Malibu City Zoning Code
CHAPTER 17
58 PARKLAND DEVELOPMENT FEE
§ 17.58.010 Definitions.
The following words and phrases. whenever used in this chapter. shall be construed as defined in this section:
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in an apartment building on such real property. A "condominium" may include, in addition, a separate interest in other portions of such real property.
means the putting together, assembling, erecting or altering of construction materials, components or modules into a structure, or portion of a structure, and includes reconstructing, enlarging or altering any structure. "Construct" also includes the moving and locating of a building, or portions thereof, onto a lot or parcel of land. and also includes the improvement of land as a mobilehome park.
means a separate single-family habitation, structure or unit, the term includes:
means any area or tract of land where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.
means any area designated, designed or used for the occupancy of one mobilehome on a temporary, semi-permanent or permanent basis.
includes, but is not limited to, land and interests in land, swimming pools. tennis and volleyball and basketball courts, baseball grounds, children's play areas, turf sprinkler systems, community center buildings, recreation buildings and other works, properties. structures and facilities necessary or convenient for public park, playground and recreation purposes, and also including any of the facilities described in this subsection constructed or installed within or upon any public school grounds where the city is given the right to use the same for public playground or recreation purposes.
means any domestic or foreign corporation. firm, association. syndicate, joint stock company, partnership of any kind, joint venture, or common law trust society, club or individual.
(Prior code § 9530; Ord. 86 § 3, 1993)
§ 17.58.020 Establishment of a parkland development fee.
Each person who constructs any dwelling unit or units in the city shall pay a fee as established by resolution of the city council or dedicate land in lieu of the fee as provided in this chapter.
(Prior code § 9531; Ord. 86 § 3, 1993)
§ 17.58.030 Payment of fee.
A.
The parkland development fee shall be paid before the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs first; provided, however, that if a single-family dwelling unit is part of a development that includes more than one single-family dwelling unit, then payment of the required parkland development fees for the entire development shall be paid before the date of final inspection of the first dwelling unit or the date the certificate of occupancy is issued for the first dwelling unit, whichever occurs first. For the purposes of this section. "final inspection" and "certificate of occupancy" shall be defined as that term is defined in California Government Code Section 66007, as amended.
If the fees imposed by this chapter on a dwelling unit are not fully paid before a building permit is issued for that dwelling unit, the property owner or lessee if the lessee's interest appears of record, shall enter into a contract with the city to pay the fees, or applicable portion thereof, prior to the date of final inspection of the dwelling unit or the date the certificate of occupancy is issued for the dwelling unit, whichever occurs first. The contract. containing a legal description of the property affected, shall be recorded in the office of the Los Angeles County recorder and shall constitute a lien for the payment of fees required by this chapter. The lien shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit.
The contract shall also require the property owner or lessee to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit is being issued and to provide in the escrow instructions that the fees required by this chapter be paid to the city from the sale proceeds in escrow prior to disbursing proceeds to the seller.
B.
The amount of the fee to be paid shall be the amount established by resolution of the city council and in effect at the time of the payment of such fees.
C.
All fees collected pursuant to this chapter shall be paid to the city and deposited in the city parkland development reserve fund.
(Prior code § 9532; Ord. 86 § 3, 1993)
§ 17.58.040 Fee adjustment.
A.
Any person subject to the parkland development fee required by this chapter may apply to the city council for a reduction, adjustment or waiver of that fee based upon the demonstrable absence of a reasonable relationship between the impact of that person's development project on the city's parks, playgrounds, and other park facilities and programs and either the amount of the parkland development fee charged or the type of facilities to be dedicated. The application shall be made in writing and filed with the application for a building permit. The application shall state in detail the factual basis for the request for reduction, adjustment or waiver.
B.
The city council shall consider the application for reduction, adjustment or waiver at a public hearing to be held within 60 calendar days after the application has been filed. The decision of the city council shall be final.
C.
If a reduction, adjustment or waiver is granted pursuant to this section, any subsequent increase in the use of the subject property, or any increase in the square footage of the development, shall invalidate the reduction.
(Prior code § 9533; Ord. 86 § 3, 1993)
§ 17.58.050 Fee credits for subdivision map fees.
A person shall be entitled to a reduction in the amount of fees required by this chapter in an amount to be determined by the city council, if that person has dedicated land or paid fees, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative subdivision map or a parcel map, pursuant to Government Code Section 66477.
(Prior code § 9534; Ord. 86 § 3, 1993)
§ 17.58.060 Refund of fee.
Upon application, a fee collected by the city pursuant to this chapter is refundable under the following circumstances:
A.
A fee which is collected erroneously or illegally is refundable. An application for refund pursuant to this subsection shall be made in writing and filed with the city manager no later than 90 days after the initial payment of the fee pursuant to Section 17.04.140. The application shall state in detail the factual basis for the request for refund.
B.
A fee which is collected for the construction of a new dwelling unit which is not built is refundable. A refund shall be made upon application of the property owner to the city manager and upon owner's showing that the construction of a new dwelling unit has not commenced and that the building permit issued therefor has expired, has been canceled or has been revoked. Application must be made within one year from the cancellation, expiration or revocation of the building permit; provided, however, no refund shall be made when a dwelling unit is damaged or destroyed. In addition, no refund shall be made for mobilehome spaces upon final approval of the construction permit for a mobilehome park. An amount may be deducted from any refund made pursuant to this subsection to offset costs incurred by the city for administering the fee.
(Prior code § 9535; Ord. 86 § 3, 1993)
§ 17.58.070 Dedication.
A.
Where the acceptance of land in lieu of fees will better serve the purpose of the citizens of Malibu, such land may be accepted based upon findings by the city council. The city council shall consider the following:
1.
Topography, geology, access and location of land in the development available for dedication;
2.
Suitability for patrol, supervision and maintenance;
3.
Size and shape of the development and land available for dedication;
4.
The feasibility of dedication;
5.
Availability of previously acquired park property.
B.
The value of such lands to be dedicated shall be no less than the fee(s) which would be otherwise required.
C.
The determination of the city council as to whether land shall be dedicated or whether a fee shall be charged. or a combination thereof, shall be final and conclusive.
D.
All property dedicated pursuant to this chapter shall be dedicated to the city.
(Prior code § 9536; Ord. 86 § 3, 1993)
§ 17.58.080 Exemptions.
The fees and/or dedications required under this chapter shall not apply to the following:
A.
The United States or any agency or instrumentality thereof, the state or any county, city and county, district or any political subdivision of the state;
B.
Construction of any building, intended and used exclusively to house the elderly or handicapped, which is constructed for and operated by a foundation, agency or entity which, pursuant to Article 13, Section 1(c) of the State Constitution, has been granted a property tax exemption by the State Legislature;
C.
Enlargement, remodeling and/or alteration of a building, but only if the number of dwelling units therein is not increased. If the number of dwelling units in the building is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units;
D.
Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood or other cause over which the owner has no control (provided, that compliance with any building code or other ordinance requirement of the city shall not be deemed a cause over which the owner has no control), but only if the number of dwelling units therein is not increased. lf the number of dwelling units in the building is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units;
E.
Replacement of any building on the same lot, if construction of the new building is commenced within 12 months from the date the previous building was substantially removed from the lot, but only if the number of dwelling units therein is not increased.
(Prior code § 9537; Ord. 86 § 3, 1993)