SR-400-005-24 (5)
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JCilYOf
Santa Monica'"
City Council Report
City Council Meeting: November 28,2006
Agenda Item: :JA.
To:
Mayor and City Council
From:
Eileen Fogarty, Director, Planning & Community Development
Subject:
Introduction and First Reading of an Ordinance Adding Chapter 9.72 to
the Santa Monica Municipal Code to Establish a Child Care Linkage Fee
Program.
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance adding
Chapter 9.68 to the Santa Monica Municipal Code to establish a Child Care Linkage
Fee Program.
Executive Summary
On April 11. 2006 the City Council conducted a public hearing and considered a study
prepared by Keyser Marston Associates which examined the link between development
and the demand for child care services in Santa Monica. Following discussion of the
study and staff recommendations, the Council directed staff to prepare an ordinance
implementing development fees to mitigate the impact of new development on childcare
and made recommendations regarding a Child Care Linkage Program. These fees
provide funds to increase the number of childcare spaces in Santa Monica in direct
relation to the need created by new development. This report presents the proposed
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Child Care Linkage Fee Ordinance. The key elements of the ordinance describe a per
square foot fee for office retail and hotel uses and a per unit fee for residential uses, use
of funds, and implementation criteria.
Discussion
Backqround
When the Council adopted the Child Care Master Plan and Child Care Policy in 1991,
the City set forth a policy and framework to address the existing shortage in child care
facilities for resident and non-resident full time workers. The City Council recognizes
that there is a shortage of child care seNices within Santa Monica and that there is a
connection between new residential and commercial development and the demand for
child care centers to meet the needs of working families. At Council's direction, staff
contracted with Keyser Marston Associates, Inc., ("KMA") in 2003 to study these
linkages. The report was reviewed by the Child Care Task Force in October 2005,
updated in November 2005, presented and reviewed by the Planning Commission in
December 2005 and the Council in April 2006.
The attached ordinance was prepared in response to the key concepts that the Council
discussed and gave direction on at the April 2006 hearing. The KMA study analyzed the
number of children needing child care in relation to workforce statistics for jobs
generated by office, retail, hotel and residential development. The analysis arrived at
the cost of building child care spaces based on current construction costs, land value,
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and building costs of recently constructed child care centers in the region. The resulting
fee amount is calculated as a function of the per square foot cost of constructing child
care centers and the number of new spaces generated by the increase in number of
children produced by workforce families. The recommended fee methodology in this
ordinance would represent a conservative maximum fee level based on the average
between the total project costs as calculated with and without land. The thresholds for
the fee requirement are consistent with the current development review threshold of
7,500 square feet for commercial projects and residential development of multi-family
projects. The fee will be adjusted annually to account for inflation using the construction
cost formula equal to the appropriate Engineering Construction Cost Index escalator.
Fees will be collected on the date final inspection approval is received and prior to
Certificate of Occupancy, and held in a separate account to be dispersed for specific
uses in accordance with the provisions of the Ordinance.
The Child Care Linkage Fee established by the attached ordinance is a development
impact fee based on the project's square footage which is supported by the detailed
nexus analysis conducted by KMA and is subject to the state's Mitigation Fee Act. This
fee is distinct from the Developer Arts Contribution which is a cash equivalent that may
be imposed under the City's zoning authority as an aesthetic land use regulation like
other building design and landscape requirements. As a result, it is recommended that
art be supported by a percent for art ordinance rather than an impact fee.
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Proposed Ordinance
The key elements of the proposed ordinance are as follows:
. Fee Amount: Establishes the Child Care Linkage Fee on a per square foot basis
as follows [Section 9.68.040(a) ]:
Use Per square foot fee
Office $ 5.27
Retail $ 3.77
Hotel $ 2.64
ResidentiallU n it $111.00
For mixed use projects, separate fees are determined per use and the total fee
shall be the sum for all uses in the building.
. Timing of fee amount and payment: The fee is imposed and the amount
calculated at either approval of any discretionary permit, or if there is no
discretionary permit, any subsequent permit up to and including building permits.
The fee must be paid prior to certificate of occupancy. [Section 9.72.040(b)]
. Facilities in Lieu of fees: Sets out the process for the option of building a child
care facility rather than paying a fee. [Section 9.72.040(c)]
. Fee adjustment or waivers: Sets out the conditions and the criteria for fee
adjustment or waiver based on the absence of a reasonable relationship between
the project and its impacts on child care. [Section 9.72.050]
. Accounting: Establishes the separate Child Care Linkage Fee Reserve Account
to be used solely for the purposes of collecting and disbursing the Child Care
Linkage Fee. [Section 9.72.060]
. Use of Funds: Establishes the parameters for the disbursement of funds.
[Section 9.68.070]
. Automatic Annual Fee Adjustment: Automatically adjusts fee annually on July 1,
beginning in 2007, by a percentage equal to the appropriate Engineering
Construction Cost Index. [Section 9.72.080]
. Annual report: Required annual report to be submitted for review by the Council.
[Section 9.68.090]
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. Refunds: Allows projects for which a fee is collected but which are not
constructed to receive a prorated refund within one year of expiration of building
permit. [Section 9.72.100]
. Fee Revision: Provides for the City Council to periodically revise the amount of
the linkage fee or the automatic adjustment by resolution. [Section 9.72.110]
. Implementation Schedule: Applies the fees to all development applications
meeting the criteria for applicability that are determined complete after the
effective date of this Ordinance, (January 29) [Section 2]
Use of Funds
It is anticipated that the fees collected for the first five years will be used for the
construction of the Early Childhood Education Center that is identified in the Civic
Center Specific Plan. When future funds are available for non-City sponsored child care
projects, staff may issue a request for proposal. Criteria and guidelines for
disbursement of the funds through a Request for Proposals process that will be
consistent with the requirements of this ordinance.
Task Force and Planninq Commission Action
In October 2005 the Santa Monica Child Care Task Force reviewed the Keyser Marston
Associates study and forwarded comments to staff. These comments were
incorporated into staff's recommendations presented to the Planning Commission. The
Planning Commission reviewed the study at its December 7, 2005 meeting and
unanimously supported the staff recommendations with additional comments that were
presented to Council, including its recommendation that the fee be imposed on
residential development as well as commercial development.
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Alternatives
Council could re-assess its original direction to staff and consider an alternative
approach based on a lower fee structure, Most cities in California charge $1.00 per
square foot. In 1986, the City of San Francisco was one of the first cities to codify a fee
of $1.00 per square foot.
In researching this option, staff found that although other cities have lower linkage fees,
some communities, such as San Francisco are in the process of updating their fees to
reflect current building costs.
Environmental Analysis
In accordance with CEQA Guidelines sections 15060-15061, staff conducted a
preliminary review and determined that adoption of the proposed Child Care Linkage
Program is exempt from CEQA. CEQA Guideline S15378 (b)(3) provides that creation of
governmental funding mechanisms or other governmental fiscal activities which do not
involve commitment to any specific project which may result in a potentially significant
physical impact on the environment is not a project subject to CEQA. The Child Care
Linkage Fee created by the proposed Ordinance is a governmental funding mechanism
and is not a project as defined in CEQA Guideline S15378. Similarly, the option to
construct or establish on-site child care facilities authorized by the proposed Ordinance
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is exempt from CEQA pursuant to CEQA Guideline S15060(c)(2), in that the option itself
does not involve commitment to any specific project, it is a matter of speculation
whether a developer of a project subject to the proposed child Care Linkage Program
will select the on-site option and, in cases where individual projects select the onsite
option, the project will be subject to CEQA review.
Budqet/Financiallmpact
If these ordinances are adopted, additional revenue will be collected and deposited in
account 01262.407790 that will be designated for the development of child care centers.
Prepared by:
Sarah Lejeune, Senior Planner
Approved:
6--
P. amont Ewell
ity Manager
Attachment: A. Proposed Ordinance
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ATTACHMENT A
Proposed Ordinance
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City Council Meeting 11-28-06
Santa Monica, California
DRAFT
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 9.72 TO THE SANTA MONICA MUNICIPAL
CODE ESTABLISHING THE CHILD CARE LINKAGE PROGRAM, THE CHILD CARE
LINKAGE PROGRAM IMPACT FEE, AND ESTABLISHING AN ADJUSTMENT AND
WAIVER PROVISION
WHEREAS, Santa Monica is a coastal city in a prime location, being bordered by
the City of Los Angeles to the north, east and south; and
WHEREAS, the combination of a scenic oceanside location, excellent climate,
and the ready availability of urban facilities, seNices and entertainment make Santa
Monica an extremely desirable place to live and work; and
WHEREAS, land area of the City is very small - approximately eight square
miles; and
WHEREAS, because the City is fully built-out, land available for child care
facilities in the City, whether by donation or otherwise, is extremely limited; and land
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which could be used for such facilities is unavailable because of the high cost of
development; and
WHEREAS, the City has prepared a study analyzing the linkages between child
care demand and new development in the City, including the relationships between new
construction in the City and the demand for child care, and the costs of mitigating that
demand; and
WHEREAS, the study was prepared in 2003 by Keyser Marston Associates, Inc.
("KMA"), and updated in November 2005 ("Study"); and
WHEREAS, the Study focuses on the relationships between the construction of
new buildings and resulting job growth, new employees with children age 5 or under
needing child care that can be met at or near the workplace, the demand for child care
spaces with the per square foot building area of new construction, and the costs to build
child care facilities prorated in proportion to the demand generated by new construction
type; and
WHEREAS, the Study quantifies the demand for child care space associated
with each square foot of workspace building area of new development and the cost of
mitigation through development of child care facility space; and
WHEREAS, the Study demonstrates that from the universe of each 1000
employees resulting from new construction, the demand for spaces in child care centers
located at or near the place of work is 11.14 infant and toddler spaces and 24.54
preschool spaces, or a total of 35.68 spaces in child care centers; and
WHEREAS, the Study concluded that the cost of developing a child care center
space in Santa Monica is at least $18,500 per space excluding land, and $55,400 per
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space including land, or averaged together, $36, 950; and
WHEREAS, the mitigation cost allocated to each new employee for development
of child care center space is $1,318 (35.68 x $36,950 = $1,318,380 for 1,000 employees
or $1 ,318 for each new employee); and
WHEREAS, the per-employee mitigation cost to building space is based on
density of employment that varies by type of building and activity within it, and the Study
indicates that there are different density factors for office, retail and hotel building types
so that the cost per square foot of new construction to mitigate the demand for space in
child care centers through the construction of new child care spaces is $5.27 per square
foot for office buildings, $3.77 per square foot for retail buildings, and $2.64 per square
foot for hotels; and
WHEREAS, the Study demonstrates that exclusive of workplace demand for
child care spaces, the child care demand associated with residential development for
every 100 households in Santa Monica is 0.3 child care center spaces, the cost to
provide based on the analysis in the Study is $111.00 per household dwelling unit; and
WHEREAS, continued new development which does not include or contribute
toward the cost of child care facilities will only serve to further exacerbate the current
shortage; and
WHEREAS, the lack of child care facilities has a direct impact upon the health,
safety, and welfare of the residents and workforce within the City; and
WHEREAS, requiring developers to assist in the production of child care facilities
is also consistent with the City's long-standing commitment to achieve and maintain a
suitable living and workplace environment for persons at all economic levels; and
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WHEREAS, this municipal commitment conforms with State and Federal policies
recognizing the importance of child care as a societal concern, including but not limited
to local assistance programs and recognition of child care expenditures in the form of
tax credits on personal income tax returns; and
WHEREAS, objectives of the City's General Plan include making Santa Monica a
more child friendly environment by encouraging child-care facilities in fulfilling the City's
role as a regional recreational and business center; and
WHEREAS, commencing in 1981, the City has facilitated the production of child
care facilities through the negotiation of development agreements for large projects, and
continues to operate a number of programs that provide funding for child care center
operations and scholarships; and
WHEREAS, despite this significant commitment by the City, the City's total child
care facility needs exceeds its available resources and the City's ability to meet these
needs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.72 is hereby added to the Municipal Code to read as
follows:
Chapter 9.72
Child Care Linkage Program
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9.72.010
Findings and purpose.
(a) The purpose of this chapter is to assure that
developers of new residential and workplace development
mitigate the increased demand for child care attributable to
and generated by such development projects by contributing
to the creation of an equitable share of child care facility
spaces, and thereby help the City meet its child care facility
needs.
(b) There is a shortage of licensed child care facilities
within the City to meet local needs for child care services.
The causal connection between new commercial and
residential development and the demand for child care
facilities, as well as an estimate of the cost of providing
facilities to meet that demand has been studied and
presented to the City Council by City staff. The information
presented demonstrates that certain new development
projects create an influx of new employees and families to
the City, and thus generate additional need for child care
facilities, creating additional and cumulative impacts on the
system for providing child care. A lack of adequate child
care facilities in the City will have an adverse affect on the
residents' quality of life and the City's economy, as
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employers will be unable to secure employees who cannot
find accessible child care facilities. The increased demand
for child care services generated by new development
projects, unless mitigated, is detrimental to the City's public
health, safety and general welfare.
(c) The public policy of the City, as reflected by the City's
Child Care Master Plan and Land Use Element, is to
encourage child-care facilities, the provision of which
requires a partnership between public and private
participants. The fees and exactions established by this
Ordinance upon receipt shall be used to create new child
care facility spaces in the City by public and private child
care providers to offset the demand generated by new
development projects. The City Council finds that there is a
reasonable relationship between the purpose for which the
fees established by this Ordinance 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 child
care facility or portion of the facility attributable to the
development on which the fees are imposed.
9.72.020
Applicability of chapter.
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The regulations, requirements and provisions of this
chapter and council resolutions adopted pursuant hereto
shall apply to developers of residential, office, retail and
hotel development projects as defined in this Chapter.
9.72.030
Definitions.
The following words or phrases shall have the
following meanings when used in this Chapter:
Child Care Facility. A child day care facility as
defined in California Health and Safety Code Section
1596.76
Child Care Linkage Fee. A fee paid to the City by an
applicant pursuant to Section 9.72.040 of this Chapter in
connection with approval of a project, to contribute to the
creation of child care spaces to meet the increased facility
needs created by increases in population and employment in
the City.
Child Care Provider. An organization which
operates a child day-care facility as defined in California
Health and Safety Code Section 1596.791.
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Director. The Director of Community and Cultural
SeNices Department, or his/her designee, or the Director of
Planning and Community Development, or his/her designee,
as appropriate.
Hotel. Hotel as defined at Santa Monica Municipal
Code Section 9.04.02.030.410 and Motel as defined at
Santa Monica Municipal Code Section 9.04.02.030.515, or
any successor legislation.
Impact Formula. A formula, adopted by Council
ordinance or resolution, to determine the amount of fee due
for each project based on the increased demand for child
care that results from the project and the per unit cost of
meeting that demand.
Office. A structure or portion thereof intended or
primarily suitable for occupancy by persons or entities which
perform, provide for their own benefit, or provide to others at
that location seNices including, but not limited to the
following: Professional, banking, insurance, management,
consulting, technical, sales and design, entertainment or
post-production studios, or the office functions of
manufacturing or warehousing businesses. This definition
shall include, but not be limited to, all uses encompassed
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within the meaning of Section 9.04.02.030.540, or any
successor legislation.
Project. Office, retail, hotel development having a
gross new or additional floor area of 7500 square feet or
more, or residential development of improved or unimproved
land which conforms to development approvals and
requirements of this Code, regardless of the nature of the
project, e.g., developing undeveloped land, converting an
existing use to a different use that increases the demand for
child care spaces, expanding a use. Gross floor area for the
purposes of this definition shall be the same as Section
9.04.02.030.315, or any successor legislation, but shall also
exclude parking area.
Residential Development. Development of a multi -
family dwelling units for a household as those terms are
defined in Sections 9.04.02.030.270 and 9.04.02.030.415, or
any successor legislation, respectively, including but not
limited to multi- family residences of more than one unit,
apartments, condominiums, townhouses or the multi-family
residential component of a mixed use project, for which City
permits and approvals are sought. Residential Development,
for purposes of defining a Project subject to this chapter,
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does not include the following: day care centers; churches,
temples, synagogues, and other buildings or structures used
for religious worship; repair and reconstruction of any
building damaged by flood, fire or other disaster;
governmental facilities; affordable housing units; community
care facilities; senior citizen housing development.
Retail. A business which is engaged in selling goods
or merchandise to the general public and which may provide
seNices incidental to the sale of such goods as defined in
Section 9.04.02.030.345, or any successor legislation.
9.72.040
Child Care Requirement.
For any project defined herein, the developer shall
pay a child care linkage fee or participate in the construction
or establishment of child care facilities in accordance with
the following:
(a) Child Care LinkaQe Fee. Fees shall be computed
as follows:
(1) For Residential Development Projects that
result in the addition of a dwelling unit - $111.00 per
dwelling unit.
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(2) All Office, Retail and Hotel Projects shall pay
the following based on the gross square footage of the
proposed Project: Office - $5.27 per sq. ft.
Retail - $3.77 per sq. ft.
Hotel - $2.64 per sq. ft.
(3) Mixed residential/nonresidential development
the sum of the fee required for each component as set forth
above in sections (1) and (2) of this subsection.
(b) Timinq of Fee Payment.
(i) Fees shall be imposed at the time of approval
of any discretionary permit for a development project subject
to this Chapter or, if the fees cannot be lawfully imposed as
a condition of discretionary project approval, at the time of
any other subsequent permit required for the development to
proceed, including but not limited to building permits. The
project applicant shall pay fees according to the schedule of
fees in place on the date the fees are paid, except that the
applicant for a vesting tentative map for a development
project shall pay the fees in effect on the date the application
for the vesting tentative map is deemed complete.
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(ii) No building permit for any development project
shall be issued unless a contract to pay the fees has been
executed with the Planning and Community Development
Department, and no final inspection shall be approved
unless fees have been paid. For development projects
subject to this Chapter, Child Care Linkage Fees shall be
paid on the date final inspection approval is received and
prior to Certificate of Occupancy. If a residential
development project contains more than one dwelling unit
and is approved for development in phases, the developer
shall pay the fees in installments based on the phasing of
the residential development project. Each fee installment
shall be paid at the time when the first dwelling unit within
each phase of development has received its final inspection.
(iii) For all projects subject to this Chapter, the City
shall require the payment of fees at an earlier time if the fees
will be collected for public improvements or facilities for
which an account has been established and funds
appropriated and for which the City has adopted a proposed
construction schedule or plan prior to final inspection, or the
fees are to reimburse the City for expenditures previously
made.
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(c) Facilities In Lieu of Fees. The developer of a
residential or non residential project may satisfy the
requirement for the payment of fees by agreeing to
participate in the construction or establishment of one or
more child care facilities. Such participation shall be secured
generally as follows:
(1) Type and Cost of Participation. A developer
seeking to satisfy the child care requirements of this Chapter
through participation in the construction or establishment of
new child care facilities shall submit documentation
acceptable to the Director of Planning and Community
Development to support the request for participation in lieu
of fees. The documentation shall establish that the type and
cost of participation including, but not limited to, construction,
rehabilitation of existing structures conforming to license and
zoning requirements, or land or premises dedication, bears a
reasonable relationship to the fee otherwise required in
subsection (a). Construction Cost Indexes, prevailing wage
rates, and the best available index of costs of equipment and
supplies shall be utilized to determine the level of
participation relative to the required fee. In the case of land
or premises dedication, the market value of land or premises
dedicated shall be reasonably related to the fee otherwise
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required in subsection (a). If the actual construction cost or
market value is greater than the required relevant fees, the
City shall have no obligation to pay the excess amount.
(2) Approval of Participation. The Director of
Planning and Community Development, after consultation
with the Director of the Community and Cultural Services
Department, shall determine and approve the type and cost
of participation in the construction or establishment of
facilities.
(3) Verification of Participation. The Director of
Planning and Community Development shall require that the
developer submit a written verification of participation in
meeting these requirements. Said verification shall consist of
documentation sufficient to enable the Director to readily
determine compliance with the provisions of this Chapter.
Upon receipt of documentation sufficient to demonstrate
compliance, the Director shall issue a notice that the
developer has complied with the requirements of this
Chapter.
(4) The Director's determination of the type and
cost of participation in the construction or establishment of
child care facilities pursuant to this Section may be appealed
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to the City Council if such appeal is filed within fourteen
consecutive calendar days from the date that the decision is
made in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.040 of this Code.
9.72.050
Fee Adjustments or Waivers.
(a) A developer of any Project subject to the fee
described in Section 9.72.040(a) may request that the
requirements of this Chapter be adjusted or waived based
upon the absence of a reasonable relationship or nexus
between the impacts of that development and either the
amount of the fee charged, the type of facilities to be
financed, or the type and cost of the facilities to be
established or constructed in lieu of fee through participation.
(b) To receive an adjustment or waiver, the developer
must submit an application to the Director of Planning and
Community Development, or his/her designee, at the time
the developer files a project application. The developer shall
bear the burden of presenting substantial evidence to
support the request and set forth in detail the factual and
legal basis for the claim, including all supporting technical
documentation.
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(c) The Director of Planning and Community
Development shall render a written decision within ninety
(90) days after a complete application is filed. The Director's
decision may be appealed to the City Council if such appeal
is filed within fourteen consecutive calendar days from the
date that the decision is made in the manner provided in
Part 9.04.20.24, Sections 9.04.20.24.010 through
9.04.20.24.040 of this Code. The decision of the City
Council shall be final. If an adjustment or waiver is granted,
any change in use from the approved project shall invalidate
the adjustment or waiver.
9.72.060
Fee Revenue Account.
Pursuant to Government Code Section 66006, the
Child Care Linkage Fee ReseNe Account is hereby
established. The fees paid pursuant to the provisions of this
Ordinance shall be placed into the Child Care Linkage Fee
ReseNe Account and used solely for the purpose described
in this Chapter. All monies in this ReseNe Account shall be
held separate and apart from other city funds. All interest or
other earnings of such ReseNe Account shall be credited to
that Account.
9.72.070
Use of Funds.
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Funds in the Child Care Linkage Fee Reserve
Account shall be expended on the construction and
establishment of child care facilities within the corporate
limits of the City of Santa Monica, exclusive of ongoing
operating expenses and general maintenance. Such
expenditures may include, but shall not be limited to, the
following:
(a) The reimbursement for all direct and indirect
costs incurred by the City for the development of child care
facilities pursuant to this Chapter, including but not limited to,
the costs of land acquisition, planning, legal advice,
engineering, design, construction and equipment.
(b) The reimbursement for all costs incurred by the
City associated with the administration of the Reserve
Account, including but not limited to, audits, and yearly
accounting and reports.
(c) The making of loans at conventional, low, or no
interest, loan guarantees, or grants to child care providers
for child care facility capital improvements, including but not
limited to, land acquisition, planning, design, and
construction (including rehabilitation) which result in the
provision of additional child care facilities.
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9.72.080
Automatic Annual Adjustment
Each fee imposed by this ordinance shall be adjusted
automatically on July 1 of each fiscal year, beginning on July
1, 2007, by a percentage equal to the appropriate
Engineering Construction Cost Index as published by
Engineering News Record, or its successor publication, for
the preceding twelve (12) months.
9.72.090
Annual Report
Except for the first year that this ordinance is in effect,
within 180 days after the last day of each fiscal year, the
Director of the Community and Cultural Services Department
shall make available to the public and submit for review by
the City Council the information required by Government
Code section 66006(b)(1) pursuant to the procedures set
forth in section 66006(b)(2).
9.72.100
Refunds
(a)
If a development permit upon which a child
care linkage fee was collected expires, is vacated or voided,
without commencement of construction, upon request of the
developer, the developer shall be entitled to a refund of the
unexpended child care linkage fee paid, less a portion of the
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fees sufficient to cover costs of collection, accounting for and
administration of the fees paid. The fee payer shall submit a
written request for a refund to the Director of Planning and
Community Development within one year of the expiration
date of the permit. Failure to timely submit a request for
refund may constitute a waiver of any right to a refund.
(b) Fees collected pursuant to this Chapter which
remain unexpended or uncommitted for five or more fiscal
years after deposit into the Reserve Account may be
refunded as provided by Government Code section 66001 (e)
and (f).
9.72.110
Fee Revision by Resolution
The amount of the child care linkage fees and the
formula for the automatic annual adjustment established by
this Chapter may be reviewed and revised periodically by
resolution of the City Council utilizing the best available
information. This ordinance shall be considered enabling
and directive in this regard.
9.72.120
Regulations
The City Manager, or her/his designee, is authorized
adopt administrative regulations or guidelines that are
27
consistent with and that further the terms and requirements
set forth within this Chapter, which is hereby codified in
Article 9, Chapter 9.64 et. seq. of the Santa Monica
Municipal Code or as otherwise designated by the City
Clerk. All such administrative regulations or guidelines must
be in writing.
SECTION 2. This Ordinance shall apply to all development applications meeting
the criteria for applicability as defined herein determined complete after the effective
date of this Ordinance.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Council finds that the adoption of this ordinance is exempt
from the provisions of the California Environmental Quality Act pursuant to CEQA
Guideline ~15378 (b)(3), in that it involves creation of a governmental funding
28
mechanism or other governmental fiscal activity which do not involve commitment to
any specific project which may result in a potentially significant physical impact on the
environment, and CEQA Guideline 915060(c)(2), in that the option to construct or
establish on-site child care facilities authorized by the ordinance itself does not involve
commitment to any specific project, it is a matter of speculation whether a developer of
a project subject to the proposed child Care Linkage Program will select the on-site
option and, in cases where individual projects select the onsite option, the project will be
subject to CEQA review.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. Pursuant to California Government
Code section 66017(a), this Ordinance shall become effective 60 days after its
adoption.
APPROVED AS TO FORM:
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