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CC - PUBLIC HEARING: (1) Adoption of a Finding that the Ordinance Approving a City-Initiated Code Amendment to Culver City Municipal Code Sections 15.06.300-330 and 15.10.750-790 Adopting New Park Land In-Lieu and Park Land Impact Fees (“Proposed Ordinance”) is Exempt Pursuant to the California Environmental Quality Act Guidelines Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4); (2) Introduction of the Proposed Ordinance; and (3) Adoption of a Resolution Setting New Park Land Related Fees and Rates and Accepting the Parks and Recreation Facilities Development Impact Fee Study.
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Meeting Date: January 12, 2026
Contact Person/Dept.: Jose Mendivil, Associate Planner/Planning and Development
Emily Stadnicki, Current Planning Manager/Planning and Development
Phone Number: (310) 253-5757 / 310-253-5727
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [ ] No [X]
Attachments: Yes [X] No [ ]
Public Notification: (Email) Public Notifications - City Planning (12/11/2025), Meetings and Agendas - City Council (01/07/2026), (Posted) City website (12/11/2025), (Published) Culver City News (12/11/2025)
Department Approval: Mark E. Muenzer, Planning and Development Director (12/10/2025); Ted Stevens, Parks, Recreation and Community Services Director (12/11/2025); Lisa Soghor, Chief Financial Officer (01/07/2026): Heather Baker, City Attorney (01/07/2026)
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RECOMMENDATION
Staff recommends the City Council
1. Adopt a Finding that the Ordinance adopting new Park Land In-Lieu and Park Land Impact fees by amending Culver City Municipal Code (CCMC) Sections 15.06.300 - 15.06.330 and 15.10.750 - 15.10.790 (“Proposed Ordinance”) is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4);
2. Introduce the Proposed Ordinance (Attachment 1); and
3. Adopt a Resolution (Attachment 2) setting Park Land In-Lieu and Park Land Impact fees amounts and rates, and accepting the August 2025 Parks and Recreation Facilities Development Impact Fee Study (Attachment 3), except for the establishment of a new Park Improvement Impact Fee and a new Community and Recreation Center Impact Fee.
PROCEDURES
1. The Mayor seeks a motion to receive and file the affidavit of mailing, publishing, and posting of public notice.
2. The Mayor calls on staff for a brief staff report and the City Council poses questions to staff.
3. The Mayor seeks a motion to open the public hearing, and the City Council receives public comment.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND
The City’s park land related fee programs need to be updated; currently, parkland acquisition impact fees and fees In-Lieu of parkland dedication are calculated as authorized by the Quimby Act and implemented by local ordinance on a case-by-case basis using land value, assumed density per unit type, and a required 3 acres of parkland per 1,000 residents. Municipal Code language governing parkland acquisition impact fees and fees In-Lieu of parkland dedication are found in CCMC Chapters 15.06 - New Development Fees, and 15.10 - Subdivisions, but have not been reviewed and updated since 1996. From 2016 to the present, the City has collected approximately $2,454,461 in park land In-Lieu fees.
Staff engaged NBS Government Finance Group (NBS) to assist the City with a comprehensive approach for updating park land and recreation facilities related fees. Working closely with associated departments, NBS prepared a Parks and Recreation Facilities Development Impact Fee Study (the “Study”; Attachment 3) to establish the legal and policy basis (nexus) for the imposition of updated park land related and park and recreation facilities fees on new developments within the City.
Per the Parks, Recreation, and Public Facilities General Plan Element (Parks Element), the City owns and operates 85 acres of parks. These include 2 community parks, 8 neighborhood parks, and 3 parkettes/mini parks within City limits that are maintained and operated by the City’s Parks, Recreation, and Community Services (PRCS) Department. Including Stoneview Nature Center, a facility owned and operated by Los Angeles County within City limits, Culver City residents have access to 90 acres of parks.
As discussed in the Parks Element, the park service standard for City-owned parks is 3 acres per 1,000 residents; the current ratio is 2.2 acres per 1,000 residents, a 0.8 acre deficit. Assuming the projected population in 2045 is achieved (21,600 new residents) this deficit will widen if measures (such as park dedication or in-lieu fees) are not imposed on residential developments to offset impacts on park access resulting from new developments.
The recommended actions are intended to:
1. Update the City’s ordinances to align with current State legislation, including changing the fee calculation from a unit type (single family, single family attached, multi-family) fee to a square footage fee;
2. Modernize the City’s fee structure to increase revenue that supports expanded access to quality park and recreation spaces; and
3. Create a fee structure that addresses the park land standard deficit and offsets impacts of new residential developments on current parks levels of service.
In California, local governments can impose two types of development impact fees for funding parks and recreational facilities. Under the 1975 Quimby Act, found in the Subdivision Map Act (Government Code § 66477), local governments may require the dedication of land for parks or the payment of fees In-Lieu of land dedication as a condition of subdivision map approval. To fund the acquisition of new parkland outside the subdivision process, or construction of new park and recreational facilities, local governments may also impose AB 1600 Park Impact Fees by following the guidelines set forth by the Mitigation Fee Act (Government Code § 66000). These fees are based on maintaining the current level of park service for a community, cost of land, and anticipated population growth.
Park Land In-Lieu Fees (Quimby Fees)
The goal of the Quimby Act is to require developers to help mitigate the impacts of residential subdivisions on parks. (Revenues generated through the Quimby Act cannot be used for the operation and maintenance of park facilities.) The fees must be paid, and/or land conveyed, directly to the local public agencies that provide park and recreation services communitywide.
Park Land Acquisition Impact Fee (Park Land Impact)
Similar to Quimby Fees, an impact fee is imposed by a local government on a development project to pay for all or a portion of the costs of providing public facilities to new development. Impact fees are a charge on new development to help fund and pay for the construction or needed expansion of capital improvements.
Since some residential development does not involve a subdivision of land, and the Quimby Act applies only to subdivisions (including condos/parcel maps), it is useful to establish a park land impact fee that applies to residential development projects not involving a subdivision.
Park Improvement Impact Fee
Because the Park Land In-Lieu and Park Land Impact Fees cover only the cost of acquiring parkland, NBS recommends a park improvement impact fee to cover the cost of park improvements. Park improvement impact fees apply to all new residential development and are calculated to also include the cost of additional park maintenance vehicles and equipment needed to serve new development as population grows.
Community Center and Recreation Facilities Impact Fee
This impact fee applies to all new residential development and may be imposed to ensure that community centers and recreation facilities needs are able to serve future development in the City.
The Study analyzed these fees and determined an eligible amount for each one. While the City currently collects park fees intended to function like Park Land In-Lieu/Park Land Impact fees, the Park Improvement Impact and Community Center and Recreation Facilities Impact Fees would be new.
ANALYSIS
Overview
The purpose of Park In-Lieu and Park Land Impact Fees are to mitigate the effect of new residential development on the need for parks in Culver City and to prevent a reduction in the level of service provided to residents of the City because of new development. The fee is based on the cost of land in the community and a standard number of park acres per thousand residents. According to the Culver City General Plan Update 2045 and the accompanying Environmental Impact Report, the City will grow by approximately 21,600 people by 2045.
This net new population projection takes into account the new Zoning Code that allows housing by right in 82% of the City, increased base densities, elimination of minimum areas per dwelling, and new streamlined planning processes that shift discretionary reviews to the Planning and Development Director (administrative) instead of the Planning Commission, resulting in greater opportunity for housing production. Additionally, the October 2021-2029 Housing Element estimates a potential 11,500 net new dwelling units between 2019 and 2045.
The proposed park impact fee program is designed to ensure that new developments involving subdivisions pay their share of Quimby fees and new developments not subject to Quimby fees, such as apartment buildings, pay their share of the cost of land acquisition for parks (in order to maintain the City’s existing parks-to-population ratio) and their share of the cost of new parks development, trails and open space.
Four types of fees are calculated in the Study:
1. Fees In Lieu of park land dedication which comply with the Quimby Act and apply only to development that involves a subdivision;
2. Park land acquisition impact fees which comply with the Mitigation Fee Act and apply to residential development not involving a subdivision;
3. Park improvement impact fees which apply to all residential development; and
4. Community Center and Recreation Facilities Impact Fee which apply to all residential development.
Of the first two fees, a project would be subject to one or the other, not both. In Chapter 3 of the Study, the Consultant calculates a schedule of In-Lieu fees for the City’s consideration and recommends several changes to the current fee ordinance to establish park land dedication requirements and fees consistent with State statutes.
Prior to the adoption of State Assembly Bill (AB) 602, it was common practice to base residential impact fees on unit type (e.g., single-family or multi-family units). Variables used in the City’s current fee structure include unit type (e.g., single-family or multi-family) as well as assumed density per unit type, land value, and the 3 acres per 1,000 resident requirement. Consistent with the proposed ordinance, and in compliance with State law and best practices, the Study calculates impact fees based on unit size. Unit-size ranges used in the Study are:
• Less than 500 sq. ft. (estimated population per unit size - 1.00)
• Between 500 sq. ft. and 850 sq. ft. (estimated population per unit size - 1.20)
• Greater than 850 sq. ft. and up to 1,200 sq. ft. (estimated population per unit size - 2.2)
• Greater than 1,200 sq. ft. and up to 2,500 sq. ft. (estimated population per unit size - 3.00)
• Greater than 2,500 sq. ft. (estimated population per unit size - 3.4)
These figures were derived from U.S. Census Bureau/American Communities Survey 2023, 5-year Estimates for unit-type distribution and the Consultant’s calculations using the percentages of unit type distribution to assess average population per units’ size. The fees calculated in the Study are intended to pay for the parks and recreation facilities needed to serve the additional demand created by future development.
Proposed Fees
The purpose of the Study is to bring the Parks Impact Fees into alignment with State law, and to provide Council with the data/nexus that illustrates the maximum that the City can legally charge for each fee. While maximizing the allowable fees is one option, like decisions made about the City’s user fees, the Council may opt to promote local policy goals and other community considerations, by reducing or delaying certain impact fees.
For example, some of the common reasons for reduced fees, as outlined by the Government Finance Officers Association (GFOA), combined with other commonly adopted policies by neighboring jurisdictions include, but are not limited to, the following:
• address broader City objectives such as economic development goals and local social values;
• support recovery from economic disruptions;
• price comparison to neighboring jurisdictions; and
• implement an incremental phased-in fee increase to reduce the upfront price shock.
The proposed impact fees per unit calculated in Table S.1 of the Study, includes two separate total columns with either Park Land In-Lieu (Quimby with subdivision) or Park Land Impact fees (non-Quimby with no subdivision) because only one of those fees would be charged to an individual project. As discussed further in Chapter 3 of the Study, the fee amounts shown for the Park Land In-Lieu Fee and Park Land Impact Fee have been adjusted to reflect reasonable expectations for available land to acquire. The adjusted fees below are provided as the suggested reasonable alternative to the initial impact fee calculations for park land facilities.
Maximum Adjusted Fees Allowed (Table S-1)
The proposed Park Land In-Lieu Fee and the Park Land Impact Fee will each result in an increase of fees per unit amount, compared to the current method of calculating the In-Lieu Fee, especially on larger units; a review of previous calculations found a range of fees as low as $5,000 and as high as $14,000 per unit. This increase, coupled with the two new fees, could discourage residential development.
In looking at neighboring jurisdictions and others in the region, these new fee totals, although best practice, would be outliers. None of the comparison cities have a separate fee for the Community Center and Recreation Facilities Impact Fee. West Hollywood doesn't have a Parks fee and Santa Monica's is much lower than the Culver City proposed fee (see Attachment 3, page 45-46). Therefore, staff recommends that the City Council delay adoption of these two new fees and only move forward with the Park Land In-Lieu and Park Land Impact fees, as shown in the red box above.
Builders will not be charged twice. If a subdivider dedicates land and/or pays fees In-Lieu of land dedication under the City’s Quimby Act program, no Park Land Impact Fees would be imposed on that development project. Conversely, if a development project is not subject to the City’s Quimby Act program, the full Park Land Impact Fee would be imposed, and a development may also receive a partial credit if private open space is provided.
Methodology
Impact fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is related and proportional to the impacts of the development project subject to the fees. Proportionality in impact fees depends on properly identifying development related facility costs and calculating the fees in such a way that those costs are allocated in proportion to the facility needs created by different types and amounts of development.
Further, California’s Mitigation Fee Act (Government Code Section 66000 et seq.), defines public facilities very broadly to include "public improvements, public services and community amenities." Although the issue is not specifically addressed in the Mitigation Fee Act, it is clear both in case law and statute (see Government Code Section 65913.8) that impact fees may not be used to pay for ongoing maintenance or operating costs. Consequently, the fees calculated in the Study are based on the cost of capital assets only.
Summary of CCMC Changes
The Study suggests several updates to the Municipal Code for better compliance with State law:
• Updates will indicate that Quimby Act fees apply to residential projects with subdivisions.
• Updates will indicate that pursuant to the California Mitigation Act, impact fees required to cover the cost of acquisition of land for parks will apply to residential projects without subdivisions.
• Updates will eliminate density factors per dwelling unit type (single family detached and attached and multi-family) and new language will establish density per residential unit size categories as determined in the Study and noted above.
• General revisions to ensure clarity and consistency in the Code.
ENVIRONMENTAL DETERMINATION
The adoption of the Park Land In-Lieu and Park Land Impact Fee Ordinance is exempt from further environmental review under the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4) ("CEQA Guidelines") because the Ordinance: (1) will not allow for or encourage any more development than is already anticipated under the City's existing General Plan and as regulated by existing zoning, or otherwise allow for or promote physical changes in the environment; and therefore, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment; (2) is not a “project” under CEQA as it is a governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and (3) is not intended to apply to specifically identified projects and as such it is speculative to evaluate any such future project now.
Moreover, the Ordinance is not intended to, nor does it, provide CEQA clearance for future development projects by the mere establishment of a Park Land In-Lieu and Park Land Impact Fee. All new development projects required to pay these fees imposed by this Ordinance will be subject to appropriate environmental review as part of the entitlement process. Each of the foregoing provides a separate and independent basis for CEQA exemption and, when viewed collectively, provides an overall basis for CEQA exemption.
CONCLUSION
The proposed ordinance and fee schedule replaces existing code language governing park land related fees collected for residential projects and establishes new fees for residential projects that include subdivisions (Park Land In-Lieu Fee) and residential projects that do not include subdivisions (Park Land Impact Fee). This new fee structure brings the City park land related fees into conformance with State law.
The new fees are fixed and based on dwelling unit size, in contrast with the current fee structure that is based on land value and assumed densities per unit type, and which are calculated on a case-by-case basis. The new fees are more simply assessed, and developers are able to calculate the fee prior to an entitlement application submittal, thereby allowing developers to incorporate this fee in their cost analysis.
Based on the analysis contained herein, staff asserts the findings for the Code Amendment and new fees, as outlined in the Ordinance and Resolution (Attachments 1 and 2) can be made and recommends the City Council approve the amendment and related fee schedule.
FISCAL ANALYSIS
From 2016 to the present, the City has collected $2,454,461 in park land fees. Funds have been spent on a variety of projects including the Skateboard Park, Interpretive Nature Trail, and Senior Center Courtyard, with an additional $1.2 million committed for parks projects identified in the Capital Improvement Program (CIP) for Fiscal Year 2025-26.
The Study estimates projected revenue based on cost per capita for Park Land In-Lieu and Park Land Impact Fees and population increase by 2045. If population increases as predicted, the projected revenue from Park Land In-Lieu fees is $8,933,332 and $120,680,383 from Park Land Impact Fee by 2045. Actual revenue is dependent on development projects but fees on a per unit basis will increase, compared to the current fee structure, as a result of the new fees.
The Study recommends fees be reviewed annually and adjusted as needed using local cost data or an index such as the Engineering News Record Construction Cost Index (CCI). Staff will recommend that the Council adopt new fees reflecting this increase as part of the adoption of each annual budget, until a new Study is performed or the maximum fee per the current Study is reached. Per State law, this Nexus Study and associated fees must be updated every 8 years.
ATTACHMENTS
1. 2026-01-12_ATT1_Ordinance with Exhibit A: Park Land In-Lieu and Park Land Impact Code Language
2. 2026-01-12_ATT2_Resolution that sets new Park Land In-Lieu and Park Land Impact fee amounts and rates and accepts the Parks and Recreation Facilities Development Impact Fee Study
3. 2026-01-12_ATT3_Parks and Recreation Facilities Development Impact Fee Study, October 2025
recommended action
MOTION
That the City Council:
1. Adopt a finding the Ordinance approving a City-initiated Code Amendment to Culver City Municipal Code Sections 15.06.300-330 and 15.10.750-790 adopting New Park Land In-Lieu and Park Land Impact Fees (“Proposed Ordinance”) is exempt from CEQA pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15060(c)(3), 15061(b)(3), and 15378(b)(4);
2. Introduce the Proposed Ordinance; and
3. Adopt a Resolution setting new Park Land In-Lieu and Park Land Impact fee amounts and rates and accepting the Parks and Recreation Facilities Development Impact Fee Study except for the establishment of a new Park Improvement Impact Fee and a new Community and Recreation Center Impact Fee which will be phased in over the next 5 years.