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SR-400-005-24 ~5A ~ 1\ R B B ~ootPR 11 ZOOt)j PCD :AA:AS F:\CityPlan n ing\Share\COU NC I L \STRPT\2006\CH I LDCARE March 28.doc Council Mtg: March 28, 2006 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Discussion of Analysis and Recommendation to the City Council Regarding a Child Care Linkage Program and Developer Cultural Arts Requirements. INTRODUCTION The City Council directed staff to undertake analyses to assess the impacts that new development has on child care and the arts. In 2003, the economic consulting firm, Keyser Marston was contracted to prepare these analyses, with the intent that if impacts were identified, the consultant would develop a recommendation for fee ordinances or other developer requirements to off-set the impacts of new development on child care and arts. Keyser Marston's reports, The Child Care Linkage Program and Developer Cu/tural Arts Requirements, are included in Attachments D and E respectively. In October 2005 the Child Care Task Force, Arts Commission and Public Art Committee reviewed the two studies and these comments were incorporated into the recommendations presented to Planning Commission in December. The Planning Commission reviewed the studies and unanimously supported the staff recommendations with several additional comments that are discussed under PlanninQ Commission Policy Discussion later in this report. 1 SA llPR 1 1 'OMi This staff report recommends that the City Council receive input, discuss the consultant reports and staff recommendations and give staff direction regarding ordinances to implement a Childcare Linkage Fee and Developer Cultural Arts Requirement. BACKGROUND Beginning in 1981 the City demonstrated its commitment to meeting the child care needs of resident and nonresident workers with the inclusion of child care in the multi use Development Agreement for the Colorado Place I & II in the office district. The City has continued these efforts in six subsequent Development Agreements. 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 document sets forth a goal that the City integrate the child care needs of those who live or work in the community into the City's land use planning process. Similarly, the 1992 Cultural Arts Master Plan and its 1996 update identified the need to off-set development impacts to community cultural resources as the City becomes more built-out. The City has a history of supporting culture and arts in relation to new construction via the City's Public Percent for Art Program which was enacted in 1986 requiring that one percent of public projects be set aside for on-site art. Since 1981, the City has also negotiated at least seven development agreements that have included a public art requirement. The requirement has been satisfied by both the provision of on- site art and payment of a fee in lieu of installing on-site art. 2 The City Council continues to recognize the importance of child care, and arts and culture in the City. The Council directed staff to undertake analyses to assess the impacts that new development has on these resources, and potentially develop fee ordinances or other developer requirements to off-set the impacts of new development on child care and arts in the City. In 2003 the City contracted with Keyser Marston Associates, a consulting firm specializing in real estate and urban economics with significant experience in preparing nexus analyses and advising cities on fee programs, to conduct both the nexus analyses, and, if deemed appropriate, assist in the development of fee programs for both child care and arts. For the arts component of the projects, Keyser Marston was assisted by Carol Goldstein, a consultant with substantial experience in cultural and public art planning. Early in the scoping process with the consultant, it became apparent that the City Council's parallel direction for child care and art would require different analyses for each subject. A number of cities have undertaken a nexus analysis to establish the connection between new development and the need for child care and the establishment of an appropriate child care fee. Therefore, the key task identified for the child care analysis was the development of an appropriate fee based on child care demand and facility costs. 3 In contrast, in establishing an art fee, most cities impose a Percent for Art or Art in Public Places requirement rather than undertake a detailed nexus analysis. The fee imposed is typically one percent of the total building valuation. In Ehrlich v. City of Culver City, 1996, the California Supreme Court upheld an art in public places ordinance. This ordinance mandated that a developer of a project of specified size either pay a fee to the city art fund (1 % of the total project valuation) or contribute an approved work of art of an equivalent value. In this case, the Supreme Court determined that this type of fee was not a development exaction, but was more akin to a traditional aesthetic land use regulation like other design and landscape requirements imposed by cities. The extent to which this decision can be relied upon to support the use of these art fees for a wide range of purposes is unclear, although it is not an uncommon practice among cities. To best respond to the Council's direction, two separate studies were prepared. . The Child Care Linkage Program report analyzes and identifies a mitigation fee responding to increased demand caused by new development. The fee is determined on a per square foot basis or, in some cases, the option to develop child care on-site. . The Developer Cultural Arts Requirements report evaluates other cities' mechanisms for off-setting the effects of new development on the culture and aesthetics of the City, and recommends a similar program but one tailored specifically to the needs of Santa Monica. The developer contribution is based on a percent of building permit valuation to be met either through installation of art on site or via the payment of an in-lieu fee. 4 ANAL YSIS Child Care Linkaqe Proqram Report In creating the data framework for the Consultant's report, City Planning and Human Services staff worked closely with the Santa Monica Child Care and Early Education Task Force. In developing the analysis framework, staff and the Task Force determined that: 1) The study should address the needs of employers and employees as well as residents. 2) The 2000 Census shows a declining trend in very young children in Santa Monica, but a well documented growth in employment. However, because much of the current development in Santa Monica is residential, the report should include an analysis of residential data and identify a potential fee even though Santa Monica may choose not to proceed with a residential fee at this time. 3) The consultant should survey several Westside centers to determine an average cost of developing child care in Santa Monica and its vicinity. A number of scenarios should be considered, including one with land that is donated, and one with shared parking solutions which reduce land costs. In order to accurately evaluate the cost of developing child care the study should look at land value both as part of the total project cost, and separately. A pro-forma development cost for a child care center in Santa Monica should be prepared, using several different assumptions with respect to site acquisition cost. Ultimately, the consultant developed three child care center cost scenarios; (1) a construction cost that does not include land acquisition, (2) a project cost using 2005 land values assuming the necessity of land acquisition, and (3) an average of the two. 4) The consultant should use Santa Monica standards for employment density and also track construction history with employment growth. The study found the number of employees per square foot per building was comparable with national averages. The methodology for determining a per square foot cost relates demand (number of applicable children) to facility costs. The report concludes: 5 . For every 1,000 employees, there is a need for an equivalent of 35.68 child care spaces in a center near the work place. . For every 100 households, there would be a need for an equivalent of .003 spaces in a child care center near the work place and 0.9 spaces in a family child care home. . Based on data from recently developed child care centers in the west Los Angeles area, a fair evaluation of cost per child care space is $18,500 without land acquisition and $55,400 with land acquisition. Translating these findings into a per square foot amount for newly constructed commercial buildings and per unit amounts results in the following figures: Use Without Land With Land Average Office 2.64 7.91 5.27 Retail 1.89 5.65 3.77 Hotel 1.32 3.95 2.64 Residential/Unit 56.00 166.00 111.00 Keyser Marston recommends setting the fee in relation to other project mitigation fees already charged by the City. In addition, as most previous centers have been built on donated or institutional land, and there are limited opportunities remaining for donated sites, the consultant recommends developing an ordinance which uses the average between the project costs with and without land as a conservative maximum fee level. Staff recommends: · That a fee on new residential construction not be included at this time. Because the 2000 census shows a downward trend in the number of young children residing in Santa Monica, the projected amount of mitigation fee per unit is very low. Staff is aware that as the public process for the updated Land Use Element moves forward, there appears to be a desire to create land use regulation that will encourage the development of housing for families, providing potential to 6 reverse the trend. When the 2010 Census is complete, City decision-makers may wish to re-evaluate the need for a residential fee if the census shows an increase in the number of young children in the City. If trends change, the framework for determining the fee will have already been established. . The fee be set in the vicinity of the average cost per square foot as noted above, . Thresholds be consistent with the current development review threshold of 7,500 square feet. . Use of fee money should be as flexible as possible and include the potential for repair and renovation of existing facilities to accommodate additional children. . Use of an escalator formula so that the fee increases with inflation. . Developer fees would be collected at the time of building permit issuance, and held in a separate account to be dispersed for the specific uses as designated by the detailed criteria approved at the time of the ordinance adoption. In crafting a recommendation, staff considered an alternative approach based on a lower fee structure consistent with fees applied in other communities. In researching this option, staff recognized that a lower fee structure would not reflect the true cost of development and result in a significant shortfall between development impact and the mitigation. Developer Cultural Arts Requirement Report The City of Santa Monica has a longstanding and extensive history of adopting regulations, programs and policies which regulate aesthetics of both public and private development and promote the arts and cultural enrichment of the City. In 1974, the City adopted Santa Monica Municipal Code Chapter 9.32 which established standards and guidelines for the review of the aesthetic qualities of new development. As stated in Section 9.32.010, the purpose of this ordinance is in part, "to promote the public health, 7 safety, and general welfare by establishing [procedures and regulations] ... to preserve existing areas of natural beauty [or] cultural importance; to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments and in general contribute to the preservation of Santa Monica's reputation as a place of beauty, spaciousness and quality...." The City has adopted numerous other comprehensive plans and development guidelines which directly promote the City's overall aesthetic and cultural interests and values. The cultural identity of Santa Monica is partly defined by the built environment and the land use policies that allow for a unique mix of cultural resources. This cultural identity is a key component of the City's economic vitality which benefits both from the creative businesses which locate here and from visitors who come to enjoy this creative environment. As development and revitalization of properties take place within the City, land values rise, and cultural and artistic venues and environments can rarely compete for more land in an era of dramatically escalating land costs. The opportunities for creative and artistic resources become diminished, and the City's physical environment is impacted. In light of these circumstances, Council directed staff to analyze the potential for establishing a program that would require private developers to contribute to the arts and cultural enrichment of the City. Among other factors, such a program would be based on the recognition that development of cultural and artistic assets should be supported, in part, by developers whose projects reduce the potential to provide these resources, and be an appropriate aesthetic condition imposed on new development. 8 The impacts of new projects that continue to build out the urban environment can, in part, be mitigated by the provision of public art and other cultural resources. Other Jurisdictions and Analysis of Developer Requirement Programs: Since the requirement to provide either art or a cash equivalent is similar to traditional land use design regulations it is not considered a development exaction. Most cities in California that include a developer fee related to arts and culture choose to implement a "Percent for Art" program. The most prevalent program requires the developer to make a contribution equal to 1 % of the project building permit valuation with either on-site art, or an in-lieu payment to an established trust fund. The consultant's report notes seven California cities that use their in-lieu fees for programs, performing arts, and other non- capital expenditures. Overview of Arts and Culture in Santa Monica: The City has a Cultural Arts Masterplan that was adopted in 1996. In 2005, the Cultural Affairs Division received Council direction to prepare a new Cultural Master Plan. In May, 2005 the City undertook a cultural planning visioning process which consisted of two facilitated community meetings and a comprehensive written survey. Each visioning session was attended by approximately 35 people and approximately 100 surveys were completed. The intent of both the survey and the sessions were to inform the public that the City was embarking on the cultural planning process and to explore community priorities for the arts. One of the themes that emerged from the initial 2005 visioning 9 process was a cultural arts requirement that could maintain the outstanding quality of culture and arts in the City The creation of a new Master Plan will ultimately update the goals in light of the achievement of earlier goals, changing priorities, and the new Land Use Element. As part of the Cultural Master Plan process the City will survey both workers and residents to establish use patterns and unmet needs for cultural resources. This data in conjunction with related use projections will clarify the community cultural needs and priorities. Framework for a Developer Supported Cultural Arts Requirements for Santa Monica: The consultant's report recommends, and staff concurs, that the City implement a Percent for Art Program with: . A percentage of building permit valuation greater than the 1 % standard used by many other cities, . A substantial incentive for participation in an in-lieu fund by reducing the percent contribution if payment is made instead of providing on-site art, . Establishment of a square foot threshold, below which projects are exempt, . Administration by the City's Cultural Affairs Division for review and approval by the Arts Commission and the Public Art Committee, although additional staffing would be necessary to implement this type of program. A percentage greater than 1 % is justified due to two factors. 1) On average approximately 35 percent of the costs for on-site art requirements is devoted to indirect costs such as transportation, installation, consultant services, and insurance. One percent of a five million dollar project would result in a $50,000 arts contribution with likely budget of $32,500 for artist's fee and fabrication. It is difficult to create high quality site-specific works of art of the high standard expected in Santa Monica with a design and fabrication 10 budget of less than $50,000. Some cities are proposing a higher percent to reflect these issues. As an example, the City of San Diego has raised the percentage for City projects to 2% in order to allow for a higher quality of art project; and 2) In Santa Monica, building permit valuation typically represents 50% or less of the project cost. Much of the remaining 50% of the total cost represents land acquisition. Because of the high land value, and in order to be commensurate with other jurisdictions for which the building permit represents a greater percent of the physical project cost, the City could consider a higher percentage. The consultant recommends a discount of 25-50% for payment to the in-lieu fund for several reasons: . The project developer does not realize the re-sale value of installed art if the developer chooses to contribute to the fund rather than place art on-site. . Implementation and administration costs of evaluating the quality and appropriateness of a number of developer proposed art works would be considerably higher than administering a fund overseen by the Public Art Committee and Arts Commission. Staff proposes the following framework for the program: . A percentage contribution of 2% for on-site art and 1 % for an in-lieu contribution. The 2% on-site option reflects the appropriate percentage of building permit valuation in relation to entire project cost (including land) to achieve a high quality art product. The 1 % discount for the in-lieu contribution is intended to both reflect the reduced value to the developer if the art is located off-site, and would also offer the City flexibility in meeting identified community and cultural needs. · 7,500 square foot threshold for commercial projects, and to exempt residential projects of less than five units, but include all projects five units and above, 11 . An administrative process that places Arts Commission review in advance of Architectural Review Board or Planning Commission review. . Use of funds for the development and expansion of community cultural resources not limited to visual art, including development of new cultural facilities, grants to support existing programs and venues, repair and maintenance of existing works of art, and other uses as deemed appropriate. In crafting the recommendations staff considered a number of alternative ways of structuring such a requirement, including using the same percent ratio between onsite art and the in-lieu option. However, in analyzing each of the alternatives in light of both the results of existing programs and the specific circumstances in Santa Monica, staff believes this approach is the most appropriate for the following key reasons: . Ensuring that developers allocate adequate funding for high quality cultural and artistic elements that significantly enhance the public realm. . Encouraging developers that are not committed to developing site-specific artistic or cultural components of their projects to contribute to established community cultural priorities by providing a significant discount for the in-lieu option. Santa Monica is a small city where the contribution to the fund (or funds) could clearly be tied to specific civic projects of a significant scale with city-wide value. . Balancing the higher staff costs associated with administering the on-site requirement with the more limited staff impact of managing the fund(s). . Allowing for the flexibility and community specific nature that are the hallmarks of such requirements in other cities that are acknowledged to have successful programs. Public Input Prior to PlanninQ Commission MeetinQ: Prior to the Planning Commission hearing staff, met with the Child Care Task Force, and the Arts Commission and Public Arts Committee in order to include their 12 commentary on the consultant's reports in the presentation to the Planning Commission. Child Care and Early Education Task Force Discussion: City Planning and Human Services Division Staff met with the Child Care and Early Education Task Force Policy Workgroup on October 10, 2005. The Task Force discussed the following issues: . Fee- The Committee supported the concept and methodology presented in the consultant report. The group recognized that many of the existing Child Care Centers in the City were not required to buy their land, but were concerned that in the future, as the City continues to develop, institutional and donated land will become less available and land purchase will become more necessary. The Task Force has submitted a letter in support of the proposed program. (Attachment A) . Thresholds- The Committee supported the recommendations on a fee for commercial development and the proposed threshold of 7500 square feet to be consistent with the Development Review Standards. . Residential fee-The Committee did not want to recommend that a child care fee be placed on residential development given the very small amount that would be collected. . The Committee wanted to consider tying the fee to a Consumer Price Index escalator similar to the process for the existing Office Mitigation fee in order to ensure that the fee will remain valid in relation to inflation and other changing costs. . A key goal expressed by the Committee was the importance of being able to use the fee to maintain, remodel and rehabilitate existing facilities. This goal is equally important as creating new facilities. . The Committee supported exploring the potential for uSing the fees towards subsidizing enrollment for low income families. 13 Arts Commission and Public Arts Committee Discussion: The consultants made a presentation at a special joint meeting of the Arts Commission and its Public Art Committee on October 17, 2005, The Arts Commission recommended approval of the recommendations presented in the consultant's report. The Arts Commission's Public Art Committee voted separately on a similar motion and also recommended approval. The group was in agreement that 1 % was the appropriate amount for the in lieu fee, but was divided on the issue of what specific percentage should be recommended for on- site art. In addition, based on the discussion of the Child Care Linkage fee recommendations, there was some concern that the percent for arts requirement should not be applied to residential buildings. However, the consultant explained that the requirements were different in concept, and that the large amount of multi-unit residential construction in the City has a clear relationship to the city's overall aesthetic. It is therefore appropriate to apply a percent fee to multi-family residential construction. In addition, the Commission reiterated a long held concern regarding the need for funding to support cultural projects and initiatives that go beyond the visual arts, and its desire to see this requirement address that need. PlanninQ Commission Policv Discussion The Planning Commission discussed the two reports at its December 7, 2005 meeting. There were a number of public speakers who spoke in support of the concepts presented for both the Child Care Linkage Program and the Developer Cultural Arts 14 Requirements. There were no speakers in opposition. The Planning Commission unanimously approved staff's recommendations with these specific additional recommendations: 1) For the Child Care Linkage Program the Planning Commission recommended: . Inclusion of a fee of $111.00 per unit for residential construction as the average between values with and without land as noted in the Consultant's report. The Planning Commission decided to recommend to Council that the fee include residential construction in order to fully support child care for Santa Monica residents, despite the likelihood of a minimal amount to be collected, with the intent that if the trend changes in the direction of more young children residents, the process will already have been established. Staff recognizes the validity of this approach, but based on the input from the Child Care Task Force, as well as concerns about the potential costs for administrating a program with minimal return, maintains the original position of not including the residential fee at this time. · The Planning Commission recommended that staff evaluate the appropriate escalation formula in the same manner as the Affordable Housing Production Program fee escalator. · The Planning Commission deferred the discussion of use of the fee money to the City Attorney's analysis of what is permitted under the statute, . The Commission asked for additional information regarding the current child care vacancy rate to be included in the presentation to Council. Staff has done additional research based on a LA County Office of Child Care 2004 Child Care Needs Assessment (released in January 2006) and a City of Santa Monica survey conducted by phone in January 2006. The LA County survey uses 2004 data, and is based on a set of assumptions such as population data and estimated use of care by type of infants and preschool and the report states that estimating need or demand is difficult because families use child care and development services for a variety of reasons. The LA County data shows the City of Santa Monica zip codes meet 21 percent of the need for infant care and 98 percent of the need for preschool care. The staff phone survey conducted in January 2006 uses current raw data from existing wait lists and arrives at a slightly different 15 conclusion. Consistent with the commitment to meet the need of working families, staff focused the survey on centers that serve infants and are open full day. While the surveys use different types of data, they show a clear demand for the types of child care that serve working families. Of the 47 centers, only 7 serve infants. These centers had 367 children on waitlists for 177 spaces. Discounting by 50% for the likelihood of having a child on more than one list, this data can be interpreted to show that 49% of the infant need is being met. There are 27 centers that are open full day. 23 of these centers responded to staff's request for information. For 1064 preschool spaces there are a total number 434 children on the waitlists. Using the same discount, this data can be interpreted to show that 83% of the need for pre-schoolers is being met. 2) For the Developer Cultural Arts Requirement, the Planning Commission recommended: . The Planning Commission concurred with the staff recommendation for a 2.0% of building permit valuation contribution for on-site art work because of high land value and recognition that building permit valuation in Santa Monica may actually represent less of the total project cost than in other cities, and that the expectation for high quality art requires a commensurate design and fabrication budget. Staff supports the Planning Commission's concept of a higher percentage for the in-lieu fee, while recognizing the benefit of allowing for a significant incentive to provide an in-lieu contribution. The Planning Commission also recommended inclusion of an incentive for developing on-site art by using the development standards in the Zoning Ordinance to allow incentives such as reduced set-backs or increased height, or considering exceptional architecture in return for on-site art. The Planning Commission recommended that these incentives be built into the on-going Zoning Ordinance update. It has been staff's position that because of the difficulty and expense of regulating the quality of art for private developers, it would be preferable to provide a significant incentive for in-lieu contributions. However, as noted by the Planning Commission, certain projects with a significant aesthetic impact that included art in the overall concept and design could make an important contribution to the built environment. Staff believes it would be appropriate to build in incentives that could be applied to projects of significant size and presence rather than promote incentives for all levels of development, and that such an approach could be considered within the context of the Zoning Ordinance update. 16 . The Planning Commission recommended that the administrative process be flexible so that the order of approvals- Arts Commission, Public Art Committee, Planning Commission and Architectural Review Board can remain flexible to address the needs and priorities of a specific project. Staff agrees with the concept of flexibility, but a specific order of approval that can vary by type or size of project where necessary would have to be codified. . The Planning Commission concurred with staff's suggestion that the appropriate range of uses of in-lieu funds remain open for further analysis and discussion, and specific categories be outlined for Council consideration. Potential categories to be considered for in-lieu funds proposed by staff are; . A pre-approved list of high priority community cultural projects as established through the Cultural Master Plan process . Funding of new and renovation of existing cultural facilities, . Contribution to City festivals and events, . Designation of fee to contribute to pre-approved public art works or events, . Conservation of existing works of public art, . Funding of new City cultural programs, and . Grants to cultural organizations. The Planning Commission also voted to include subsidized artist's housing as one of the approved uses for monies collected in the in-lieu fund. The Planning Commission expressed the importance of monitoring the in-lieu process to ensure that there is an appropriate relationship between new development and the art project funded via the fee. Staff believes it would be appropriate to establish a process to tie the uses of in-lieu funds to the priorities defined in the Community Cultural Plan, such as establishment of specific cultural districts. The use data developed during the Cultural Planning process will clarify the appropriate mechanisms. The Planning Commission especially wanted to note in their recommendation to Council that the process for evaluating both on-site art and potential in lieu fund projects be designed to 17 maintain Santa Monica's high standards of artistic and aesthetic value, and be evaluated for public accessibility. Mitiqation Fee Context In order for the decision makers to evaluate the total percent costs delegated to the proposed impact requirements, staff has developed the comparison charts in Attachment B that show development cost for two sample mixed use projects in the downtown and beachfront areas. If the Child Care Linkage fee and Developer Arts Requirement with the in-lieu fee option are implemented as suggested above: . For a sample mixed-use condominium and retail project, the combined Child Care and Arts programs will result in 0.7%, of the total project cost . For a sample mixed-use retail and office project the combined Child Care and Arts programs will result in 1.3% of the total project cost. BUDGET/FINANCIAL IMPACT If these ordinances are adopted, additional revenue will be generated that will be designated for the development of child care centers and community cultural resources. RECOMMENDATION It is recommended that the Council that the City Council receive input, discuss the consultant reports and the Planning Commission recommendations and give specific 18 direction to staff relating to the drafting of two ordinances for a Childcare Linkage Program and Developer Cultural Arts Requirement. Attachments: A. January 18, 2006 letter from the CCTF B. Fee Comparison Chart C. Child Care Linkage Program Report D. Developer Cultural Arts Requirements Survey and Evaluation of Options. Prepared by: Andy Agle, Interim Director, Planning and Community Development Barbara Stinchfield, Director, Community and Cultural Services Karen Ginsberg, Assistant Director, Community and Cultural Services Amanda Schachter, Planning Manager Mona Miyasato, Acting Manager, Human Services Jessica Cusick, Cultural Affairs Manager Paul Foley, Principal Planner Julie Taren, Senior Administrative Analyst, Child & Family Resource Coordinator Sarah Lejeune, Senior Planner 19 ATTACHMENT A JANUARY 18, 2006 LETTER FROM THE CCTF 20 ~ANTA MONICA Child Care & Early Education Task Force TO: Honorable Mayor Holbrook and Santa Monica City Council Members FROM: Santa Monica Child Care and Early Education Task Force DATE: January 18, 2006 SUBJECT: Child Care Linkage Program and Fee Ordinance The members of the Task Force are very pleased that the Child Care Linkage Fee Ordinance, or Child Care NEXUS study as we have referred to it in the past, is nearing completion. As you know, implementation of the Fee Ordinance has been a major goal of the Task Force for many years. We have urged the City to complete this study since 1999, following the controversial Saint John's development agreement in 1998. The experience at that time illustrated the critical need for a clear, consistent policy that could be applied to ensure that funding for high quality child care is included when new development is considered. New commercial/business development must be a partner in providing access to high quality child care and early education for those who live or work in Santa Monica. At our meeting on Wednesday, January 18, 2006, the Task Force reviewed the staff report and reiterated our long-standing support for the ordinance setting mitigation fees for child care and early education. Although the Task Force is not able to comment on the precise amount of the fees imposed, we strongly support the adoption of the Child Care Linkage with one caveat. We are united in our conviction that the fee should not apply to residential development. We request that Council follow staff recommendation to omit this from the final ordinance. Once again, thank you for bringing this study and the resulting Child Care Linkage to the forefront this year. C.C - 80 ~$ OV21 ATTACHMENT B FEE COMPARISON CHART 21 Attachment B (Chart I) Fee and mitigation costs: Comparison between two sample mixed use projects * Does not include parking ** Assuming $450 per square foot total project cost *** Assuming $225 per square foot Building Permit Valuation Residential and Retail- 42,871 sf* Office and Retail- 80,203 sf* 19 Condo units-30,685 sf Retail-13,129 NRA sf 2 affordable units-3,230 sf (includes 4,350 sf restaurant) 4 retail space-S,956 NRA sf Office- 48,488 NRA sf. Total Project Cost** $19,291,950 $36,091,3! Existina Fees Office Miti2ation fee N/A' $391,m Affordable Housing fee $800,264 (per 2005 ordinance) - - Wastewater $31,402 $60,H Water Demand Mitigation $10,005 $18,9t Condominium Tax $19,000 Standard Processing Fees $122,561 $115,0] Existing Fees $983,262 $585,U Proposed Requirements Child Care Linkage Fee $5.27 Office N/A $255, 5: $3.77 Retail $33,742 $ 49,4~ $2:64 Hotel N/A NI Developer Cultural Arts $96,460 $180,4~ Requirement In-Lieu Contribution 1% of Building Permit Valuation"'** Additional Cost of $130,202 $485,41 Proposed Requirements % of Total Project Cost 0.7% 1.3' Total Existing Fees + Proposed $1,113,464 $1,070,6' Requirements C.C - 84 ;...~ "'~ (i I. t' .. .... .1.1(. ATTACHMENT C CHILD CARE LINKAGE PROGRAM REPORT 22 ~( Report Child Care Linkage Program Prepared for: City of Santa Monica Prepared by: Keyser Marston Associates, Inc. November 2005 C.C - 88 [This page intentionally left blank.] " , :::.C - 89 t~ ., TABLE OF CONTENTS ~ Page Executive Summary In'troduction 1 A. Background/Context B. Process C. Report, Organization D. Disclaimers 1 1 1 3 I. Analysis Concept, Parameters, and Methodology 5 A. Overview of the Concept and Methodology B. Analysis Parameters 5 5 1. Building Types 2. Infants, Toddlers, and Preschool Children Only 5 6 C. Capital Costs Only '"~, D. Implication on Use of Fee Monies E. Other Nexus Concept Issues F. Standard of Research and Data on Child Care 7 8 8 9 II. The Demand for Child Care Associated with Workplaces 11 A. Demand Analysis - Starting with 1,000 Employees B. Number of Worker Households Represented C. Employee Households With Children Needing Child Care D. How Child Care Needs are Met 11 12 12 13 1. National Studies 2. California Studies 13 14 E. Child Care Demand - 1,000 Employees F. Demand for Child Care Center Spaces Near the Workplace 15 16 C.C - 90 III. The Demand for Child Care Associated with Residents 19 A. Introduction 19 1. Demand Conclusions Restated 2. Analysis Approaches 19 19 B. A Prototypical Child Care Center in Santa Monica 19 1. Development Space Requirements 2. Land Area Required 3. Development Costs 19 20 21 C. Other West Los Angeles Area Child Care Center Costs 22 1. New Construction 2. Rehabilitation 3. Planned Construction 22 23 23 D. Other Child Care Center Averages (2003) E. Child Care Center Cost Experience in Other High Cost Areas (2003) 24 24 1. Silicon Valley 2. Downtown Seattle ~%. 24 25 F. Conclusion G. A Note on Rehabilitation of Child Care Centers 26 27 IV. Building Development and Linkage Costs 31 A. Construction and Job Growth Linkage B. Jobs and Construction Activity Correlation C. Employment Density D. 1,000 Employees and Building Area E. Child Care Demand and Mitigation Costs Related to Building Area F. Building Area and Child Care Demand 31 33 35 35 36 37 V. Summary of Linkage Analysis and Conclusions 41 A. Demand Analysis B. Mitigation Costs Analysis (2005) 41 42 C.C - 91 r. _ ""'., "\ VI. Materials to Assist in Designing a Fee Program for Santa Monica 43 A. Overview 43 1. Thresholds and Exemptions 43 B. Other Santa Monica Impact Fees and Total Development Costs 44 1. Other Impact Fees 44 2. Land Costs in Santa Monica 44 C. Child Care linkage Programs in Other Jurisdictions 46 D. Child Care Fee Collection Projection 47 1. Commercial Construction 47 2. Fund Capacity vs. Costs 49 E. Santa Monica Development Agreements - Child Care Provisions 49 F. Recommendations for a Child Care Linkage Fee Program for Santa Monica 50 APPENDICES Appendix A - Glossary of Child Care and Development Terms Appendix B - The Demand for Child Care Associated with Residences Appendix C - Other West Los Angeles Child Care Centers Appendix 0 - Child Care Programmatic Expenditures of the City A-1 B-1 C-1 0-1 A. Introduction B. City Expenditures on Preschool Child Care C. City Expenditures on School Age Child Care D. City Scholarship Programs E. Other Expenditures for Child Care and Youth Services F. Summary of Linkage Costs Per Residential Unit 0-1 0-1 0-2 0-3 0-5 0-5 C.C-92 ~ ~ .' List of Tables Table 1 - Demand for Child Care Table 2 - Primary Child Care Arrangements of Employed Parents Table 3 - Distribution of How Child Care Needs are Met Table 4 - Child Care Facility Development Cost Summary Table 5 - Typical Child Care Center Facility Costs (2003) Table 6 - West Los Angeles Pre-School Child Care Centers Survey Table 7 - Seattle Child Care Center Cost Analysis (2001) Table 8 - Estimated Jobs by Building Type Table 9 - Typical Child Care Center Facility Costs Table 10 - Correlation Between Jobs and Commercial Building Table 11 - Commercial Building Activity in Santa Monica Table 12 - Workplace Buildings Mitigation Costs Per Square Foot (2005) Table 13 - Child Care Linkage Programs in Other Jurisdictions Table 14 - Major Projects in Santa Monica: Developer Agreements with Child Care Obligations Appendix Table B-1 - Santa Monica Demographic Profile Appendix Table B-2 - Child Care Demand for Households with Children in Santa Monica Appendix Table B-3 - Primary Child Care Arrangements of Employed Parents Appendix Table B-4 - Child Care Demand by Type of Care in Santa Monica Per 100 Households Appendix Table B-5 - Annual Residential Building Activity in Santa Monica Appendix Table 0-1 - Programmatic Expenditures for Pre-School Children, per Residential Unit Appendix Table 0-2 - Programmatic Expenditures for School-Age Children, per Residential Unit Appendix Table D-3 - Number of Children Eligible for Scholarships and Estimate Costs Appendix Table 0-4 - City Programs for Pre-School and School.Age Children Appendix Table 0-5 - City Scholarship/Subsidy Program Summary Appendix Table 0-6 - City Expenditures for Child Care and Other Youth Services C.C - 93 V' V' " EXECUTIVE SUMMARY The City of Santa Monica directed Keyser Marston Associates, Inc. (KMA) to prepare an analysis of the impacts of new development on child care needs in the City of Santa Monica. The purpose of the analysis and report is to demonstrate and quantify the nexus between new development and child care demand as a basis for charging a child care impact fee on new development in Santa Monica, should the City wish to adopt a child care mitigation program. The City contracted for the report in June 2002 and the report was largely prepared in 2003 with portions updated in 2005; KMA believes that none of the earlier information has changed in a manner that would in any way undermine the conclusions of the analysis. The objectives of the study were therefore as follows: (1) to assemble data and determine whether development of new commercial and residential space impacts demand for child care, (2) to quantify the demand related to newly constructed space, (3) to quantify the costs of mitigating the demand, or the costs to increase the supply of child care facilities in Santa Monica, and (4) to provide information to assist the City in selecting an appropriate fee level. The analysis concludes that construction of commercial space or "Workplace Buildings" (office, retail and hotel, etc.) does increase the need for child care in the city and that new residential construction does not. The main body of this report, therefore, addresses development of commercial space and child care dem~nd, mitigation costs, and fee setting issues. The analysis for residential development and child care demand is provided in an appendix section in addition to other supporting material. Following are the key findings of the analysis. Nexus Analysis for Workplace Buildings . The linkages between the construction of workplace buildings in Santa Monica, the employees who work in them and the demand for care of children while the employees are at work, have been demonstrated find quantified in the analysis. . A widely accepted interpretation of the California Governmental Code is that linkage fees may be used to address capital facilities only, not operational or programmatic costs. As a result, the linkage analysis quantifies the demand for spaces in child care center facilities and the cost of developing new child care center spaces. . Child care centers at or near the workplace meet the child care needs of workers for infants, toddlers and preschool age children. Thus, the workplace analysis addresses these age groups only. 19305,005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Pagei C.C - 94 . An analytical approach is to examine a group or "universe" of 1,000 employees. The demand for child care from a universe of 1,000 employees finds that there are 140.21 children of infant, to~dler and preschool age. The demand for ctlild care spaces near the place of work is 35.68 spaces per 1,000 employees. . A survey was conducted of the cost of West Los Angeles area recently developed and planned child care centers. A cost analysis for a prototypical child care center in Santa Monica was also prepared. The conclusion from the two approaches is that the cost of developing a child care center in Santa Monica is at least $35,000 per space on average in 2003. An update evaluation places the cost of each child care center space in Santa . Monica at $18,500, excluding land and $55,400 including land. When employees are converted to workplace building area using standard density averages, the demand for child care space associated with each square foot of workspace building area can be quantified. In addition, the cost of mitigation through development of child care'facility space is also quantified using the updated 2005 costs as follows: Child Care Center Cost per Sq. Ft. Building Area Densitv Office 250 sq. ft.lEmployee RetaillEntertainment 350 sq. ft.lEmployee Hotel/Lodging 500 sq. ft.lEmployee Excluding Land $2.64 $1.89 $1.32 Including Land $7.91 $5.65 $3.95 Total child care linkage costs are provided with and without land in recognition that some child care centers may be developed on land either donated or already owned by the City. To reflect the mix, an average linkage cost for the two assumptions is recommended for establishing the maximum ceiling. Results are as follows: Office ............................................... $5.27 per sq. ft. Retail/Entertainment........................ $3.77 per sq. ft. Hotel/Lodging .................................. $2.64 per sq. ft. These are the total child Care nexus or linkage costs and represent the ceiling below which the City may set fee levels. Keyser Marston Associates does not recommend that these figures be used for actual fee levels but recommends that the City use these numbers for guidance in considering fee levels. Keyser Marston Associates, Inc. Pageii 19305.005\001-D16.doc, Prepared 2003: Portions Revi..ed 2005 C.C - 95 '" . Additional Information to Assist in Designing a Fee Program The following information is provided to assist policy makers. · The total cost of development of commercial space in Santa Monica might be taken into account in considering fee levels. The cost (in 2003) to develop retail, office, and hotel space in Santa Monica was at least $300 to $400 per square foot, due to high land costs, high density building configurations and parking requirements. The fee amounts likely to be under consideration for child care will have very little impact on total development cost and decisions about whether to proceed with projects in Santa Monica. · A survey of other jurisdictions with child care impact fees has identified 16 cities or counties with programs. Most of these jurisdictions are in Northern California, most were adopted 1.0 or more years ago, and a few fund operating expenses as well as new child care centers. The highest fee in California is $1.15 per square foot of commercial area recently adopted in the City of Palm Desert. Fees of $1.00 per square foot have been adopted in San Francisco, Berkeley, and the City of San Mateo. Seattle has a downtown bonus program that entails a higher amount, roughly $2 per square foot averaged over the total building area. · Fee collection projections have been estimated for informational purposes. If Santa Monica commercial construction continues at the rate of 100,000 to 150,000 square feet of per year, a fee in the $2.50 to $3.50 range would generate approximately $250,000 to $450,000 per year. This revenue would be sufficient to build about 10 new child care center spaces per year, or a new 75 space child care center once every seven or eight years. (This estimate does not take into account any potential exemption for small projects. ) · Over the past 15 years, Santa Monica has included child care requirements in Development Agreements for six large scale projects. The Development Agreements were the result of project specific negotiations and do not reflect a child care mitigation program. The analysis and findings contained in this analysis could be used to apply more consistent mitigation requirements for large projects in the future. Nexus Analysis for Residential Units An analysis was conducted for residential units similar to the analysis for workplace building space. However, a child care linkage fee on residential construction is not recommended at this time due to the lack of growth in the number of preschool children (children under age 5) in Santa Monica, per the 1990 and 2000 U.S. Census. 19305.005\001-016,doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page jij C.C - 96 .... '-' .,. An analysis of the child care facility costs associated with each residential unit plus programmatic costs based on current City expenditures was conducted for informational purposes. Should the City wish to pursue a linkage program in the future, or use the information for other purposes such as for the negotiation of development agreements, the findings may be . useful to the City. The child care facility linkage cost is quantified, using 2005 costs, in the same manner as with the workplace buildings. The cost of each child care center facility space, with and without land, is applied to the conclusion that there is demand for 0.003 child care spaces per residential unit, Child Care Cost excluding land Child Care Cost including land Average $56 Per Residential Unit $166 Per Residential Unit $111 Per Residential Unit For informational purposes, the program costs per child were calculated. Following are the City funded program costs allocated to each residential unit in Santa Monica. These costs cover all children up through high school age. Child Care and Youth Service Costs Cost per Residential Unit City Assistance to Pre-School, School-age Programs and Scholarships * . Other City Expenditures for Child Care and Youth Services* Total Per Residential Unit $581 $2.640 $3,221 *From 2002103 Budget, City of Santa Monica KMA Recommendations · Based on all the factors summarized in this report, KMA suggests maximum fees in the range of the average for each building type: Office $5.27, Retail $3.77, Hotel $2.64 · KMA does not recommend establishing a fee for new residential construction at this time. · For consistency, we recommend the same thresholds as with other standards or impact fees. The threshold for Development Review is 7,500 square feet. The Housing and Open Space Fee has lower fees below a 15,000 square foot threshold. The City may wish to reconsider all thresholds at this time. Keyser Marston Associates, Inc. Page iv 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 ::.C - 97 !~l ~ INTRODUCTION A. Background/Context The following report analyzing the linkages between child care demand and new development in the City of Santa Monica has been prepared by Keyser Marston Associates, Inc. (KMA) pursuant to Santa Monica City Council direction, and the ensuing contract dated June 26, 2002. The report was prepared in 2003, with portions updated in 2005. This report covers a range of topics related to establishing and quantifying relationships between new construction in the City and the demand for child care, and the costs of mitigating that demand. The City of Santa Monica has a history of supporting both the supply and quality of child care within the City. The City has played an active role in funding and assisting various projects, programs and activities for the children of City residents, and children who attend school in the City. In 1991 J the City adopted a Child Care Master Plan, which identified the possibility of exploring the relationship between new development and increased demand for child care services, and thus the possibility of establishing a development fee that would mitigate the cost of the increased demand. This report summarizes the work program designed to meet the Council's objective. B. Process The City's Child Care and Early Education Task Force met with KMA personnel several times over the course of the work program. The Task Force provided direction and generally acted as a "sounding board" as findings and early recommendations emerged. KMA ~taff also met extensively with City staff groups from Planning and Human Services Divisions throughout the work program. In addition, KMA and City staff met with representatives from the City Attorney's office to discuss legal directives related to impact fees .and California . . State Law. This report presents the data, analysis, and professional recommendations resulting from all of these sources. C. Report Organization This document contains the linkage analysis for Workplace Buildings (office, retail, hotel) and a section providing materials to assist policy makers in deliberating fee levels and other linkage program terms. Sections I through IV, as described below, contain the analysis and report to meet the needs of AB1600, as contained in Section 66000 of the California Code. 19305.005\001-016.doc. Prepared 2003; Portions Revised 2005 Keyser Marston Associates. Inc. Page 1 C.C - 98 The report is divided into five sections as follows: . Section 1- outlines the concept and legal framework and summarizes the analysis parameters and the methodology for conducting the analysis. Major assumptions underlying the analysis are also provided in this section. . Section 11- presents the demand linkages for workplace buildings, starting with a given universe of employees, the incidence of children in various age groups, a discussion of how child care needs are met and, finally, the demand for child care center space near the parent's place of work. . Section 1/1 - addresses the costs of mitigating child care demand through adding physical capacity in new child care centers. This section focuses on the capital cost of developing new child care centers in -Santa Monica, based on both recent experience and an examination of the cost components. . Section IV- links the findings regarding demand for child care to the findings re~arding mitigation costs (Section \I with Section III) relative to various types of buildings including office buildings, retail buildings, and hotels. The conclusion of Section IV provides total , . child care linkage costs per square foot of building area (for commercial buildings). This is the maximum amount that can be charged per square foot to mitigate new child care facility demands, per this analysis. . Section V - is a brief recapitulation of the analysis and conclusions contained in Sections \I through IV. It provides a summary of the major steps for linking employees to demand for child care center spaces near the work place to the cost of developing the new spaces. . Section VI - presents some considerations and data to assist policy makers with decisions about setting fees and designing a linkage program for Santa Monica. Topics include fee amounts in the context of total development costs, other impact fees in Santa Monica, potential funding generation, and child care linkage programs in other jurisdictions. Unlike the prior sections, the material in this section does not address linkage per se. An Appendix section provides the residential analysis and other supporting material, including a glossary of terms used in this report. An Executive Summary precedes the main report document. Keyser Marston Associates, Inc. Page 2 C.C - 99 19305.005\001-Q16.doc. Prepared 2003; Portions Revised 2005 ... D. Disclaimers The analyses in this report have been prepared using the best and most recent data available. Secondary sources, such as the U.S. Census 2000 and surveys by the Urban Institute, were extensively used. Local information from the City of Santa Monica was also utilized whenever it was available. While KMA believes these sources of data are sufficiently accurate for the purposes of the analyses, KMA cannot guarantee their complete accuracy. As a result, KMA assumes no liability for conclusions drawn from these sources. This report was originally prepared in 2003. Portions have been updated to reflect increases in land value and other adjustments. KMA believes that none of the earlier information has changed in a manner that would in any way undermine the conclusion of this analysis. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 3 C.C - 100 C.C - 101 [This page intentionally left blank.) Keyser Marston Associate~. Inc. Page 4 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 .. SECTION I - ANALYSIS CONCEPT, PARAMETERS AND METHODOLOGY A. Overview of the Concept and Methodology This report summarizes the analysis and findings of the linkages between commercial construction and impacts on child care demand, as well as additional information of interest to policy makers in designing a linkage program for the City of Santa Monica. The basic concept is a series of linkages that moves from construction of new buildings to new employees, new employees to families with children age 5 or under, to the number of children needing child care, to those with needs that can be met at or near the workplace. The conclusion of the impact analysis is the need or demand for child care spaces in relation to building area, or per square foot building area. The cost to mitigate the impact is the cost to build a child care facility prorated in proportion to the demand generated. An approach used in this analysis is to analyze a group or "universe" of 1,000 employees that is applicable to the workers in all types of workplace buildings in the analysis. There is no suitable database that enables a differentiation as to how the employees in different types of buildings have different child care needs. The universe of 1,000 workers is selected because it enables the analysis to quantify children and child care in readily understandable whole numbers, rather than the very awkwaP'd fractions that an analysis on the per employee level would entail. At the end of the analysis, the findings are translated to costs per square foot of building area, to express a "linkage cost" or maximum fee level supported by the analysis. Using U.S. Census information, a demographic analysis is conducted on the employees to determine what share have children of preschool age or under and what share of those have need for child care due to working parents (both parents work if a two-parent household or a single parent who is working). For the analysis of workers in Santa Monica, the demographic profile of Los Angeles County is used, since. workers in Santa Monica come from all over the greater area and are more likely to have a demographic profile similar to the County as a whole than to the residents of Santa Monica.. B. Analysis Parameters 1. Building Types The analysis is conducted for three major workplace building types - office, retail and hotel. These three types are short name versions of broad categories. The key variable in the definition is similarity of employment density. Office is inclusive of R&D (of the type likely to be drawn to Santa Monica), and also entertainment industry production space. Employment density 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 5 C.C - 102 '"' .. is assumed similar to the density factors utilized elsewhere in Santa Monica applications, such as for parking analysis. The retail categories are more broadly inclusive of restaurants, bars and entertainment facilities, including cinemas and other commercial entertainment venues. Retail density is generally more varied than office density, and covers the spectrum from high volume small eating outlets to furniture stores where employment density is far less. The 350 square foot average per employee is an average of this broad spectrum. Hotel categories cover the range of lodging types, including resorts. The major employment density variable with hotels is the service level. Given the high room rate structure of the Santa Monica hotel market, most newly developed facilities will have a high service level, probably higher than the one employee per room average used in the analysis. In applying a fee program to hotel space, the City has the option of treating all space within the hotel equally or of separating out retail, restaurant and office areas for different fee levels. 2. Infants, Toddlers and Preschool Children Only The analysis must focus on the child care services relevant to the various building types addressed. For workplace buildings, including office buildings, retail projects and hotels or other lodging, the relevant child care is related to employees who need child care while at work. For purposes of this program, this means child care at or near the workplace (as opposed to near home). Essentially, this limits the universe to child care for infants, toddlers and preschool children; child care at (or near) the workplace is usually no longer a viable option once the child is in school, unless the school is close by. Most workers enroll their children in school in their home community or near their place of residence. It is known that some workers in Santa Monica do enroll their children in Santa Monica schools despite living in another jurisdiction. From a conceptual standpoint, these children and the cost of mitigating their demands on the before and after school facilities and programs in Santa Monica schools could be included in the analysis. KMA and City staff agreed not to include them due to the following considerations: · If the children of non-resident workers in Santa Monica were included in the analysis, it would be necessary to assemble data on children enrolled in Santa Monica schools, by age and grade level, who are there because their parents work in Santa Monica (as opposed to living outside the City and selecting Santa Monica schools for some other reason). · Of the children enrolled in Santa Monica schools who meet the above criteria, it would be necessary to sort for (or identify the share of) children whose parents work in Keyser Marston Associates, Inc. Page 6 19305.005\001-016.doc. Prepared 2003; Portions Revised 2005 C.C - 103 commercial buildings as opposed to governmental or other types of structures not included in the analysis. · Of the children who meet the above criteria, the analysis would then need to quantify all non-resident workers in commercial structures who enroll their children in Santa Monica schools as a share of all workers in these buildings. KMA believes this would be a very, very small share. · Of those children quantified from the previous step, the analysis would apply the cost of increasing the capacity of facilities used to accommodate the before and after school programs. · The result of the analysis would be a very small addition to the total linkage cost conclusion. In addition to the technical requirements of including school age children in the analysis as summarized above, there may be policy issues as well. For example, if the school related linkage cost were included in the analysis, then the City would be obligated to expend a portion of linkage fee monies on school related facilities at some point. This could dilute limited resources for building new child care centers. C. Capital Costs Only The child care linkage program being explored for the City of Santa Monica is an impact fee program, with possible alternatives to paying a fee. As such, the program will need to meet the requirements of the Mitigation Fee Act, AS 1600 as written into California Government Code, Section 66000 and following. The generally accepted interpretation of the Code language is that impact fees in California can be levied to fund capital projects only. This means that only the costs of developing child care facilities may be used in determining impact fee amount. Also, collected funds may only be used for capital development. Some jurisdictions have interpreted the law to allow other types of costs, such as programmatic costs, to be part of a linkage program. Examples include operating subsidies for child care centers, programs to assist lower income households in affording child care (such as Santa Monica's "scholarship" programs), programs to improve the compensation and benefits of child care workers, and so forth. It would be desirable to include these costs in a child care linkage program, but a broader interpretation of the law would be required. Appendix 0 presents an analysis of residential linkage that includes programmatic expenditures. In summary, this analysis focuses on demand for new child care facility space and the costs of providing new space. 19305.005\001-016.doc, Prepared 2003: Portions Revised 2005 Keyser Marston Associates, Inc. Page 7 C.C - 104 D. Implications on Use of Fee Monies The calculation of impact mitigations and design of fee programs must be consistent with the expenditure of collected fee revenues. If the City designs the impact fee based on demand for child care facilities, the City can only spend impact fee revenues on increasing the supply of child care facilities. Furthermore, impact fees generated by the development of new workplace buildings (fees on new construction) must be spent to mitigate child care demands associated with workplace buildings. This translates to increasing the supply of child care facilities for people who work in Santa Monica. Such facilities probably need not be restricted exclusively to workers, any more than existing child care centers are restricted to residents. E. Other Nexus Concept Issues The nexus analysis yields a causal connection between the construction of new buildings and the need for additional child care, a connection that is quantified in terms of the number of child care spaces and the associated child care facility costs. The analysis and the nexus established by the analysis do not address existing child care shortages; the analysis addresses only new demands for child care associated with the construction of new workplace building area and new residences. The analysis should not be construed to suggest that development is the only cause of child care supply problems; nor should it be construed to suggest that the development community should bear the full cost of addressing child care facility supply. An ordinance that implements the linkage program by levying a fee would be one component of a comprehensive program to address child care needs in Santa Monica. There are several fun.damental concepts and assumptions that are important underpinnings to the nexus concept and methodology. Following is a brief summary of these concepts and key assumptions. · The relationship between construction and job growth in Santa Monica and the Los Angeles region is fundamental to the workplace buildings nexus. While employment growth does not occur due to any single cause or generator, construction of new workspaces does playa critical role in enabling growth to occur. Construction encourages growth, particularly in conjunction with the political and regulatory environment. Finally the provision of workplace buildings is a condition precedent to job growth and therefore bears a unique relationship to growth. Keyser Marston Associates, Inc. Page 8 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 105 · The analysis assumes that new child care facilities are not being added to the supply in sufficient quantities to meet new needs. Surveys conducted by the City confirm that shortages are prevalent. · The nexus analysis counts only "direct" employees, or employees that work within a building. Office, retail and hotel buildings are all serviced by a range of additional employees such as janitorial, security services, window washers, landscape maintenance personnel, etc. These employees are not counted in the analysis nor are indirect impacts on employment, such as rnight result from purchase of supplies, or food for a restaurant, etc. To be conservative, no multipliers or recognition of the multiplier effect of new developments is accounted for in the analysis. Construction employment is also not factored into the analysis. F. Standard of Research and D~ta on Child Care Child care as a concern of society and government has only come to the forefront in recent decades and many child care advocates would argue it is not yet enough at the forefront. The State has a licensing program, the federal government recognizes child care expenditures in the form of tax credits on personal income tax returns, and there are a number of federal, State and local assistance programs. On the non-governmental side there are a number of child care research and advocacy organizations working to advance child care. In addition, there are the child care provider associations, both for profit and non-profit. These entities all make valuable contributions to the data and "literature"'on the state of child care in the U.S. today. However, in contrast to housing or employment where the federal government has played an active role for well over half a century, the state of child care data in the form of widely accepted governmental surveys is limited and lags far behind. As a result, U.S. Census data had to be supplemented by research findings from non-profit research institutes and other organizations. KMA believes the data used in this analysis is sufficiently reliable for the purposes for which it is used. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 9 C.C - 106 [This page left blank intentionally.] Keyser Marston Associates. Inc. Page 10 19305.005\001-016.doc, Prepared 2003; Portions Re\i:red 2005 C.C - 107 .... ~ SECTION II - THE DEMAND FOR CHILD CARE ASSOCIATED WITH WORKPLACES Placing child care centers in workplace locations such as downtowns, in business parks and other employment centers is still a pioneering concept in the United States. The vast majority of child care centers are located in residential areas or near residential neighborhoods. However, experience and in depth surveys have borne out that parents generally prefer work located child care solutions for infants, toddlers, and preschool children when they are available, affordable and of comparable quality to other child care center alternatives. In fact, there are significant benefits to all parties. including: · Child and the Family - More time with the child during the commute and at break time; less. time required than taking a child to a center elsewhere. · Employer,... Better morale; enhances recruitment among employees; decreases absenteeism, tardiness, and turnover. · Developer - A marketing advantage to enhance project attraction vis-a-vis the competition; improves leasing. · Community - Improves the image of the community as a good place for families and business together. · Traffic Reduction and Air Quality Improvement - Studies have found that, on average, families drive fewer miles if they can take their children to child care at work than if they use child care centers elsewhere. Because of these benefits, many of the child care facilities located near workplaces have been built voluntarily by the private sector. Some firms with large numbers of employees provide child care centers to accommodate worker needs and enhance workforce attraction. Developers of large projects for multiple tenants sometimes add child care centers to attract tenants and add value to their projects. A. Demand Analysis - Starting with 1,000 Employees The methodology used in this analysis quantifies the demand for child care associated with a universe of workers. For ease of analysis and understanding, a universe of 1,000 workers was used. A universe of this size avoids having to describe children and child care needs in terms of tiny fractions carried out to four to five decimal places. . The major source of data is the U.S. Census 2000. Since workers in Santa Monica are drawn from all over the Los Angeles area, Los Angeles County population characteristics are deemed more appropriate than the characteristics of Santa Monica residents. Because the U.S. Census 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 11 C.C - 108 provides only limited information on how families meet their child care needs, other national surveys are utilized as documented throughout. B. Number of Worker Households Represented The first step translates the number of employees or workers to worker households. This step recognizes that most households have more than one worker. Double counting of two-parent households is therefore avoided. The factor of 1.44 workers per worker household was determined from the Census by taking the number of workers living in Los Angeles County and dividing them by the number of worker households in Los Angeles County. Worker households factor out or eliminate households comprised of retired or elderly people, households comprised of students, households of people on public assistance, and other types of households that do not contain workers. Conclusion: The universe of 1,000 employees is reduced to 694.11 employee households. (1,000 divided by 1.44 = 694.11) C. Employee Households with Children Needing Child Care The next three steps calculate the number of children needing child care. The calculations are shown in Table 1 and described below. Table 1 Demand for Child Care Per 1,000 Employees or Per 694.11 Employee Households Ages 0-2 Total Step 1. Employee Households with Children in Age Categories Factor Number 13.56% 94.11 Step 2. Employee Households Needing Child Care (Parent(s) work) Factor Number 56.47% 53.14 Step 3. Children Needing Child Care (Adjusts for more than one child in age group) Factor 1.27 Number e7.51 1 Five year old children from the Census data are distributed at 50% to the 3-5 year age group. Source: U.S. Census, Los Angeles County 2000 Ages 3-5' 12.83% 89.07 183.18 68.45% 60.97 114.11 1.19 72.70 140.21 Step 1: The first step is based on the incidence of worker households having children in each of the preschool age groups. Half of the five year olds are included in the age 3-5 preschool group Keyser Marston Associates, Inc. Page 12 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 109 and half are assumed to be enrolled in kindergarten and no longer a candidate for child care near the parent's workplace. The age 0 to 2 group actually covers three years: under age 1, age 1, and age 2, or the infant and toddler groups. The age 3 to 5 group covers only two and a half years since only half of the five year olds are counted. This assumption is from the Urban Institute, Assessing the New Federalism series, discussed below. Step 2: The second step factors out the share of the households with children that have all parents working. These are both two-parent households with both parents working and single parent households with one parent working. As to be expected, the percent increases as children get older. These are households with children needing child care. Step 3: The last step adjusts for the fact that some of these households with children needing child care include more than one child per age group who needs child care. Conclusion: From the universe of 1,000 workers, there is a demand for child care for 140.21 children. D. How Child Care Needs Are Met The next steps in the analysis address how child care needs are met. For this portion of the analysis, the U.S. Census does not provide adequate information. To obtain the best and most recent surveys on this question, KMA conducted a literature search and consulted organizations concerned with the analysis of child care needs. 1. National Studies On a national level, the best data for this analysis purpose appears to be assembled by the Urban Institute, Assessing the New Federalism series. One publication in particular, entitled Primary Child Care Arrangements of Employed Parents: Findings from the 1999 Survey of America's Families, Occasional Paper Number 59, May 2002 was the best source for this purpose. The surveys in this series draw from a large national scope and have been updated periodically since the early 1990's. Some special report~ in the series have focused on specific age groups; other surveys have tracked differences among states. Table 2 presents key findings of interest from the above survey. Figures are provided for both the national average, and for California. In California, use of child care centers appears to be lower than the national average. The differences are believed to be a function of availability, affordability and to some extent cultural differences. The two columns on the right refer to above and below 200% Federal Poverty Level (FPL), which for a family of four is an extremely low income level by California standards. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 13 C.C-110 . ... Table 2 Primary Child Care Arrangements of Employed Parents CA - Below CA - Above U.S. CA 200% FPL * 200% FPL* Parent 27% 31% 45% 25% Relative 27% 27% 25% 28% Child Care Center 28% 22% 17% 24% Family Child Care Home 14% 13% 10% 15% Nanny/Other 4% 7% 3% 8% *Federal Poverty Level is approximately $18,400 for a family of four, 200% is $36,800 per year. Source: Urban Institute, Primary Child Care Arrangements of Employed Parents: Findings from the 1999 Survey of America's Families, Occasional Paper Number 59, May 2002. The most notable finding is that more than half of all families use either ~. parent or a relative to meet their child care needs. Since the survey is of families with working parents, the solution for many families is for parents to either work different shifts or hours, or to take a child to work. Use of relatives to tend for children is a solution for another very large proportion of families as well. Nationally, the two arrangements combined represent 54%, and 58% in California. The U.S. Census has done some surveys on child care,. such as the Who's Minding the Kids? Child Care Arrangements, Spring 1997 (p. 70-86), but this study covers all child care arrangements used. by parents and does not single out the primary arrangement. As a result it is not possible to identify the primary arrangements among working parents and to sort out a useful distribution of among child care options based on Census information. 2. California Studies A few studies in California have. addressed the question of how child care needs are met and have found similar results to the national stud.ies. One report prepared by the UCLA Center for Healthier Children, Families and Communities, entitled Public Opinion on Child Care and Early Childhood Education, California 2001, prepared for the California Children and Families Commission, found that approximately 26% of children 0 to 5 years were in child care centers. Selected findings from this report include: · The primary child care arrangement varies by parent education, parent ethnicity, family income, and children's age. · Children in families with higher incomes or whose parents have greater educational attainment are more likely than other children to be in center-based care/preschool. For Keyser Marston Associates, Inc, Page 14 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C-lll example, the primary arrangement is a private preschool or center for 33% of children in families with household income of $75,000 or above and for 13% of children when the household income is below $75,000. · Younger children are more likely than older children to be cared for by their parents or to be in home-based arrangements. This is particularly true of infants. Older children, ages 3 to 5, are more likely to be in center-based care. · Meeting child care needs sometimes varies byethnicity. For example, a larger percentage of Hispanic children (24%) than non-Hispanic children (16%) are cared for by a relative. The report covers a number of topics related to parental attitudes toward. child care arrangements, importance of learning activities offered, affordability and government assistance availability and so forth. As an overview statement, the report findings contribute to the general recognition that center-based care offers a better learning environment than most alternatives but that affordability is a major obstacle. E. Child Care Demand - 1,000 Employees Drawing from the findings of the above surveys, national figures are utilized as a conservative estimate of demand among the child care arrangements for persons working in Santa Monica. The estimates are conservative in the sense that it is likely that the percent who would use child care centers were they available and affordable is understated. Were child care centers available and affordable, the literature strongly suggests that a large share of those who use parents and relatives would use child care centers and Family Child Care Homes. Needless to say, nanny and baby sitter arrangements are typically least affordable to most workers. Table 3 indicates, by age level, the distribution of child care arrangements for the universe of 1,000 employees in Santa Monica. The first line in the table is drawn from Table 1, Demand for Child Care. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 15 C.C - 112 . " Table 3 Distribution of How Child Care Needs are Met Ages 0-2 Ages 3-5 Children Needing Child Care (Table 1) 67.51 72.70 How Child Care Needs Will Be Met Parent/Relative 54.00% 35.00% Child Care Center 22.00% 45.00% Family Child Care Home 17.00% 14.00% Other 7.00% 6.00% 100.00% 100.00% Child Care Center Factor 22.00% 45.00% Number 14.85 32.72 Total 140.21 47.57 Sources: US Census 2000; Urban Institute Primary Child Care Arrangements of Employed Parents: Findings from the 1999 Survey of America's Families, Occasional Paper Number 59. May 2002. Conclusion: The demand for child care spaces in child care centers associated with a universe of 1,000 employees is 14.85 infant and toddler spaces and 32.72 preschool spaces, or a total of 47.57 spaces in child care centers. F. Demand for Child Care Center Spaces near the Workplace The last step in the analysis is an allocation of the child care center space demand to two generic locations - near place of work or near place of residence. There is limited availability of good survey information to enable a split between demand for home based or work based child care. Current experience is a poor guide because there is so little work based child care available. The UCLA study referenced earlier contained a helpful finding on this question. · "Relatively few parents say they use employer based child care arrangements [because so few are available]. However, about 76% of parents report that they would be either very likely or somewhat likely to use a child care service offered at their place of work, and 62% say they would use it on a regular basis." This finding is from a survey of parents using all types of child care arrangements, not of those using only child care centers. Thus, the p~rcent of those using child care centers who would prefer them at place of work would presumably be far higher. However, there is another distinction in that "employer based" implies at the workplace location (as opposed to near the Keyser Marston Associates, Inc. Page 16 19305.005\001-016.doc. Prepared 2003; Portions Revised 2005 C.C - 113 workplace as is the analysis focus here) and may imply for some, an employer role in cost contribution. Other surveys confirm a high level of preference for child care located near the workplace for the preschool child, for reasons indicated at the beginning of this section. Most of the surveys and research on this subject do not conclude with quantified distribution of demand. Based on the available information, KMA utilized a 75% share of the demand for child care centers to be located.at or near the workplace. Age 0-2 Age 3-5 Total Child Care Center Spaces Demanded (Table 3) Share Near Place of Work @ 75% of Demand Sources: us Census, Urban Institute, Keyser Marston Associates. 14.85 11.14 32.72 24.54 47.57 35.68 Conclusion: From the universe of 1,000 employees, 140.21 children need child care. Of all children needing child care, the demand for spaces in child care centers is 47.57. As shown in the lines above, 75% of the demand for child care center space is for a center located at or near the place of work or 35. 68 spaces. 19305.005\001-016.doe, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, tne, Page 17 C.C - 114 C.C-115 [This page left blank intentionally.] Keyser Marston Associates, Inc. Page 18 19305.005\001-016.doc, Prepared 2003;' Portions Revised 2005 .SECTION III - CHILD CARE CENTER FACILITY COSTS A. Introduction In this section, KMA presents an analysis of the cost of child care center facilities. It is recalled that in Section I, we established that the prevalent interpretation of the California Code is that linkage fee programs may only address capital or facility costs. In Section I, KMA also clarified that the linkage for workplace buildings to child care must address demand for the preschool child only, or child care centers near the place of work for the children of employees. As such, _ the facility cost linkage for workplace buildings is for child care center facilities, or cost per child care center space. 1. Demand Conclusions Restated In Section II, KMA quantified the demand for spaces in child care centers associated with a universe of 1,000 employees. KMA concluded that there was a demand for approximately 36 children in child care centers near the workplace. In this section, KMA quantifies the cost to develop each of these spaces, and, in that way, determines the cost to mitigate the child care impacts generated by new workplace development. 2. Analysis Approaches Two different approaches are utilized to determine the costs of child care centers. The first approach is to examine the costs of developing child care centers by analyzing the component parts - building shell, equipment, land, etc. The second approach is to examine the cost experience of other recently developed West Los Angeles area child care centers. Further confirmation is made by looking at the costs of child care center development in other high cost areas. The information in this section was assembled with the assistance of City of Santa Monica staff and the Child Care and Early Education Task Force. Survey and analysis results were presented to the Task Force and a number of adjustments were made per staff and Task Force input. B. A Prototypical Child Care Center in Santa Monica 1. Development Space Requirements To be licensed, child care facilities must meet minimum space requirements mandated by the State of California. These requirements, which differ by age of child, are briefly summarized below: 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 19 C.C-1l6 · Building Space . Infants and toddlers (ages 0-2) - 35 square feet plus an allowance of 15 square feet for bathroom and circulation space per child plus 15 square feet to allow for sleeping area, or 65 square feet per child. . Preschool and school age (ages 3 to 12) - 35 square feet per child plus an allowance of 15 square feet for bathrooms and circulation space. · Outdoor play area - 75 square feet per child; 50 square feet for infants and toddlers. Child care center operators agree that these are minimum space requirements and do not provide adequate space for a high quality child care center. The minimum requirement provides insufficient space for different simultaneous activities and for necessary administrative functions and other needs to be accommodated. As a result most child care centers are built to a slightly higher standard as the charts at the end of this section demonstrate. According to child care education experts, a good amount is 100 square feet per thild. For the purpose of this analysis, the City of Santa Monica chose 70 square feet per child as an appropriate figure, and clarified that the figure does not reflect a city policy Or standard for other applications. 2. Land Area Required City of Santa Monica Zoning Code was used by City staff to determine the site size required for a child care center of an average workable size. Site coverage and parking requirements are particularly influential in determining total site needs. Since Santa Monica land parcels are predominantly 7,500 square feet, or multiples of that size, total parcel size for a child care center was selected accordingly. A 15,000 square foot site would accommodate a 65-space child care center per City standards for parking and drop-off spaces and other site coverage requirements. A prototype of a 65-space child care center was selected for the analysis, which at 70 square feet per child is a 4,550 square foot center (65 children x 70 sq. ft. per child = 4,550 square feet). The size of the land parcel and land cost estimate are for nexus analysis purposes. It is anticipated that centers may well be built on smaller parcels and have solutions for parking and drop-off spaces other than surface spaces. The prototypical child care center analyzed is a one- story building configuration with outdoor play areas and surface parking. To confirm these costs compared to costs for other more urban configurations, information on other prototypes was Keyser Marston Associates, Inc. Page 20 19305.005\001-016,doc, Prepared 2003; Portions Revised 2005 C.C-1l7 assembled and compared. (See end of this section.) It is important to note that the total site cost is the key assumption, not the per square foot land area cost.1 At the time the analysis was prepared in 2003, a land cost of $80 per square foot was used, or the lower end of the range at that time. The 2003 figures in the inset Table 4 applied to a 15,000 square foot site area for a total of $1.2 Million. See footnote below. 3. Development Costs The main components and unit costs are shown in Table 4. Table 4 Child Care Facility Development Cost Summary (2003) PSF Bldg. Area Bldg. Area Total Building Shell $170/SF 4,550 SF $773,500 Furnishings, Equipment and Indirects $70/SF 4,550 SF $318,500 Site (Land and Parking) $264/SF 4.550 SF $1.200.000 Total $500/SF 4,550 SF (Bldg.) $2,292,000 Source: Keyser Marston Associates' survey of West Los Angeles child care center construction costs, City of Santa Monica. . The furnishings, equipment and indirects category covers a range of costs including indoor furnishings and fixtures, outdoor play structures, start-up costs, design and engineering, fees and hook-ups, and financing. The costs per child care space (for the 65-space center as calculated in 2003) are as follows: Development costs excluding land Development costs including land $16,800 $35,260 1 Since the initial preparation of this analysis in 2003, land costs have increased in Santa Monica. In 2005 the probable cost per square foot range is $125-$400, depending on location, At $160 per square foot, or double the $80 per square foot cost used in the initial analysis, the site cost would be $2.4 million or more than twice the rest of the project. More likely an altemative site solution would be found, using shared or structured parking and/or shared play area and other cost savings, keeping site costs less than $2.4 million. For reference, however, if the site cost were $2.4 million, the total project cost would becume $3.5 milliun, instead of the $2.3 million indicated in Table 4 above. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 21 C.C-118 If 2005 land cost at $160 per square foot is used and a 10% escalation in other costs, then total costs per child care space are as follows: Development costs excluding land Development costs including land $18,500 $55,400 Conclusion: It costs approximately $18,500, excluding land, per child care space to develop a new child care center in Santa Monica. Total cost including land is $55,400 per child care center space. Table 5, at the end of this section, presents a more detailed summary of development costs. c. Other West Los Angeles Area Child Care Center Costs Table 6, at the end of this section, summarizes the development cost experience of other West Los Angeles child care centers. City staff identified the- child care centers, varying in . construction type and timing, to be included in the survey. Some of the surveyed centers are new construction developments, others are rehabilitation projects and one is currently in the planning process. With the exception of the project in the planning stage, each center in the survey became operational between 1998 and 2002. Excluding land costs, the development costs per child care space range from $8,330 to $39,250. Cost differences are due to varying circumstances and year constructed. A summary of each case study follows: 1. New Construction Les Enfants Inc. Preschool in Santa Monica has an enrollment of 72 children (28 infant, 18 toddler, and 26 preschool). The stand-alone building was constructed on a vacant lot in 1998 at $600,000, or $8,330 per child care space, excluding land. The school director did not provide the land purchase price due to confidentiality. The outdoor play area is approximately 5,000 sq. ft., or.70 sq. ft. per child. In addition to the outdoor play area, 5,000 square feet is dedicated to parking. The parking ratio is one space per seven children. The Westside Children's Center (WCC) in Culver City has spaces for 100 children. It was developed in 2002 for $3,925,300, or $39,250 per child care space. The WCC is part of a larger facility and the first of two development phases. The indoor area is 11,650 square feet, or 115 square feet per child, excluding meeting space, additional building and storage space. The outdoor play area is approximately 15,000 sq. ft., or 150 sq. ft. per child. The parking ratio equals one space per four children. Keyser Marston Associates, Inc. Page 22 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C-1l9 In 1995, WCC purchased the 2.7-acre site for $1 million during an economic downturn. The land was owned by the City of Los Angeles and zoned industrial. Office and child care uses equally share the site. 2. Rehabilitation New Path Montessori School is located in a 1929 single-family home, which was rehabilitated in 2001. The school has spaces for 30 toddlers (2-6 years old). The school includes 1 ,200 square feet of indoor space, or 40 square feet per child. Outdoor space is 1,400 square feet, 50 square feet per child. The parking ratio equals one space per ten children. The acquisition and rehabilitation cost was $557,700, or $18,600 per child care space. Land costs account for $327,900 ofthe total costs. Rehabilitation costs were $229,800, or $190 per building square foot. The school director notes that rehabilitation costs exceeded original estimates due to implementation. Saint Joseph Infant Toddler Development Center was purchased and rehabilitated by Venice Community Housing Corporation in 1999 for $498,700, or $21,700 per child care space, excluding land. The Center is located in a two-story building and has spaces for 23 children (6 infants (up to 18 months) and 17 toddlers (18 thru 36 months). The Center includes 1,570 square feet of indoor play area, or 70 square feet per child. The outdoor play area is approximately 900 square feet, or 40 square feet per child. The parking ratio is one space per 23 children. Saint John's Health Center, Santa Monica Family YMCA and Smart Start centers were targeted to be part of the survey. However, due to the nature of these facilities, the data could not be organized in a way that was parallel to the other centers. 3. Planned Construction The UCLA Campus Center is currently in the planning stages. However, preliminary estimates were provided for the survey. The Center will have spaces for 84 children (12 infants, 12 toddlers and 60 preschool). The construction costs are currently estimated to be $2.1 million or $25,000 per child. The Center will have 5,000 square feet of indoor space and 7,500 square feet of outdoor space (60 square feet and 90 square feet per child, respectively). The development plan includes renovation of a 1,600 square foot existing child care facility to be used as a conference room and kitchen. There will be a few drop-off parking spaces but staff parking is to be located off-site elsewhere on campus. A major private donation will pay construction costs. The university is providing the property. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 23 C.C - 120 l;:;,; See Appendix C for more information on each case study. D. Other Child Care Center Averages (2003) On a per square foot measure, total costs for the five examples show a broad range from $120 per square foot to over $460 per square foot. However, if the survey's lowest and highest costs are eliminated, the costs for the remaining three projects are in the range of $350 per square foot and the average construction cost per child care space, excluding land, is approximately $16,670. Considering the differences in time and the expectation that most new child care centers will likely be new construction, the $16,800 analysis for current costs, excluding land, is supported by the experience in other West Side centers as a good average for new facilities. . The survey did not enable KMA to identify useful cost experience for land for new facilities in Santa Monica. Land costs were only provided for three of the case studies. The WCC land purchase had special circumstances that would not be applicable to a land purchase today. While New Path and Saint Joseph reported land costs, these centers are both rehabilitation projects where purchase costs included existing improvements. Therefore, as discussed in the previous section, a conservative estimate for residential land in Santa Monica in 2003 was $80 per square foot, or a total site cost of $1.2 million for a child care center for 65 children. (It is noted that child care centers built on sites costing more than $80 per square foot would likely resolve parking needs in some other manner, such as sharing parking with some other use, above grade or underground structures, etc.) With other solutions, the $1.2 million estimate for land for the 65-space center (or nearly $18,000 per child care space) was deemed a suitable land cost assumption for purposes of this analysis. E. Child Care Center Cost Experience in Other High Cost Areas (2003) As a cross check against the West Los Angeles Area experience, KMA assembled some information on the cost of child care centers in other high cost areas, both suburban in character and more center city urban. The two comparison areas are Silicon Valley in northern California and downtown Seattle, Washington. 1. Silicon Valley Silicon Valley was selected as a comparable area due to very high land, costs and generalized density of development akin to the western Los Angeles area. Several useful pieces of information were assembled that help confirm the Santa Monica cost range. · The City of San Jose has a program to assist with the development of child care centers. A consultant hired by the city advised that the city should plan on child care centers Keyser Marston Associates, Inc. Page 24 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 121 costing $16,000 per space, excluding land and parking. This appears to include an allowance for at least some equipment, furnishing and indirect costs. · The City of Menlo Park has been seeking to redevelop a parcel in its civic center complex with a large child care facility to accommodate both preschool and after school programs. A design and project development team reported back to City Council to get authorization to seek construction bids. The estimated cost for the total 180-space project is $6,600,000. This figure computes to $34,178 per space or $439 per square foot building area. Since the city already owns the land, there is no land cost included, although there is significant site work needed. · In late 2003, KMA conducted a survey of child care center development cost experience in the San Mateo-Peninsula area for the purposes of a child care linkage program in the City of Santa Mateo. Good data on four centers was assembled and it was concluded that total costs per space averaged at least $25,000 per space. 2. Downtown Seattle In 2001, KMA conducted a child care linkage analysis.for the City of Seattle and assembled information on the cost of child care centers in that downtown. At the time, there was one child care center that had been developed within a high-rise office building, the Washington Mutual Tower which was completed in 1988. The child care center was built for 23 infants and toddlers and no preschoolers due to the difficulty of the outdoor play area component. The development cost at that time was $525,000 or $22,800 per space. This cost did not include outdoor play area (some was added. later). Nor did it include land cost. Only one dedicated parking space was built. Other downtown child care centers not in high-rise buildings had similar development costs, particularly after adjustments for time of development and other differences. For the Seattle program KMA undertook a prototypical child care center cost analysis similar to the Santa Monica analysis presented here. The major cost components and conclusion are shown in Table 7. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates. Inc. Page 25 C.C - 122 ,. ""'.t Table 7 Seattle Child Care Center Cost Analysis (2001) Per SF Per Child Care Space Total for 60 Child Care Spaces Land (per square foot building area) Building Shell Furnishings, Equipment and Indirects $30 $165 $148 $2,250 $12,375 $11.100 $135,000 $742,500 $666.000 Total $343 $25,725 $1,543,500 Source: Keyser Marston Associates. Several clarifications and comparisons are appropriate. · The Seattle prototype included no parking or drop-off spaces. · Land costs were prorated in a building and intentionally stated at the low end. Land cost per child care space was $2,250 in Seattle; the Santa Monica costs are much higher. · Each of the 12 parking or drop-off spaces in Santa Monica costs an average of $28,266 in land costs. Were these 12 spaces in a parking structure instead, the cost of the structure including a land allocation and all indirect costs, would be roughly the same as the $28,000 per parking space. · The Seattle prototype assumed 75 square feet per child care space compared to the 70 square feet per space assumption for Santa Monica. · The estimate for furnishings, equipment and indirect costs was substantially higher in Seattle. This was a result of more detailed data on these costs in other child care centers in downtown Seattle. F. Conclusion After reviewing the rather wide range of cost experience in developing child care centers, particularly as it relates to all the costs beyond construction of the building shell, one can conclude that state-of-the-art cost estimating for child care centers is still in the formative stage. There appear to be few standards and little consistency with regard to what is counted, what is necessary, and how much should be allowed for such things as equipment and start-up costs. It is also evident that many child care facilities are built on land already owned and therefore land cost is frequently left out of the equation. Keyser Marston Associates, Inc. Page 26 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 123 The recommendation from this analysis and survey is that $35,000 per sp~ce in Santa Monica is a good planning number for the purposes of a mitigation program. The cost per space excluding land at $16,800 clearly is at the low end, and there are at least three examples where costs are double that excluding land (West Los Angeles, UCLA, and Menlo Park). On the other hand the assumption of $18,460 per child care space for land (to meet the standards of the Santa Monica zoning code with respect to parking and drop-off spaces) is substantial and assumes no variance from the code to accommodate a child care center. Even if parking were accommodated in a structure or other more dense solutions to the child care building and outdoor areas were employed and some code variance was permitted, KMA believes that it would be difficult to reduce the "all inclusive" cost of a child care center in Santa Monica below $35,000 per space. The update for late 2005 presents revised conclusions as discussed in Section B, as follows: Development cost excluding land, per child care space Development cost including land, per child care space $18,500 $55,400 G. A Note on Rehabilitation of Child Care Centers The survey of recently developed West Los Angeles area child care centers found a number of them were rehabilitations of existing buildings. These costs per space again ranged widely and were highly inconsistent with respect to what was counted and not counted. Rarely does the cost or value of the existing structure and land get included in the calculation. Since the City of Santa Monica does not own or identify buildings with rehabilitation potential for child care centers, it was not appropriate to use rehabilitation as an option to mitigate new demands. A child care linkage ordinance, if adopted, will provide for alternatives to paying any fee to mitigate child care demand. The alternatives would include the construction of new child care facilities and the rehabilitation of existing structures, subject to certain standards and acceptability to the City. In other words, if a developer chooses to meet a child care linkage obligation through rehabilitating an existing structure and can do so at less cost, the developer could be welcome to do so. t, 19305.005\001-016.doc, Prepared 2003: Portions Revised 2005 Keyser Marston Associates, Inc. Page 27 C.C - 124 TABLE 5 TYPICAL CHILD CARE CENTER FACILITY COSTS (2003) CHILD CARE LINKAGE PROGRAM CITY OF SANTA MONICA Number of Children: Size of Facility Indoor Space @ Outdoor Space @ Total Cost of Facility Building shell @ Furnishing, equipment@ (includes indirects) Land required: Building pad Parking 1 Facility Parking @ 9 spaces Drop-off Parking @ 3 spaces Outdoor play area Total land required @ 93% coverage Land cost @ $80 sq. ft. x 15,000 sq.ft. Total development cost Cost per sq. ft. child care facility Cost per child care space Including Land Excluding Land 65 70 sq. ft. per child 80sq. ft. per child $170/sf $70/sf 4,550 sq. ft. 5,200 sq. ft. 9,750sq. ft. 4,550 sq. ft. 4,550 sq. ft. 4,550 sq. ft. 3,190 sq. ft. 1,050 sq. ft. 5,200sq. ft. 13,990sq. ft. 15,000sq. ft. $773',500 $318,500 $1,200,000 $2,292,000 $500 $35,260 $16,800 1 City provided parking space requirements. Assumes one parking space per 500 sQ. ft. gross building area and assumes one parking space requires 350 sq. ft. Keyser Marston Associates, Inc. Page 28 C.C-I25 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 ~ ~ ::> .. ~ ~ z W ... ~ D ... % ... ... O:lE g;! ..." 'I'D ll!lE< a.w5:! ~~~ WZ:lE ":l~ ~W< ..~.. G:l9UIL ~"90 ~lh~ ..~...... C.C - 126 m ~ ~ ~~ li ~~ 0 "" ~'O Ks ~ J!! ~= ~ 51l om'" ~ c 'Q;ae;CD 1 g.~ ~~l 8~ !~! ~~ m ~.c . 0 05 i~.g ! j ~! "'E~ '" 1i ~ CI"t:I.f: ~ 1> =c :5'gs cO 'l::l _1ij M -8..!! H~ a. '" 'Eo S ~ 8e Q. E ~~ ~ 8 !! 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" ~ c):J~ ~ ~ ~ ~ ~ ~ ~S~ ~gg '"' ~ .!! c: CD " e CD " :!! i3 ;; "i co it CD ~ ~ B ! .50 -co "8 CD lii ~ j B ~ .. " :; .9 ~ e m W CD ~ ::;; ~ I >. .0 ~ e~ ~ iIi ~: ~ 0.0. " ::> 0 .. rn [This page intentionally left blank] Keyser Marston Associates, Inc. Page 30 19305.005\001-G16.doc, Prepared 2003; Portions Revised 2005 C.C - 127 SECTION IV - BUILDING DEVELOPMENT AND LINKAGE COSTS This section combines the findings of the demand analysis (Section II) with the findings of the child care center development cost analysis (Section III) to establish linkage costs. This section first addresses the linkages between workplace building construction and job growth. The historic relationship between the construction of workplace buildings and job growth is examined both in general and for different types of workplace buildings to the extent data availability allows. The three types of workplace buildings that are the subject of this analysis are: office (or office/R&D/), retail and entertainment, and hotel and other lodging. This analysis allows us to link buildings to jobs to employees and child care demand impacts on a per square foot level. In parts D and E of this section, the conclusions with respect to the child care demand impacts and the costs of mitigating the child care impact are joined together. The result is a quantification of child care impacts associated with workplace building construction per square foot and the costs of mitigation per square foot. The conclusions of the analysis represent the maximum charge for mitigation, or maximum impact fee level supported by this analysis. The City may design impact fees or other type linkage requirements at any level below those established by this analysis. A. Construction and Job Growth Linkage The first link in the chain of linkages joining the construction of workplace buildings and child care demand is that between building construction and job growth. If the impact fee is levied on a building at the time of construction, the underlying assumption is that the addition of building space will result in more jobs in Santa Monica. (See Section I for more on the underlying concept and ancillary assumptions.) To confirm tne relationship, KMA assembled available information on job growth and workplace. building construction in Santa Monica. For the job growth/building analysis, City staff provided Santa Monica job data for 1995-2000, based on State Employment Development Department (EDD) reports. Job data of this detail are not available for Santa Monica prior to 1995. Data was supplemented with information from the economics page located in Section 6 of the City's web site. The web site refers users to the California State University Long Beach Office of Economic Research 3rd Annual Santa Monica Economic Forecast Presentation (November 2001). The jobs data series provided by the City appears to be the only data available at the city level. The.data series is based on payroll forms prepared by companies and submitted to the EDD. This data source has the following limitations: · The self-employed and business owners operating as a sole owner, rather than a corporation. without payroll deductions are excluded. Contract workers are also excluded. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 31 C.C - 128 · The information is based on where the payments are reported from; e.g., if all Burger King employees are paid through Burger King headquarters, then their statistics would show up in the Burger Kihg headquarters location. The reciprocal is also true; if a corporation is headquartered in Santa Monica payroll information would be provided for the entire company, regardless of whether jobs are located in Santa Monica. · The data is organized by major Standard Industrial Classification (SIC). This classification system does not neatly match to building type for many categories. Office is particularly problematic since office jobs are a large portion of the services, the finance insurance and real estate "industry", and, in a place like Santa Monica, many manufacturing firms have office functions there, not production activities. Table 8 Number of Jobs in Santa Monica by Major Industry 1995 2000 Change Agriculture 266 546 280 Mining Construction 1,688 1,832 145 . Manufacturing 2,241 3,083 843 Transportation/Utilities 1,352 1,735 383 Wholesale Trade 2,205 2,127 (78) Retail Trade 13,994 17 ,328 3,334 FIRE 5,127 5,561 434 Services 28,276 34,859 6,583 Public Administration 4,956 5,974 1,018 Confidential11 ) 2.305 1.039 (1.266) Total 62,410 74,084 11,675 {1>,-0 protect employee identity, specific job type is not available for these jobs. Source: City of Santa Monica. To convert jobs by industry to jobs by building type, KMA utilized a cross matrix of percentage relationships to estimate the share of jobs in office type buildings. For retail and hotel jobs discrete industries subsets could be used. The estimate of jobs by building type for the three types of buildings under analysis is shown in Table 9. Keyser Marston Associates, Inc. Page 32 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 129 r. . Table 9 Estimated Jobs by Building Type Building Type(1) 1995 2000 Change Office (Estimated) 17,162 19,928 2,766 Hotel 1,317 2,571 1,254 Retail 13.994 17.328 3.334 Total 32,474 39,827 7,354 (1)Suilding types reflect major non-residential uses represented in the Child Care Nexus analysis. Jobs for a specific building type are comprised of related SIC employment codes. Data is not available on a more detailed level. Source: City of Santa Monica, Keyser Marston Associates. The City also provided KMA with annual construction activity for the same time period. The information is from building permits and therefore should lead to job growth. For this analysis, it was assumed that on average jobs would occupy new buildings approximately a year after permitting. During the 1995-1999 period, approximately 1.12 million square feet of commercial development activity was reported (see Table 10). The information does not break down building types further than "hotel" and "other-commerciaL" Further, no hotel development activity was reported for this time period, despite the growth in hotel jobs. The City of Santa Monica issued building permits in the late 1980s for three hotels constructed in the early 1990s. These new hotels are likely responsible for the growth in the number of hotel jobs in the mid to late 1990s, as hotels typically take a few years to achieve stable operations and would continue to expand employment during this period. B. Jobs, and Construction Activity Correlation Because the data do not identify individual building types, the analysis illustrates the general correlation between jobs and building. Table 10 presents the relationships found from comparing the new jobs to the new space over the 1995 to 2000 time period. 19305.005\001-016,doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 33 C.C-130 ~, , Table 10 Correlation Between Jobs and Commercial Building New Jobs Building (SF) (1995-2000) (1995-1999) SF per Employee Hotel 1,254 0 0 Other Commercial 10.421 1.116.118 107 Total/Average 11,675 1.116,188 96 Source: City of Santa Monica; Keyser Marston Associates. The data shows that there is indeed a correlation between employment and workplace building activity in Santa Monica for the five-year period. In other words, as new workplace buildings were developed during this period, new jobs were also created. The relationship between employee and square feet of building area can be expressed as a density factor. As shown above, Santa Monica gained 11,675 jobs and 1.12 million square feet of nonresidential building area was developed between 1995 and 1999. The average density factor during this period would calculate to one employee per 96 square feet. The time series reflects a period of vigorous economic expansion only. As such, there probably was considerable job growth in existing buildings. Busy restaurants employ more staff than more idle ones. With a longer time series one would expect to see the very high density levels found here (or low number of square feet per employee) come down substantially. Unfortunately, KMA was unable to obtain the same series information for the 1990 to 1995 period. However, figures on total job growth and construction activity in Santa Monica over the decade are available. The Cal State Long Beach Office of Economic Research reported the job figures, supplied by the City. These figures indicate total non-farm employment in Santa Monica as follows: 1991 1995 2000 51,000 (approx.) 62,140 75,500 These figures show that Santa Monica experienced substantial growth during the early half of the decade despite the recession in the region and the State as a whole over the period. According to this series job growth over the decade was 24,500 jobs. Keyser Marston Associates, Inc. Page 34 19305.005\001-016.doc. Prepared 2003; Portions Revif;ed 2005 C.C-131 r, Total commercial construction activity in Santa Monica over the period from 1990 through 2000, according to the City, was 1,636,812 square feet, or 148,802 per year on average. (See Table 12, at the end of this section, for annual figures.) The density of new jobs in new buildings from the whole decade computes to 67 square feet per job (1,636,808/24,500 = 67). Again this suggests much job growth was occurring in existing structures. Other adjustments that might be made with more complete data include elimination of government jobs and others not housed in the analysis categories, jobs that occurred in additions and remodels to existing structures, etc. c. Employment Density The available employment data series does not provide an adequate level of detail particularly as relates to individual "building types. In addition, the unusually vigorous growth during the time period resulted in substantial employment growth, some of which was occurring in existing buildings. Therefore, given these limitations, KMA believes it is appropriate to use standard employment density factors for workplace buildings instead. These relationships are based on surveys, some national, some local, for a wide range of conditions collected over many years. Appropriate factors were selected for Santa Monica conditions and were discussed with staff. If the City uses such factors in other applications (such as parking standards), the factors utilized are: 250 square feet per employee for office buildings, 350 square feet per retail worker and one hotel employee per hotel room, or per 500 square feet of hotel building area. The density factors are all notably less dense than the data on job growth and building construction during the late 1990s in Santa Monica would suggest. D. 1,000 Employees and Building Area Employment density factors allow one to move back and forth between numbers of employees . and building area for various types of workspace buildings. Returning to the universe of 1,000 employees, the following building sizes result: 1,000 Employees Related to Building Size Office Retail/Entertainment Hotel/Lodging 250 sq. ft.lemployee 350 sq. ft.lemployee 500 sq. ft.lemployee 250,000 sq. ft. 350,000 sq. ft. 500,000 sq: ft. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 35 C.C - 132 E. Child Care Demand and Mitigation Costs Related to Building Area At this juncture, it is possible to link workplace building area with number of employees, with child care demand and the costs of mitigating child care demand. Table 12 summarizes the sequence of steps and the results of the analysis, using the updated 2005 figures with and without land. Table 12 Workplace Buildings Mitigation Costs Per Square Foot (2005) Child Care Center Spaces in Demand per 1,000 Employees (End of Section II) 35.68 Cost of Child Care Facilities per Space (End of Section III) Excludina Land $18,500 Includina Land $55,400 Cost of Child Care Center Spaces for 1,000 Employees $660,100 $1,976,700 Cost of Child Care Center Space per Employee $660 $1977 Child Care Center Cost per Sq. Ft. Building Area Office Retail/Entertainment Hotel/Lodging 250 sq. ft./Employee 350 sq. ft./Employee 500 sq. ft./Employee $2.64 $1.89 $1.32 $7.91 $5.65 $3.95 Source: Keyser Marston Associates Total child care linkage costs are provided with and without land. in recognition that some child care centers may be developed on land either donated or already owned by the City. To reflect the mix, an average linkage cost for the two assumptions is recommended for establishing the maximum ceiling. Results are as follows Office Retail/Entertainment Hotel/Lodging $5.27 $3.77 $2.64 These are the total child care linkage costs for workplace buildings and child care center facilities. These costs, also referred to as total nexus costs, represent the legal ceiling for potential fees supported by this analysis. These are not recommended fee levels. The City may set fees at any level below these nexus costs. Section VI of the report provides additional IIlcaterial:i for C1:s:si:sting in 3eleoting foo lovole. Keyser Marston Associates, Inc. Page 36 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 133 F. Building Area and Child Care Demand The relationships between employees, child care demand and building area have other potentially useful applications beyond the setting of fee maximums. KMA recommends that the City offer a build option as an alternative to paying fees. In addition, the City may wish to require the construction of a child care center for a very large project. For example, if the City determines that a minimal optimal size child care center is 75 children, it is possible to determine how large the project needs to be to warrant 75 child care spaces. 75 spaces/35.68 spaces (per 1,000 employees) = 2.102 times Office: Retail: Hotel: 250,000 sq. ft. x 2.102 = 525,500 sq. ft. 350,000 sq. ft. x 2.102 = 735,700 sq. ft. 500,000 sq. ft. x 2.102 = 1,051,000 sq. ft. (2,102 rooms) In other words, this analysis uses relationships that suggest that an office project of 525,500 square feet would generate demand for a child care center for 75 children. For the same size child care center, a retail and/or entertainment project would need to be 737,700 square feet, or a hotel of a little over 2,000 rooms. Other ways of expressing the relationship are as follows: · Office: 1 child care space per 7,007 sq. ft. building area or 0.000143 child care space per square foot building area. · Retail: 1 child care space per 9,809 sq. ft. building area or 0.000102 child care space per square foot building area · Hotel: 1 child care space per 14,013 sq. ft. or 0.000071 child care space per square foot building area Another application relates child care center space to project area space. It is recalled that tRe average child care center is 70 sq. ft. of building area p~r child. If the 75-space child care center is for an office building of 525,500 sq. ft., the child care center size requirement is 5,250 sq. ft. (75 x 70 sq. ft. per space) or roughly 1 % added to the building area. For the three building types, the ratios are as follows: Office - 1 % Retail- 0.7% Hotel - 0.5% 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 37 C.C - 134 v., ;"T\ C.C - 135 In summary, child care center demand conclusions can be used to relate child care center space to commercial projects for other purposes, such as negotiating Development Agreements. Keyser Marston Associates, Inc. Page 38 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 TABLE 11 COMMERCIAL BUILDING ACTIVITY IN SANTA MONICA CHILD CARE LINKAGE PROGRAM CITY OF SANTA MONICA ANNUAL COMMERCIAL BUILDING ACTIVITY (SQUARE FEET)1 All Other Hotel Commercial Total 1990 0 90,000 90,000 1991 0 224,359 224,359 1992 0 10,904 10,904 1993 0 10,652 10,652 1994 0 91,522 91,522 1995 0 92,881 92,881 1996 0 15,192 15,192 1997 0 27,031 27,031 1998 0 400,198 400,198 1999 0 580,816 580,816 2000 39,381 53,872 93,253 2001 0 67,209 67,209 2002 Q 54.553 54.553 Total 39,381 1,719,189 1,758,570 1990-1999 Total 0 1,543,555 1,543,555 Average 0 154,355 154,355 1995-2000 Total 39,381 1 ,169,990 1,209,371 Average 6,564 194,998 201,562 1990-2002 Total 39,381 1,719,189 1,758,570 Average 3.029 132,245 135,275 1 Data provided by City staff on March 10,2003 and is based on building permit activity. Includes large projects subject to development agreements. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 39 C.C - 136 CC - 117 [This page intentionally left blank] Keyser Marston Associates, Inc. Page 40 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 SECTION V - SUMMARY OF LINKAGE ANALYSIS AND CONCLUSIONS Section V summarizes the child care linkage fee analysis described in Sections I-IV. Those sections explain the multi-step analysis undertaken to quantify the demand for child care by employees in Santa Monica and the costs to mitigate child care demand, in terms of the provision of new child care center spaces. The analysis is conducted for a "universe" of 1,000 employees for ease of understanding and avoidance of awkward fractions associated with an analysis on the per employee or per household level. The findings of the demand analysis and linkage costs are summarized below. A. Demand Analysis The demand analysis estimates the number of children who require child care for a given universe of 1,000 employees. Demographic information is drawn from the U.S. Census 2000 series for the County of Los Angeles, since workers in Santa Monica come from the larger area. · From a universe of 1,000 employees, there are 694.11 employee households, reflecting the fact that most households contain more than ~ne worker or employee. · In the 694.11 employee households, there are 183.18 children age five and under (actually half of all five year olds). · Of the 183.18 children age five and under, 140.21 need child care due to the situation that all parents in the home are working. . · Of the 104.21 children needing child care, the demand for spaces in child care center facilities is 47.57 spaces (14.85 infant and toddler spaces and 32.72 pre-school spaces), based on national surveys for children of these age groups. · National surveys suggest that 75% of demand for child care center space for preschool children is for centers located near the parent's workplace. As a result, the demand for spaces in child care centers located near the workplace is 35.68 spaces (11.14 infant and toddler spaces and 24.54 preschool spaces). The conclusion of the demand analysis is that for 1,000 employees, the demand for spaces in child care centers near the workplace is 35.68 spaces. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 41 C.C-138 B. Mitigation Costs Analysis (2005) The mitigation costs analysis estimates the cost of providing new child care spaces in Santa Monica and then translates these costs into total linkage costs. · A prototypical child care center and its development cost in Santa Monica was analyzed. In addition, cost experience was drawn from a survey of other West Los Angeles Area child care centers. The finding is that the cost to develop a new child care center in Santa Monica in 2005 is approximately $18,500 per space without land, or $55,400 with land or, averaged together, $36,950. · The total mitigation cost for 1,000 employees is calculated by multiplying the number of child care center spaces in demand (35.68) by the cost of development per child care center space: .35.68 x $36,950 = $1,318,380 for 1,000 employees The mitigation cost allocated to each of the 1,000 employees is $1,318. · Further analysis relates the per-employee cost to building space based on density of employment. Since density varies by type of building and the activity within it, there are different density factors for each of the three building types: Office Retail Hotel 250 sq. ft. per employee 350 sq. ft. per employee 500 sq. ft. per employee When the cost per employee is divided by the number of square feet per employee, the result is a cost per square foot of building area as follows: Office $5.27 per sq. ft. ($1,318 + 250) Retail $3.77 per sq. ft. ($1,318 + 350) Hotel $2.64 per sq. ft. ($1,318 + 500) These costs per square foot express the cost to mitigate the demand for space in child care centers through the construction of new child care center spaces in Santa Monica. These are the total linkage costs and represent a ceiling below which fees may be set. Keyser Marston Associates, Inc. Page 42 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C-139 SECTION VI - MATERIALS TO ASSIST IN DESIGNING A FEE PROGRAM FOR SANTA MONICA A. Overview This section provides information to assist policy makers in selecting an appropriate Child Care Impact Fe~ level and mitigation program for Santa Monica. As indicated at the end of the previous sections, the linkage analysis establishes maximum supportable fee levels. Recognizing a variety of City objectives, policy makers may set the fee or other obligations at any level below the maximum. The conclusions of the analysis on child care linkage costs for three types of commercial projects discussed in Section V are restated below. These are the maximums below which fee levels may be considered for different buildings: Office - $5.27 per square foot . Retail/Entertainment - $3.77 per square foot Hotel - $2.64 per square foot 1. Thresholds and Exemptions Be.fore evaluating alternative fee levels, it is helpful to recognize that a linkage fee program and governing ordinance may contain features to address specific concerns and policy objectives. The most important features are minimum size thresholds and exemptions. A minimum size threshold sets a project size over which fees are in effect and exempts or reduces fees on smaller projects. Very large cities with high fee structures (multiple fees at substantial levels) tend to set thresholds at the 25,000,50,000 or even 100,000 square foot level. Smaller cities typically establish thre!)holds at 10,000 or 25,000 square feet. Some programs have no thresholds. For consistency, Santa Monica may want to consider a threshold that is the same as for other development standards or fees. The Development Review threshold is currently 7,500 square feet. The Housing and Open Space Fee reduces the fee for the first 15,000 sq. ft. A number of policy objectives can be accomplished through the minimum thresholds. If there are older commercial areas for which small-scale infill is a City objective. a minimum threshold will avoid or reduce the cost for small projects. If mixed-use projects are being strongly encouraged, again a minimum would benefit many such projects. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates. Inc. Page 43 C.C - 140 .~ ',.: P! Exernptions of several sorts can also be added to the program. Specific geographic areas are sometimes identified as warranting special treatment by the City or specific building types may be exempted. Finally, it should be.noted that the ordinance will likely contain a provision to address demolition of existing structures, recognizing that the prior structure had child care impacts and the replacement structure should only address net new impacts. Similarly, when very low employment density type structures are renovated for newer higher employment density activities, adjustments are in order. The classic example is the warehouse that is renovated for an office or film production activity. B. Other Santa Monica Impact Fees and Total Development Costs Policy makers usually wish to consider the design and level of a new fee in the context of existing fees already in place and in the context of total development costs within the jurisdiction. This section briefly summarizes Santa Monica impact fees and development costs, particularly land, within the city and evaluates the relationships. 1. Other Impact Fees The City of Santa Monica was one of the first in the State to adopt a jobs housing or affordable housing impact fee and also an. open space impact fee. These were adopted in 1984 and have been adjusted periodically since then using a Consumer Price Index. The fees apply to office projects only. The fee level is quoted as a single fee and, as of the date of report preparation (2005), is as follows: · $4.37 per square foot for the first 15,000 square feet; and · $9.72 per square foot in excess of 15,000 square feet. In addition, the City has a "tee" schedule to cover a broad range of planning and processing services associated with the. development process. These are not impact fees per se, but are noted because they are reportedly high relative to other cities and do add to the costs of development in Santa Monica. A child care fee would be an impact fee similar to the affordable housing and open space fee and in addition to the levels noted above. 2. Land Costs in Santa Monica A brief discussion of land costs in Santa Monica as a key compon~nt of total development costs is relevant because, in theory, land value adjusts downward to reflect the added cost burden imposed by the City. Most development costs, such as hard construction costs, and most Keyser Marston Associates, Inc. Page 44 19305.005\001-D16.doc, Prepared 2003; Portions Revised 2005 C.C - 141 - indirect and financing costs are relatively fixed, or not subject to adjustment as a result of local policies. Land value is the variable in the development equation that adjusts to reflect the income capacity of market forces, given the fixed costs of development. Rents and building values generally act independent of costs of development. They are driven by the market attraction of the location and the strength of the regional economy. If costs are increased as a result of a local fee, land values are theoretically decreased by a corresponding amount. The relationship between the fee cost and the land value is a function of the project density or Floor Area Ratio (FAR). With an FAR of 1:1, the building area square footage is equal to the site area. A building with an FAR of 2:1 is a building with twice the floor area as the parcel size, meaning the fee impact theoretically is doubled in its diminution of land value. Most commercial or mixed-use projects in Santa Monica are developed to an FAR in excess of 1 : 1. (Usually parking is kept out of the equation - impact fees are not charged on structured parking square footage and parking is not counted in the FAR.) The word "theoretically" is dispersed throughout the discussion. In the real world, other forces, most particularly market demand, drive land values far more powerfully than do fees. Land values have escalated substantially since the mid-1990s and despite the recession in office markets, land values have not come down in locations such as Santa Monica. To obtain an overview of values in Santa Monica, KMA considered several sources. KMA obtained data on 15 land purchase transactions! which have occurred since late 1999. These transactions covered all areas or zip codes of the City. In addition, KMA talked with the City about general conditions and trends. From this limited investigation, KMA concludes that land values are predominantly over $100 per square foot and in some locations over $200 per square foot. The low end of the range for properties without significant problems is around $80 per square foot. (2003) At $100 per square foot each dollar of impact fee is a 1 % impact on land val.ue at a 1:1 FAR and 2%.at a 2:1 FAR. Areas with a development potential of higher than 2:1 FAR due to zoning have land values considerably over the $100 average used in the example. As a result, the impact of each dollar of fee is probably no greater than 2% of land value at any location in Santa Monica. Finally, as an observation, Santa Monica may be a city with a high fee structure (both impact fees and processing fees), but it is also a city with a very high land value structure. There is no evidence that the fee structure thus far has had a depressing impact on land values. It is likely that the development community views other difficulties in pursuing development projects in Santa Monica, such as limited land, as being more significant and more costly than the fees. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston As.c;ociates, Inc. Page 45 C.C - ]42 3. Total Development Costs Total development costs for all types of projects in Santa Monica are higher than in most other portions of the metropolitan area for a combination of reasons. · The land cost structure reflecting the high desirability of virtually all locations in Santa Monica and the strong market conditions and income capacity resulting there from. · High construction costs resulting from most projects being built at urban type densities on sites of constrained size. Staging areas for construction are also minimal, adding to costs. · Parking requirements, which in combination with the density and land costs, means virtually all parking is now located in structures of one sort or another, often subterranean. As a result of these factors, it is virtually impossible to complete a development project for less than $300 per square foot "all inclusive." This cost is inclusive of land, construction, site costs, and all indirect costs including financing in 2003. Average development costs "all inclusive" generally fell in the $300 to $400 per square foot range. In the context of total development costs, each dollar of impact fee has a minor impact - under 0.35%. To restate KMA's conclusion on land values: market pressures have a far greater impact on land values than fees in the Santa Monica real estate market. According to the Housing Element, land costs escalated 31% to 56% during the 1997 to 1999 period alone, and land costs have continued to rise since that time. A child care fee would not be of a magnitude to significantly alter land values in Santa Monica. C. Child Care linkage Programs in Other Jurisdictions It is always of interest to decision makers to know what other cities and counties have in place in the way of similar programs. KMA assembled information on child care linkage programs in California and elsewhere, following a search using the internet, the California League of Cities, and other sources such as a State Housing and Community Development publication entitled Pay to Play. The chart, Table 13 at the end of this section (updated for 2005), summarizes the major provisions of ordinances in 15 California jurisdictions plus a specific plan area. Some of the main points of interest are: Keyser Marston Associates, Inc. Page 46 19305.005\001-016.doc, Prepared 2003: Portions Revised 2005 C.C - 143 · All of the jurisdictions with the exception of West Hollywood and Palm Desert are in northern California. · The highest fee level in California on non-residential construction is in Palm Desert, at $1.15 per sq. ft. for office space, adopted in 2005. San Francisco, Berkeley and San Mateo all have fees of $1 per sq. ft. The next highest is Martinez at $0.85, followed by West Hollywood at $0.65. All others are lower yet. · Many programs have a parallel charge on residential construction. · A few programs also fund operating expenses and subsidies for lower income families. · Most programs have thresholds and exemptions of some sort. · Seattle has a recently adGpted a child care linkage program which only applies to the downtown area, and only to large hotels and office projects. The charge is $3.25 per square foot on the bonus area (above a base FAR) or equivalent to $1.50 to $2.00 if applied over the total building area. KMA is familiar with several jurisdictions that are considering adding a child care linkage program and of those that ha~e them now, some will be doing an update within the next few years. None of the programs have been challenged in court, to KMA's knowledge. D. Child Care Fee Collection Projection Policy makers and planners like to have information on the approximate amount of funding a program will generate, given certain assumptions. This can be done by examining the annual level of construction activity and projecting it forward to determine funding for each dollar of fee. 1. Commercial Construction Santa Monica is a built-out city without a substantial amount of construction activity, residential or non-residential. City staff assembled data on commercial construction every year since 1990 (Table 11). This information was presented in Section IV. Commercial construction averages for various timeframes since 1990 are as follows: Non-Residential 1995-2000 1990-1999 1990-2002 201,562 sq. ft.lyr. 154,562 sq. ft.lyr. 135,275 sq. ft.lyr. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 47 C.C - 144 For purposes of looking forward, generally the longer timeframe provides a more useful - average. The 1990s decade was a particularly good decade for projection purposes because during the first half of the decade the economy was in recession and the second half of the decade was a period a vigorous expansion. Since 2000, the office market has been in recession, so for purposes of projection, KMA believes 150,000 sq. ft. per year is a good average. In Santa Monica very large projects are typically negotiated with the City and become subject to Development Agreements. Of the approximately 1,760,000 sq. ft. developed since 1990, over 700,000 of it was in Development Agreement projects. Without these projects, the average activity would drop to around 77,000 sq. ft. per year. For projection purposes, KMA would argue that much of this actNity probably would have happened in other projects and further, looking ahead, Santa Monica will probably have at least one or two large Development Agreement projects per decade on average. KMA recommends a projection range of 100,000 to 150,000 per square foot per year. From there one can examine the amount generated for every dollar of fee, or say, a $1, $3 and $5 per square foot fee range. $1 Fee $3 Fee $5 Fee 100,000 sq. ft. per year 150,000 sq. ft. per year $100,000 $150,000 $300,000 $450,000 $500,000 $750,000 Working from the mid ranges of both fees and construction activity, KMA brackets the proceeds from the program at roughly $250,000 to $450,000 per year. The above projection range implies two major conditions: · That the fee will be applied to all commercial type construction - office, , retail, entertainment, hotel, etc. This is not consistent with the current housing and open space fee. · That the fee program will not include exemptions or reductions for smaller projects. Again, the City's other impact fee programs do include reductions. 2. Fund Capacity vs. Costs On an order of magnitude level, it is helpful to look at the probable linkage program fund in light of linked child care costs, or in this case, child care center facility costs. It was established that the average cost per child care center space is $36,950 on average. (2005) ~, Keyser Marston Associates, Inc. Page 48 19305.005\001-016.doc, Prepared 2003; Portions R'3vised 2005 CC - 145 If an adopted linkage program generates $250,000 to $450,000 per year, then roughly ten new child care center spaces could be developed each year. Or, if the desired size of a child care center is 75 children, the City could fund development of a new center every seven or eight years. E. Santa Monica Development Agreements - Child Care Provisions The City of Santa Monica has negotiated with the developers of large projects over the past 20 years for child care payments or other provisions as part of the condition of approval for the project. Commencing with the Colorado Place agreement in 1981, the City has worked out child care mitigations on seven large scale projects. The chart at the end of this section (Table 14) summarizes the seven agreements. It appears that four agreements have called for the provision of a child care centers of varying sizes: · National Medical Enterprises (now MTV) project - 60 child care spaces · Colorado Place - a 2,000 sq. ft. child care center (about 28 spaces) · Water Garden- 3,500 sq. ft. initially, 7,000 sq. ft. by later phase (about 100 child care spaces) · Saint John's Hospital Expansion - a center for 49 children of which 21 must be .infantsltoddlers In addition, the Rand Corporation agreement calls for an expenditure of $500,000 toward a child care center. Most of the agreements specify that the project will give first preference to employees and/or tenants. A second priority for enrollment is City residents. The Water Garden and Saint John's require that a portion of spaces (10% and 25% respectively) be made available to the children of lower income families. These development agreements represent individual negotiations independent of a City policy or program to guide consistency of requirement. As such, they provide little guidance for future development agreements other than the precedent for requiring a child care mitigation in concept. F. Recommendations for a Child Care Linkage Fee Program for Santa Monica Drawing from the findings of the linkage analyses and from the materials in this section of the report, the following findings listed below are offered as a guide: 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 49 C.C - 146 · The maximum child care fee levels supported by the linkage analysis are as follows: Office - $5.27 per square foot Retail/Entertainment - $3.77 per square foot Hotel - $2.64 per square foot · The fee levied by the City should be under the maximum amount supported by the analysis. KMA always recommends a margin to allow for minor changes in conditions, different findings from new surveys, or other adjustments that might invite challenges to the fee level. With a margin, challenges are discouraged. · Based on the high land value structure in Santa Monica and high costs of development, fees at virtually any level below the maximums established by the linkage analysis will have only a negligible impact on development costs and land values and will not significantly alter development attraction in Santa Monica. · Given the low volume of commercial development activity in terms of new square footage added each year, fees should be at least $2.00 per square foot in order to accumulate enough funds to follow through on the purpose of the fee - to increase the supply of child care center spaces in Santa Monica. · For consistency, the City may wish to use the 7,500 sq. ft threshold for Development Review or the 15,000 sq. ft threshold for the office Mitigation Fee. Alternatively, the City may wish to reevaluate all thresholds in light of the average size of projects processed through the City and consider a different level to capture more activity. · KMA recommends that the Child Care Fee be applied to all commercial projects and that the City reevaluate expanding its Office Mitigation Fee to similarly include retail and hotel type projects. Retail and hotel projects are notably intensive in very low paying jobs. · KMA recommends that the ordinance include a provision for building child care center spaces as an alternative to paying a fee. The build option could include contributing to a child care center being developed by other sponsors, profit and/or non-profit. Rehabilitation of existing buildings for child care centers should also be permitted within such an option. The build option should be in similar proportion to the linkage finding as the fee is to the linkage maximum. Keyser Marston Associates, Inc. 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'" m '5 . < c 'E ! 5 I i Ul '5 b o ..:; ~~ ell.. C.C - 152 APPENDICES A, S, C, 0 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 55 C.C - 153 [This page intentionaUy left blank.] Keyser Marston Associates, Inc. Page 56 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 APPENDIX A GLOSSARY OF CHILD CARE AND DEVELOPMENT TERMS AlE (also A&E) - Architect/Engineer. Common abbreviation for the architects and engineers (including mechanical, electrical, structural and civil engineering consultants). Building Coverage - See Floor Area Ratio. Building Permit - The local government's demonstration that it has reviewed development .plans for compliance ~ith local codes and given permission for construction to proceed. California Education Code - Sections of the California Education Code pertain to child .care and development programs serving children part day or full day. Specifically, Section 8208 address programs that offer a full range of services for children from infancy through age 13, for any pc;trt of a day, by a pUblic or private agency, in centers and family child care homes. Section 8263 clarifies child eligibility for state subsidized child care and development services. Capital Cost - Money spent to improve a property and enhance its value over an extended period of time (as opposed to a repair). Capitalization Rate - A discount rate (expressec! as a percentage) used to determine the present value of a stream of future income (or expenditures). For instance, to establish a reasonable purchase price for a given investment property, investors, lenders and appraisers may utilize a capitalization rate to discount a stream of future rental income. A capitalization rate was utilized in the Child Care Linkage Fee Analysis for th~ purpose of estimating a one-time charge to address the impacts of new development over the life of a building. As such KMA capitalized the City's annual child care and youth expenditures at a rate of 10%. This rate is within the finance industry's acceptable range. CCR - California Code of Regulations. Child Care Center - Any child care facility of any capacity, other than a family child care home, in which less than 24 hour per day non-medical care and supervision are provided to children in a group setting in accordance with CCR, Title 22, Section 101152. In Santa Monica, the Santa Monica-Malibu School District (SMMUSD) runs full time and part-time centers for pre-schoolers (Child Care in Santa Monica, September 2000.) Child Care Linkage Fee - A linkage fee to mitigate the impacts on child care demand associated with building development and new workers or residents. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Assodates, Inc. Page A-1 C.C - 154 Construction Cost - The cost of constructing the building, including all direct costs of construction, plus contractor's profit and general conditions. Child Care Recreation, Enrichment, Sports Together (CREST) - Eight after-school programs jointly administered by The Santa Monica-Malibu School District and the City of Santa Monica for school age youth. Development Agreement - A legal contract between a public agency and a developer that includes conditions and terms for the development of a project. Development Cost - The sum of all costs for planning, administration, site acquisition, relocation, demolition, construction, tenant improvement allowance and equipment, all financing related costs, on.,site streets and utilities, a contingency allowance, insurance premium, any off- site costs required, any initial operating deficit, and all other costs necessary to develop the project. Direct Costs -- Costs directly related to the construction of a project, including site acquisition, demolition, construction, tenant improvements, landscaping, etc. Employee Density Factor - A measure of the average building space occupied by a single employee. Calculated by dividing the total building area by the total number of employees employed in the building. Family Child Care Homes (FCCH) - Child care facilities operating out of individuals' homes. They are categorized as either small (serving up to 8 children) or large (serving between 9 and 14 children. FCCHs can serve a combination of pre-schoolers (including infants) and school age children. Floor Area Ratio (FAR) - A comparison of the total area of a building with the total area of the land upon which it stf!lnds. Maximum or minimum FARs may be established by local zoning codes. Federal Poverty level - A minimum income level below which a household is officially considered to lack adequate means for subsistence and to be living in poverty. The U.S. Department of Health and Human Services annually updates the poverty guidelines by the Consumer Price Index. Housing Element - One of the mandatory elements of a General Plan of a City or County, the Housing Element identifies the needs and present options for the production of housing in acommunity . Keyser Marston Associates, Inc. Page A-2 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 155 Impact Fee - Charge levied on developers by local government to pay for the cost of providing public facilities necessitated by a given development or to otherwise lessen the negative impact of development upon the public. Also referred to as an exaction or governmental fee. Indirect Costs -Costs not directly related to construction, e.g., leasing and brokerage commissions, marketing costs, design and other professional service costs, property taxes during construction, development management and governmental fees and financing costs (e.g. Joan points, interest expense). Also known as "soft costs." Infant - Children from birth to two years (CCR, Title 22, Section 101152). However, for purposes of their programs, Santa Monica recognizes infants as children from birth to one year. Licensed Child Care - Child care programs in a center or provider's home which follow state regulations for staff-to-child ratios, education standards, program structure and facilities. Programs are regulated by the Department of Community Care Licensing in the California Department of Social Services (CCR, Title 22, Section 10152) or administered under the State Department of Education under Title 5 of the CCF. Mitigation Fee Act, AB 1600 - Legislation that amended California Government Code, Section 66000, requiring that local goyemment demonstrate a linkage between the amount of a fee, the fee's purpose, and the type of development on which the fee imposed. P.S.F. - Per Square Foot Pre-school Programs - In Santa Monica, pre-school programs serve children from two to five years. Includes subsets of children of different ages with different state regulations associated with them. (Child Care in Santa Monica, September 2000) Pre-schooler - According to the Health and Safety Code, pre-school children are children who are not infants, toddlers, or school age (Section 1597.059). Project Cost - See Development Cost. Rehabilitation - The improvement. alteration, modernization or modification of an existing structure to make it safe, sanitary and decent and/or to bring it up to Building Code Standards. Santa Monica Programmatic Costs/Santa Monica Scholarship Programs - Funds available to help lower and moderate income households residing in Santa Monica to meet their child care needs (Connections for Children Program and The Growing Place). School Age Children - Children of kindergarten age through grade five. (Child Care in Santa Monica, September 2000). 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page A-3 C.C - 156 loddler - A child between the ages of 18 months and 30 months (CCR, Title 22, Section 101152). Total Development Costs - See Development Costs. Universe of Employees - A grouping of individual employees for analysis purposes. In this analysis the "universe" of employees is comprised of 1,000 employees. Keyser Marston Associates, Inc. Page A-4 19305.005\001-016.doc, Prepared 2003; Portions Rlwised 2005 C.C - 157 APPENDIX B . THE DEMAND FOR CHILD CARE ASSOCIATED WITH RESIDENCES This appendix provides an analysis of the linkage between residential development and child cafe demand, similar to the analysis provided in Section /I of the main report on workplace building construction and child care demand. This analysis is in the appendix because KMA recommends that the City not proceed with a child care impact fee on residential development at this time. A. Santa Monica Residents - Demographic Profile and Growth A first step before embarking on the residential demand analysis is to review the demographic profile of Santa Monica residents. The data source is the U.S. Census 2000 series for the Gity of Santa Monica. Santa- Monica demographic characteristics are appropriate for describing households and the propensity to have children in them, whereas for workplace buildings one could look to the characteristics of the greater Los Angeles area because only a small share of ~ those who work in Santa Monica also live there. Santa Monica characteristics are notably different from the largef Los Angeles area. Some of the highlights presented in Appendix Table B-1, at the end of this section, are: · Only 16.8% of Santa Monica households contain children under age 18. (This may be compared to over 41% for Los Angeles County.) · Fewer than 5% of Santa Monica households contain children of preschool age. · Santa Monica did not experience growth in population or households over the 1990 to 2000 decade. · Overall the number of children under age 18 in Santa Monica grew slightly over the decade, by about 5% (from 11,977 to 12,314). · . Santa Monica had fewer children under age 5 in the year 2000 than it did ten years earlier. These statistics may be restated without the figures as follows: · Santa Monica is a city with far fewer children on average compared to the larger Los Angeles area. · There is no significant growth in the number of children and an actual decrease in the number of very young children (age 0-5). 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page B-1 C.C - 158 A description of the dernand analysis associated with households is provided in the next pages. B. 100 Households - Children Needing Child Care Like the workplace analysis, which utilizes a universe of 1,000 employees, the residential analysis works from a universe of 100 households in Santa Monica. Again, this approach is used to avoid having to describe children and child care demand in terms of fractional children carried to four or five decimal places. Using Census findings, KMA developed factors to quantify the number of children by age group as relates to the type of child care service needed, for 100 households or 100 residential units (the difference between households and residential units being only a minor vacancy adjustment). Unlike the analysis of children of employees which is limited to preschool children, an analysis for residents can addJess children of all age levels for which the City provides care or assists with services for its residents. The table below summarizes the incidence of children by age level and of children needing child care by virtue of parents being employed (two-parent households with both parents working and single-parent households with the single parent working). The last step adjusts for more than one child within the age group. Appendix Table B-2 . Child Care Demand for Households with Children in Santa Monica Per 100 Households Ho~seholds bv Aae of Children ~ 3 and 4 ~ 6-12 13-17 Total Households with Children (Age 17 and under) Factor Number Households Needing Child Care (Parent(s) Employed) 2.99% 2.99 1.73% 1.73 0.91% 0.91 6.13% 6.13 5.06% 16.83% 5.06 16.83 Factor 62.37% 62.37% 62.37% 73.00% 61.75% Number 1.87 1.08 0.57 4.47 3.13 11.12 Children in Employed Households Needing Child Care (Adjusts for more than one child in age group) Factor 1.09 1.06 1.03 1.06 1.11 Number 2.03 1.14 0.59 4.73 3.46 11.95 Source: US Census, City of Santa Monica, 2000. The conclusion is that for every 100 households, slightly under 12 children will have working parents and need child care or youth services, recognizing that "care" may not be an appropriate term for children over age 12. Keyser MarSton Associates, Inc. Page B-2 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 159 C. How Child Care Needs are Met The same national surveys and sources were consulted for this portion of the analysis as in Section II of the main report. Since there are no suitable surveys that allowed KMA to judge how the residents of Santa Monica might meet their child care needs in a different manner from the Country or State as a whole, KMA relied on the Urban Institute and UCLA surveys. Appendix Table B-3 restates from Section ".the distribution of arrangements for child care by age of child: Appendix Table B-3 Primary Child Care Arrangements of Employed Parents Age of Children 0-2 3 and 4 ~ Per 100 Households Parent/Relative 54% 35% 38% Child Care Center 22% 45% 40% Family Child Care Home 17% 14% 11% Before and After School N/A N/A 8% Other 7% 6% 3% 100% 100% 100% Source: Urban Institute, Primary Child Care Arrangements of Employed Parents: Findings from the 1999 Survey of America's Families, Occasional Paper Number 59, May 2002. For the purposes of this analysis and the City programs, the child care solutions of greatest interest are Child Care Centers and Family Child Care Home (FCCH) arrangements. The following findings from national surVeys provide confirmation that demand for these two arrangements is probably higher in Santa Monica than for the State or County as awhole. · Use of parents and relatives as a solution to child care decreases as household income increases. Based on the high income level in Los Angeles County compared to the U.S. as a whole, KMA estimates that far fewer families in Santa Monica use parents and relatives as a solution than the percentages indicated above. · Use of center-based child care arrangements increases as household income increases. · Use of "other" arrangements, which includes nannies and babysitters, is most expensive and, as would be expected, increases with household income. As a result of the generally accepted findings from multiple surveys, it is likely that the use of parental and relatives arrangements are far fewer and "other" arrangements far greater than the average, but that the use of child care centers and FCCH's are probably akin to the national and State average, or higher. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page B-3 C.C - 160 Based on the above, KMA estimates the child care demand associated with 100 households in Santa Monica, as shown in Table B-4. Table B-4 Child Care Demand by Type of Care in Santa Monica Per 100 Households 0-2 Age of Children 3 and 4 ~ Total Children in Employed Households Needing Child Care (Table B-2) 2.03 1.14 0.59 3.76 Child Care Center Factor Number 22.00% 45.00% 40.00% 0.45 0.51 0.24 17.00% 14.00% 11.00% 0.35 0.16 0.06 7.00% 6.00% 3.00% 0.14 0.07 0.02 1.20 Family Child Care Home Factor Number 0.57 Other Factor Number 0.22 Sources: U.S. Census, Urban Institute, Primary Child Care Arrangements of Employed Parents: Findings from the 1999 Survey of America's Families, Occasional Paper Number 59, May 2002. The conclusion of the above is that a universe of 100 households in Santa Monica is associated with the demand for 1.2 child care center spaces and 0.6 spaces in Fami/y Child Care Homes. D. Demand for Child Care Spaces Near Home In Section II of the main report, KMA made an allocation of a Child Care Center to two generic locations - near place of work and near place of residence. The allocation for the preschool child was 75% near place of work, 25% near place of residence, based on findings from parent attitude surveys and other evidence. At this point, to complete the analysis for demand for child care center spaces near homes in Santa Monica, KMA applied the 25% to the 1.2 children per 100 households. · The conclusion is 0.3 child care center spaces per 100 households, or 0.003 per household. Keyser Marston Associates, Inc. Page B-4 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C-161 E. Child Care Center Demand and Mitigation Costs The cost to provide the 0.003 child care center space for each household in Santa Monica can be estimated following the cost analysis and methodology presented in the Report. The conclusion of the survey and analysis (and 2005 update) for the cost of development of child care centers in- Santa Monica is $18,500 per space excluding land and $55,400 per space including land. Applying the cost per child care center space to the 0.003 spaces per household results in a cost per household as follows: Mitigation cost per household/residential unit, excluding land $56 Mitigation cost per household/residential unit, including land $166 Average $111 F. Households and Residential Construction Correlation The profile of Santa Monica demographics from the 1990 and 2000 U.S. Census, presented as the beginning of this section found that: · The number of households actually decreased over the period, going from 44,860 to 44,497 households over the decade. · The number of children under the age of five decreased from 4,048 to 3,448. Over the same time period, residential building permits issued by the City of Santa Monica indicate that over 2,600 new residential units were added (Appendix Table B-5). With these two data series there is no correlation between new residential construction and growth in households and increased child care demand. There are a number of possible explanations for these two seemingly contradictory sets of data. Among the possible explanations: · Household size is decreasing on average. · The rate of children growing up in Santa Monica and exceeding age 18 is occurring faster than the rate of new households with young children. · The rate of residential unit demolition and units lost to consolidation of existing units are considerable. Finally, it is possible that the Census is inaccurate or has undercounted in some manner. However, the U.S. Census is the mostly widely accepted body of data on such topics. If the City 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 8-5 C.C - 162 were to challenge the Census information, substantial data and analysis would be required, Until such time, the Census must be viewed as the authoritative source. Without the ability to make the case that each new residential unit equates to new demand for child care in Santa Monica, the linkage between new residential construction and child care demand cannot be supported at this time. Should the U.S. Census in 2010 produce data indicating growth in the number of small children, then the City could add a residential component to a Child Care Impact Fee program. Keyser Marston Associates, Inc. Page 8-6 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 163 APPENDIX TABLE B~1 SANTA MONICA DEMOGRAPHIC PROFILE CHILD CARE LINKAGE PROGRAM CITY OF SANTA MONICA 1990 2000 Population 86,90 Housing Units 47,75 Households 44,86 Households w/Children Under Age 18 Number of Households 7,171 % of All Households 16.02'l'< Children Under 18 in Santa Monica by Age Range Under 5 340A 28'l'< 5-9 260 29% 10 - 14 24% 28% 15 -17 160lc 15DA 100DA 100% Total Number Under 18 11,977 12,31.11 Approximate Share of Households with Pre-School Children 4.90oA 4.70% Approximate Share of Households with School Age Children 10AooA 12.60DA Number of Children per Household with Children Under 18 1.70 1.64 Los Anaeles County Households with Children Under 18 as % of All Households 41.30% 19305.005\001-Q16.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page B-7 C.C - 164 APPENDIX TABLE B-5 ANNUAL RESIDENTIAL BUILDING ACTIVITY IN SANTA MONICA COMMERCIAL BUILDING ACTIVITY IN SANTA MONICA CITY OF SANTA MONICA Assumptions: YEAR 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 SINGLE-FAMILY UNITS MULlT-FAMILY TOTAL UNITS UNITS (SF + MF) 237 308 219 339 187 218 110 122 29 39 60 66 172 195 280 308 762 808 240 276 405 460 196 239 71 120 31 12 10 6 23 28 46 36 55 43 1990-2001 Total (rounded) 480 2,900 3,380 Annual Average 40 242 282 (12 year period) 1995/2001 Total (rounded) 240 2,120 2,350 Annual Average 34 303 336 (7 year period) Sources: Construction Industry Research Board, KMA Keyser Marston Associates, Inc. Page B-8 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 C.C - 165 APPENDIX C OTHER WEST LOS ANGELES CHILD CARE CENTERS Les Enfants, Inc. Pre-School 2702 Virginia Avenue, Santa Monica (310) 315-0058 Developer · Page Construction _ Building Type · New construction · Stand alone center built in 1998 Size of Facility · Total = 10,000 square feet · Indoor space = 5,000 square feet · Outdoor space = 5,000 square feet Child Care Slots · Infant = 28 · Toddler = 18 · Preschool (age 3 to kindergarten) = 26 Costs · Land: N/A · Construction (building shell): $120 per square foot · Tenant Improvements, Fixtures, .outdoor Play Area, etc.: $16,000 · Furnishings and Equipment: $5,000 · Start up Costs: $1,700 for licensing, fire inspections, training, curriculum, and losses until facility is running at capacity Parking Requirements · 5,000 square feet dedicated to parking Source · Nancy Behravesh, Director, Les Enfants, Inc. 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page C-1 C.C - 166 ,. I Wests ide Children's Center (WCC) 12120 Wagner Street, Culver City (310) 397-4200 Developer · WCC Building type · New construction · Stand alone and expansion of existing facility 2002 Size of Facility · Total = 26,650 square feet · Indoor space = 11,650 square feet · Outdoor space = 15,000 square feet Child Care Slots · Infant = 0 · Toddler (18 - 34 months) = 48 · Preschool (age 35 months to kindergarten) = 52 Costs · Land: Land purchase at $1 million in 1995 when values were depressed. Industrial zoned land owned by the City of Los Angeles. · Construction (building shell): Total development costs were $2.2 million or $190 per square foot. · Tenant improvements, fixtures, outdoor play area, etc.: $344,000 or $30 per square foot. · Furnishings and equipment: $87,000 · Start up costs: $107,000, including curriculum materials & equipment. Parking Requirements · A new structured parking area will be provided to serve the site. There are 10 drop- off spaces. Other · Child care facility is part of the new Child Development and Neighborhood Center. The new building enables WCC to more than double its on-site child care services to lower income families, including subsidized infant care program. Keyser Marston Associates, Inc. Page C-2 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 c.c - 167 c.c - 168 · The project also includes a large community meeting room and a professional kitchen. Source · Douglas Chin, WCC 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page C-3 New Path Montessori School '962 20th Street, Santa Monica (310) 450-2477 Building Type · Rehabilitated - 2001 · Single-family home in residential area Size of Facility · Total = 2,400 square feet · Indoor spa~e = 1 ,200 square feet · Outdoor space = 1 ,400 square feet Child Care Slots · Infant = 0 · Toddler = see below · Preschool (age 2 to kindergarten> = 30 Costs · Land: $328,000 · Construction (building shell): $125 per square foot . Tenant Improvements, Fixtures, Outdoor Play Area, etc.: $35,000 · Furnishings and Equipment: NA · Start up costs: $200 for licensing Parking Requirements · Three drop off spaces and staff parking spaces provided. 12' property in alley Source · Chandra Jayasekara (Ira), New Path Keyser Marston Associates. Inc. Page C-4 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 c.c - 169 Saint Joseph Infant Toddler Development Center 718 Rose Avenue, Venice (310) 396-6468 Developer · Venice Community Housing Corporation, Owner Building type · Rehabilitated - 1999 · Two-story low-rise office building Size of Facility · Total = 2,470 square feet · Indoor space = 1,570 square feet · Outdoor space = 900 square feet Child care slots · Infant = 6 · Toddler = 17 · Preschool (age 3 to kindergarten) = 0 Costs · Land: $114,900 · Construction (building shell): $161 per building square foot · Tenant Improvements, Fixtures, Outdoor Play Area, etc.: above · Furnishings and Equipment $32,000 · Start up Costs: $10,600 for licensing, training, curriculum, family recruitment Parking Requirements · Two spaces Other · Mostly funded with public grants Source · Judy Alexander, Saint Joseph Center, (310) 396-6468 · Lori Zimmerman, Venice Community Housing Corporation, (310) 399-4100 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page C-5 r r _ 1 7() L n " " UCLA Campus Child Care Center UCLA Campus (310) 206-1861 Developer · UCLA Capital Programs Building Type · Planning - Expected 2003 · New stand alone center · Renovation of existing structure (approx 1,000 square feet) for new administration area (lobby, kitchen and conference room). Size of Facility · Total = 12,000 square feet · Indoor space = 5,000 square feet · Outdoor space = 7,500 square feet Child Care Slots · Infant = 12 · Toddler = 12 · Preschool (age 3 to kindergarten) = 60 Costs · Land: University donation · Construction (building shell): Only provided "Total Cost Allin" amount equal to $2.1 million or $420 per building square foot · Tenant Improvements, Fixtures, Outdoor Play Area, etc.: Above · Furnishings and Equipment Above · Start up Costs: Above Parking Requirements · Parking provided for staff on-campus but not attached to facility Other · Major private donation for construction Source · Gay Macdonald, (310) 206-1861 Keyser Marston Associates, Inc. Page C-6 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 APPENDIX D- CHILD CARE PROGRAMMATIC EXPENDITURES OF THE CITY A. Introduction In this section, KMA summarizes the expenditures made by the City of Santa Monica for various child care programs and youth services and links them to residential units. They are linked to residential units, and not workplace buildings, because the services and programs are available to residents if not exclusively, certainly primarily. As indicated in the Report introduction, a narrow, but widely accepted, interpretation of the Mitigation Fee Act, AB 1600 as written into California Government Code, Section 66000 (Code) is that linkage fee type programs may only address capital or facility costs. Since the expenditures examined in this section are all programmatic costs, they are not eligible for linkage fee purposes. As such, this material is summarized for added information only. For purposes of this exploration, KMA utilized expenditure information for one year (Fiscal Year (FY) 2002/03 Budget). Should the City elect to proceed with any use of the information, it is recommended that additional data for more years be assembled. Average annual City expenditures should reflect data from at least three to five years would to provide a more solid foundation for any purported average. Given the limitations for proceeding with programmatic expenditures, and the fact that a residential impact fee is not recommended at this time, the information and methodology presented in this section are intended as illustrative only. B. City Expenditures on Preschool Child Care The City of Santa Monica responds to community needs through direct service provision or contracts with community agencies through the City's Community Development (CD) Program. The CD Program awards funding to Connections for Children (CFC) and The Growing Place for child care scholarships to low and moderate-income Sallta Monica families. CFC prioritizes their subsidies for the Santa Monica Child Care and Family Support Program to families of children from infants through preschool and The Growing Place'is a child care center that serves families with children from three months through preschool. Both these programs receive funding for their operations and scholarships. In FY 2002/03, CFC received $122,025 and The Growing Place $171,000 for operational costs. This excludes the amount of funding for their award of scholarships. In order to determine the costs of the program per residential unit in Santa Monica, it wa.s necessary to apply the City. expenditure on general progrRm operations to all children of appropriate age in the City and ultimately all households and housing units. Another methodology, which would end with the same result, is to identify the 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 0-1 rr - 172 expenditure per household in the program and then establish the rate of participation among those eligible. This analysis is summarized in Appendix Table D-1 below. Appendix Table D-4, at the end of this section, presents the figures from the City Budget divided into the two components. Appendix Table D-1 Programmatic Expenditures for Preschool Children, per Residential Unit Total Cost of Programs Connection Program excluding Scholarship Program The Growing Place excluding Scholarship Program $122,025/Year $171,000/Year Total $293,025/Year - Total Number Eligible Children in Santa Monica Ages 0-4 plus 50% of Age 5 3,773 Cost per Eligible Child in Santa Monica $77.66/Year Rate of Eligible Children per Household (Number of eligible children divided by all households in Santa Monica - 44,497) 8.48% Cost per Residential Unit Cost per Residential Unit (8.48% x $77.66)* Cost Capitalized @ 10% $6.59/Year $66 *Afternatively, $293,025 costs divided by 44,497 households = $6.59 The conclusion is that the cost of the program per household or residential unit (the difference being a very small vacancy factor) in Santa Monica is $6.59 per year, or capitalized at 10% to address the long term. C. City Expenditures on School Age Child Care The City of Santa Monica's program for school age children is called the CREST program. The program serves 4th and 5th grade students, or for this study's purposes children age 9 and 10 years old. Outside of the scholarship component, the City contributed $851,968 per the FY 2002/03 Budget (see Appendix Table 0-4). . A similar methodology for determining the cost per residential unit as was employed with the preschool programs is utilized. Keyser Marston Associates, Inc. Page 0-2 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Appendix Table D-2 Programmatic Expenditures for School-Age Children, per Residential Unit Total Cost Program CREST Program excluding Scholarship Portion $851,968/year Total Number Eligible Children in Santa Monica (4th and 5th graders or 9 and 10 year olds) 1,596 Cost per Eligible Child in Santa Monica $534/year Rate of Eligible Children per Household (Number of Eligible Children Divided by All Households in Santa Monica - 44,497) 3.60% Cost per Residential Unit Cost per Residential Unit (3.6% x $534) Cost Capitalized @ 10% $19.22/year $192 The conclusion is that the City spends $19.22 per residential unit per year on this program. The annual cost capitalized is $192. D. City Scholarship Programs As mentioned, the CD Program provides funding to the CFC and The Growing Place for programs that assist low and moderate-income households with cost of child care. In FY 2002/03, the annual amount available per child averages $5,900 for CFC and The Growing Place and $1,170 for the older children in the CREST Program. For FY 2002/03, CFC awarded 79 children scholarships from 60 households. The Santa Monica Child Care and Support Program awarded approximately 70% of the scholarship families up to the 75% of the state median income and the remaining from families that exceeded the state median income. The Growing Place awarded scholarships to families attending Marine Park Child Development Center based on a variety of criteria including family income and need. They do not use a standardized formula or the state median income as criteria. The CREST program has developed its own fee schedule and wnl scholarship families above 80% of the state median income depending on family size. The scholarship averages were derived from total expenditures and total recipients. (See Appendix Table D-5, at the end of this section.) 19305.005\001-Q16.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 0-3 The scholarship programs are available to resident families who meet their child care needs by placing their children in child care centers or family child center homes (not to pay for relatives care, nannies or babysitters). To ascertain the share of children needing child care who meet their needs in this manner, KMA relies on the percentages presented in the Report Section /I addressing how families meet their child care needs. To estimate how many qualifying households there would be per 100 residential units, one can look to the City's rate of affordable housing production as a share of total units. For the purposes at hand, one can therefore look to housing production for units affordable to up to 80% of median income households, which is consistent with the maximum income level of families who typically receive child care scholarships. According to the recently adopted Housing Element, there were 1,167 units built in the City from 1988 through 1997 of which 395 units, or 34%, were affordable to low and very low income households (below 80% of median income) (Housing Element Section V-2). At the time of the Housing Element preparation, looking forward from January 1998, there were 467 out of 2,553 units proposed or in the "pipeline" that met the same income definitions, or 18%. Merging the two periods, the City averaged 23% of its annual housing production affordable units to this income range. If the 23% average is applied to 1 00 ~esidential units, we find the following: Appendix Table 0-3 Number of Children Eligible for Scholarships and Estimated Costs Per 100 Residential Units Children Needing Child Care (Appendix C, Table B-2) Children with Child Care Needs Met by Other Than Parent or Relatives Number Children Qualifying for Scholarship Subsidy @ 23% Cost of Scholarship/Subsidy Per Child - Annual (see Appendix Table D-5) Cost per 100 Units Cost per Unit Cost Capitalized @ 10% Aae 0-5 Aae 6-12 Ism!! 3.76 4.73 8.49 55% 36% 45% 2.07 1.70 3.77 0.47 0.39 .0.86 $5,900 $1,170 $2,770 $456 $3,226/year $32.26/year $323 In summary, when the cost of the scholarship program is allocated to each residential unit, the annual cost is $32 per year, which capitalized at 10% yields a capital cost of $323. Keyser Marston Associates, Inc. Page 0-4 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 E. Other Expenditures for Child Care and Youth Services City staff assisted with the preparation of materials on City expenditures for other child care related programs and youth services. Conceptually these expenditures are the same as child care programs in that they are available to the children and youth of resident families in Santa Monica. Staff therefore screened the budgets of City departments and extracted the programs for children and youth and the amount budgeted for FY 2002/03. This procedure led to an assembly of City department programs, which include the Human Services Division, Environmental and Public Works, Police, Library, Fire, Resource Management, SMMUSD, City Manger, Community and Culture, Community Programs and the Blue Bus. Appendix Table D-6 at the end of this section contains the listing of programs and amounts in the proposed budget. The program list does not include the expenditures for the preschool or other programs presented thus far in this analysis. All programs on the list are additional programs; there is no double counting. The finding is that the City's proposed budget contained programs for children and yout~ totaling $11,751,914 or nearly $12 million. At the time of the 2000 U.S. Census, the City of Santa Monica had 12,815 children under age 18 residing in it. The total expenditure divided by the number of children is nearly $1,000 for each child per year, or $917 per year to be more precise. The total City expenditures divided by the number of households yields $264 per household, which capitalized at 10% is $2,640 per residential unit. F. Summary of Costs Per Residential Unit As previously described, there are limitations to residential linkage in Santa Monica due to the lack of growth in the number of young children in the City. In addition there is the requirement of a liberal interpretation of the Code to do a linkage program using operational or program type costs. Finally, figures here are drawn from a single budget year. For these reasons, KMA emphasizes that the analysis is illustrative only. The following summarizes the total child care program and youth services expenditures amounts per residential unit. The result of adding together all the pieces is: 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 0-5 Cost Der Unit City Preschool Programs City School Age Program (CREST) City Scholarship/Subsidy Program Other City Expenditures for Child Care and Youth Services $66 $192 $323 $2.640 Total Per Residential Unit $3,221 In summary, the total child care programmatic costs, including youth services for children up through age 17, is $3,221 per residential unit in Santa Monica. M .. .. Keyser Marston Associates, Inc. Page 0-6 19305.oo5\001-016.doc, Prepared 2003; Portions Revised 2005 t" (,'i' Jable D-4 CITY PROGRAMS FOR PRE-SCHOOL AND SCHOOL AGE CHILDREN CHILD CARE LINKAGE PROGRAM CITY OF SANTA MONICA Annual Balancel Annual Subsidiesl Program Proaram & Budaet Cateaorv Youth Budaet 1 Scholarships2 Cost I. Community and Cultural Services Department A. Human Services Division Community Development Program Grantees Connections for Children -$753,740 $590,136 $163,604 The Growing Place $246,000 $65,986 $180,014 B. Direct Services Programs CREST - Child Care Component Only $846,570 $0 $846,570 Scholarships $605,501 $520.2003 $0 2 City of Santa Monica. Proposed FY 2002-03 Youth Budget City of Santa Monica, Subsidy Information FY 2001-02 provided by City staff. See Table B-5 3 Assumes difference is attrtbuted to other non,youth scholarship programs itemized in budget. 19305.005\001-016.doc, Prepared 2003: Portions Revised 2005 Keyser Marston Associates, Inc. Page 0-7 j :IE ::l .. :IE ~ h ~g ~f< 6~~~ :i;;~i !1l S:;<! "'oill IS,,;;: Cuu&&. GiIDeo H:!i!~ <[uuu ! 0; ~ " ! s~ I~~ .. ~ ~ o U ;g S L- 11 ~ ~~ H!~~ :!2.g~8l! ii~o.:!28 ia.E~ s oS ~ p !!tsi ~~! Iii ~ ~t~~1 l~_.jii i ~~li~:9 ~ [ilE~ti ie-HH .E 5 oS: g. i.e ~i .Ii -= a' ..& ~ i! ~ D fA U ~ iZ ~~!(! E '5 ",.2~ 'i' I ~~:5~:2 0~~.2~ il.l! <31=.l!.20,s ~~~i~~~ aioD II :lI,g 0... n~~m.~! p]j ~~:; BSh~-~ .5~.2:lE.5il- l!'''i'''6- ~!! :2J!E5lL~aS ~t~8.!iE1l~ m.a't5I11JI~-8 c. " i~~ 15~ l'El"il.e C5 tf :!2!.c CD c ~. ,g I ~ i =!iB;!i.5 :J l! l5 3!.2 III C lJ i!~i~t i l!<3lil~:;}'5. .ll it~~:;~~ oil .18 ~ 1: ~!"~ :5!c:i!l:l1ll ~-Ej~Ell ~B~~ij:i H ~ r~ ... :!!~< ~ u t 1! il ~ E ~ ,1; o o N ;i ~ .; .. ~ o o '" Ii jj ~ .... o .... '" ~ 1'\ j u ... !:!. c ! :!! f, ~ . . o 1 o u ~ o '" :g .. ~ ] <Jg HIll ]~~~~ 'tJc=elll l! ~ 1;''E! ~ u~~:; ,l!q.l!:lE ''511 a. E! lIS' ~'" ! ~ i i; B'iifo <3 It"as o o ;i o .. o g ;i o g ;j, ~ ~ u o II ~ ~ ii: f " ~ ! i OJ o E ii ... ~ I. .. i! ~ g u llIioi 0; ... ~~."! ~;;~Ei::i ~ I a. t. !t o;tl~a.~N oi01!~!;I ~:glit--;5i ::;H~H ~ -5 : I! 2-08 ....;u''<!& .s:5e~~~ .!l 0 !l: ~ .. E:lE!~~ ~ g-liH J ~ !"'~~iii IIHH r;i II ;;f l.. ..e~:t ~5i~~ 1CO:9~O H.,.~ Jl L H ~l! &! ~c ~ " " :g ~.i:- :: 8 c ::l~..5 ::::l .!!~ .8 6 i!!.I : 11 a. 'Ii I H~.:t m-po.!j hi~oi H~H ~:Jij HllH li ii ~ ~ ~ J ~ OJ .!!mj-a g E" E Z!~; . . ~i~~ft ~..~=:6-E i~&Je~~ 2:!l!].m Hj!B~ ~cloCll:J .. 0 i . c E "'j - ~ "J!l ~1t!:~i ~.!!~~!i <$ OIE::iiia.. i. ~r :!!;i< ~ u :. 1! fi ~ m E ~ ~ ~ .. ~ ~ l! ~ ~ .a ~ ~ ! ~. ~5~ .... .. 0 f ..li:g ~ i ~N ~ "Ii J ~ z .. i! ~c;~ ~ ~ ~ J I- .. ll! o ~ ~ ~ j ~ I s: ~ c; ~ ~ ~ 0;; g on ~ ij I I '" l ,:! 1; I .. .,; ~ . " " . t " . !~ o.~ ~1il I~ ~~ H If ; ~ H ill ".... "9 .~ ~ ~ori 1; ~ ~ :oil H p~ I-'ol ~~ 5" I~ ..it H ~ ! ~ I ~'I' l;; . Ii' ,,"- t .. Table D-6 CITY EXPENDITURES FOR CHILD CARE AND OTHER YOUTH SERVICES. CITY OF SANTA MONICA PROPOSED FY 2002-03 YOUTH BUDGET (non school based programs and funding levels are in italic) DRAFT Santa Monica-Malibu Unified School District Annual Operating Grant Grad Nite Subsidy $3,000,000 8,100 City Manager KidScape/Family Guide Publicati9n 22,000 Community and Cultural Services Department Capital Improvements Program Skate Park 572,000 Cultural Arts Division Non-School funding and programs School Linked Funding and Programs 55,590 177,500 Community Programs Division Youth Classes and Programs Miles Playhouse School Playground Community Use Access Program Therapeutic Programs 69,574 167,756 168,912 25,888 Event Facilities Fee Waivers for Parking and'Rental to School District 29,200 Human Services Division Community Development Program Grantees Boys and Girls Club of Santa Monica (Skate Park) Computer Access Center Dispute Resolution Services: (Youth and Family Program) EI Nido Family Center (Edison/WiII Rogers Elementary) Family Service of Santa Monica (McKinley, Muir ElementarylSAPID) Family Service of Santa Monica: Agency Based Services Growing Place: Mentor Program Jewish Family Service of Santa Monica (Santa Monica High School) Ocean Park Community Center: Sojourn Services Santa Monica-Malibu Unified School District: Enlace Familiar 25,420 11,583 48,175 110,085 137,760 57,605 10,250 26,138 47,300 62,360 19305.005\001-016.doc, Prepared 2003; Portions Revised 2005 Keyser Marston Associates, Inc. Page 0-9 r r - 1 5<0 J Santa Monica-Malibu Unified School District: Santa Monica High School Alliance Saint John's Child and Family Center (John Adams/Lincoln/Olympic) St. Joseph Center: Family Self Sufficiency WISE: Senior Services: RSVP/America Reads Woodcraft Rangers: Pico Neighbomood Youth and Family Center Direct Service Programs Aquatics Middle School sports Leagues CREST (Childcare, Recreation, Enrichment, Sports Together) Recreation (Playground Access) Enrichment Sports Police Activities League Virginia Avenue Park: Youth and Families Programs Environmental Public Works Manaaement School Related Programs Non-School Related Programs Fire Department: Fire Safety Proarams Library Services School Based Youth and Families Services Police Department School-Based Services Youth and Family Services Resource Manaaement Department Bia Blue Bus TOTAL "'Excludes: Connections Program CREST Child Care City Employee Child Care Subsidies Growing Place: Marine Park Child Development Center All Scholarship/Subsidy Programs .. 308,013 175,705 161,875 30,750 318,000 859,822 126,807 73,281 131,412 262,796 444,625 .421,435 68,500 38,500 31,500 355,000 1,514,730 457,053 1,106,414 12,000 20,500 $11,751,914 Keyser Marston Associates, Inc. Page D-10 19305.005\001-016.doc, Prepared 2003; Portions Rev ~ed 2005 ATTACHMENT D DEVELOPER CULTURAL ARTS REQUIREMENTS SURVEY AND EVALUATION OF OPTIONS 23 Surnmary and Recommendations Report Developer Cultural Arts Requirement Survey and Evaluation of Options . , Prepared for: City of Santa Monica Prepared by: Keyser Marston ASsociates, Inc. Carol Goldstein November 2005 c.c - 185 "".' c.c - 186 ,I. ,'..... .J''''ot , rrhis page intentionally left blank.] TABLE OF CONTENTS -::;: Page A. Introduction 1 B. Survey of Requirements in Other Jurisdictions 3 C. Analysis of Developer Arts Requirements and Recommendations 9 D. Key Features of a Recommended Requirement Program 13 E. Work Program for the City/lmplementation Planning Needs 19 F. Estimate of Annual Value of Art and, In-Lieu Payments from the Requirement 25 G. Disclaimers 31 C.C-187 ......' I'~ .I.t.. CC - 188 . [This page intentionally left blank.] A. INTRODUCTION In recognition that much of the identity of Santa Monica is defined by the built environment, urban design and land use aesthetic, the City Council directed staff to analyze the potential for requiring a developer contribution to the arts and cultural enrichment of.the City. The City has both a Public Percent. for Art Program and a long history of including arts contributions in negotiated development agreements The City contracted with Keyser Marston Associates, Inc. in March 2003' to collect and analyze information and to explore measures for obligating private development to make a contribution . to arts and culture in Santa Monica. lhis Summary and Recommendations Report provides a condensed version of tasks pr.esented in the Background Report - a Survey of Arts Requirements in Other Jurisdictions, including an overview of programs in Santa Monica, and an Analysis of Developer Requirement Programs. This Summary Report also provides reCommendations on the basic structure of a Developer Cultural Arts Requirement for Santa Monica, on key provisions of the requirement program, and a work progra~ for the City for completing the policy framework and program guidelines and procedures necessary for implementing the Developer Requirement. kMA was assisted by Carol Goldstein, a subcontractqr with a national practice in planning and development consulting related to the arts. Carol Goldstein conducted a survey of developer arts requirements in other jurisdictions in the summer of 2003. The survey and analysis description, as contained in the Background Report, was prepared in October 2003. Portions were updated. in summer 2005 when the Summary and Recommemdations Report was prepared. KMA and Carol Goldstein believe that none of the earlier information has changed in a manner that would in any way alter the conclusions of this report. The City specifically requested that the study analyze opportunities for enacting a linkage fee, similar to other linkage or impact fees in Santa Monica, that would obligate new d~velopment to pay a fee to support arts and cultu.re. KMA was selected to prepare this study based on the firm's extensive experience with linkage and impact analysis. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-Q16.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 1 . ,...,,...., 1 on c.c - 190 "'.' I~'" _'''''.. [This page intentionally left blank.] Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 2 .. B. SURVEY OF REQUI~EMENTS IN.OTHER'JURISDICTIONS .... In the summer of 2003 Carol Goldstein, subconsultant to KMA, undertook an extensive survey of developer arts requirerpents.. in other jurisdictions. The purpose of the survey was to learn what has been done elsewhere and to assemble possible ideas for a program in Santa Monica. A specific charge of the :suOiey was to determine whether any jurisdictions in California (or elsewhere) have adopted an arts linkage or impact fee, 'includin~ preparation of the requisite nexus analysis: Survey Scope and M,ethodology The survey was conducted in multiple steps to cover a broad range of jurisdictions in California. Jurisdictions were selected based on the consultants' prior knowledge of their program, or if the '. , . I jurisdiction was deemed a likely candidate to have a creative or more comprehensive program. Since providing a variety of findings was a goal, s19lected cities in other states were also added. Altogether over 40 jurisdictions were contacted. The primary information sO,urce was telephone interviews with city arts coordinators or other staff, supplemented by online sections of city code and o~her material, and items sent to Carol Goldstein upon request. A list of questions asked is provided in the Background Report. A copy . '. . of the assembled materials is b~ing provided to City staff. The chart following this section (page 8 of the Summary Report) summarizes the key provisions from selected cities. in the survey. It contains information on seven programs of particular interest to Santa 'Monica. (See Background Report for a more complete summary). General Findings Following are findings regarding how the requirement is applied to private development projects: . The most prevalent type of program is one that requires the developer to expend 1 % of building permit valuation on art and/or make an in lieu payment. The vast majority of programs follow this model. . Most qeveloper art requirements cover the entire city (or county); some are limited to downtowns or other sub-areas. A number of redevelopment areas have special provisions, particularly in the case of redevelopment agency assistance to a project. . Most programs make use of thresholds, or building permit valuation levels that affect how the project is treated. Many have a form of minimum threshold, below which projects are exempt from any requirement, either on-site or in lieu. Some programs have Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\00Hl16.doc; 11/10/2005 Keyser Marstr,n Associates, Inc. Page 3 C.C - 191 maximum amounts required irrespective of project valuation. Step-up or graduated percentages and other features are also utilized in some instances. · Building types subject to the requirement vary somewhat. The most prevalent is commercial (office, retail, and hotel). Multi-family is also common. Some jurisdictions make the requirement of virtually all construction, including industrial, single family residential, additions and remodels. · Exemptions for certain types of projects, for policy reasons, are common. Examples include affordable housing, churches and schools, and cultural buildings. . Most programs allow transportation of the art, art consultants, installation costs, and other art-related costs that are not specifically fabrication or design to count toward the required amount of expenditure. Off-Site and In-Lieu Features Findings · Most, but not all, developer arts' requirement programs allow either off-site compliance and/or in-lieu cash payment as an alternative to on..:site art. · Some programs inch,Jde performing art and other cultural options in the program, both on-site and off-site. Examples are Cathedral City, Dana Point, West Hollywood, Tempe , . (Arizona), Pasadena, and Los Angeles. · A fe~ programs, such as that of the .Los Angeles Community Redevelopment Agency, require in lieu payments in addition to on-site art, if projects are of a certain size. I · .As for .eligible uses of in-lieu fund monies, many ordinances are vague. Almost half the cities clearly restrict funds to the purchase of physical, permanent art. Cathedral City, Palm Springs, Long Beach, Los Angeles, Pasadena, Santa Fe Springs, Sedona (Arizona), Tempe (Arizona), and. West Hollywood clearly allow the use of funds for a far broader definition of arts and cultural programming. These uses have included temporary art installations.(West Hollywood) and children's concert series (Tempe), among others. · Some cities specify that a certain share of in-lieu funds may be spent on performing arts. For example, Culver City stipulates that up to 25% of in-lieu funds may be allocated to performing arts. · In a few cases, redevelopment agencies have policies and the ability to spend in-lieu funds for such things as artist workshops. It must be noted, however, that redevelopment agencies under California law have more broad and flexible powers than cities have. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates. Inc. Page 4 CC - 192 r' r' 1 0'1 Impact Fees and Nexus Studies .. Three California cities were identified that have completed nexus studies and have programs with elements consistent with linkage or impact fees. These cities are Long Beach, Los Angeles and Newark, a small city in the San Francisco area. · A number of cities expressly state that their programs are not fees subject to nexus study support requirements. · All the cities that have these "fee~ type programs have companion regulations that are keyed to 1 % of building permit valuation to set the amount of the "fee" or some other upper limit. As.. a result, these programs are probably not purely f~ programs (neither the programs nor their supporting nexus studies have been challenged in court). Section C discusses structure and legal framework. Overview of Santa Monica City Spending on Arts and Culture An overview of how the City of Santa Monica currently assists arts and culture was prepared to provide orientation and context for the evaluation of measures requiring a private sector develoPf3r role. For the overview, material was drawn from the following: . Cultural Arts Master Plan Update, prepared for the Cultural Affairs Division by AMS Planning and Research, July 1996. (The 1996 Master Plan 'Update) . City of Santa Monica Cultural Arts Master Plan, AMS Planning and Research, August 1992. (The 1992 Master .Plan) Fiscal Year (FY) 2002/03 City of Santa-Monica Budget for Cultural Affairs Division. The Budget for FY 2005/06 has been added as a recent update. . The City's Cultural Affairs Division is responsible for overseeing Santa Monica's efforts to support arts and culture. The Division has a staff and budget within the City's administrative structure, and is responsible for a range of programs for the City. Cultural Affairs Division Goals The City's goals with respect to cultural arts and the Division's responsibilities were articulated in the 1996 Master Plan Update, as follows: · Marketing and Promotion of Arts and Cultural EvelJts Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc: 11110/2005 Keyser Marston Associates, Inc_ Page 5 .., - ....... ~ · Expanding Arts Programmil)g in the CitX . Improving and ~~pporting Art Education . Assessing Facilities for Visual and Performance Art and Emphasizing Cultural Uses in New City Buildings . Providing Funding and Support Services for Arts Organizations · Improving the Organizational Structure of the Cultural Affairs Division . I ~.J'~ I . It is understood that the 'City is ~mbarking on a program to prepare a new Cultural Master Plan, which could result in a revision of these goals. One goai that ha~ emerged from discussions with staff and input frompubli~ outreach visioning sessions, c~>nducted in 2005, is for a Cultural Arts Requirement that can 'maintain the outstanding quality ,level of the cultural arts in Santa Monica. Cultural Affairs Division Programs The programs administered, by the Cultural Affairs Division ar~: · Public Percent for Art Program - This program designates that one percent of the total budget of all eligible City capital improvement projects be allocated to the Public Art Program. . The Art Bank, a porJ;able artwork collection . Grant Making to loCal .cultural'organizations · T echnieal Assistance to 10c;alcultural organizations and artists · Santa Monica Festival, an annual event . Additional Efforts, such as research projects · Miles Playhouse . Cultural Affairs Division Expenditures The .Cultural Affairs Division lias an annual budget for various program areas. In FY 2002103, the Cultural Affairs Division administered the following: Programs and related Public Percent for Art Program Staffing Total ~397 ,570 $380,402 $215.600 $993,572 Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 6 c.c - 194 The Budget for FY 2005/06 provides for the following: Programs and grants Public Percent for Art Program Staffing (no net new FTE positions) Total $530,000 $352,000 $439.000 $1,321,000 Virtually all expenditures are for the various programs. None are for buildings or facilities. Prorated to the population of Santa Monica, the expenditure level computed to about $11.83 per capita in 2002/03. The 2005/06 figures compute to $15.73 per capita (population estimated at , 84,000). The City makes additional expenditures related to cultural arts that are administered under other departments and budgets. To illustrate a broader accounting of expenditures, we can look to a study prepared for the City of l,..ong Beach. The Long Beach study summarized expenditures and included such items as services from the Fire Department for parades, library purchases of arts and cultural related books, parks and recreation expenses for events, convention and visitor bureau expens~s, and even a portion of the General Fund overhead budget. Using this very broad accounting, it was found that Long Beach spent $11.25 per capita. Were Santa Monica to use a similar approach, it would be found to spend far more than Long Beach or most all cities on a per capita basis. . Summary Overvie,w of Santa Monica Programs The City of S~nta Monica defines arts and culture broadly to encompass a wide range of visual, performing, and other cultural arts activities; venues and facilities; education programs; and support for artists of wide ranging disciplines. 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III ;1. ... ..,. o o ..... ~O 00> 0(1) ........ o C> CII i5 <: III (/) '0 ~ ~ 15 J: ~ !l "iii > ~ '" 0. o I~ I 1 : .l; .. -'IE: 1::g ~o eS "5- ~~ a: .. ~~ ~~ "5~ O. U .!!'" ..- i; o " o Q. .. a: !! o i i I a: I ~ ~ " ., ~ .5 .. o 7i 'u : "" c fl ~ ::; ~lD 0" ~~ "'0. ;.r->: c. ANALYSIS OF DEVELOPER ARTS REQUIREMENTS AND RECOMMENDATIONS In this portion of the assignment, KMA analyzed the various developer arts requirements and organized them into categories according to their probable legal framework. A continuum was devised that moves from programs that simply require on-site art only, to those with off-site and in-lieu choices, to those that have a mandatory payment component akin to an impact fee. Four levels were identified: . Level 1 : Art on-site - usually based on % building permit valuation . Level 2: Art on-site or off-site or an in-lieu payment . Level 3: Payment of an in-lieu amount in addition to art on-site . Level 4: Payment of a fee as the requirement Level 1 : Art On-Site This type of program, the oldest model and often called an Art in Public Places Ordinance, requires private ,developers to provide art on-site in a location accessible to the public. The art is purchased by the developer, owned by the developer, and maintained as part of the project. In the Level 1 format there is no off-site or in-lieu option. The program in area, Orange County is . one of the earliest, adopted in 1974, and has produced a great number of art works of which the city is very proud. Other Level 1 cities in the Carol Goldstein survey include San Francisco and Sunnyvale. In the interest of variety, others of this model were not researched for the survey, but many mo~ are believed to exist. . Until 1996 there was some question as to whether an art requirement of this type is subject to the requirements of the California Mitigation Fee Act (see later discussion). The question was answered by the California Supreme Court in Ehrlich v. Culver City when the Court held that nexus type scrutiny need not be applied to the Art in Public Places Ordinance. The court said that such aesthetic control has long been held to be a valid exercise of a city's traditional police power and "does not amount to a taking merely because it might incidentally restrict a use, diminish the value, or impose a cost in connection with the property." Most programs that have this type of reqUirement use 1 % or less, exceptions being Laguna Beach, which uses 1.25% for the in-lieu program, and the San Jose Redevelopment Agency, which in projects with Agency assistance, requires 2%. 0 Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 1111 0/2005 Keyser Marston Associates, Inc. Page 9 r r - 1 Q7 Level 2: Art On-Site 2! Art O~-Si~e 2! an In-Lieu Payment ,I. ... Level 2 introduces the off-site option and the option to make an in-lieu payment of an equivalent or lesser amount. A key feature of this structure is choice. Most of the cities in the Carol J30ldstein survey have some version of a Level 2 program, with choices for off-site pl~ceri.ent of art or culture and/or a cash payment choice. ., ,'\ot. .j,"",.. The Culver City ordinance that was addressed in the Ehrlich cas~ had an in-lieu fee option. The Court noted, "The requirement to provide art or a cash eq~ivalent thereof is more akin to traditional land use regulations imposing minimal building setbacks, parking and lighting conditions, landscaping, requirements", etc. In KMA's opinion, the in-lieu aspect is not subject to any higher level of scrutiny than the base on~site provision. The Culver City program also includes a cu~tural compon,entallowing a percent of funds to be used for non-capital purposes. The court did not address this component. City use of in-lieu fee money is sometimes specified 'as being the same as the on-site permitted art (and culture). Sometimes c;i~ies declare their intended use of in lieu funds for items that appear to bear little relatio~ship to the.on-site compon~nt. Level 3: Payment of an In-Lieu Amount in Addition to Art On-Site There are a couple of examples of this prototype where the payment is mandatory, thereby raising the question of whether it is really "in-lieu." If not in-lieu, then the key issue is whether the fee is subject ~o the Mitigation Fee Act. There has been no legal precedent established. There are several programs using this model- Los Ange~s, Long Beach, Pasadena, and some smaller cities. Level 4: Payment of a Fee for Arts This model clearly would be subject to the Mitigation Fee Act and its amendments (California Government Code Section 66000 through 66025). The act lists specific requirements that must be found for linking any impacts from a development project and the amount of a fee as a condition of approval of the project. Briefly, the local agency must, among other things, do the following according to Section 66001: . "Determine how there is a reasonable relationship between the fee's use and the type of development project on which th~ fee is imposed." Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 10 r r _ 1 OS! . "Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed." . "Determine how there is a reasonable relationship betWeen the amount of the fee and the cost of the public facility or portion of the public facility attributable the development on which the fe~ is imposed.;' In addition, there are other provisions such as an accounting of other sources of funding for the facility, and certain accounting procedures for the fees and funds into which they are deposited. Another provision of the Code of particular relevance to Santa Monica for application to cultural arts is the Code references to "facility" and "facility costs". While "facility" may be loosely interpreted to include many types of art and arts venues, facility costs are clearly distinguished from operations, maintenance and program costs, which are prohibited by the California Code, per most interpretations. In summary, even if all the nexus requirements were satisfied, an impact fee under this section of the Code limits the City to "facilities" in the expenditure of its fee revenues. Recommendation for Santa Monica Based on the survey and analysis, KMA concludes that Santa Monica can meet its goals for a Developer Cultural Arts Requirement with a well-crafted program with an on-site requirement and in-lieu payment option (Level 2). . .' The goals for a Developer Cultural Arts Requirement in Santa Monica, .as we understand them, , are: . To establish a requirement for private sector development to contribute to arts and culture in Santa Monica, through on:..site provisions or in-lieu payments. . To structure the program so that arts and cultural contributions are defined broadly, consistent with City policies and precedents elsewhere. The same applies to the City's use of in-lieu funds. . To design the program and implementation procedures in a manner that can prioritize quality and excellence of the arts and cultural contributions produced over quantity. . To structure a program that is legally sound and has a high probability of being able to sustain challenge. In light of these goals, we believe that Santa Monica can be best served by a creative version of a program that has both an on-site requirement and in-lieu options, through which payments may be used to support certain off-site projects via a cultural fund(s). A Level 2 type program Summary and Recommendations Report - Developer Cultural Arts ReqUirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 11 r r _ 100 appears clearly sanctioned by Ehrlich v. Culver City and avoids the nexus support questions. While facility limitations were riot specifically atjdressed by the Court, the Culver City ordinance allows for a percentage'of the fee to be used f~r non-capital costs. .Rather than including elements of a program that are mandatory, and therefore more akin to an impact fee, Santa Monica can design a program that incorporates incentives and procedures that will allow the City to meet its multiple ~oals... I .. ".... ,J''''tt Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 12 r r _ ry{){) D. KEY FEATURES QF A RECOMMENDED ,REQUIREMENT PRO~RAM ...~. t The following description is primarily focused on.how the program will require private sector development projects to contribute to Arts and Culture in Santa Monica. The features described below are those typically articulated in ordinances and incorporated into City Code..The portions of the program describi~g ~ cultural arts aspects - the descriptions of what qualifies as cultural ~rt and process with the City for both on-$ite and in-lieu contributions - are not cOntained in this section. An outline of what the City might do reg~rding these topics is provided in the next section, entitled Work Program for Implementation. All the major features C1e~cribed below would entail policy decisions, ulijmately at the City Council level. Percent Requirement Santa Monica is a location in high demand, as reflected in the high value of its real estate, both residential and non-residential. The real estate value in the city (within the greater Los Angeles economy of which it is a part) is due to both the natural and built environment. The aesthetic and cultural identity of San.t'a Monica is ~videnced in its urban design vision, which also adds value to its rea,1 estate. The interrelationship between arts and culture is important to the City's economy. A recent Official Statement for a bond issuance for the City notes that public art and culture hl;1s helped "attract and anchor a large and diverse creative sector, enriching the City's cultural and economic base." Arts and culture are integral!o San~a Monica. A stronger than average Developer Requirement fat Cultural arts would be consistent with the role cultural arts play in the community overall. The vast majority of developer arts requirement programs are at 1% or less. Exceptions include San Jose which is 2% when there is Redevelopment Agency financial assistance (which means the Agency may indirectly pay for the 2%) and Laguna Beach which has a base requirement of 1 % but charges 1.25% for an in'-Iieu payment. In identifying an appropriate percentage range for Santa Monica, the following additional factors were taken into account: . . Building permit valuation usually represents roughly 50% or less of the total project cost or value in high land value places like Santa Monica. In addition to the construction cost on which the permit valuation is based, other project costs include land, site improvements, design and engineering, financing and an array of other "indirect;' costs. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 13 C.C - 201 . Furthermore, valuation for permit purposes usually does not reflect total construction costs. Thus, a 2% requirement for arts would translate to closer to 1 % of total project cost. .. The actual value of the on-site art or culture will be less than 1 % because other related costs are typically allowed in the calculation. Related costs include transportation, installation, consultant services, insurance and other costs associated with the art placement or cultural event. As a result, to get the expenditure on the artwork itself at 1 % to produce the quality desired in Santa Monica, the percentage needs to be higher than 1%. '. Arts and culture are integral to Santa Monica. A strongerthan average Developer Requirement for Cultural Arts would be consistent with the role cultural arts play in the community overall. Based on all the considerations listed above, KMA recommends that Santa Monica consider a percentage greater than the typical 1% adopted in other jurisdictions. Santa Monica should consider an on-site requirement in the range of 1.25% to a maximum of 2.0%. Building Types Subject to the Requirement Following IS a hierarchy of building types that might be subject to the Developer Cultural Arts Re.quirement: . I Highest Priority . Hotels, resorts, and other lodging Office buildings Retail and entertainment structures Multi-family residential projects of 5 or more units Parking garages Industrial buildings . . . . . Mid-level Priority/Optional . Residential structures under 5 units, including single family detached . All other non-residential structures, such as: - Schools - Hospitals - Other institutions . Additions over a certain dollar value (or square foot size) to existing structures Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 14 CC - 202 Examples of exemptions, often seen in other ordinances, to be considered for policy reasons: . Affordable housing projects . Child care centers . Places of worship Off-Site Compliance Incentives The City has expressed to KMA a desire for a program that includes a significant component for in-lieu contribution!? to an arts and culture fund. KMA believes that in-lieu contributions in the form of cash payment can be accomplished through incentives, particularly when coupled with a base requirement in excess of 1 % of building permit yaluation. ~ecommended incentives might include: _ Offering a substantial discount for in.lieu contribution, such as 25% to 50% less than the on- . site requirement. The main rationale for the discount is in consideration of the developer or project owner. On-site art is an asset, owned by the project. If the art is well selected, the art is an inves,tment with value appreciation potential. Art integrated into a project can add value to a project overall. When the project is sold, any added value attributable to the at:! is recaptured by the.developer in the project sale price. If the developer contributes to art through an in-lieu payment ,that will be used by the City for a project somewhere off site, these benefits are not realized directly by the project, but by the community overall. To recognize this difference, a lesser requirement for an in-lieu contribution is recommended. - Offering an In-lieu Payment Option that Excels in Simplicity The in-lieu option can be attractive.by offering predictability, speed, and abs.ence of proces~ with the City. These virtues are always desirable to developers and can be translated into dollar value. -Offering Good Choices for Fulfillment of the Requirement , In addition to offering tl:1e developer the option of making a payment to a City's art and culture trust fund(s), the City could establish specific project choices to which the applicant could contribute, in whole or- in part. Specific projects would have the advantage of visibility and near term horizon results. Furthermore, developers could be given credit and publicity for contributions. Examples might include a major sculpture or gateway feature at a key street intersection, a performing arts venue, or sponsorship of a cultural event. The developer co\Jld Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\O01.{)16.doc; 11/1 0/2005 Keyser Marston Associates, Inc. Page 15 rr _ 'In'l. have a choice to donate to a specific cultural arts project, in addition to the option of a payment to a general trust fund(s), recognizing that the cultural arts project will be accessible to both the occupants of the development project and the public alike. Without incentives, on-site art would be the preferred option of the developer in most cases. With incentives to encourage use of the in lieu alternative, the greater community benefrt may be achieved, despite the lower valuation. This is because, when the administrative and staff burdens associated with on-site art compliance are taken into account, the lesser burdens associated with the in lieu program could result in greater value to the community. Thresholds The Developer Cultural Arts Requirement should be applicable to all the building types selected, but the City may wish to incorporate one ,or more thresholds into the program: . Minimum threshold valuation (or square}oot size) is a featu're of most, but not all, programs and is an option for Santa Mpnica. Projects under the threshold could be exempt or have a reduced requirement ~or policy reasons. A frequent reason cited is that that small projects tend to have high development costs relative to building area. Administrative efficiency .reasons are also cited for no' collecting on small permit valuations. The suggested threshold range for Santa Monica is a $10,000 to $100,000 building permit valuation. Alternatively, the City could selec~ a threshold' based on the square footage of the building. A threshold applied to buildings in other applications of the City Code can be an efficient option for a city, such' as Santa Monica's 7,500 square foot level. The City needs to select the specific threshold. . An art on-site threshold is a different kind of threshold necessary to insure a high level of quality for on-site art. It fs difficult to achieve quality art below a minimum expenditure. A threshold placing the building permit valuation ata level that ca.n produce quality art can be identified. B,elow the threshold developers could be strongly encouraged to make an in-lieu contribution. For example, if the City determines that $50,000 is the minimum value of on-site art desirable, then the thre~hold would.be set at $5,000,000 if the program is at 1 %, or. $2,500,000 if the program is at 2%. Below the threshold, the costs of the process to both" the developer and the City will provide an incentive to make an in- lieu contribution, particularly it'coupled with a 25% to 50%,dis~ount for in-lieu compliance. "'t'- ..,,' Note: Thresholds could vary by project type. For example, the residential threshold could differ , from commercial, etc. Also thresholds may be graduated to meet policy objectives. .... Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-D16.doc; 11/10/2005 Keyser MalSton Associates, Inc. Page 16 C.C - 204 Other Miscellaneous Recommendations A developer cultural arts requirement as described above is not a fee program subject to the requirements 6f AS 1600 and its amendments. However, certain practices required in AS 1600 type fees are advisable for any program of this type: . All funds for art and culture should be "trust" funds, held separately from other City funds and expendable only as prescribed in the enabling ordinance. . The ordinance should specify the number of years the City can hold funds without committing them to a specific project. (Note that "commitment" is not the same as "expenditure". ) Summary With a sys~em of incentives and choices, we believe that the City of Santa Monica can achieve its objectives for a Developer Cultural Arts Requirement that results in both significant on-site cultural art and in-lieu .contributions. A well-crafted ordinance that includes incentives and creative options can result in vigorous on-site and in-lieu programs to the satisfaction of both developers and the greater Santa Monica commLinity, contributing to the cultural' fabric of the City. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.0Q6\OO1-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 17 r r ")f\'::: CC - 206 [This page intentionally left blank.] .,' ....,.t. ...,,' . .. j"'" Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates. Inc. , Page 18 f$ E. WORK PROGRAM FOR THE CITY/IMPLEMENTATION PLANNING NEEDS Introduction The following is an outline of the major policy plans, and compliance specifications, that ideally would be prepared in advance of the City of Santa Monica adopting and implementing a Developer Cultural Arts Requirement. It is a suggested work program for the City to both establish the overall policy framework and det~rmine how implementation is to be accomplished. The previous section (Section E) summarized recommendations for an enabling ordinance; much of the recommended material. in Section F provides recommendations for implementation guidel!nes and procedures. The Developer Cultural Arts Requirement will have two major components: . An On-Site arts program enabling developers to fulfill the arts requirement by incorporating art or culture into the project on site. o ' . An In-Lieu Program enabling developers to fulfill the arts requirement by contributing to art or culture through a payment into an arts and culture fund(s). ' Master Plan Policy Framework The On-Site and In-Lieu options will have some major differences and implementation needs. Both programs need to be grounded in master plan policy statements. . A Cultural Master Plan that provides a coordinated vision for all the City's cultural initiatives, from facilities to programs and services. An adopted master plan is the collective voice of the cor:nml,anity I establishing shared goals and priorities for the cultural life of Santa Monica. The City is currently in the process of initiating such a planning . process. . A Public Art Master Plan that establishes priorities for the City's public art programs, both public and private. The On-Site and In-Lieu options should be integrated with the City's own public art program for public projects. This plan should reference the Cultural Master Plan and examine in greater detail what specific cultural objectives can be accomplished through various public art initiatives, including the Developer Cultural Arts Requirement. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\OO1-016.doc; 11/1012005 Keyser Marston Associates, Inc. Page 19 (' (' _ ')()7 If preparation of two new comprehensive master plans is not feasible in the near term, then an equivalent policy statement to guide the program in the near term is advised. Both master plans could readily serve other public purposes, but should be drafted with the proposed Developer Cultural Arts Requirement as one program that the plans will guide. Both ma~ter plans will delineate goals, objectives and criteria with respect to quality, sophistication and professional achievement. Santa Monica will want to set a high threshold of expectations and accomplishment, innovation and leadership in the same way the City has with its architecture, urban design, art integrated in City funded structures, and other quality of life aspects. The document(s) will want to communicate the importance of and commitment to the program, comparable to the City's commitment to environmental sustainability matters. ' What master plans embody and e~press are not suitable for enabling ordinances. Implementation or administrative guidelines structure the goals and concepts as practical steps and must always refer back to the master plan vision for interpretation and refinement. Such regulatory documents are needed to ensure equitable, efficient and effective program management. On-Site Cultural Arts Compliance This component ofthe Developer Cu!tural Arts Requirement program is about in'corporating art (or culture) on the site within private development projects. . , In order for the City to implement the program and achieve the goals of the Master Plan(s), it will be necessary to address the following: . Description of acceptable, forms of art or culture on-site. Cla.rification of what might not , qualify, such as landscaping. Distinguishing art or culture from architecture (which has its own separate code aryd vision as expressed through the Architectural Review Board requirements.) i . Description and criteria defining what qualifies as public, public access, etc. . Identification of allowable expenses in meeting the percentage requirement. Examples mightinclude transportation or shipping, installation related.~ts, consultants, lighting, etc. . Method of appraising and verifying value. . On-going responsibilities of the owner of the art, including mai?t~nance and potential re- sale. .,' Summary 'and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/1 0/2005 Keyser Marston Associates, Inc. Page 20 C.C - 208 . Legal aspects. . Phased projects and special situations; large projects and Development Agreements. . Differing requirements for different districts, special districts. etc., if applicable. . Signage, acknowledgement or crediting standards. . Removal or replacement issues. . Pre-selected artists pool. if desirable. Procedural Aspects for On-Site The City has i'n place an Arts Commission and a Public Art Committee. With the enhanced role of administering a Developer Cultural Arts Requirement, it may be desirable to "rethink" these bodies and possibly modify them for taking on new responsibilities. . Gommission and committee composition . . Powers and obligations . Process for review . Sequence and interaction with other steps in the entitlement process..such as use permit, ARB, buUding permit. certificate of occupancy . Opportunities for Appeal to Council . Other issues that need to be considered City Staffing Implications On-site compliance implies significant staff time ~o explain the program to developers, market the program, coordinat~ interdepartmental reviews. prepare staff reports for bringing developer applications forward to the Committee and/or Commission, and serve as community liaison. In-lieu Payment Compliance Identification of Options for In-Lieu . In-Lieu Payment to a General Trust Fund . Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 21 The concept is that a trust fund (or multiple trust funds) will receive funds from the program and expend them on off-site projects in accordance with the Master Plan(s}, or other governing document{s) that: . Identify the types of art projects and cultural events ~nd programs that fund monies can be used for, . Identify specific projects and programs to be funded, . Provide estimates of the cost of the art, facilities, programs and cultural events to be funded, . Identify/estimate/update anticipated annual revenue and allocation planning, and . Establish priorities for the expenditure ofthe funds. . Contribution into Specific Project Funds . I I The City may wish to' establish speci.fic projects to which de.velopers could provide underwriting, , ,. sponsorship, passive financial support, overt corporate- citizenship or earmarked contributions. . . For example, a key intersection or gateway may be deserving of lar.gesculpture by a weIl- I known artist that the City will commission or purchase when sufficient funds have been . , contributed. This could hold appeal to developers because the public will. know the use of the funds. Furthermore, development projects could be given credit on a plaque or other form of . , recognition if the contribution is of a specific magnitude or more, or represents a certain percentage (e.g., 10% or more) to the total cost. , I. Similarly, construction or expansion of a cultural facility or performing arts venue could be supported by a discreet capital campaign with levels of giving keyed to recognition levels. . . · Contribution toward Specific Cultl:lral Event or Annual Event The City could establish a fund or discreet funds for specific festivals or events to which development projects could contribute and receive credit. '". ....~ I ., . A variation would be for large projects to contribute an amount sufficient to fund a regular or . annual event fora number of years. This could .insure more certainty for event planning into the . future. Again, contributors could be given credit in it number of ways.' j"'" Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-Q16.doc; 11/10/2005 Keyser Marston Associates, Inc. , Page 22 . Other Off-Site Choices (or clarification that only predetermined projects/funds are available to satisfy off-site compliance). Procedural Aspects for In-Lieu Compliance . Establishment of Funds to Receive Payment . Off-Site options to be funded by In-Lieu payments, other than predetermined projects and funds, that would entail procedures similar to those required for On-Site compliance. City Staffing Implications The initial staff labor to set up the in-lieu program would be substantial. However, the on-going staff labor would be less time-consuming (and different) than working with developers that wish to accomplish on-site compliance in their projects. . ,. ",.,.r' .....,' , " Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 . Keyser Marston Associates, Inc. Page 23 ,...., r"l ...,11 [This page Intentionally left blank.] Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-D16.doc; 11/1012005 Keyser Marston Associates, Inc. Page 24 F. ESTIMATE OF ANNUAL VALUE OF ART AND IN-LIEU PAYMENTS FROM THE . REQUIREMENT The Developer Cultural Arts Requirement will obligate new construction projects to make a contribution to cultural arts in Santa Monica. The recommended approach is make the amount of the requirement keyed to building permit valuation, as is the practice of most jurisdictions throughout California and elsewhere in the United States.' This section examines building permit valuation history in Santa Monica to provide a basis for estimating future valuation and the value of the art and culture and/or in-lieu payments that will be generated as a result of the Requirement. The recommended percentage contribution is in the range of 1 % to 2%, with the City to decide upon the exact amount. The program production, or value of the art and culture generated by the program, is therefore indicated at both 1 % and 2% of projected permit valuation. Aside from the exact percent selected for the On-Site or In-Lieu requirement, the annual value of art and culture produced by the Requirement will be affected by: . 'What building types the Requirement covers (and what will be exempt) . Whether the Requirement covers additions and/or alterations . Any discount and other incentives for In-Lieu compliance . Thresholds, particularly a minimum to exempt small permits . Economic cycles that will highly affect the level of construction in Santa Monica in any given year By making assumptions with respect to all of these factors, estimates of program production in Santa Monica can be prepared on.8 range basis, to facilitate decisions and planning for the future program. . Building Permit Valuation Hist~ry, Building permit valuation history for the City of Santa. Monica for each year from 1990 throu,gh 2004, in the complete level of detail that is reported to the state and federal government, is summarized in Tables 3 and 4 following this' Summary Report. A condensed summation of annual average valuation was prepared by KMA and is presented in Table 2, on page 28. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\O01-016.doc; 11/10/2005 Keyser Marston Associates, Inc. Page 25 /'"I r"O ""'.,,..,. Findings from the summary are: · Total residential valuation over the 15-year period averaged $62 million per year, and $81 million per year over the past five years. · Of the residential valuation. a little over a third is in structures of 5 or mor'e units, another 25% is single family units, and alterations and additions represent over another third. · Non-residential valuation over the 15-year period and the most recent five years has been at a similar level of roughly $75 million per year. · Over half of the non-residential valuation is in alterations and additions. · A quarter to a third of the non-residential valuation is in new office, hotel and retail structures. In our opinion, the unusually high residential construction activity in the last five years has distorted averages for projection purposes. On the other hand, KMA believes that non- residential valuations, particularly as relates to office building cpnstruqtion, in the most recent five years have been lower than what may b~ expected in the f.uture. I" . Estimated Building Permit Valuation KMA's estimates of future valuation that may be subject to the D~veloper Cultural Arts Requirement in Santa Monica are presented on a range basis. The low range represents the minimum program recommended - that is a)1 residential structures of five or more units and all new office. hotel and retail construction. The high range projection includes all residential construction, including single-family units, and ~1I non-residential construction including such things as parking garages and other building types that mayor may not be included in the program. . , The large volume of permit valuation that is in alterations and additions, both residential and non-residential (roughly $70 million per year combined), presents a particular challenge in estimating future volume. The KMA recommendation js to include additional building square footage. Our high range figures therefore include additions (but not interior remodels). estimated at roughly 50% of the residential and 25% of the non-residential va4uation, per input from the City's Building Department. . . ,The summary low range and high range estimates of future annual building permit valuation are therefore as follows: ..... Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\O01-016.doc; 11/1012005 Keyser Marston Associates, Inc. Page 26 Residential Structures of 5+ units All other residential Subtotal Non-residential New office, hotel, and retail All other non-residential Subtotal Grand Total Annual Average Low RanGe Valuation $25 million None $25 million $20 million None $20 million $45 million Annual Average HiGh Ranae Valuation $30 million $35 million $65 million $30 million ' $20 million $50 million $115 million These estimates assume no loss of valuation due to minimum thresholds that might exempt small valuation permits. Program Production 'at 1 % and 2% With the estimates of annual permit valuation, it is possible to quantify what the program at 1 % of valuation and 2% of valuation would produce. Production is measured as a combination of the dollar value of art on-site and in-lieu payments, but does not include any assumpti~>n as to a . discount for in-lieu compliance. . Program at 1 % of Valuation Program at 2% of Valuation* Low RanQe $450',OOO/year $900,000/year HiGh Ranae $1,150,000/year $2,300,OOO/year These estimates "bracket" the range of program production. The specifics of the Developer Requirement programJNiIl dictate where the value of cultural arts produced by the program ~iU result within the range. Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-016.doc; 11/10/2005 1'1'_,)1, Keyser Marston Associates, Inc. Page 27 .... , ,... TABLE 2 BUILDING PERMIT VALUATION SUMMARY DEVELOPER CULTURAL ARTS REQUIREMENT SURVEY AND EVALUATION OF OPTIONS CITY OF SANTA MONICA . Residential Summary New 5+ Unit Structures New 3-4 Unit Structures New 2-Unit Structures New Single Family Alterations and Additions Total Residential 15 Year Average 1990 - 2004 $23,128.200 $1,725,017 $242,486 $14,752,385 $22,497,627 $62.345,715 Non-Residential Summary New Hotel, Office, and Retail New Industrial New Amusement, Parking. Service Stations Other New Non-Residential Alterations and Additions Total Non-Residential 15 Year Average 1990 - 2004 $27,226,672 $355,333 $'7,175,781 $3,187,739 $38,459,806 $76,405.331 % of Total 37.1% 2.8% 0.4% 23.7% 36.1% 100.0% % of TotaJ 35.6% 0.5% 9.4% 4.2% 50.3% 100.0% 5 Year Average 2000 - 2004 $29,643,269 $2,000,691 $414,900 $21,189;885 $27,555,445 $80;804,191 , 5 Year Average 2000 - 2004 . .$20,123,737 $800,000 $5,341,403 $5,573,830 $42,447,756 $74,286,726 "".r" ""," ,'.... % of Total 36.7% 2.5% 0.5% 26.2% 34.1% 100.0% % of Total 27.1% 1.1% 7.2% 7.5% 57.1% 100.0% Summary and Recommendations Report - Developer Cultural Arts Requirement 19305.006\001-Q16.doc; 11/10/2005 Keyser Marston Associates, Inc. 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DISCLAIMERS, KMA is a real estate and urban economics advisory firm, and, as such, has no legal expertise. As a result, the conclusions, 'opinions, and recommendations provided in this study are drawn from KMA'sexperience as a practitioner of linkage, including participating in court defense ofa linkage ordinance. KMA fully expects the City to rely on the Office of the. City Attorney for all legal determinations rela~ecj,10 any progri:Jm rf!quiring developer cultural arts contributions. KMA, with Carol Goldstein, has prepared the survey and analysis using the highest profeSSional standards. KMA believes that all data l:ltilized, including data from the City of Santa Monica, are sufficiently accurate for the purposes of the'analysis. However, KMA cannot guarantee.the co'mplete accuracy of any data or survey material and assumes no Iiab~ity for .conclusions drawn from these sources. 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