund in compliance with this subsection shall be filed with the Community Development Director no later than 90 days after expiration of the building permit; or

2. Improper Collection. If fees collected in compliance with this chapter are erroneously or illegally collected, a written application for refund shall be filed with the Community Development Director no later than 90 days after the initial payment of the fees in compliance with this section.

• E. Credits for Needed Facilities or Trip Mitigation Measures. An applicant shall be entitled to a reduction in the amount of the fees required by this chapter, in an amount to be determined by the Community Development Director, if the applicant:

  1. Constructs affordable housing, child care facilities or public open space in compliance with guidelines established by the Council, either on- or off-site; or

  2. Implements and administers trip mitigation measures in compliance with guidelines established by the Council.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 218 – 221, 2019; Ord. 24-16, 6/24/2024)