R115641
City Council Meeting: December 12, 2023 Santa Monica, California
RESOLUTION NUMBER 11564 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING FIVE-YEAR FINDINGS AS TO THE TRANSPORTATION
IMPACT FEE
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq.,
authorizes the City of Santa Monica (“City”) to impose, collect, and expend mitigation fees
to offset the impacts of development within the City; and
WHEREAS, Section 66001(d) of the Mitigation Fee Act requires the City Council
to adopt a resolution making certain findings as to any portion of development fees
collected over five years ago, and each fifth fiscal year thereafter, whether such
unexpended fees have been committed or uncommitted; and
WHEREAS, Chapter 9.66 of the Santa Monica Municipal Code established a
Transportation Impact Fee to implement the “goals, objectives, and policies of the City of
Santa Monica’s Land Use Circulation Element” and address the burdens on the City’s
surface transportation system, including inter alia increased trip generation, created by
new development; and
WHEREAS, portions of the Transportation Impact Fee funds were collected over
five years ago, or otherwise subject to the five-year reporting requirement under the
Mitigation Fee Act (the “Unexpended Fees”); and
WHEREAS, the Mitigation Fee Act requires the City Council to issue findings that
identify the purposes of which the Unexpended Fees are to be used, demonstrate a
reasonable relationship between the Unexpended Fees and the purposes for which they
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are charged, and identify the sources and amounts of funding anticipated to complete
each project for which the Unexpended Fees are collected and provide approximate dates
on when such funding is expected to be deposited; and
WHEREAS, the City has complied with all notice obligations under Government
Code Section 66006, including publicly posting a Mitigation Fee Act Report on November
15, 2023 at City Hall and on the City’s website.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council has considered the accompanying staff report and
five-year report for the Transportation Impact Fee attached as Exhibit A to the staff report.
SECTION 2. The Unexpended Fees relating to the Transportation Impact Fee will
be used to fund several projects, including: the Michigan Avenue Greenway 20th Street
Bike Connection; 4th Street Enhancements – Expo Linkages, Phase 2; Pearl Street
Preliminary Design; Citywide Vision Zero Improvements; Broadway Protected Bikeway –
5th Street to 26th Street; 14th Street Bikeway; Memorial Park Multi-Use Path; Olympic
Blvd First/Last Mile Improvement to Bergamot Station; Wilshire Boulevard Safety
Improvements – Phase 2; Stewart-Pennsylvania Safety Enhancement Project; and the
Santa Monica Blvd Safety Improvements as further described in Attachment A. There is
a reasonable relationship between using the Transportation Impact Fee to fund these
projects and the stated goal to address the burdens on the City’s surface transportation
system created by new development.
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SECTION 3. The five-year report for the Transportation Impact Fee identifies the
sources and amounts of prior funding, or anticipated funding, to complete each project
for which the fee is collected. The five-year reports also provide approximate dates on
when such funding has been deposited as adopted in prior meetings, or when such
funding is expected to be deposited in connection with future City Council actions.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Adopted and approved this 12th day of December, 2023.
Phil Brock, Mayor
I, Nikima Newsome, Assistant City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11564 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 12th day of December, 2023, by the
following vote:
AYES: Councilmembers de la Torre, Davis, Zwick, Torosis, Parra
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
ATTEST:
Nikima Newsome, Assistant City Clerk
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