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HomeMy WebLinkAboutAGENDA REPORT 2023 0719 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of July 19, 2023 ACTION APPROVED STAFF RECOMMENDATION INCLUDING ADOPTION OF RESOLUTION NO. 2023-4196 AND INTRODUCTION OF ORDINANCE NO. 517. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. A. Consider Resolution Approving Development Impact Fee Nexus Study for the Library Facilities Fee, Park and Recreation Fee, City Hall Improvement Fee, Police Facilities Fee, and Citywide Transportation Fee and Enabling Ordinance Implementing the Development Impact Fees, and Rescinding Resolution No. 2023-4157. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2023-4196 updating the Development Impact Fees and Introduce Enabling Ordinance No. 517, and Rescinding Resolution No. 2023-4157. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director BY: Megan Quinn, Harris & Associates, Inc. DATE: 07/19/2023 Regular Meeting SUBJECT: Consider Resolution Approving Development Impact Fee Nexus Study for the Library Facilities Fee, Park and Recreation Fee, City Hall Improvement Fee, Police Facilities Fee, and Citywide Transportation Fee and Enabling Ordinance Implementing the Development Impact Fees, and Rescinding Resolution No. 2023-4157 BACKGROUND The item provides findings and recommendations from the recently completed Nexus Study for Development Impact Fees (DIFs). The Nexus Study, commenced in Fiscal Year (FY) 2021/22, with support from Harris & Associates, Inc. and in conjunction with the previously adopted User and Regulatory Fee Study adopted by City Council on February 1, 2023. This information can be used by the City Council as it considers potential updates to fees. As development occurs in the City, new backbone infrastructure and capital facilities are required to mitigate the increased demand on these amenities created by new residents and workers. DIFs fund this impacted backbone infrastructure and capital facilities as well as the related administrative costs. The DIF program contains separate fee categories for each type of backbone infrastructure and capital facilities. DIFs are one-time fees that are applied to new development or re-development projects for new construction to fund new development’s impact on City Infrastructure. The schedule of established fees may be amended from time to time by resolution of the City Council. They can also be updated administratively by an annual inflation factor that is included as part of the adopting resolution. Currently, the City’s DIFs are not adjusted annually to keep up with changes in construction costs. As a result, fee collection has Item: 8.A. 1 Honorable City Council 07/19/2023 Regular Meeting Page 2 not kept pace with rising construction costs over the years, and funds collected may not be sufficient to construct the backbone infrastructure and facilities originally identified when the fees were calculated. Thus, the DIFs need to be updated to reflect increasing construction costs and an annual escalator needs to be established to prevent further degradation of fee revenues over time. A Development Impact Fee Nexus Study (Nexus Study or Report) is an analysis required by California law that demonstrates the need for additional backbone infrastructure and facilities to serve anticipated growth; identifies the associated costs of those infrastructure facilities and how these costs are recovered through DIFs. Incorporated in this Nexus Study are the following fees: • Library Facilities • Parks and Recreation • City Hall Improvements • Police Facilities • Citywide Transportation The goal of the City is to develop a fee program that achieves the funding objectives laid out in the General Plan, Housing Element, master plans, balances fee levels with desired economic growth and complies with the legal requirements of the Mitigation Fee Act (Assembly Bill (AB) 1600 (AB 1600)/Government Code Section 66000 et seq.) and AB 602 (AB 602). The Nexus Study satisfies the AB 1600 Nexus requirements, AB 602 requirements, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees. The City currently collects the following fees that fall under the Mitigation Fee Act: Traffic System Management, Citywide Traffic Mitigation Fee, Library Facilities, Park and Recreation, Los Angeles Area of Contribution Fee, Tierra Rejada/Spring Road Area of Contribution Fee, and Police Facilities Fee. Additionally, the City does not currently collect a City Hall Improvement Fee but is anticipating that a new City Hall and Civic Center Complex project will be constructed in the future. In previous years the City has collected fees as part of Development Agreement negotiations that have been transferred to the City’s Fund 3001: City Hall Improvement Fund. This new City Hall Improvement Fee is separate from the previously developer negotiated fee. This Nexus Study provides the analysis for a City Hall Improvement Fee collected from new development to assist with funding new growth’s fair share of the estimated $45 million City Hall and Civic Center Complex Project. 2 Honorable City Council 07/19/2023 Regular Meeting Page 3 This Nexus Study also combines the four transportation related impact fees the City currently collects into one Citywide Transportation Fee for additional flexibility and ease of administration. The Citywide Transportation Fee will supersede the Traffic System Management Fee, the Citywide Traffic Mitigation Fee, the Los Angeles Area of Contribution Fee, and the Tierra Rejada/Spring Road Area of Contribution Fee. The transportation facilities originally identified to be funded through these fee programs remain intact and will be funded through the newly formed Citywide Transportation Fee. DISCUSSION AB 1600 was enacted by the State of California in 1987 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigation Fee Act requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project: 1. Identify the purpose of the fee. 2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. 3. Determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed. 4. 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. 5. 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 to the development on which the fee is imposed. The purpose of this Nexus Study is to demonstrate that all fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees and the development on which the fees will be charged are summarized in the Nexus Study. AB 602 requires that when applicable, the Nexus Study identifies the existing level of service for each public facility, identifies the proposed new level of service, and includes an explanation of why the new level of service is appropriate. Since the City does not currently have impact fees for City Hall improvements and the Citywide Transportation Fee is a new combined fee program, the calculation presented in the Nexus Study for these two fee programs provide justification for an entirely new fee rather than an increase over an existing amount. The Nexus Report relies on existing level of service standards developed in consultation with City staff, and references existing capital facilities and improvements in the City for the Library Fee, Parks & Recreation Fee, and the Police Fee. The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving 3 Honorable City Council 07/19/2023 Regular Meeting Page 4 existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long- range plan for new facilities is not available. The staff billing rates will be adjusted in accordance with Council’s future action on Item 8.B. on the July 19, 2023 City Council meeting. RECOMMENDATION Based on the findings presented in the Nexus Study, and the feedback received from City staff and City Council during the review sessions of the Nexus Study, City staff recommends the City Council adopt a resolution updating the Development Impact Fees and adopt an Enabling Ordinance implementing the fees to ensure new development pays its fair share of facilities and improvement costs. The recommended fee levels for all land uses are set at the maximum justifiable fee amount calculated in the Nexus Study. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The fiscal impacts of DIFs on the City’s finances are associated with both increased revenues and expenses. Administrative expenses will be incurred as City staff collect fees and manage the use and application of fee revenues. The City charges an additional five percent (5%) Administrative Fee to cover these costs. Land Use 1 Library Park & Recreation City Hall Police Citywide Transportation Residential Single Family $0.73 $4.71 $1.24 $0.57 $8.71 Multi-Family $1.02 $6.54 $1.72 $0.80 $9.30 Non-Residential Commercial $188 N/A $319 $147 $20,111 Office $376 N/A $637 $295 $15,377 Industrial $75 N/A $127 $59 $4,664 1 (Fee per Building Square Foot) (Fee per 1,000 Building Square Feet) An administrative fee of 5% is included in the fees shown for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is calculated on a fee by fee basis. Please refer to the individual fee calculation tables for a breakdown of the administration fee. 4 Honorable City Council 07/19/2023 Regular Meeting Page 5 Additional revenue generation is anticipated with the proposed fee increases, as shown in the tables below for each DIF: Library, Parks & Recreation, City Hall, Police and Citywide Transportation. These fees are shown without the administrative portion of the fee. Library Fee Table 1 summarizes the anticipated revenue collection at Buildout from the proposed Library Fee. The revenue will be available to fund the 4,500 square foot library expansion. Table 1: Library Fee Estimated Revenue at Buildout Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF)(Fee per SF) Single Family $0.70 569 1,422,500 $995,750 Multi-Family $0.97 4,385 6,139,000 $5,954,830 Non-Residential (Fee per 1,000 SF)(Fee per 1,000 SF) Commercial $179.26 n/a 2,190,538 $392,676 Office $358.52 n/a 590,085 $211,557 Industrial $71.70 n/a 2,360,343 $169,237 Total $7,724,050 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. 5 Honorable City Council 07/19/2023 Regular Meeting Page 6 Parks & Recreation Fee Table 2 summarizes the anticipated revenue collection at Buildout from the proposed Parks & Recreation Fee. Table 2: Parks & Recreation Fee Estimated Revenue at Buildout City Hall Fee Table 3 summarizes the anticipated revenue collection at Buildout from the proposed City Hall Fee. The revenue will be available to expand the City’s City Hall facilities to meet the needs of new residents. Table 3: City Hall Fee Estimated Revenue at Buildout Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF) Single Family $4.49 569 1,422,500 $6,387,025 Multi-Family $6.23 4,385 6,139,000 $38,245,970 Total 4,954 7,561,500 $44,632,995 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF)(Fee per SF) Single Family $1.18 569 1,422,500 $1,678,550 Multi-Family $1.64 4,385 6,139,000 $10,067,960 Non-Residential (Fee per 1,000 SF)(Fee per 1,000 SF) Commercial $303.51 n/a 2,190,538 $664,841 Office $607.01 n/a 590,085 $358,189 Industrial $121.40 n/a 2,360,343 $286,551 Total $13,056,091 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. 6 Honorable City Council 07/19/2023 Regular Meeting Page 7 Police Fee Table 4 summarizes the anticipated revenue collection at Buildout from the proposed Police Fee. The revenue will be applied to the outstanding debt for the Moorpark Police Service Center (MPSC) and to fund future equipment to meet the needs of new development. Table 4: Police Fee Estimated Revenue at Buildout Citywide Transportation Fee Table 5 summarizes the anticipated revenue collection at Buildout from the proposed Citywide Transportation Fee. The revenue will be used to fund future transportation facilities. Table 5: Transportation Fee Estimated Revenue at Buildout Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (S F) Anticipated Fee Collection a t Buildout2 Residential (Fee per SF) Single Family $0.54 569 1,422,500 $768,150 Multi-Family $0.76 4,385 6,139,000 $4,665,640 Non-Residential (Fee per 1,000 SF) Commercial $140.26 n/a 2,190,538 $307,252 Office $280.53 n/a 590,085 $165,535 Industrial $56.11 n/a 2,360,343 $132,428 Total $6,039,005 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per Dwelling Unit) Single Family $8.30 569 1,422,500 $11,806,750 Multi-Family $8.86 4,385 6,139,000 $54,391,540 Non-Residential (Fee per 1,000 SF) Commercial $19,153 n/a 2,190,538 $41,955,374 Office $14,645 n/a 590,085 $8,641,795 Industrial $4,442 n/a 2,360,343 $10,484,644 Total $127,280,103 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. 7 Honorable City Council 07/19/2023 Regular Meeting Page 8 COUNCIL GOAL COMPLIANCE This action is consistent with the following City Council Goal for 2023-2025: • Goal 3, Objective 3.5: “Financial Sustainability.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Adopt Resolution No. 2023-____ updating the Development Impact Fees and Introduce Enabling Ordinance No. ____, and Rescinding Resolution No. 2023- 4157. Attachment 1: Draft Resolution No. 2023-____ Attachment 2: Draft Ordinance No. ___ 8 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A DEVELOPMENT IMPACT FEE NEXUS STUDY, ADOPTING A CAPITAL IMPROVEMENT PROGRAM AS PART OF THE NEXUS STUDY, UPDATING AND ESTABLISHING THE FEE AMOUNTS FOR THE CITY’S DEVELOPMENT IMPACT FEES, AND MAKING DETERMINATIONS UNDER CEQA WHEREAS, the Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding public facilities necessary to serve that new development; and WHEREAS, the City desires to update and expand on the existing impact fees on new development to fund the costs associated with increased demand for public facilities throughout the City; and WHEREAS, proposed Ordinance No. 517, once adopted, will amend Chapter 3.36 (“Development Impact Fees”) of the Municipal Code, which establishes the City’s program and requirements for the imposition of development impact fees on development projects and will provide that the City Council shall, by resolution, adopt a schedule setting forth the specific amount of development impact fees that will be levied on upon new development in the City for each category of fee; and WHEREAS, Harris & Associates, Inc. has prepared the Development Impact Fee Nexus Study dated July 2023, included as Exhibit A (“Nexus Study”); and WHEREAS, the Nexus Study identifies the purpose of each fee, the use to which each fee will be put, demonstrates a reasonable relationship between the each fee’s use and the type of development project on which the fee will be imposed and provides how there is a reasonable relationship between the amount of each fee and the cost of the public facility or portion of the public facility attributable to the development on which each fee is imposed. In addition, the Nexus Study identified capital projects necessary to meet the goals, programs, and objectives within the City’s General Plan; and WHEREAS, the Nexus Study evaluated project development growth in the City consistent with the Moorpark General Plan 2050’s Buildout Methodology for calculating development capacity for fire protection, police, general city, parkland and park, based on the City’s newly adopted General Plan, adopted specific plans and other development approvals, and provides the basis for calculating and adopting development impact fees in the following categories: (1) library, (2) parks and recreation, (3) city hall improvement, (4) police facilities, and (5) citywide transportation; and WHEREAS, the Nexus Study provides the documentation, detail, and other information required by the Mitigation Fee Act as the basis for the adoption and imposition of the development impact fees for library, parks and recreation, city hall improvement, police facilities, and citywide transportation; and ATTACHMENT 1 9 Resolution No. 2023-____ Page 2 WHEREAS, pursuant to the Mitigation Fee Act, the City Council finds that there is a reasonable relationship between the need for parks and recreation facilities because future residential development will increase the City’s population and will require additional park and recreational facilities to adequately serve the athletic and recreational needs of these new residents. The need to collect fees on new residential construction to mitigate the impact on park and recreation facilities and to fund park and recreation facility development costs, is separate from, and in addition to, the fees and costs to acquire land to be used for park purposes, which fees and costs for land acquisition are provided by the City’s Quimby Act Ordinance as provided in Chapter 16.44 of the Moorpark Municipal Code; and WHEREAS, with respect to fees for library, city hall improvement, police facilities and citywide transportation, the facts and evidence presented to the City Council have established that there is a reasonable relationship between the need for new facilities or improvements and the impacts of new development for which a corresponding fee is charged, and also that there is a reasonable relationship between the fees’ use and the type of development for which the fee is imposed; and WHEREAS, the City has complied with the notice and hearing requirements of state law and the Mitigation Fee Act prior to adopting this Resolution, and a notice of public hearing on the development impact fees was mailed as required by law to any interested party who filed a written request with the City Clerk for mailed notice of a meeting on new or increased fees; and WHEREAS, the City Council held a duly noticed public hearing at the June 7, 2023 Regular Council meeting and continued the hearing to a date certain, July 19, 2023, at which time further testimony was presented and the public hearing was closed; and WHEREAS, the City Council finds that the record of these proceedings, including the Nexus Study, the City’s General Plan, ordinances and resolutions, the staff report, written correspondence received by the City, and the testimony received at the hearing prior to the adoption of this Resolution, held on July 19, 2023, contains substantial evidence to support the imposition and collection of the development impact fees established herein; and WHEREAS, the City Council has reviewed and considered the development impact fees established herein, and finds that the fees will mitigate some of the impacts associated with additional capital and infrastructure needs necessitated by new residential and non-residential development in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The findings and recitals set forth in this Resolution are true and correct, and are incorporated herein. SECTION 2. CEQA. The approval of the Nexus Study, Capital Improvement Plan associated with the Nexus Study, and the adoption of the DIFs specified in this 10 Resolution No. 2023-____ Page 3 Resolution, was reviewed in accordance with the criteria contained in the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. The City Council finds that approval of the Nexus Study and the adoption of the DIFs specified in this Resolution will not have a significant impact on the environment and are exempt from CEQA pursuant to Section 15061(b)(3) of State CEQA Guidelines because these actions involve the adoption of DIFs and no specific development is authorized by the adoption of the Nexus Study or the adoption of new DIFs. Furthermore, the Capital Improvement Program is a prioritizing and funding allocation program and cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required environmental review is conducted at the time the physical improvements prioritized in the Capital Improvement Program are undertaken at a future unspecified date. Therefore the approval of the Nexus Study, Capital Improvement Plan associated with the Nexus Study, and adoption of the DIFs does not have the potential for causing a significant effect on the environment. In addition, the adoption of this Resolution approves and sets forth a procedure for determining fees for the purpose of obtaining funds for capital projects and equipment necessary to maintain service within existing service areas and is statutorily exempt from CEQA pursuant to State CEQA Guidelines 15273(a)(4). Also, approval of the Capital Improvement Plan associated with the Nexus Study, is exempt from the requirements of CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because the Plan is not a “project” as defined by CEQA, but involves the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. SECTION 3. Approval of the Nexus Study and Mitigation Fee Act Findings. The City Council hereby approves the City of Moorpark Development Impact Fee Nexus Study prepared by Harris & Associates, Inc. and dated May 2023, and the findings contained therein. A copy of the Nexus Study shall be on file with the City Clerk and available during regular City business hours for public inspection. SECTION 4. Adoption of a Capital Improvement Program. The City Council hereby adopts the Capital Improvement Program attached as Appendix A to the Nexus Study, as a part of the Nexus Study. SECTION 5. Establishing the Amount of Development Impact Fees. The City Council hereby adopts the DIFs for (1) Library, (2) Parks and Recreation, (3) City Hall Improvements, (4) Police Facilities, and (5) Citywide Transportation, in accordance with the Schedule of Fees and Service Charges, attached hereto as Exhibit B and incorporated by this reference. The Schedule of Fees and Service Charges contains the DIFs identified above. The City Council is not readopting or revising the existing fees not identified in this Resolution or analyzed in the Nexus Study; all such fees and charges remain in place at the current amount. 11 Resolution No. 2023-____ Page 4 SECTION 6. Adoption of Methodology for Calculation, Adjustment, and Collection of Development Impact Fees. The City Council adopts the methodology set forth in the Nexus Study, for calculating and collecting the DIFs adopted herein. The DIFs established in Exhibit B shall be calculated, adjusted, and collected in accordance with City ordinances, Chapter 3.36 of the Moorpark Municipal Code, as amended by Ordinance No. 517, and the Nexus Study. The amount of the DIFs shall be adjusted annually in July of each calendar year, using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve- month period ending in May or a similar published index if the CCI Index is no longer available. SECTION 7. Effective Date of DIFs. The development impact fees established by Section 5 of this Resolution shall be effective on the later of: (i) the sixtieth (60th) day following the adoption of this Resolution or (ii) the effective date of proposed Ordinance No. 517, an ordinance amending Chapter 3.36 (“Development Impact Fees”) of the Municipal Code and establishing the City’s program and requirements for the imposition of development impact fees on development projects. SECTION 8. No Changes to Other City Fees. Nothing in this Resolution shall repeal, amend or supersede any other City imposed fees except for the amount of specific type and category of DIF addressed in the Nexus Study and expressly established by this Resolution. SECTION 9. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of July, 2023. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Nexus Study Exhibit B – Schedule of Fees and Service Charges 12 City of Moorpark Development Impact Fee Nexus Study July 2023 Prepared By: Resolution No. 2023-____ Page 5 13 This page intentionally left blank. Resolution No. 2023-____ Page 6 14 Development Impact Fee Nexus Study i July 2023 City of Moorpark Table of Contents Section 1 Executive Summary ............................................................................................... 1 Introduction .............................................................................................................. 1 Nexus Study ............................................................................................................. 2 Administrative Fee.................................................................................................... 4 Fee Adjustment Procedures ..................................................................................... 4 Timing of Fee Payment ............................................................................................ 5 Section 2 Legal Context and Methodology ........................................................................... 6 Nexus Requirement Summary ................................................................................. 6 AB602 ...................................................................................................................... 6 Methodology ............................................................................................................. 8 Section 3 Population and Land Use Assumptions ............................................................ 10 Land Use Types ..................................................................................................... 10 Growth Forecasts ................................................................................................... 10 Average Unit Sizes ................................................................................................. 13 Section 4 Library Fee ............................................................................................................ 15 Background ............................................................................................................ 15 Current Facilities .................................................................................................... 15 Planned Facilities ................................................................................................... 15 Fee Methodology.................................................................................................... 15 Fee Summary ......................................................................................................... 16 Revenue Projections .............................................................................................. 17 Nexus Requirement Summary ............................................................................... 17 Section 5 Park & Recreation Fee ......................................................................................... 19 Background ............................................................................................................ 19 Current Level of Service ......................................................................................... 20 Planned Level of Service........................................................................................ 20 Parkland ................................................................................................................. 20 Service Population ................................................................................................. 20 Fee Methodology.................................................................................................... 21 Fee Summary ......................................................................................................... 22 Revenue Projections .............................................................................................. 22 Nexus Requirement Summary ............................................................................... 23 Section 6 City Hall Improvement Fee .................................................................................. 26 Background ............................................................................................................ 26 Current Level of Service ......................................................................................... 26 Resolution No. 2023-____ Page 7 15 Development Impact Fee Nexus Study ii July 2023 City of Moorpark Planned Level of Service........................................................................................ 26 Fee Methodology.................................................................................................... 27 Fee Summary ......................................................................................................... 27 Revenue Projections .............................................................................................. 28 Nexus Requirement Summary ............................................................................... 28 Section 7 Police Facilities Fee ............................................................................................. 31 Background ............................................................................................................ 31 Current Level of Service ......................................................................................... 31 Planned Level of Service........................................................................................ 32 Fee Methodology.................................................................................................... 32 Fee Summary ......................................................................................................... 33 Revenue Projections .............................................................................................. 33 Nexus Requirement Summary ............................................................................... 34 Section 8 Citywide Transportation Fee ............................................................................... 36 Background ............................................................................................................ 36 Service Population ................................................................................................. 39 Cost Summary ....................................................................................................... 39 Fee Methodology.................................................................................................... 39 Fee Summary ......................................................................................................... 41 Reduced Traffic Fee ............................................................................................... 41 Revenue Projections .............................................................................................. 42 Nexus Requirement Summary ............................................................................... 43 Section 9 Implementation and Administration ................................................................... 45 Implementation ....................................................................................................... 45 Fee Program Administrative Requirements ........................................................... 45 Fee Adjustment Procedures ................................................................................... 46 Timing of Fee Payment .......................................................................................... 46 Credits and Reimbursement Policies ..................................................................... 46 Administrative Fee.................................................................................................. 47 Programming Revenues with the CIP .................................................................... 47 Fee Reporting ........................................................................................................ 47 Accessory Dwelling Units ....................................................................................... 48 Specialized Development Projects ......................................................................... 48 Rebuild or Expansion Projects ............................................................................... 48 Appendix A Capital Improvement Program………………………………………………………..50 Resolution No. 2023-____ Page 8 16 Development Impact Fee Nexus Study iii July 2023 City of Moorpark Tables Table 1-1: City of Moorpark List of Development Impact Fees ..................................................... 3 Table 1-2: Summary of Maximum Allowable Development Impact Fees ..................................... 4 Table 3-1: Existing Service Population ....................................................................................... 11 Table 3-2: Estimated Service Population at Buildout .................................................................. 12 Table 3-3: Estimated Buildout Projected New Growth ................................................................ 12 Table 3-4: Persons per Household & Employment Density ........................................................ 13 Table 3-5: Residential Land Use Average Unit Size ................................................................... 14 Table 4-1: New Library Cost and Size ........................................................................................ 15 Table 4-2: Cost per SF for Library Space ................................................................................... 16 Table 4-3: Cost per Capita for Library Space ............................................................................. 16 Table 4-4: Library Fee Summary ................................................................................................ 16 Table 4-5: Anticipated Library Fee Collection at Buildout ........................................................... 17 Table 5-1: Recreational Facility Inventory ................................................................................... 20 Table 5-2: Park Facility Cost per Resident ................................................................................. 21 Table 5-3: Existing Recreation Facility Level of Service ............................................................. 22 Table 5-4: Parks Fee Cost Summary .......................................................................................... 22 Table 5-5: Parks Fee Estimated Revenue at Buildout ................................................................ 23 Table 6-1: City Hall Facility Inventory & Level of Service ........................................................... 27 Table 6-2: City Hall Improvement Fee Summary ........................................................................ 28 Table 6-3: Anticipated City Hall Improvement Fee Revenues at Buildout .................................. 28 Table 7-1: Existing Police Facilities Level of Service .................................................................. 32 Table 7-2: Police Facilities Fee ................................................................................................... 33 Table 7-3: Anticipated Police Facilities Fee Collection at Buildout ............................................. 34 Table 8-1: Transportation Facilities – Planned Facilities ............................................................ 38 Table 8-2: Land Use Trip Generation ......................................................................................... 39 Table 8-3: New Development Trip Generation ........................................................................... 40 Table 8-4: Cost per Trip .............................................................................................................. 41 Table 8-5: Citywide Transportation Fee Summary ..................................................................... 41 Table 8-6: Anticipated Citywide Transportation Fee Collection at Buildout ................................ 43 Resolution No. 2023-____ Page 9 17 Development Impact Fee Nexus Study 1 July 2023 City of Moorpark Section 1 Executive Summary Introduction The City of Moorpark (City) is located in Ventura County (County), California, 50 miles northwest of Los Angeles in a valley created by the Arroyo Simi River. The City is divided by Highway 118, known locally as Los Angeles Avenue. The City was officially incorporated on July 1, 1983. Per the City’s recently updated Housing Element, the City’s most dramatic period of growth occurred in its early years. This period saw a substantial shift in the City’s center of activity, with large- scale development in areas that had been primarily used for agriculture. High Street and the surrounding area remained the social and retail center of Moorpark through the 1980s until commercial activity began to shift to the south, and suburban- style, multi-tenant retail centers grew along Los Angeles Avenue. Home construction significantly accelerated in the community and with the incorporation of Mountain Meadows and Peach Hill, the City's built footprint expanded from the flatlands into the surrounding hillsides. Per the City’s General Plan Update (May 3, 2023), the City’s 2020 population is 36,284 and is expected to be 54,000 at Buildout of the City. The Total future residents at Buildout used in this Nexus Study are based on future units from the General Plan and persons per household assumptions. The total differs slightly from the General Plan due to the persons per household factor being applied to single-family and multifamily units for purposes of this analysis instead of the overall average of 3.2 persons per household used in the General Plan. The City consists primarily of single-family homes, which account for approximately 73% of the housing stock in the City, plus rural housing and mobile homes. This is largely the result of how the City was developed with single-family residential subdivisions throughout the City’s history, including a period of rapid suburbanization following its incorporation. Approximately 2% of the City' s housing stock is duplexes, triplexes, and quadplexes. Condominiums comprise an additional approximate 7% and townhomes another estimated 6%. The City has five existing townhome developments and six condominium developments, which total approximately 1,500 units. The City has eight apartment properties providing 1,132 housing units or approximately 10% of the City' s housing stock. Four projects are deed restricted and provide 100% affordable housing to lower income residents. Two of the affordable housing properties are age restricted to seniors, and both are disabled friendly. The other four apartment properties are market rate developments. At Buildout, the City anticipates over 600 single-family units and over 4,000 multi-family units will be constructed, including the redevelopment of vacant buildings and underutilized properties that have the potential to be redeveloped. The last comprehensive update of the City’s General Plan was completed in 1986, followed by a limited update in 1992. The City is currently undertaking a comprehensive update to the General Plan (General Plan 2050), the 2021-2029 Housing Element (November 23, 2022), and the Park Resolution No. 2023-____ Page 10 18 Development Impact Fee Nexus Study 2 July 2023 City of Moorpark and Recreation Master Plan. This Development Impact Fee Nexus Study (Nexus Study or Analysis) is part of the comprehensive update to key planning documents. Development Impact Fees (DIFs) are one-time fees that are applied to new development or re- development projects for new construction to fund new development’s impact on City Infrastructure. The schedule of established fees may be amended from time to time by resolution of the City Council. They can also be updated administratively by an annual inflation factor that is included as part of the adopting resolution. Currently, the City’s DIFs are not adjusted annually to keep up with changes in construction costs. As a result, fee collection has not kept pace with rising construction costs over the years, and funds collected may not be sufficient to construct the facilities originally identified when fees were calculated. The goal of the City is to develop a fee program that achieves the funding objectives laid out in the General Plan, Housing Element, master plans, balances fee levels with desired economic growth, and complies with the legal requirements of the Mitigation Fee Act (AB1600/ Government Code Section 66000 et seq.) and Assembly Bill 602 (AB602). Nexus Study Purpose As development occurs in the City, new backbone infrastructure and capital facilities are required to mitigate the increased demand created by new residents and workers. DIFs fund this impacted backbone infrastructure and capital facilities as well as the related administrative costs through the City’s fee program. The fee program contains separate fee categories for each type of infrastructure and capital facilities. Incorporated in this Nexus Study are the following fees: · Library · Parks and Recreation · City Hall Improvements · Police Facilities · Citywide Transportation Table 1-1 lists the fees the City currently collects and accounts for per the City of Moorpark Development Impact Fee Annual Report (“AB1600” Report) for Fiscal Year 2021-2022. The table below also shows which fees are included in the Nexus Study, which fees have been combined, and which fees are excluded. The City Hall Improvements Fee included in this Nexus Study is a new proposed fee and is not included in Table 1-1. Resolution No. 2023-____ Page 11 19 Development Impact Fee Nexus Study 3 July 2023 City of Moorpark Table 1-1: City of Moorpark List of Development Impact Fees Current Fees Notes Traffic System Management Combined for new Citywide Transportation fee. Citywide Traffic Mitigation Fee Combined for new Citywide Transportation fee. Crossing Guard Fund No change – not an AB1600 fee. Library Facilities Included in Nexus Study. Open Space Maintenance No change. Not included as it is for maintenance. Tree and Landscape Maintenance No change. Not included as it is for maintenance. Art in Public Places No change – not an AB1600 fee. Park Improvement No update to Quimby Fee. Updating Park and Recreation Fee. Los Angeles A.O.C. Combined for new Citywide Transportation fee. Tierra Rejada/Spring A.O.C Combined for new Citywide Transportation fee. Casey/Gabbert A.O.C Fee rescinded on 3/15/2017. Freemont Storm Drain A.O.C No change. Development Agreement fee. Walnut Canyon Traffic Noise Attenuation No change. Development Agreement / Area Specific fee. Police Facilities Fund Included in Nexus Study. Fire protection is provided by Ventura County Fire Protection District. On October 19, 1983 the City Council adopted Resolution 83-47, establishing a Fire Protection Facility Fee schedule. The City’s fee schedule must match those of the Fire District. The fees were last updated on October 23, 2007 when the Fire Protection Facility Fee was approved by the Ventura County Board of Supervisors. The City adopted an updated fee in December 2007 that was consistent with County Fees. The Fire Protection Fee will not be updated as part of this Nexus Study since there have not been any updates to the fee adopted by the County. This report is designed to satisfy the AB1600 Nexus requirements, AB602 requirements, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees. Results Table 1-2 shows a summary of the maximum allowable fees for library, park and recreation, city hall improvements, police facilities, and citywide transportation facilities. Pursuant to AB602, Resolution No. 2023-____ Page 12 20 Development Impact Fee Nexus Study 4 July 2023 City of Moorpark residential development fees are now assessed on a per square foot basis and non-residential development fees are assessed on a per 1,000 square foot basis. Park and Recreation Fees are not assessed on non-residential development. Table 1-2: Summary of Maximum Allowable Development Impact Fees Administrative Fee The City oversees the implementation and administration of the DIF Program, consistent with the requirements of the Mitigation Fee Act. A five percent (5%) Administrative Fee is added to fund the costs of the City’s management and ongoing fee program administration, collection, and reporting. This includes costs associated with City staff and consultant time, studies, and administration to support the program. Industry standard ranges from three to six percent (3-6%) for the administrative component of a development fee program. The administrative functions includes, but is not limited to, the following: • Annual fee adjustments • Annual fee reporting • Additional fee reporting every five years • Posting of nexus studies and fee schedules on the City’s website • Periodic nexus study updates • Staff and consultant time related to fee preparation, collection, tracking, and administration Fee Adjustment Procedures The DIFs may be adjusted periodically to reflect revised facility requirements, receipt of funding from alternative sources (i.e., state or federal grants), revised facilities or costs, changes in demographics, changes in the average unit square footage, or changes in the land use plan. In Land Use 1 Library Park & Recreation City Hall Police Citywide Transportation Residential Single Family $0.73 $4.71 $1.24 $0.57 $8.71 Multi-Family $1.02 $6.54 $1.72 $0.80 $9.30 Non-Residential Commercial $188 N/A $319 $147 $20,111 Office $376 N/A $637 $295 $15,377 Industrial $75 N/A $127 $59 $4,664 1 (Fee per Building Square Foot) (Fee per 1,000 Building Square Feet) An administrative fee of 5% is included in the fees shown for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is calculated on a fee by fee basis. Please refer to the individual fee calculation tables for a breakdown of the administration fee. Resolution No. 2023-____ Page 13 21 Development Impact Fee Nexus Study 5 July 2023 City of Moorpark addition, in July of each calendar year, the fees will automatically be adjusted using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available. For example, the adjustment for July 2024 will be determined by taking the percentage change of the Los Angeles construction cost index from May 2023 to May 2024. Timing of Fee Payment Fees will be collected at the time the building permit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects, the fees will be due at the time of the building permit for each building. For high-density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. Resolution No. 2023-____ Page 14 22 Development Impact Fee Nexus Study 6 July 2023 City of Moorpark Section 2 Legal Context and Methodology Nexus Requirement Summary AB1600 was enacted by the State of California in 1987 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigation Fee Act requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project: 1. Identify the purpose of the fee. 2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. 3. Determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed. 4. 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. 5. 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 to the development on which the fee is imposed. The purpose of this report is to demonstrate that all fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees and the development on which the fees will be charged are summarized in subsequent sections of this report. AB602 AB602, which was enacted by the State of California in 2021, amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Government Code. AB602 requires that if a local agency conducts and adopts an impact fee nexus study after January 1, 2022, the local agency shall follow all of the following standards and practices: 1. Before the adoption of an associated development fee, an impact fee nexus study shall be adopted. 2. When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. 3. A nexus study shall include information that supports the local agency’s actions, as required by subdivision (a) of Section 66001 of the Government Code. 4. If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee. Resolution No. 2023-____ Page 15 23 Development Impact Fee Nexus Study 7 July 2023 City of Moorpark 5. A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development. A local agency that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. A nexus study is not required to comply with the requirements to calculate a fee imposed on a housing development project proportionally to the square footage of the proposed units if the local agency makes the following findings: · An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project. · An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. · That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees. 6. Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study. 7. All studies shall be adopted at a public hearing with at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing. 8. Studies shall be updated at least every eight years, from the period beginning on January 1, 2022. 9. The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code. The purpose of this report is to demonstrate that all fee components comply with the Mitigation Fee Act and AB602. An analysis of level of service for each applicable fee component is summarized in subsequent sections of this report. Capital Improvement Plan: AB602 states that large jurisdictions shall adopt a capital improvement plan (CIP) as part of the nexus study. This Nexus Report includes the facilities to be adopted as the City’s CIP for the DIF program in Appendix A. Explanation of Level of Service and Fee Increase: AB602 requires that when applicable, the nexus study identifies the existing level of service for each public facility, identifies the proposed new level of service, and includes an explanation of why the new level of service is appropriate. Since the City does not currently have impact fees for city hall improvements and the transportation fee is a new combined fee program, the calculation presented herein for these two Resolution No. 2023-____ Page 16 24 Development Impact Fee Nexus Study 8 July 2023 City of Moorpark fee programs provide justification for an entirely new fee rather than an increase over an existing amount. This Nexus Report relies on existing level of service standards developed in consultation with City staff and with reference to the existing capital facilities and improvements in the City for the Library Fee, Park & Recreation Fee, and the Police Fee documented herein and is appropriate for new development to pay their fair share. Methodology Imposed fees require various findings to ensure that a reasonable relationship exists between the fee amount and the cost of the facility or portion of the facility attributable to the new development. Several methodologies are available to determine fee amounts. Choosing the appropriate methodology depends on the type of facility for which the fee is calculated and the availability of documentation to support the fee calculation. Following is a discussion of the methodologies available to calculate the separate fee components in this report. Facility Standards Method The facility standards method determines the facilities and associated costs required to accommodate growth based on adopted City standards. Depending on the fee analysis, the City may or may not currently have sufficient facilities to meet the adopted standard. If the City’s existing facilities are below the standards, then a deficiency exists. In this case, the portion of the cost of planned facilities associated with correcting the deficiency must be satisfied with funding sources other than Development Impact Fees. AB1600 fees can only fund facilities needed to accommodate new development at the adopted standard. Master Plan Method The master plan method is based on a master facilities plan in situations where the needed facilities serve both existing and new development. This approach allocates existing and planned facilities across existing and new development to determine new development’s fair share of the needed facility. This approach is used when it is not possible to differentiate the benefits of new facilities between existing and new development. Planned Facilities Method The planned facilities method calculates the standard based solely on the ratio of planned facilities to the increase in demand associated with new development. This method is appropriate when planned facilities are mostly for the benefit of new development, such as a wastewater trunk line extension to a previously undeveloped area. This method may also be used when there is excess capacity in existing facilities that can accommodate new development. Resolution No. 2023-____ Page 17 25 Development Impact Fee Nexus Study 9 July 2023 City of Moorpark Existing Inventory Method The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available. Resolution No. 2023-____ Page 18 26 Development Impact Fee Nexus Study 10 July 2023 City of Moorpark Section 3 Population and Land Use Assumptions Land Use Types To ensure a reasonable relationship between each fee and the type of development paying the fee, different land use types must be distinguished. The land use categories used in this analysis are defined below. · Single Family Residential (SFR): Detached single-family dwelling units. Includes rural, neighborhood very low, neighborhood low, mobile home, and mixed-use district. · Multi-Family Residential (MFR): Attached residential projects. Includes neighborhood medium density (24 units/acre), mixed-use medium, mixed-use district, and neighborhood high density. · Accessory Dwelling Unit (ADU): A second unit, attached or detached from a single- family home. · Commercial: All commercial, retail, educational, hotel/motel development, and mixed-use development. · Office: All general, professional, and medical office development. · Industrial: All manufacturing and warehouse development. The revised General Plan incorporates office land uses within the industrial park and industrial flex land use categories. For purposes of the Nexus Study, the office and industrial land uses remain to calculate the fees as different assumptions are used for each land use category (i.e., trip generation rates). Fees are calculated for each land use so they may be correctly charged to future development. The projected growth has been allocated between office and industrial at 20 percent office and 80 percent industrial based on the approximate current distribution, the General Plan, and land use trends. Some developments may include more than one land use type, such as an industrial warehouse with living quarters (a live-work designation) or a planned unit development with both single and multi-family uses. In these cases, the fees will be calculated separately for each land use type. Growth Forecasts Growth projections are used as indicators of demand. The City’s existing population and Buildout population projections are critical assumptions used throughout the fee sections that follow in this report. As part of the Moorpark General Plan comprehensive update effort, the City prepared a Buildout Methodology for Calculating Development Capacity document which summarized the methodology used to analyze the potential development capacity of the proposed General Plan Land Use Plan. The Methodology document provided data pertaining to existing conditions, Resolution No. 2023-____ Page 19 27 Development Impact Fee Nexus Study 11 July 2023 City of Moorpark estimates of future development based on the currently adopted General Plan, and a Proposed Land Use Plan that reflects changes to land use designations in the Preferred Plan approved by Council on February 2, 2022. This Development Impact Fee Nexus Study relied on the Buildout Methodology document, the General Plan, and the City’s Housing Element as an accepted source of data for the following: · Existing conditions which reflect the current environment as of 2022. · Estimates of total development through Buildout based on the Land Use Plan projections in the General Plan 2050 (May 3, 2023). · Existing populations (2022) and population projections at Buildout based on persons per household assumptions. · Existing non-residential worker populations and projections of non-residential worker populations at Buildout based on employees per 1,000 square feet assumptions. Table 3-1 identifies the existing service population. Table 3-1: Existing Service Population Table 3-2 shows the estimated service population at Buildout. In calculating the service population, workers are weighted less than residents to reflect lower per capita service demand. Non-residential buildings are typically occupied less intensively than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The 0.37-weighting factor for workers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours). Category Total Persons1 Weighting Factor 2 Service Population Residents 36,395 1.00 36,395 Workers 13,128 0.37 4,857 TOTAL 49,523 41,252 Source: Moorpark Citywide Buildout Methodology Memo (April 22, 2022) and Housing Element. 1 2 Workers are weighted at 0.37 based on a 45 hour work week (8 hours of work and 1 hour for lunch per work day) relative to a resident's time of 123 hours (168 hours per week less 45 work hours). Existing residents based on the Moorpark General Plan Methodology for Calculating Development Capacity Memo (April 22, 2022). Existing workers are from the Moorpark Draft Housing Element 2021-2029 (November 23, 2022). Resolution No. 2023-____ Page 20 28 Development Impact Fee Nexus Study 12 July 2023 City of Moorpark Table 3-2: Estimated Service Population at Buildout Table 3-3 shows the estimated dwelling units and non-residential square feet, existing and at Buildout. Table 3-3: Estimated Buildout Projected New Growth Category Future Persons Total Persons at Buildout1 Weighting Fa ctor2 Future Se rvice Population Service Population at Buildout Residents 14,326 50,721 1.00 14,326 50,721 Workers 4,315 17,443 0.37 1,597 6,454 Total 68,164 15,923 57,175 Source: Moorpark Citywide Buildout Methodology Memo (April 22, 2022). 1 2 Workers are weighted at 0.37 based on a 45 hour work week (8 hours of work and 1 hour for lunch per work day) relative to a resident's time of 123 hours (168 hours per week less 45 work hours). Total future residents at Buildout based on future units and persons per household assumptions. The total differs slightly from the General Plan due to the persons per household factor being applied to single-family and multifamily units for purposes of this analysis instead of the overall average of 3.2 persons per household used in the General Plan. Land Use Existing Development Buildout Development Projected Growth Residential Single Family 1 8,881 9,498 617 Multi-Family 2 2,640 6,648 4,008 TOTAL 11,521 16,146 4,625 Non-Residential Commercial 3 1,752,318 3,942,856 2,190,538 Office 4 723,787 1,313,872 590,085 Industrial 4 4,277,295 6,637,638 2,360,343 TOTAL 6,753,400 11,894,366 5,140,966 Source: Moorpark Citywide Buildout Methodology Memo (April 22, 2022) and City of Moorpark Draft 2021-2029 Housing Element (November 23, 2022). 1 2 3 4 Square Feet Units Multi-Family includes the following land uses: Neighborhood Medium (24 units/acre), Mixed Use Medium (ADUs are not accounted for due to the fact that DIFs are not charged on ADUs less than 750 SF), Mixed Use District, and Neighborhood High. Single Family includes the following land uses: Rural, Neighborhood Very Low, Neighborhood Low, Mobile Home, and Mixed Use Density (8 units/acre). The projected accounts for redevelopment as vacant buildings and underutilized properties have the potential to be redeveloped. Going forward the City will continue to develop to accommodate residential population and non-resident employment growth to meet the California Regional Housing Needs. The projected growth includes the growth anticipated from redevelopment as well as the anticipated Hitch Commercial Buildout Square Footage includes all non-residential square footage proposed in SP1, SP92-1, and SP- D.The revised General Plan incorporates Office land uses within the Industrial Park and Industrial Flex land use categories. The projected growth has been allocated between Office and Industrial approximately 20 percent office and 80 percent industrial based on the approximate current distribution. Resolution No. 2023-____ Page 21 29 Development Impact Fee Nexus Study 13 July 2023 City of Moorpark Occupant Density Occupant densities ensure a reasonable relationship between the increase in service population and the amount of the fee. Developers pay the fee based on the square footage of additional housing units or building square feet of non-residential development, so the fee schedule must convert service population estimates to these measurements of project size. This conversion is done using the average occupant density factors by land use type shown in Table 3-4. The residential density factors were derived from the US Census American Community Survey and proportionally updated based on the average persons per household factor of 3.2 in the General Plan. The non- residential densities were derived from the City’s Buildout Methodology document with slight adjustments made to office and industrial based on industry standards. Table 3-4: Persons per Household & Employment Density Average Unit Sizes To meet AB602 requirement five (5), this Nexus Study calculated the average unit size for single family residential and multifamily units based on the estimated average size of planned new development within each land use category in the City. The average unit size is based on the livable square footage of the residential unit for all residential land uses. Land Use Residential 1 Single Family 3.60 Residents per dwelling unit Multi-Family 2.80 Residents per dwelling unit Non-Residential 2 Commercial 1.00 Employees per 1,000 building square feet Office 2.00 Employees per 1,000 building square feet Industrial 0.40 Employees per 1,000 building square feet Source: U.S. Census Bureau, American Community Survey and Moorpark General Plan (May 3, 2023). 1 2 Ex trapolated from American Community Survey 2020 5-Year Estimates: Table B25032 & B25033 and updated based on the average of 3.2 persons per household in the City of Moorpark General Plan 2050 (May 3, 2023). Based on Moorpark General Plan Methodology for Calculating Development Capacity Memo (April 22, 2022) and adjusted based on industry standards. Resolution No. 2023-____ Page 22 30 Development Impact Fee Nexus Study 14 July 2023 City of Moorpark Basing the average unit size on livable square footage for all residential units is not only consistent with industry standard for fee calculations, it provides a strong nexus between the impact of the unit and the fee amount. A good example of this industry standard are school fees in California. In California school fees are based on assessable space, which means a quantity equal to the area (expressed in square feet) within the perimeter of a residential structure, not including the carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar structure. To accurately capture the impact of a residential project on capital facilities, for the high-density residential projects, the communal spaces (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Areas that contain employees and are accessible by the public (i.e., leasing office) will be charged impact fees according to use. The non-residential area accessible by the public will be based on the useable size. This captures the additional impact these facilities will have on the facilities in the City. Table 3-5 summarizes the estimated average size of planned new development within each residential land use category utilized for this study, based on the Hitch Ranch Development Project. Table 3-5: Residential Land Use Average Unit Size The City will monitor the average size of housing units in the City based on new developments on an annual basis and if the size of units on average are significantly different than anticipated, the fees will be updated as part of the annual update to reflect this change in order to ensure the fee program does not fall short. Land Use Unit Size (SF) Residential Single Family 2,500 Multi-Family 1,400 Note: Densities calculated using the Conceptual Product Breakdown of the Hitch Ranch Planning Design Book and averaging the home sizes within the respective land use categories. Resolution No. 2023-____ Page 23 31 Development Impact Fee Nexus Study 15 July 2023 City of Moorpark Section 4 Library Fee Background This section presents an analysis of the City’s Library Fee. The City currently has a Library Fee and this Nexus Study presents the methodology to update the Library Fee. The Library Fee covers the costs to mitigate the impacts of new development on the City’s library facilities. New development in the fee program area will pay a library impact fee at building permit issuance for the facility project described in this section. The Library Fee is based on the planned facilities associated with new development. Current Facilities The City currently operates a 7,800 square feet (SF) library, located at 699 Moorpark Avenue. The library offers a variety of programs for children, youth, and adults, with programs and events planned throughout the week. Planned Facilities The City plans to construct a new 17,500 SF library facility on the north side of High Street, as part of the Civic Center Master Plan which includes a new city hall development north of the new library site. The City intends to demolish the existing library once the new library is constructed. The current library standard is 0.5 square feet per capita, which was used as the basis for the size of the new 17,500 SF library facility to serve the existing service population. The City plans to expand the library to 22,000 SF to address the needs of the population at Buildout and serve new development. Therefore, new development must fund the cost for the additional 4,500 SF of library expansion. Per City Staff, the construction cost for the new 17,500 SF library facility, is estimated to cost $30,000,000. Table 4-1 presents the new library cost and size. Table 4-1: New Library Cost and Size Fee Methodology The Library Fee is calculated using the planned facilities method. The planned facilities method calculates the standard based on the planned facilities associated with new development. Because the new library at 17,500 SF is sized to serve the existing population, new development will not contribute to the costs of constructing the 17,500 SF library. New development is responsible for Facility Amount Moorpark New Library Cost 1 $30,000,000 New Library Size (SF)17,500 1 Projected cost provided by the City Staff and includes utilities and soft costs, excludes land value. Resolution No. 2023-____ Page 24 32 Development Impact Fee Nexus Study 16 July 2023 City of Moorpark the costs attributable to the 4,500 SF future library expansion project. Due to the future nature of the expansion project, cost per SF of library space is estimated using the cost estimate per SF for the new library facility as shown in Table 4-2. Table 4-2: Cost per SF for Library Space Using the cost per SF of library space and the 4,500 SF needed to serve future population growth, the cost per capita is calculated in Table 4-3. Table 4-3: Cost per Capita for Library Space Fee Summary The Library Fee per Capita in Table 4-3 is distributed across the various land uses by multiplying the cost per capita by the average number of residents/workers per unit type (density). The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For each residential land use, the fee per unit is then converted to a fee per square foot by dividing the cost per unit by the estimated average unit size for each land use. The total fee includes a five percent (5%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 4-4 summarizes this calculation. Table 4-4: Library Fee Summary Library Facility Cost per SF Value New Moorpark Library Cost 1 $30,000,000 New Moorpark Library Size (SF)17,500 Cost per SF for Library Space $1,714.29 1 Projected cost provided by the City Staff and includes utilities and soft costs, excludes land value. Future Users Library Expansion Library Expansion Square Feet 1 4,500 Cost per SF for Library Space $1,714.29 Cost of Library Expansion Attributable to Future Population $7,714,305 Future Service Population Growth (Capita)15,923 Cost per Capita $484.48 1 Expanded library square footage needed at buildout provided by City staff. Land Use Cost Per Capita Density Subtotal Fee Administration Fee Total Fee Average Unit Size (SF) Total Fee per SF (Rounded) Residential (Fee per Unit)(Fee per SF) Single Family $484.48 3.60 $1,744.13 $87.21 $1,831.34 2,500 $0.73 Multi-Family $484.48 2.80 $1,356.54 $67.83 $1,424.37 1,400 $1.02 Non-Residential (Fee per 1,000 SF) Commercial $179.26 1.00 $179.26 $8.96 $188.22 Office $179.26 2.00 $358.52 $17.93 $376.45 Industrial $179.26 0.40 $71.70 $3.59 $75.29 1 Density factor used for non-residential is based upon number of employees per 1,000 Building SF. Resolution No. 2023-____ Page 25 33 Development Impact Fee Nexus Study 17 July 2023 City of Moorpark Revenue Projections Table 4-5 summarizes the anticipated revenue collection from the Library Fee. The revenue will be available to fund the 4,500 SF library expansion. Table 4-5: Anticipated Library Fee Collection at Buildout Nexus Requirement Summary The Library Fee component of the DIF meets the Mitigation Fee Act Requirements, as described in this section. Requirement 1: Identify the purpose of the fee. The purpose of the Library Fee is to fund new development’s share of the future library facility that is needed to serve the new population growth. Each new resident and worker creates a demand for additional library facilities. In order to accommodate these needs, an expansion to the new library will be built as outlined in the Civic Center Master Plan. Requirement 2: Identify the use of the fee. The Library Fee will be used to fund the expansion of the library facility in order to meet the needs generated by new development. The City plans to construct a new 17,500 sq ft. library facility on the north side of High Street. As part of the Civic Center Master Plan, the library will be further expanded to 22,000 SF to meet the needs of the population at Buildout. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF)(Fee per SF) Single Family $0.70 569 1,422,500 $995,750 Multi-Family $0.97 4,385 6,139,000 $5,954,830 Non-Residential (Fee per 1,000 SF)(Fee per 1,000 SF) Commercial $179.26 n/a 2,190,538 $392,676 Office $358.52 n/a 590,085 $211,557 Industrial $71.70 n/a 2,360,343 $169,237 Total $7,724,050 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Resolution No. 2023-____ Page 26 34 Development Impact Fee Nexus Study 18 July 2023 City of Moorpark Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. The fee will be used to fund the expansion of the library facility necessary to serve the increased residents and workers generated by new development. The Library Fee is calculated using the planned facilities method and is based on the number of new residents or workers that are generated by each type of new development. New development is responsible for paying its fair share of the new library facility. Table 4-3 calculates the cost per capita for library facilities. The cost per capita is then allocated to each development type based on the estimated persons per household and employees per 1,000 square feet. Workers are weighted at a lower weight than residents to reflect their lesser impact on the facilities. Table 4-4 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non- residential. Spreading the fee based on the new residents or workers generated by each land use ensures a reasonable relationship between the fees use and the type of development project. Requirement 4: 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. Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new library facilities. The Library Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. This relationship is calculated in Table 4-4. Requirement 5: 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 to the development on which the fee is imposed. The Library Fee will fund the planned library expansion project that is required to serve the new development in the City. The cost of the planned library expansion has been estimated and apportioned to future users. The Library Fee is calculated by taking the estimated library cost for the 4,500 SF library expansion project divided by the number of future service population for a future service population growth cost per capita, as shown in Table 4-3. The cost is spread to each land use based on the number of new resident equivalents that the land use will generate calculated as a DUE factor as shown in Table 4-4. By spreading the fee based on the DUE factor, each new development is only paying for their fair share of the required facilities since the need for the facilities directly correlates to the addition of new residents and workers. Resolution No. 2023-____ Page 27 35 Development Impact Fee Nexus Study 19 July 2023 City of Moorpark Section 5 Park & Recreation Fee Background This section presents an analysis of the need for additional park and recreation facilities to accommodate new development in the City and the fees that are necessary in order to ensure that new development provides adequate funding to meet those needs. This Nexus Study updates the methodology of the existing Park Facilities Fee. The City classifies park facilities into six categories per the City’s Parks and Recreation Master Plan (Parks Master Plan), prepared by MIG in April 2009: Mini Parks (localized parks with maximum size of 2.5 acres), Neighborhood Parks (range from 2.5 to 16 acres), Community Parks (16 acres or more), Regional Parks (exceeds 50 acres), Special Use Areas (specialized recreation facilities), and Linear Parks (follow linear corridors such as rivers, creeks, abandoned railway right-of-way, canals, power lines). This study will consider Mini Parks, Neighborhood Parks, Community Parks, and Recreational Facilities. Recreation Facilities can include community centers, active adult centers, aquatic facilities, and other recreation facilities. For this Nexus Study, recreation facilities include a community center and active adult center as a component of this fee. City Hall and Library are included under separate fees. Residential development in the City will pay the Park and Recreation Fee at building permit issuance. The park cost was estimated based on the existing City standard of 5 acres per 1,000 persons. The recreation portion of the fee is based on the existing inventory method. The Park and Recreation Fee is for park and recreation facility development cost only and does not include parkland acquisition costs. Parkland acquisition under the Quimby Act requires developers to either dedicate land to satisfy their parkland requirement or pay an in-lieu fee. The in-lieu fee is dependent upon appraised land cost and thus, the amount should be agreed upon between the City and the developer when the land dedication is triggered. The City has an existing Quimby in-lieu fee. Table 5-1 identifies the current recreation facilities inventory that serves the existing service population. The existing recreation facilities include the Arroyo Vista Recreation Center and the Active Adult Center. The Arroyo Vista Recreation Center offers a variety of recreational programs for all ages and includes: sports, programs for seniors, community events, teen events, camps and more. The facility can also be rented for private parties. The City’s Active Adult Center provides ongoing programs and services, as well as special activities, for individuals 55 years of age or older. Resolution No. 2023-____ Page 28 36 Development Impact Fee Nexus Study 20 July 2023 City of Moorpark Table 5-1: Recreational Facility Inventory Current Level of Service Per the City’s Existing Conditions Report (December 2020), the City has a total of 188 acres of developed parkland and based on a population of approximately 37,000, there are 5.1 acres of existing parkland per 1,000 people. Furthermore, according to the City of Moorpark General Plan 2050 (May 3, 2023), the City has approximately 4.3 acres of park land per 1,000 people. Combined with the Moorpark Golf Course, a private course, the city exceeds its goal of having, in aggregate, 5.0 acres of parkland per 1,000 people citywide. Thus, the current parkland exceeds the standard of 5 acres per 1,000 people on a citywide level. Planned Level of Service The City has established a goal for parks at 5 acres of parkland per 1,000 people, per the Parks Master Plan and City General Plan. The City is currently meeting this goal and therefore, this Analysis is based on the existing City standard of 5 acres per 1,000 people. The recreation component of the fee is based on the existing level of service cost per capita for recreation facilities in the City. Parkland AB1191, also known as the Quimby Act, was established by the California State Legislature in 1965 and codified as California Government Code Section 66477. The Quimby Act outlines the requirements for imposing fees for park purposes with a minimum of three (3) acres and a maximum of five (5) acres of green space per 1,000 residents. The Quimby Act allows the legislative body of a city or county, by ordinance, to require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative tract map or parcel map. Currently the City imposes a Residential Quimby Park Fee based on 5 acres per 1,000 persons or the payment of an in-lieu fee. The formula is based on a dwelling unit factor (currently 3.22), the parkland dedication requirement (currently 5 acres per 1,000 persons) and the fair market value per acre (varies per development). Service Population The Parks and Recreation Fee is not applied to non-residential development because workers typically do not use park and recreation facilities. Recreation Facility SF Value Active Adult Center 12,713 3,779,691$ Arroyo Vista Recreation Center 29,546 8,851,861$ Total Recreation Facilities 42,259 12,631,552$ Resolution No. 2023-____ Page 29 37 Development Impact Fee Nexus Study 21 July 2023 City of Moorpark Fee Methodology The park portion of the fee is based on the facility standards method. This method determines the facilities and associated costs required to accommodate growth based on adopted City standards. Using this approach for parks, new development funds the expansion of facilities at the adopted General Plan standard for the City. Table 5-2 identifies the park cost per capita based on the General Plan standard of 5.0 acres per 1,000 residents. The total park development cost was calculated using the cost per acre of park development for a typical 5-acre neighborhood park estimated in neighboring City of Camarillo’s Pleasant Valley Recreation & Park District Impact Fee Nexus Study (April 2021) Appendix A and indexed using ENR CCI for Los Angeles. Fee revenues may be used to construct park improvements and facilities on land dedicated by developers in accordance with the City’s Quimby Ordinance or though land purchased through the payment of the in-lieu Quimby Fee. The recreation portion of the fee is based on the existing inventory method. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. Table 5- 3 identifies the existing level of service of recreation facilities for the City’s current service population. As described in more detail in Chapter 9, the City may provide fee credits or reimbursements to developers who construct eligible facilities. Table 5-2: Park Facility Cost per Resident Park Development Cost Value Park Development Cost (per Acre)1 $553,001 Required Acres/1,000 Residents2 5.00 Park Development Cost per 1,000 Residents $2,765,005 Total Park Cost per Capita $2,765.01 1 2 Based on the General Plan level of service. Park Development Cost estimate uses Pleasant Valley Recreation & Park District (City of Camarillo) average development cost per acre amount ($484,000) identified in the Pleasant Valley Recreation and Park District Park Impact Fee Nexus Study, April 2021 (Appendix A). The cost estimate is adjusted to ENR CCI for Los Angeles Region (April 2021 - 12139.56, March 2022 - 13870.23). Resolution No. 2023-____ Page 30 38 Development Impact Fee Nexus Study 22 July 2023 City of Moorpark Table 5-3: Existing Recreation Facility Level of Service Fee Summary The Park and Recreation Fee per unit is calculated by multiplying the cost per capita by the average number of residents per unit type (density). The fee per unit must then be converted to a fee per square foot by taking the cost per unit and dividing by the estimated average unit size for each land use. The total fee includes a five percent (5%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. These calculations are shown in Table 5-4. Table 5-4: Parks Fee Cost Summary Revenue Projections Table 5-5 summarizes the anticipated Park & Recreation Fee revenue. The revenue will be available to expand the City’s park and recreation facilities to meet the needs of new residents. Based on the population estimates in this Nexus Study and using the City General Plan standard of 5 acres per 1,000 residents parks, it is anticipated that approximately 60 additional acres of parks are needed to meet the needs at Buildout of the City. The City has recently embarked on a comprehensive update of the 2009 Parks and Recreation Master Plan. When complete, the update will address needs of aging park and recreation infrastructure and new facilities and amenities, including prioritization of needs and estimated costs to implement recommendations. Recreation Facility Value Recreation Square Footage 42,259 Recreation Facility Value $12,631,552 Existing Service Population 36,395 Total Existing Level of Service per 1,000 Residents (SF)1,161.12 Total Existing Level of Service per Capita (Cost)$347.07 1 Recreation Facility size and value based on the CJPIA Property Schedule (prepared by Alliant Insurance Services, Inc.), dated March 24, 2022. Increased to March 2023 dollars by ENR BCI for Los Angeles Region (March 2022 to March 2023). Land Use Park Facilities Cost Per Capita Recreation Cost Per Capita Density Park & Recreation Fee Per Unit Administration Fee Per Unit 1 Total Fee Pe r Unit (Rounded) Average Unit Size (SF) Total Fee per SF (Rounded) Residential Single Family $2,765.01 $347.07 3.60 $11,203.48 $560.17 $11,763.65 2,500 $4.71 Multi-Family $2,765.01 $347.07 2.80 $8,713.82 $435.69 $9,149.51 1,400 $6.54 1 An administrative fee of 5% is included for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. Resolution No. 2023-____ Page 31 39 Development Impact Fee Nexus Study 23 July 2023 City of Moorpark Table 5-5: Parks Fee Estimated Revenue at Buildout Nexus Requirement Summary The Park and Recreation Fee component of the DIF meets the Mitigation Fee Act Requirements, as described in this section. Requirement 1: Identify the purpose of the fee. The purpose of the Park and Recreation Fee is to fund the park and recreation needs generated by new development in the City. Each new resident creates a demand for additional neighborhood parks, mini parks, community parks, and recreation facilities. The City’s adopted standard is to provide five acres of parkland for each 1,000 residents. In order to accommodate these needs, new parks and recreation facilities will be built and/or existing parks and recreation facilities will be expanded. Table 5-2 calculates the parks cost per capita based on the City standard for parks and the estimated construction cost. Table 5-3 calculates the cost per capita for recreation facilities based on the City’s existing level of service. The City is completing an update to their Parks and Recreation Master Plan which will include the parks and recreation facilities needed to meet the needs of the future population. Requirement 2: Identify the use of the fee. The Park and Recreation Fee will be used to fund new park development in order to meet the City’s General Plan and Park Master Plan standards discussed in this chapter. The Fee will also fund new recreation facilities in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Table 5-5. It is anticipated that the comprehensive update to the City’s Parks and Recreation Master Plan will include recommended capital improvement projects to meet the park and recreation needs of new development. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF) Single Family $4.49 569 1,422,500 $6,387,025 Multi-Family $6.23 4,385 6,139,000 $38,245,970 Total 4,954 7,561,500 $44,632,995 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Resolution No. 2023-____ Page 32 40 Development Impact Fee Nexus Study 24 July 2023 City of Moorpark Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. The fee will be used to fund new neighborhood, mini and community parks, as well as, recreation facilities that are necessary to serve the increased residents in the City. New residential development generates additional residents which increases the demand for park and recreation facilities. The parks portion of the Parks and Recreation Fee is calculated using the City’s General Plan standard of five (5) acres of park per 1,000 residents. Residential development is responsible for paying its fair share to maintain the City’s standard. Non-residential uses do not pay the fee since they do not generate additional residents and workers have minimal impact on the City’s park system. The recreation portion of the fee is based on the existing inventory method. The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. Table 5-3 identifies the existing level of service of recreation facilities for the existing service population in the City. Table 5-2 and Table 5-3 calculates the cost per capita for each of the fee components. The cost per capita is then allocated to each development type based on the estimated persons per household. Table 5-4 then calculates the cost per square foot for the residential units based on the estimated average unit size. By basing the fee on the size of the unit and the estimated number of new residents that is anticipated to be generated by the addition of that square footage, the fee is directly correlated to the increased need for new parks and recreation. Requirement 4: 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. Each new residential development is anticipated to generate new residents. The addition of new residents creates the need for new neighborhood, mini and community parks to maintain the City’s General Plan park standard of five (5) acres per 1,000 residents and the need for additional recreation facilities to maintain the City’s existing level of service. The fee is directly correlated to the number of new residents expected to be generated by each type of development. Non- residential development does not pay for parks as non-residential developments do not generate a significant demand for park facilities. Residential development pays its fair share based on the estimated persons the new unit is expected to generate. Resolution No. 2023-____ Page 33 41 Development Impact Fee Nexus Study 25 July 2023 City of Moorpark Requirement 5: 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 to the development on which the fee is imposed. As new residential units are constructed, new park facilities are necessary to maintain the City’s General Plan standard of five (5) acres per 1,000 residents and new recreation facilities are needed to meet the City’s existing level of service for recreation facilities. The park fee portion is calculated by taking the cost per acre of park times five acres of parks per 1,000 residents and then dividing that by 1,000 to determine the cost per capita, as shown in Table 5-2. Table 5-3 identifies cost per capita for the recreation portion of the fee using the existing recreation value provided per existing residents. The costs per capita are then spread to each residential land use based on the persons per household each unit is expected to generate, as shown in Table 5-4. Since the need for park land is based on the number of new residents, calculating the fee based on the number of persons each unit is expected to generate ensures that each new residential unit is paying only its fair share of the required facilities. By spreading the fees based on the estimated new residents that would be generated, each new residential unit is paying only its fair share of the facilities required to maintain the City’s General Plan Standard and existing level of service. Non-residential land uses do not have a park fee as non-residential development will not generate an increase in park facility demand. Resolution No. 2023-____ Page 34 42 Development Impact Fee Nexus Study 26 July 2023 City of Moorpark Section 6 City Hall Improvement Fee Background This section presents an analysis of the City’s City Hall Improvement Fee. The City does not currently collect a City Hall Improvement Fee but is anticipating that a new City Hall and Civic Center Complex project will be constructed in the future. This Nexus Study is providing this analysis as a suggested fee to include with this update to assist with funding the estimated $45 million dollar City Hall and Civic Center Complex Project. The City does currently have a City Improvement Fund and the funds come from developers through agreements. Funds are used for the purpose of building a new Civic Center Complex, this includes acquisition of property and design and construction of a city hall and civic center complex on the northwest corner of Moorpark Avenue and High Street. It also funds design expenses, engineering, construction, and associated administrative expenses. This analysis proposes a City Hall Improvement Fee to define the methodology for new development to mitigate their fair share of the cost of the new city hall. Per the Civic Center Master Plan, the overall project encompasses approximately 12.9 acres in the central, downtown area of the City. The project site is located west of Moorpark Avenue/Walnut Canyon Road (State Route 23). Portions of the project site are located on the north and south sides of West High Street. The project site currently contains a mix of land uses associated with the existing Civic Center, including city hall, a community center/active adult center, a city library, portable structures, parking areas, and vacant undeveloped areas within the western portion of the project site. During the first phase of the project, the existing community center would remain as an active adult center. The existing library will be removed at the end of this phase once the new library facility is constructed. During the fourth phase, a new 22,000 square feet city hall and mercado would be constructed. The City Hall Improvement Fee provides the fair-share funding from new development to mitigate the effects of new development on the City’s city hall facilities. Current Level of Service Currently, the city hall is located at 799 Moorpark Avenue, consisting of a 5,085 square foot building on a shared campus which houses city hall, a community center/active adult center, a city library, portable structures, parking areas, and vacant undeveloped areas. Planned Level of Service The proposed city hall will provide 22,000 square feet of new construction for the administration services of the City of Moorpark, including City Council, associated departments, and employees. The city hall portion of the project is estimated to cost $45,000,000 plus $1,899,880 in design cost. Table 6-1 calculates the fair share allocation of future costs associated with the proposed city hall. Resolution No. 2023-____ Page 35 43 Development Impact Fee Nexus Study 27 July 2023 City of Moorpark Table 6-1: City Hall Facility Inventory & Level of Service Fee Methodology The City Hall Facilities Fee is calculated using the planned facilities methodology. The planned facilities method calculates the standard based on the planned facilities associated with new development. This method may also be used when there is excess capacity in existing facilities that can accommodate new development. The estimated cost for the new City Hall and Civic Center Complex is $1,899,880 in design cost and $45,000,000 in construction costs. The new complex is still in the planning phase and construction is anticipated to begin in approximately 20 years. Fee Summary The City Hall Improvement Fee per capita in Table 6-1 is distributed across the various land uses by multiplying the cost per capita by the average number of residents/workers per unit type (density). The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For each residential land use, the fee per unit is converted to a fee per square foot by dividing the cost per unit by the estimated average unit size for each land use. The total fee includes a five percent (5%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 6-2 summarizes this calculation. Facility Amount Moorpark Future City Hall Cost 1 $46,899,880 Fair Share Allocation Total Future Service Population Growth 15,923 Total Buildout Service Population 57,175 Future Growth Fair Share Allocation 28% Future Growth Fair Share Cost $13,061,422 Total per Capita (Cost)$820.29 Source: 1 Construction cost estimate is provided by the City based on project cost of the new library (12/8/22). Anticipated construction is still far in advance (20+ years). Includes design cost of $1,899,880. Resolution No. 2023-____ Page 36 44 Development Impact Fee Nexus Study 28 July 2023 City of Moorpark Table 6-2: City Hall Improvement Fee Summary Revenue Projections Table 6-3 summarizes the anticipated fee revenue. The revenue will be available to expand the City’s city hall facilities to meet the needs of new residents in the City. Table 6-3: Anticipated City Hall Improvement Fee Revenues at Buildout Nexus Requirement Summary The City Hall Improvement Fee component of the DIF meets the Mitigation Fee Act Requirements, as described in this section. Requirement 1: Identify the purpose of the fee. The purpose of the City Hall Improvement Fee is to fund new development's fair share of the new city hall. Each new resident and worker create a demand for additional city hall facilities. Land Use Cost Per Capita Density 1 Subtotal Fe e Administration Fee Total Fee (Rounded) Average Unit Size (SF) Total Fee per SF (Rounded) Residential (Fee per Unit)(Fee per SF) Single Family $820.29 3.60 $2,953.03 $147.65 $3,100.68 2,500 $1.24 Multi-Family $820.29 2.80 $2,296.80 $114.84 $2,411.64 1,400 $1.72 Non-Residential (Fee per 1,000 SF) Commercial $303.51 1.00 $303.51 $15.18 $318.69 Office $303.51 2.00 $607.01 $30.35 $637.36 Industrial $303.51 0.40 $121.40 $6.07 $127.47 1 Density factor used for non-residential is based upon number of employees per 1,000 Building SF. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF)(Fee per SF) Single Family $1.18 569 1,422,500 $1,678,550 Multi-Family $1.64 4,385 6,139,000 $10,067,960 Non-Residential (Fee per 1,000 SF)(Fee per 1,000 SF) Commercial $303.51 n/a 2,190,538 $664,841 Office $607.01 n/a 590,085 $358,189 Industrial $121.40 n/a 2,360,343 $286,551 Total $13,056,091 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Resolution No. 2023-____ Page 37 45 Development Impact Fee Nexus Study 29 July 2023 City of Moorpark Requirement 2: Identify the use of the fee. The City Hall Improvement Fee will be used to fund the new city hall facility that is needed for the administration of the City, including City Council, associated departments, and employees. Table 6-1 shows the anticipated cost of the new city hall, as well as the fair-share portion attributable to new development. The gap in funding for the new city hall facility will be provided from other funding sources that will be identified by the City as the project moves forward. Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. The fee will be used to fund new city hall facilities that are necessary to serve new development in the City. New residential and non-residential development will generate additional residents and employees who will increase the demand for additional general government services and personnel. The new city hall will replace the existing city hall and accordingly will continue to serve the existing service population. Therefore, the contribution from new development is based on the existing service population compared to the future service population. Table 6-1 calculates the cost per capita. The cost per capita is then allocated to each development type based on the estimated persons per household and employees per 1,000 square feet. Table 6-2 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential. Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project. Requirement 4: 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. Each new residential development is anticipated to generate housing for new residents. Non- residential development is anticipated to create places for new workers to be employed. The addition of these new residents and workers directly creates the need for increased city services which are administered from the city hall. The City Hall Improvement Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. This relationship is calculated in Table 6-2. Requirement 5: 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 to the development on which the fee is imposed. The City Hall Improvement Fee will fund the planned city hall that is required to serve the new development in the City. The costs of the planned city hall facility have been apportioned between existing and future users, as shown in Table 6-1. Resolution No. 2023-____ Page 38 46 Development Impact Fee Nexus Study 30 July 2023 City of Moorpark The City Hall Improvement Fee is calculated by taking the total city hall cost and multiplying the percent attributed to the future service population. The cost allocation is divided by the number of future service population for a future service population growth cost per capita. The cost is spread to each land use based on the number of new resident equivalents that the land use will generate calculated as a DUE factor as shown in Table 6-2. By spreading the fee based on the DUE factor, each new development is only paying for their fair share of the required facilities since the need for the facilities directly correlates to the addition of new residents and workers. Resolution No. 2023-____ Page 39 47 Development Impact Fee Nexus Study 31 July 2023 City of Moorpark Section 7 Police Facilities Fee Background This section presents an analysis of the City’s Police Facilities Fee. The Police Facilities Fee provides funding for police facilities, equipment, and vehicles as a result of increased demand for police services arising from new development. The City began collecting a Police Facilities Fee with the adoption of Ordinance No. 9 in October 1983. During April 1995, Ordinance No. 9 was replaced with Ordinance No. 206 which is codified in Moorpark Municipal Code Sections 3.36.080 through 3.36.140. Resolution No. 95-1112, established the Police Facilities Fee. City Council Resolution 2018-3692 updated the Police Facilities Fee. This Nexus Study updates the methodology and amount of the Police Facilities Fee. In 2005, Moorpark completed the Moorpark Police Service Center (MPSC). Construction costs for the MPSC were paid out of the City’s Endowment Fund and a portion of the costs were considered an Interfund Loan from the Endowment Fund, which was to be paid with revenue collected from the Police Facilities Fee. Police Facilities Fee funding has been applied to the outstanding debt service as well as any additional expansions, vehicles and equipment that may be necessary to serve new development. Current Level of Service The Police Services Center, completed in 2005, is a 27,600 square feet facility with a 900 square foot wash shelter constructed at a total cost of $18,442,786 in March 2018 dollars. The facility is expected to serve the City’s needs at Buildout. The current value is shown below on Table 7-1. Table 7-1 also shows the City’s current police inventory of police vehicles and equipment. The current value is divided by the existing service population to establish the existing level of service per capita. Resolution No. 2023-____ Page 40 48 Development Impact Fee Nexus Study 32 July 2023 City of Moorpark Table 7-1: Existing Police Facilities Level of Service Planned Level of Service The City plans to maintain the current level of service, as shown on Table 7-1, with appropriate participation from new development. Fee Methodology The Police Facilities Fee is calculated based on the cost of the existing level of service provided to the current population. The MPSC was sized to serve Buildout development and therefore new development will fund its fair share of the cost of that facility plus funding for future equipment needed. The escalated cost of the MPSC is divided by the Buildout service population and added to the existing equipment value divided by the existing population to calculate the level of service cost per capita. The cost of vehicles and equipment is based on the existing inventory method, Facility SF Value Police Services Center 1, 2 27,600 $21,431,765 Police Services Center Wash Shelter 1 900 $57,750 Facility Subtotal 28,500 $21,489,515 Buildout Service Population 57,175 Total Facility Buildout Level of Service per Capita (Cost) $375.86 Equipment3 Value 2009 Segway I2 Base Model $1,950 2009 Segway I2 Base Model $1,950 2010 Harley Davidson FLHTP Electra Glide $6,600 2012 BMW R1200TP $19,500 2016 Harley Davidson FLFLHTP $22,409 2016 Harley Davidson FLFLHTP $22,409 2018 Harley Davidson FLFLHTP $19,276 2019 Chevrolet Equinox $19,681 2019 Chevrolet Equinox $19,681 Equipment Subtotal $133,456 Existing Service Population 41,252 Total Existing Equipment Level of Service per Capita (Cost) $3.24 Total Level of Service per Capita (Cost)$379.09 Source: 1 Property size from City of Moorpark CJPIA Property Schedule (March 24, 2022). 2 3 Equipment list from City of Moorpark 2022 0324 Vehicle Schedule, vehicles older than 15 years were excluded. Values increased to March 2023 dollars by ENR BCI for Los Angeles Region (March 2022 to March 2023). Value from March 21, 2018 Agenda Report Public Hearing to Consider Resolution Updating the Police Facilities Fee, brought forward to 2023 dollars via ENR CCI. Resolution No. 2023-____ Page 41 49 Development Impact Fee Nexus Study 33 July 2023 City of Moorpark which uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. Fee Summary The Police Facility Fee per unit is calculated by multiplying the cost per capita by the average number of resident equivalents per unit type (density). The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must then be converted to a fee per square foot for each unit type by dividing by the average size of each unit. The total fee includes a five percent (5%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 7-2 summarizes these calculations. Table 7-2: Police Facilities Fee Revenue Projections Table 7-3 summarizes the anticipated Police Facilities Fees. The revenue will be applied to the outstanding debt for the MPSC and future equipment to meet the needs of new development. Land Use Cost Per Capita Density 1 Subtotal Fe e Administration Fee Total Fee (Rounded) Average Unit Size (SF) Total Fee per SF (Rounded) Residential (Fee per Unit)(Fee per SF) Single Family $379.09 3.60 $1,364.72 $68.24 $1,432.96 2,500 $0.57 Multi-Family $379.09 2.80 $1,061.45 $53.07 $1,114.52 1,400 $0.80 Non-Residential (Fee per 1,000 SF) Commercial $140.26 1.00 $140.26 $7.01 $147.27 Office $140.26 2.00 $280.53 $14.03 $294.56 Industrial $140.26 0.40 $56.11 $2.81 $58.92 1 Density factor used for non-residential is based upon number of employees per 1,000 Building SF. Resolution No. 2023-____ Page 42 50 Development Impact Fee Nexus Study 34 July 2023 City of Moorpark Table 7-3: Anticipated Police Facilities Fee Collection at Buildout Nexus Requirement Summary The Police Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section. Requirement 1: Identify the purpose of the fee. The purpose of the Police Facilities Fee is to fund new development’s fair-share portion of new police facilities, such as the outstanding debt incurred when constructing the MPSC and new police vehicles and officer equipment required for the additional police officers that are necessary to mitigate the impacts of new development. Requirement 2: Identify the use of the fee. The Police Facilities Fee will be used to fund new development’s fair-share portion of the police facilities, which include paying off the debt owed on the MPSC as well as new vehicles and equipment required to serve new development. Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. New residential and non-residential development will generate additional residents and employees who will increase the demand for additional police services and personnel and subsequently the need for additional police facilities and equipment required to maintain the existing level of service. The police fees are calculated using the existing inventory method for vehicles and equipment and a buy-in to the existing MPSC facility. The existing inventory method uses the facility standard based on the ratio of existing vehicles and equipment to the existing service population. Under this approach, new development funds the cost of additional facilities or Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per SF) Single Family $0.54 569 1,422,500 $768,150 Multi-Family $0.76 4,385 6,139,000 $4,665,640 Non-Residential (Fee per 1,000 SF) Commercial $140.26 n/a 2,190,538 $307,252 Office $280.53 n/a 590,085 $165,535 Industrial $56.11 n/a 2,360,343 $132,428 Total $6,039,005 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Resolution No. 2023-____ Page 43 51 Development Impact Fee Nexus Study 35 July 2023 City of Moorpark vehicles and equipment at the same standard currently serving existing development. For the buy- in to the existing MPSC, new development’s fair share is calculated based on the current cost of the facility divided by the buildout service population. Under this approach, since the MPSC is sized to serve Buildout, the cost is spread to the Buildout service population. Residential and non- residential development will be responsible for their fair share portion of the total cost based on the weighted service population assigned to each individual land use as shown in Table 7-2. Requirement 4: 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. Each new residential development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new police facilities, vehicles, and equipment. The Police Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact. The Police Facilities Fee will be used to repay the cost for the existing MPSC, thus ensuring new developments fair share of the facility. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. This relationship is calculated in Table 7-2. Requirement 5: 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 to the development on which the fee is imposed. The Police Facilities Fee funds new development’s fair share of the existing MPSC and additional police vehicles and equipment that is required to serve the new development in the City. The current cost of the existing MSPC facility has been apportioned to the buildout service population, as shown in Table 7-1. The cost per capita is spread to each land use based on the number of new resident equivalents that the land use will generate calculated as a DUE factor as shown in Table 7-2. By spreading the fee based on the DUE factor, each new development is only paying for their fair share of the required facilities since the need for the facilities directly correlates to the addition of new residents and workers. Resolution No. 2023-____ Page 44 52 Development Impact Fee Nexus Study 36 July 2023 City of Moorpark Section 8 Citywide Transportation Fee Background This section presents an analysis of the Citywide Transportation Fee. The proposed Citywide Transportation Fee covers the costs to mitigate the impacts of new development on the City’s traffic facilities. The fees listed below are charged on new development within the City of Moorpark that covers transportation projects that were in part or fully attributable to new development when created: · Transportation/Traffic System Management · Citywide Traffic Mitigation · Los Angeles Avenue Area of Contribution · Tierra Rejada Road/Spring Road Area of Contribution The new transportation fee proposes to merge the four fees above into one single fee. The proposed single Citywide Transportation Fee takes into account the full fund balance of the Los Angeles Avenue Area of Contribution (Fund 2014) and the Tierra Rejada Road/Spring Road Area of Contribution (Fund 2015) and a portion of the fund balance from the Transportation/Traffic System Management Fund (Fund 2001) and the Citywide Traffic Mitigation (Fund 2002) that contribute to the identified transportation facility projects identified in Table 8-1. The new Transportation Fee will establish a separate capital facilities fund to avoid any commingling of transportation fees with other revenues and funds. The City is combining several existing Transportation Fees into one new fee as part of this fee update. The Mitigation Fee Act requires that fees are expended solely for the purpose for which the fees were collected. To comply with the Mitigation Fee Act, the existing funds for the Area of Contribution (AOC) Fee (Fund 2014 and Fund 2015), Transportation/Traffic System Management Fee (Fund 2001), and the Citywide Traffic Mitigation Fee (Fund 2002) will be transferred to the new Transportation Fee fund in the amount allocated to the projects designated in the original fee establishment as shown in Table 8-1. The remaining funds within the Transportation/Traffic System Management Fund (Fund 2001) and the Citywide Traffic Mitigation (Fund 2002) may continue to be used on maintenance costs that has historically been drawn from Fund 2002. The proposed Citywide Transportation Fee will be charged Citywide and not have Area of Contribution (AOC) zones. The transportation improvements listed in Table 8-1 were compiled from the City of Moorpark’s 2022/23 Fiscal Year Budget – CIP Project List with the addition of three (3) projects identified by Resolution No. 2023-____ Page 45 53 Development Impact Fee Nexus Study 37 July 2023 City of Moorpark the City (North Hills Parkway Overcrossing State Route 23, Realignment Study for Moorpark Ave – Poindexter/First, and Moorpark Ave Sound Walls) from the City’s General Plan Update and City discussions. The County Traffic Impact Mitigation Fee (TIMF) is a separate fee not included in this analysis and charged for regional transportation projects within Ventura County. The TIMF is determined by Ventura County. Resolution No. 2023-____ Page 46 54 Development Impact Fee Nexus Study 38 July 2023 City of Moorpark Table 8-1: Transportation Facilities – Planned Facilities CIP Transportation Facility Project Status Total Project Cost 1 Amount Expended (Estimated as of 6/30/22) LA AOC (Fund 2014) SP/TR AOC (Fund 2015) Traffic System Management (Fund 2001) Citywide Traffic Mitigation (Fund 2002) Endowment (Fund 2111) Grants & Other Funds2 Transportation DIF Eligible Project Costs4 C0004 Moorpark Ave Widening Project (Casey to Third) - Includes street realignment at First St and Poindexter Ave (Prior Project 8057) and Rail Crossing Improvements (Prior Project 8038) Pending Staff Hire $2,815,620 $2,343,217 $0 $0 $0 $472,403 $0 $0 $472,403 C0021 LA Avenue Widening - Spring Road to Moorpark Ave Active Redesign $5,000,681 $3,277,956 $925,955 $0 $0 $0 $0 $796,770 $925,955 C0022 Spring Road Widening Active Construction $1,249,934 $475,366 $774,568 $0 $0 $0 $0 $0 $774,568 C0025 Route 23 North Alignment (Study)Pending $192,325 $192,325 $0 $0 $0 $0 $0 $0 $0 C0027 Underground Utility District No. 2 Pending $1,710,240 $240 $1,710,000 $0 $0 $0 $0 $0 $1,710,000 C0030 LA Avenue Widening - Shasta Avenue Active Construction $1,688,147 $1,678,147 $10,000 $0 $0 $0 $0 $0 $10,000 C0033 Los Angeles Avenue Undergrounding Pending $468,001 $26,694 $441,021 $0 $286 $0 $0 $0 $441,307 C0037 Arroyo Drive Bike/Ped Project Active Construction $1,030,000 $158,144 $0 $0 $223,820 $0 $0 $648,036 $223,820 M0040 LA Ave Traffic Signals/Fiber Optic Upgrade Pending $950,000 $14,345 $935,655 $0 $0 $0 $0 $0 $935,655 NA North Hills Parkway Overcrossing State Route 233 Pending $128,413,129 $0 $0 $0 $0 $0 $0 $0 $128,413,129 NA Realignment Study for Moorpark Ave - Poindexter/First See C0004 TBD $0 $0 $0 $0 $0 $0 $0 NA Moorpark Ave Sound Walls Estimate $3,168,000 $0 $0 $0 $0 $0 $0 $0 $3,168,000 Total Transporation Facilities Costs $146,686,077 $8,166,434 $4,797,199 $0 $224,106 $472,403 $0 $1,444,806 $137,074,837 Notes: 1 2 3 In May 2008, a feasibility study prepared by Parsons estimated the total construction cost to be approximately $85 million. Costs have been escalated using LA ENR CCI (Feb 2008 at 9183.42, February 2023 at 13908.31). Includes the Gabbert Road UPRR crossing cost. 4 DIF Eligible costs are calculated by taking the Total Project cost and subtracting the Amount Expended and Other Funding Sources Total Project Costs with an associated CIP number are identified in the CIP Budget for FY22/23 through 26/27. Other funding sources include: Federal & State Grants, Gas Tax, General Fund, etc. DIF Eligible Funding Other Funding Sources Resolution No. 2023-____ Page 47 55 Development Impact Fee Nexus Study 39 July 2023 City of Moorpark Service Population Demand for services and the associated facilities for transportation are based on the additional trips that will be generated by new development through Buildout conditions. The Citywide Transportation Fee utilizes the land use trip generation assumptions presented in Table 8-2 for the various residential and non-residential land uses based on the ITE Trip Generation Manual, 11.1 Edition. Table 8-2: Land Use Trip Generation Cost Summary The Citywide Transportation Fee will fund the expansion of transportation facilities necessary to serve new growth. The transportation facilities listed in Table 8-1 have total DIF eligible project costs estimated to be approximately $162.6 million. Fee Methodology The Transportation Fee uses the planned facilities method to calculate the fee. The planned facilities method calculates the fee based on the planned facilities associated with new development. This method is appropriate when planned facilities are mostly for the benefit of new development, such as a road extension to a previously undeveloped area. The Transportation Fee is calculated based on the cost per trip generated by new development. The total cost of the facilities identified in Table 8-1 is spread over the anticipated number of trips that will be generated by future development (as shown in Table 8-3) to calculate the cost per trip. Residential Single Family 9.43 Multi-Family 1 5.64 Non-Residential (per employee) Commercial 2 8.71 Office 3.33 Industrial 5.05 Source: ITE Trip Generation Manual, 11.1 Edition. 1 2 Land Use Trip Generation Assumptions ITE 11th Edition notes: All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes an average of 50% "pass-by" trip reduction. Based on the average trips for attached 2-4 and attached 4+ units. Resolution No. 2023-____ Page 48 56 Development Impact Fee Nexus Study 40 July 2023 City of Moorpark To calculate the total number of new trips attributable to new development through Buildout, the growth projections, detailed within Table 3-2, are multiplied by the corresponding trip generation rates identified in Table 8-2. Table 8-2 displays the Institute of Transportation Engineers (ITE) trip generation rates for the land use types within this fee program. The multi-family assumption is an average of the multi-family attached 2-4 rate and multifamily attached 4+ rate. The non- residential land use ITE rates are assessed per employee. Residential trips were calculated by multiplying the anticipated growth in residential units by the corresponding single family and multi-family trip generation rates. Non-residential trips were calculated by multiplying the anticipated growth in employees by the corresponding trip generation rates for each of the land uses. The ITE Trip Generation Manual, 11th Edition notes all Retail and Services land uses are entitled to a "pass-by" trip reduction between 40%-60%. This study assumes the average with a 50% trip reduction for commercial. Table 8-3 shows the breakdown of the total trips attributed to new development through Buildout condition. Table 8-3: New Development Trip Generation The cost per trip is calculated by taking the total cost of the DIF eligible transportation facilities, subtracting the other anticipated funding sources, and the current transportation fund balances attributed to the eligible DIF projects, and then dividing by the trips generated by new development. This calculation is shown in Table 8-4. Land Use Category Projected Growth Trip Generation Assumption Total Trip Generation Residential (Units) Single Family 569 9.43 5,366 Multi-Family 4,385 5.64 24,731 Subtotal Residential Trips 30,097 Non-Residential (Employees) Commercial 1 2,191 8 .71 19,080 Office 1,180 3.33 3,930 Industrial 944 5.05 4,768 Subtotal Non-Residential Trips 27,777 Total Additional Trips 57,875 Source: ITE Trip Generation Manual, 11.1 Edition. 1 ITE 11th Edition notes: All land uses in the retail & services are entitled to a "pass-by" trip re duction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass-by" trip reduction. Resolution No. 2023-____ Page 49 57 Development Impact Fee Nexus Study 41 July 2023 City of Moorpark Table 8-4: Cost per Trip Fee Summary The Traffic Fee for new development is calculated by multiplying the cost per trip identified in Table 8-4 by trip generation rate for each land use. The total fee includes a five percent (5%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. The residential fee per unit is converted to a fee per square foot by dividing the fee per unit by the unit size estimated in Table 3-5. Table 8-5 shows the proposed new traffic fees for new development. Table 8-5: Citywide Transportation Fee Summary Reduced Traffic Fee Residential developments within one-half mile of transit stations generate fewer trips than traditional land use configurations that rely on vehicles as the primary mode of transportation. Total Cost of Transportation Facilities $137,074,837 Less: LA AOC Fund Balance 2 ($8,975,494) Less: SP/TR AOC Fund Balance 2 ($128,197) Less: Citywide Traffic Mitigation Contribution ($472,403) Less: Traffic System Management Contribution($224,106) Total Cost of Fee Program Transportation Facilities $127,274,637 Future Trip Generation 57,875 Cost per Trip $2,199 1 Projected cost based upon CIP 22-23 Budget. 2 Fund balance as of November 30, 2022. Cost per Trip Land Use Cost Per Trip Trip Generation1 Employees per 1,000 SF Subtotal Fee Administration Fee Total Fee (Rounded) Total Fee Residential (per Unit) (per SF) Single Family $2,199 9.43 NA $20,737 $1,037 $21,774 $8.71 Multi-Family (2-4 units) $2,199 5.64 NA $12,402 $620 $13,022 $9.30 Non-Residential (Fee per 1,000 SF) Commercial $2,199 8.71 1.00 $19,153 $958 $20,111 Office $2,199 3.33 2.00 $14,645 $732 $15,377 Industrial $2,199 5.05 0.40 $4,442 $222 $4,664 1 ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes: All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass- by" trip reduction. Resolution No. 2023-____ Page 50 58 Development Impact Fee Nexus Study 42 July 2023 City of Moorpark According to various transportation studies, measurable trip reductions result for projects that are near transit stations and where there are a diversity of land uses that promote connectivity and walkability. To account for the reduced trip rates generated by projects meeting the above criteria, an additional trip adjustment factor is applied to new residential land uses meeting the following criteria: 1. The housing development is located within one-half mile of a transit station and there is direct access between the project and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length. 2. Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development. 3. The housing development provides either the minimum number of parking spaces required by the local ordinance, or for residential units, no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less. For purposes of this reduction, the definition of transit station shall be defined by California Government Code Section 65460.1, “Transit station” means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. Also, a “housing development” shall be defined by California Government Code Section 66005.1, which is a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use. Commercial trips often coincide with other trips (i.e., Person A stops by the store on their way home from work, Person B stops by a restaurant after grocery shopping, etc.) This “pass-by” trip reduction amount is factored into the Commercial trip generation estimates (Table 8-2) as well as the fee for commercial land use in Table 8-5. Revenue Projections Table 8-6 summarizes the anticipated Citywide Transportation Fee revenue collected at Buildout. The revenue will be used to fund the transportation facilities show on Table 8-1. Resolution No. 2023-____ Page 51 59 Development Impact Fee Nexus Study 43 July 2023 City of Moorpark Table 8-6: Anticipated Citywide Transportation Fee Collection at Buildout Nexus Requirement Summary The proposed Citywide Transportation Fee meets the Mitigation Fee Act Requirements, as described in this section. Requirement 1: Identify the purpose of the fee. The purpose of the Citywide Transportation Fee is to fund planned transportation facilities included in Table 8-1 to serve future development. In order to accommodate this need, new facilities must be built and/or existing facilities expanded. Requirement 2: Identify the use of the fee. The fee will be used to fund the planned transportation facilities identified in Table 8-1, that are necessary to serve increased transportation demand. The improvements were identified through the current City CIP, City General Plan Update, and City discussions, as the facilities that are required to mitigate the impact of new development in the City. Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. The Citywide Transportation Fees will be used to fund the new transportation facilities and improvements that are necessary to serve the increase in transportation demand due to new development. The cost of the transportation improvements is spread to each land use based on the number of trips generated by each land use. This correlation to trips ensures that each new development pays their fair share of the transportation costs. The cost per trip calculations is shown in Table 8-4. The fee calculation is shown in Table 8-5. Land Use Proposed Fee 1 Anticipated Growth (units) Anticipated Growth (SF) Anticipated Fee Collection at Buildout2 Residential (Fee per Dwelling Unit) Single Family $8.30 569 1,422,500 $11,806,750 Multi-Family $8.86 4,385 6,139,000 $54,391,540 Non-Residential (Fee per 1,000 SF) Commercial $19,153 n/a 2,190,538 $41,955,374 Office $14,645 n/a 590,085 $8,641,795 Industrial $4,442 n/a 2,360,343 $10,484,644 Total $127,280,103 1 Excludes the administrative portion of the fee. 2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding. Resolution No. 2023-____ Page 52 60 Development Impact Fee Nexus Study 44 July 2023 City of Moorpark Requirement 4: 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. Each new residential and non-residential development within the City will generate additional trips that incrementally adds to the need for new traffic infrastructure and facilities to serve the increased residents and businesses within the City and ensure that traffic facilities can accommodate the increased demand. These facilities are identified in the current City CIP, City General Plan Update, and through City discussions. Each new residential and non-residential development pays an impact fee based on the additional trips that is expected to be generated by the new development. To accommodate these additional trips, new transportation improvements will be needed city- wide. Utilizing trips generated by each development ensures that each type of development pays their fair share of the required new transportation facilities. This calculation is shown in Table 8- 5. Requirement 5: 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 to the development on which the fee is imposed. The transportation facilities that are necessary for the new development are summarized in the planned improvements presented in Table 8-1. Each land use pays their fair share of costs based on the number of trips generated by that land use as shown in Table 8-3. Contributions from other fee programs for the same facilities and fund balances are subtracted out from the total costs, as shown in Table 8-1 and Table 8-4, to ensure that future land uses only pays their fair share of the traffic improvements. The cost per trip is then spread to each land use based on the ITE Trip Generation Rates. This calculation is shown in Table 8-5. Utilizing trips ensures that each development pays their fair share of the cost. Resolution No. 2023-____ Page 53 61 Development Impact Fee Nexus Study 45 July 2023 City of Moorpark Section 9 Implementation and Administration Implementation According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and public meeting with at least 30 days’ notice. In addition, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. At least ten days prior to this meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6062a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees. Fee Program Administrative Requirements The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year: 1. A brief description of the type of fee in the account or fund. 2. The amount of the fee. 3. The beginning and ending balance in the account or fund. 4. The amount of the fee collected and the interest earned. 5. An identification of each public improvement for which fees were expended and the amount of expenditures. 6. An identification of an approximate date by which time construction on the improvement will commence if it is determined that sufficient funds exist to complete the project. 7. A description of each interfund transfer or loan made from the account and when it will be repaid. 8. Identification of any refunds made once it is determined that sufficient monies have been collected to fund all fee related projects. The City must make this information available for public review and must also present it at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public. Resolution No. 2023-____ Page 54 62 Development Impact Fee Nexus Study 46 July 2023 City of Moorpark For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted: 1. Identify the purpose to which the fee is to be put. 2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. 3. Identify all sources and amounts of funding anticipated to complete financing any incomplete improvements. 4. Designate the approximate dates on which funding in item (3) above is expected to be deposited into the fee account. As with the annual disclosure, the five-year report must be made public within 180 days after the end of the City’s fiscal year and must be reviewed at the next regularly scheduled public meeting. Fee Adjustment Procedures The DIFs may be adjusted periodically to reflect revised facility requirements, receipt of funding from alternative sources (i.e., state, or federal grants), revised facilities or costs, changes in demographics, changes in the average unit square footage, or changes in the land use plan. In addition, in July of each calendar year, the fees will automatically be adjusted using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available. For example, the adjustment for July 2024 will be determined by taking the percentage change of the Los Angeles construction cost index from May 2023 to May 2024. Timing of Fee Payment Fees will be collected at the time the building permit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects, the fee will be due at the time of the building permit for each building. For high-density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. Credits and Reimbursement Policies The City may provide fee credits or reimbursements to developers who dedicate land or construct eligible facilities. Fee credits or reimbursements may be provided up to the cost of the improvement, as shown in this study, subject to periodic inflation adjustments, or the actual cost paid by the developer, whichever is lower. For construction cost overruns, only that amount shown Resolution No. 2023-____ Page 55 63 Development Impact Fee Nexus Study 47 July 2023 City of Moorpark in the fee study, subject to periodic inflation adjustments, would be credited or reimbursed. The City will evaluate the appropriate fee credit or reimbursement based on the value of the dedication or improvement. Credits or reimbursements may be repaid based on the priority of the capital improvements, as determined by the City. The City will determine fee credits and reimbursements on a case-by-case basis and possibly through the use of a development agreement. Administrative Fee An administrative fee of five (5) percent is included as part of each of the fees and may be used for costs for legal, accounting, and other administrative support and development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is included within each fee. Please refer to the individual fee calculation tables for a breakdown of the administration fee. Programming Revenues with the CIP The City should maintain its CIP to adequately plan for future infrastructure needs. The CIP should commit all projected fee revenues and fund balances to specific projects that are necessary to serve growth as described in this report. The use of the CIP provides documentation necessary for the City to hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. In addition, the CIP is required per AB602. This report outlines the projects that are to be funded with the fee program and forms the basis of the CIP, as shown in Appendix A. Fee Reporting Assembly Bill No. 1483, which became effective January 1, 2020, requires that public agencies make the following information available on their website. The following information must be provided: 1. A current schedule of fees, exactions, and affordability requirements imposed by the city, county, or special district, including any dependent special districts, of the city or county applicable to a proposed housing development project, which shall be presented in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel. 2. All zoning ordinances and development standards, which shall specify the zoning, design, and development standards that apply to each parcel. 3. The list of information required to be compiled pursuant to Section 65940. 4. The current and five previous annual fee reports or the current and five previous annual financial reports, which were required pursuant to subdivision. 5. An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the city, county, or special district on or after January 1, 2018. Any updates to the above information must be available within 30 days. Resolution No. 2023-____ Page 56 64 Development Impact Fee Nexus Study 48 July 2023 City of Moorpark Accessory Dwelling Units An accessory dwelling unit (ADU) is a second unit that is attached or detached from a single- family home. In accordance with Assembly Bill No. 881 approved on October 9, 2019, fees will not be charged for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit. Since the residential fees are now being charged on a square footage basis, ADU fees will be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Specialized Development Projects The fees in this report may not apply to specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City will review the development’s impacts to determine the applicable fees. The fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. In addition, for reuse, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification of the development. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is similar to the structure destroyed by the disaster. The City will review the development’s increased impacts to determine the applicable fees. Some developments may include more than one land use type. In these cases, the fee is calculated separately for each land use. The City has the discretion to impose the fees based on the specific aspects of a proposed development regardless of zoning. The fee imposed should be based on the land use type that most closely represents the impacts of the development. Rebuild or Expansion Projects For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion. For example, if a homeowner wishes to build an addition to their home that is 100 square feet, the homeowner would be responsible for paying fees for the 100 square foot addition. The City will review the new development’s impacts to determine the applicable fees on a case by case basis. In cases of rebuilding a structure after a demolition, impact fees will not be assessed on the rebuild to the extent that the overall size and use of the new structure is similar to the structure prior to demolition. Similarly, in cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. Impact fees will be calculated on Resolution No. 2023-____ Page 57 65 Development Impact Fee Nexus Study 49 July 2023 City of Moorpark the new rebuilt structure and the previous structure and the difference of fees will be assessed. No refunds will be made for rebuilds that have less impact fees than the previous structure. Resolution No. 2023-____ Page 58 66 Development Impact Fee Nexus Study 50 July 2023 City of Moorpark Appendix A: Capital Improvement Plan Resolution No. 2023-____ Page 59 67 Development Impact Fee Nexus Study 51 July 2023 City of Moorpark Table A-1: Capital Improvement Plan Item Total Project Cost Other Funding Sources/ Amount Expended DIF Project Cost Library (4,500 SF Expansion)$7,714,305 n/a $7,714,305 Park & Recreation Park Facilities (Assumes 59.97 acres)1 $39,611,533 n/a $39,611,533 Recreation Facilities $4,972,101 n/a $4,972,101 Total Park & Recreation Costs $44,583,634 $0 $44,583,634 City Hall (New City Hall Facility)$46,899,880 $33,838,458 $13,061,422 Police Facilities Moorpark Police Services Center Repayment $21,489,515 $15,504,774 $5,984,741 Patrol Vehicles/Equipment $51,513 n/a $51,513 Total Police Facilities Costs $21,541,028 $15,504,774 $6,036,254 Transportation Moorpark Ave Widening Project (Casey to Third) - Includes street realignment at First St and Poindexter Ave (Prior Project 8057) and Rail Crossing Improvements (Prior Project 8038) $2,815,620 $2,343,217 $472,403 LA Avenue Widening - Spring Road to Moorpark Ave $5,000,681 $4,074,726 $925,955 Spring Road Widening $1,249,934 $475,366 $774,568 Route 23 North Alignment (Study)$192,325 $192,325 $0 Underground Utility District No. 2 $1,710,240 $240 $1,710,000 LA Avenue Widening - Shasta Avenue $1,688,147 $1,678,147 $10,000 Los Angeles Avenue Undergrounding $468,001 $26,694 $441,307 Arroyo Drive Bike/Ped Project $1,030,000 $806,180 $223,820 LA Ave Traffic Signals/Fiber Optic Upgrade $950,000 $14,345 $935,655 North Hills Parkway Overcrossing State Route 233 $128,413,129 $0 $128,413,129 Realignment Study for Moorpark Ave - Poindexter/First TBD $0 $0 Moorpark Ave Sound Walls $3,168,000 $0 $3,168,000 Total Transportation Facilities Costs $146,686,077 $9,611,240 $137,074,837 1 The assumed park acerage is based on the General Plan standard for parks. Includes park facilities. Land cost is separate. Resolution No. 2023-____ Page 60 68 Schedule of Fees and Service Charges Effective November 5, 2023 City of Moorpark Resolution No. 2023-____ Page 61 69 EXHIBIT B Fees Page ADMINISTRATION FEES 1 MOORPARK CITY TRANSIT FARES 2 ANIMAL COMPLIANCE PROGRAM FEES 3 BUSINESS REGISTRATION FEES 4 BUILDING & SAFETY FEES 5 DEVELOPMENT IMPACT FEES 16 PLANNING FEES 17 PUBLIC WORKS ENGINEERING AND ENCROACHMENT PERMIT FEES 22 COMMERCIAL FILMING AND PHOTOGRAPHY PERMIT FEES 26 FACILITY RENTAL FEES 27 ELECTRIC USE FEES - VEHICLE CHARGING AND COURT LIGHTING 34 LIBRARY SERVICES FEES AND FINES 35 POLICE SERVICES FEES 36 PARKING CITATION FINES 37 REAL TIME BILLING RATES 39 City of Moorpark Table of Contents Schedule of Fees and Service Charges Resolution No. 2023-____ Page 62 70 City of Moorpark ADMINISTRATION FEES Fee Charge Basis Note 1 Returned Check Fee; EFT/ACH Return/Error $25 each [a] 2 Wire Transfer Fee a) Outgoing $25 each b) Incoming No Charge each 3 Postage Actual Cost each 4 Digital Media Device $10 each 5 Documents - Hard Copy a) Standard Size - Black and White Up to 11" x 17"$0.10 per single-sided page b) Standard Size - Color Up to 11" x 17"$0.25 per single-sided page c) Non-standard Size i) Printed In-House Actual Cost - See Real Time Billing Rates per request ii) Printed by Private Company Direct Cost + 15% Administrative Fee per request 6 Agendas, Maps, Recordings Available Online each 7 Copy Retrieval Fee (for copies of reports and statements filed pursuant to the Political Reform Act, which are five or more years ld) $5 per request 8 Subpoena Response / Retrieval / Appearance Fees Max. Authorized by State per request 9 Requests Requiring Special Programming or Formatting or Use of Outside Service Providers Actual Cost Including Cost of Digital Devices per request [b];[c] 10 City Overhead - Administrative Fee (Amount Added to Time & Materials and Direct Cost Billings) 15% of Actual Cost as needed [a] California Civil Code Sec. 1719. [c] See schedule of schedule of City billing rates. Fee Description [b] This fee applies to the creation of a new document or information not normally prepared, owned, used or retained by the City as part of the conduct of the Public's business. Fee also includes cost of any digital devices used to provide requested information. Resolution No. 2023-____ Page 63 71 City of Moorpark CITY TRANSIT FEES Fee Note Dial-A-Ride Fares 1 Persons Aged 65+ and who are registered for the service with the City: one-way paratransit trip with a pick-up and destination within the City $2 2 Persons Aged 65+ and who are registered for the service with the City: ECTA InterCity service for a one-way paratransit trip to or from Agoura Hills, Camarillo, Oak Park, Simi Valley, Thousand Oaks, Westlake Village, and surrounding County Unincorporated areas As established by the ECTA Management Committee 3 Persons with disabilities who are certified under the Americans with Disabilities Act (ADA) as eligible for complementary paratransit service: one-way paratransit trip with a pick-up and destination within the City $2 4 Persons with disabilities who are registered for the service with the City: ECTA InterCity service for a one-way paratransit trip to or from Agoura Hills, Camarillo, Oak Park, Simi Valley, Thousand Oaks, Westlake Village, and surrounding County Unincorporated areas As established by the ECTA Management Committee 5 Personal Care Assistants (PCA) for a certified ADA rider: If the PCA’s trip origin and destination match the ADA rider’s Free Fixed Route Bus Fares 6 One-Way Ride $1 7 Child (5 or Younger), when accompanied by a parent, guardian, or responsible person aged 16+ Free 8 Individual Aged 65+Free 9 Individual with a Disability Free 10 Personal Care Assistants (PCA) for a certified ADA rider: If the PCA’s trip origin and destination match the ADA rider’s Free Fee Description Note: The City Manager is authorized to establish special promotional fare offers, discounts, or passes from time to time (such as a Summer Youth Pass or a Rider Appreciation Day fare holiday), for the purpose of promoting public transit ridership and good community relations. Resolution No. 2023-____ Page 64 72 City of Moorpark ANIMAL COMPLIANCE PROGRAM FEES Fee Charge Basis Note License Fees: Dogs and Cats 1 Altered, 1 year license $30 per license 2 Altered, 2 year license $60 per license 3 Altered, 3 year license $90 per license 4 Altered, 1 year license - (Owner 55+)$15 per license 5 Altered, 2 year license - (Owner 55+)$30 per license 6 Altered, 3 year license - (Owner 55+)$45 per license 7 Unaltered, 1 year license $105 per license 8 Unaltered, 2 year license $210 per license 9 Unaltered, 3 year license $315 per license 10 Late Penalty - For License Fees 30 Days or More Past Due 100% of License Fee Pick-Up and Disposal: Household Pets (as defined in MMC Chapter 6.04 weighing up to 75 pounds) 11 Dogs and Cats a) Licensed $65 b) Unlicensed $90 12 Fowl, Rodents, Birds, and Other Small Household Pets $65 13 Household Pets Owned or Kept by a Person Aged 55+$25 Pick-Up and Disposal: Other Than Household Pets 14 No Charge for Dead, Wild, or Stray Animals On Private Property Not Owned or Kept by the Property Owner or Occupant No Charge Humane Trap Rental 15 Refundable deposit to Moorpark residents for trap use within the City of Moorpark $40 Other Services 16 Services rendered by City Vector/Animal Control staff not otherwise listed in this document shall be charged pursuant to the current Ventura County Animal Services Fee Schedule. Fee Description Resolution No. 2023-____ Page 65 73 City of Moorpark BUSINESS REGISTRATION FEES Fee Charge Basis Note Business Registration 1 Initial Business Registrations a) Standard Business Registration $115 Fixed Fee b) Business Registration for Vendor at City-Permitted Swap Meet/Farmers’ Market $58 Fixed Fee c) Business Registration for Owner Under 18 with Annual Income <$10,000 No Charge Fixed Fee 2 Annual Renewal of Business Registration $40 Fixed Fee 3 State CASp Fee (Applies to All Business Registrations)$4 Fixed Fee 4 Vehicle Stickers for Mobile Businesses $2 Fixed Fee Fee Description Resolution No. 2023-____ Page 66 74 City of Moorpark BUILDING & SAFETY FEES Valuation for Fee Setting Charge Basis Note Building & Safety Valuations (per sq. ft.) 1 Balconies and Covered Porches and Remodels One Third of the Dwelling Value $51.59 2 Block Walls Over 42” High $10.15 3 Decks More Than 30” Above Grade $27.07 4 Garages, Private, Attached $60.31 5 Garages, Private, Detached $60.31 6 Open Trellises and Solid or Lattice Patio Covers, Gazebos $48.59 7 Retaining Walls, Caisson and Grade Bm.$40.60 8 Retaining Walls, Conventional Footing $25.38 9 Re-Roof Residential and Commercial $3.38 10 Re-Roof with Engineering Additional for Plan Check $5.67 11 Skylights $40.65 Fee Each 12 Solatube $40.65 Fee Each 13 Window Change Out $40.65 Fee Each 14 Other Occupancies - The valuation shall be calculated using the latest version of the International Code Council Valuation Table with the latest edition of Marshall and Swift Construction Cost Handbook Local Multiplier for Ventura County. 15 Other Work - Shall be valued by the Building Official based upon his or her estimate of the cost of the construction and his or her estimate of the cost of inspection and plan review Note 1: The valuations above shall be modified as indicated for: a) Hillside Foundations Increase 5-20% b) Shell Only Decrease 20% c) Tenant Improvement, General 20% d) Tenant Improvement, Restaurants 40% Note 2: The determination of valuation under any of the provisions of the Code shall be made by the Building Official and shall include the value of all construction work, including finish work, roofing, elevators, etc. (See California Building Code). Description Resolution No. 2023-____ Page 67 75 City of Moorpark BUILDING & SAFETY FEES Total Valuation Permit Fee $1 to $500 $29.93 $501 to $1,000 $29.93 for the first $500 plus $3.90 for each add'l $100 or fraction thereof, to and including $1,000 $1,001 to $5,000 $49.45 for the first $1,000 plus $16.92 for each add'l $1,000 or fraction thereof, to and including $5,000 $5,001 to $10,000 $117.12 for the first $5,000 plus $15.62 for each add'l $1,000 or fraction thereof, to and including $10,000 $10,001 to $50,000 $195.21 for the first $10,000 plus $15.62 for each add'l $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $819.86 for the first $50,000 plus $10.41 for each add'l $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,340.41 for the first $100,000 plus $7.81 for each add'l $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $4,463.70 for the first $500,000 plus $6.95 for each add'l $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $7,938.36 for the first $1,000,000 plus $5.21 for each additional $1,000 or fraction thereof over $1,000,000 Building Permit Fees 7 Resolution No. 2023-____ Page 68 76 City of Moorpark BUILDING & SAFETY FEES Fee Note Building Permit Fees, Continued 1 Permit Issuance Fee $35 2 Minimum Building Permit Fee $60 3 Minimum Demolition Permit Fee $190 Building Plan Check Fees 4 Plan Review Fee 75% of Building Permit Fee 5 Energy Conservation Fee (where compliance with CA Energy Conservation Law required) 10% of Building Permit Fee 6 Disabled Access Fee (where compliance with CA Access Law required)10% of Building Permit Fee 7 Green Building Mandatory Measures Fee (where compliance with CA Green Building Code required) 8% of Building Permit Fee 8 Green Building Tier 1 and 2 Fee (where compliance with CA Green Building Code Tier 1 or 2 requested) 10% of Building Permit Fee Other Fees 9 Strong Motion Instrumentation (SMI) Fee Calculation a) Category 1 Construction (1 to 3 Story Residential)Greater of $0.50 or valuation x .00013 [a] b) Category 2 Construction (Over 3 story Residential and all Commercial)Greater of $0.50 or valuation x .00028 [b] 10 Building Standards (SB 1473) Fee Calculation (Valuation) a) $1 - $25,000 $1 b) $25,001 - $50,000 $2 c) $50,001 - $75,000 $3 d) $75,001 - $100,000 $4 e) Each Add'l $25,000 or fraction thereof Add $1 11 Technology Enhancement Fee 6% of Permit Fee 12 Advance Planning Fee (for Valuations $10,000+)6% of Building Permit Fee Fee Description [a] Category 1 Construction includes residential buildings 1 to 3 stories in height, excluding hotels and motels. Single family houses, duplexes and quadruplexes are considered Category 1. Condominiums and apartment buildings which are 3 stories or less in height are considered Category 1. [b] Category 2 Construction includes all buildings not considered Category 1 (i.e. residential buildings over 3 stories, all office buildings, warehouses, factories and other manufacturing or processing facilities, restaurants, and other non-residential buildings). Resolution No. 2023-____ Page 69 77 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Electrical Permit Fees 1 Permit Issuance Fee $35 2 Minimum Electrical Permit Fee $60 3 Plan Review Fee 50%Percent of Permit Fee Systems (per sq. ft.) 4 For One and Two Family Dwellings $0.10 5 For Multi Family Residential $0.10 6 Manufacturing $0.10 7 Commercial $0.17 8 Business and Assembly $0.10 9 Agricultural $0.03 Unit Fees 10 Temp. Service Up to 200A $47 11 Temp. Service Over 200A $61 12 Sub-Panels $47 Each 13 Services a) For 600V up to 200A $47 b) For 200A to 1,000A $190 c) For over 600V or Over 1,000A $338 14 Annual Electrical Maintenance $118 15 Busways (Each 100 ft. or Fraction Thereof)$23 16 Lighting Outlet or Fixture $1.17 Each 17 Light Poles $10 Each 18 Misc. Apparatus, Conduits, and Conductors $23 Each 19 Non-Residential Appliance $25 Each 20 Power Apparatus Rated in JP, KW, KVA, or KVAR a) Up to 1 HP $23 Each b) Over 1 HP $72 Each 21 Receptacle Switch or Outlet $1.17 Each 22 Residential Appliance $9 Each 23 Signs and Marquees $14 Each Fee Description Resolution No. 2023-____ Page 70 78 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis NoteFee Description 24 Photovoltaic Systems a) Residential i) Up to 15kW DC $190 ii) Greater than 15kW DC $380 b) Non-Residential i) 0 - 100kW DC $380 ii) 101 - 500kW DC a) For the First 100kW DC $380 b) Each Additional kW up to 500kW $1.30 iii) Greater than 500kW DC a) For the First 500kW DC $900 b) Each Additional kW DC $1.00 25 Energy Storage System Batteries $23 Each 26 Transfer Switches $47 Each 27 Load Centers $47 Each 28 Combiner Boxes $47 Each Other 29 Fees for Services Not Listed in this Fee Schedule $190 Per Hour Resolution No. 2023-____ Page 71 79 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Mechanical Permit Fees 1 Permit Issuance Fee $35 2 Minimum Mechanical Permit Fee $60 3 Plan Review Fee 50%Percent of Permit Fee System Fees 4 Residential Heating System (per sq. ft. of Conditioned Space)$0.05 Unit Fees 5 Air Handler or Ventilation Unit $14 Each 6 Boiler (Generates Steam)$118 Each 7 Boiler Chimney (Metal)$14 Each 8 Combination Heating/Cooling Unit (i.e. Heat Pump Unit)$43 Each 9 Commercial/Industrial Incinerator $130 Each 10 Commercial Kitchen Hood $95 Each 11 Cooling Tower and Related Piping $17 Each 12 Cooling Unit (Self Contained Unit, No Refrigeration Connection)$29 Each 13 Duct Systems for Heating or Cooling (per sq. ft. of Area Served)$0.03 Each 14 Evaporative Cooling Unit with Ducts $17 Each 15 Fire Dampers a) 1-10 Dampers $31 Each b) Over 10 Dampers $9 Each 16 Heating Appliance $29 Each 17 Incidental Gas Piping or Electrical Wiring $17 Each 18 Incinerator Chimney $29 Each 19 Other Appliances and Equipment $14 Each 20 Refrigeration Units a) Up to 25 HP $14 Each b) Over 25 HP $57 Each 21 Residential Exhaust Fan $8 Each 22 Single Flue or Vent Servicing an Appliance $14 Each Other 23 Fees for Services Not Listed in this Fee Schedule $190 Per Hour Fee Description Resolution No. 2023-____ Page 72 80 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Plumbing Permit Fees 1 Permit Issuance Fee $35 2 Minimum Plumbing Permit Fee $60 3 Plan Review Fee 50%Percent of Permit Fee System Fees 4 Single Family Dwellings $113 Each 5 Solar Water Heating $72 Each Unit Fees 6 Annual Maintenance $118 7 Building Sewer $95 Each 8 Fire Sprinklers (per sq. ft.)$4 9 Fixture or Trap $8 Each 10 Gas System a) Up to 4 Outlets $17 Each b) Outlets Over 4 $4 Each 11 Interceptors and Clarifiers $107 Each 12 Misc. Repairs $8 Each 13 Storm Water Drains Inside Building (per Drain)$14 Each 14 Vacuum Breaker or Backflow Preventer $14 Each 15 Water Heater $23 Each 16 Water Service Piping $17 Each 17 Water Treatment Equipment $8 Each Other 18 Fees for Services Not Listed in this Fee Schedule $190 Per Hour Fee Description Resolution No. 2023-____ Page 73 81 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Sign Permit Fees and Valuations for Fee Setting 1 Signs - Wall Mounted, No Electrical a) Valuation (per sq. ft.)$127 b) Electrical Permit n/a c) SMIP Fee Greater of $0.50 or valuation x .00028 2 Signs - Wall Mounted, Electrical a) Valuation (per sq. ft.)$127 b) Electrical Permit $24 c) SMIP Fee Greater of $0.50 or valuation x .00028 3 Signs - With Footings, No Electrical a) Valuation (per sq. ft.)$127 b) Electrical Permit n/a c) SMIP Fee Greater of $0.50 or valuation x .00028 4 Signs - With Footings, Electrical a) Valuation (per sq. ft.)$127 b) Electrical Permit $24 c) SMIP Fee Greater of $0.50 or valuation x .00028 Fee Description Resolution No. 2023-____ Page 74 82 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Swimming Pool and Spa Permit Fees and Valuations for Fee Setting 1 Residential Pool a) Valuation (per sq. ft.)$63 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee 75%percent of permit fee e) Electrical Permit Fee $71 f) Plumbing Permit Fee $123 g) SMIP Fee Greater of $0.50 or valuation x .00013 2 Residential Spa a) Valuation (per sq. ft.)$63 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee 75%percent of permit fee e) Electrical Permit Fee $71 f) Plumbing Permit Fee $123 g) SMIP Fee Greater of $0.50 or valuation x .00013 3 Combination Pool & Spa a) Valuation (per sq. ft.)$63 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee 75%percent of permit fee e) Electrical Permit Fee $71 f) Plumbing Permit Fee $123 g) SMIP Fee Greater of $0.50 or valuation x .00013 4 Manufactured Pool a) Valuation (per sq. ft.)$43 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee n/a e) Electrical Permit Fee $71 f) Plumbing Permit Fee $123 g) SMIP Fee Greater of $0.50 or valuation x .00013 5 Portable Spa a) Valuation (per sq. ft.)$63 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee n/a e) Electrical Permit Fee $71 f) Plumbing Permit Fee n/a g) SMIP Fee Greater of $0.50 or valuation x .00013 Fee Description Resolution No. 2023-____ Page 75 83 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis NoteFee Description 6 Commercial Pool, Spa, or Combination a) Valuation (per sq. ft.)$80 b) Permit Fee See Permit Fee Table c) Permit Issuance Fee $35 d) Plan Check Fee 75%percent of permit fee e) Electrical Permit Fee $118 f) Plumbing Permit Fee $123 g) SMIP Fee Greater of $0.50 or valuation x .00028 Resolution No. 2023-____ Page 76 84 City of Moorpark BUILDING & SAFETY FEES Fee Charge Basis Note Miscellaneous Building & Safety Fees 1 Appeals Hearing $1,140 Per Appeal 2 Building Relocation Pre-Inspection $190 3 Business Registration Occupancy Inspection a) Simple $63 b) Complex (e.g., Changes of Use, or Industrial Uses)$190 4 Construction and Demolition Material Management Plan a) Multi-Phase Project Combined Under One Submission $380 Per Phase b) All Others $380 5 Mobile Home Set-up a) Permanent $380 b) Temporary (Manufactured after June 15, 1976)$190 6 Pre-Manufactured Building Set-up, Commercial $380 7 Occupancy Investigation/Investigation of Unpermitted Work $190 Per Hour 8 Records Update $48 9 Re-Inspection Fee $127 Each 10 Excess Plan Review (4th and Subsequent)$190 Per Hour 11 Fees for Services Not Listed in this Fee Schedule $190 Per Hour Fee Description Resolution No. 2023-____ Page 77 85 City of Moorpark DEVELOPMENT IMPACT FEES Fee Charge Basis Note 1 Park Facilities & Recreation1 Residential: Single Family Residence $4.71 per SF Residential: Multi Family Residence $6.54 per SF Non-Residential: Commercial NA per 1,000 SF Non-Residential: Office NA per 1,000 SF Non-Residential: Industrial NA per 1,000 SF 2 Library Facility Fees1 Residential: Single Family Residence $0.73 per SF Residential: Multi Family Residence $1.02 per SF Non-Residential: Commercial $188 per 1,000 SF Non-Residential: Office $376 per 1,000 SF Non-Residential: Industrial $75 per 1,000 SF 3 City Hall1 Residential: Single Family Residence $1.24 per SF Residential: Multi Family Residence $1.72 per SF Non-Residential: Commercial $319 per 1,000 SF Non-Residential: Office $637 per 1,000 SF Non-Residential: Industrial $127 per 1,000 SF 4 Police Facilities Fees1 Residential: Single Family Residence $0.57 per SF Residential: Multi Family Residence $0.80 per SF Non-Residential: Commercial $147 per 1,000 SF Non-Residential: Office $295 per 1,000 SF Non-Residential: Industrial $59 per 1,000 SF 5 Citywide Transportation Fee1 Residential: Single Family Residence $8.71 per SF Residential: Multi Family Residence $9.30 per SF Non-Residential: Commercial $20,111 per 1,000 SF Non-Residential: Office $15,377 per 1,000 SF Non-Residential: Industrial $4,664 per 1,000 SF 6 Fire Protection Facility Fees Administration Fee $15.00 Residential: Single Family Residence $979.46 per unit Residential: Multi Family Residence $721.87 per unit Residential: Mobile Home $587.08 per unit Non-Residential $0.49 per sq ft 7 Parking In-Lieu Fee in Downtown Specific Plan Area Parking In-Lieu Fee Per Resolution No. 2007-2613 8 Tree and Landscape Fee Residential, Commercial, and Industrial Development $0.05 per sq ft of pad space Fee Description 1) An administrative fee of 5% is included in the fees for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. Resolution No. 2023-____ Page 78 86 City of Moorpark PLANNING FEES Fixed Fee Deposit Charge Basis Note Permits: Development 1 Administrative Exception $950 Fixed Fee 2 Administrative Permit: Residential $1,140 Fixed Fee 3 Administrative Permit: Commercial/Industrial a) Base Fee $1,900 Fixed Fee b) Plus Police Department Review $300 Fixed Fee 4 Administrative Permit: Relocation of a Business with an Existing Administrative Permit (Not Involving Expansion of More Than 50% of Floor Area, Change in the Nature of the Business, or Sale of Alcoholic Beverages) a) Base Fee $570 Fixed Fee b) Plus Police Department Review $300 Fixed Fee 5 Administrative Permit: Relocation of Permitted Business That Did Not Require an Administrative Permit When Established (Not Involving Expansion of More Than 50% of Floor Area, Change in the Nature of the Business, or Sale of Alcoholic Beverages) a) Base Fee $950 Fixed Fee b) Plus Police Department Review $300 Fixed Fee 6 Appeal of Community Development Director Decision Not Requiring Public Notice $1,140 Fixed Fee 7 Appeal of Community Development Director Decision Requiring Public Notice $1,330 Fixed Fee 8 Lot Line Adjustment, Certificate of Compliance, or Reversion to Acreage a) Base Fee $4,000 Deposit [a] b) Per Lot $150 Deposit [a] 9 Permit Adjustment: Residential $570 Fixed Fee 10 Permit Adjustment: Commercial/Industrial $1,140 Fixed Fee Permits: Zoning 11 Abandoned Shopping Cart Prevention Plan Review (Annual)$95 Fixed Fee 12 Adult Business Permits (Annual) a) Adult Business Permit $950 Fixed Fee b) Adult Business Performer Permit $190 Fixed Fee 13 Bingo Game Permit (Annual)$50 Fixed Fee [b] 14 Home Occupation Permit $110 Fixed Fee 15 Home Occupation Permit: Applicant Under 18, with Annual Income < $10,000 $0 Fixed Fee 16 Mobile Home Rent Increase Review $570 Fixed Fee [c] Fee Description Resolution No. 2023-____ Page 79 87 City of Moorpark PLANNING FEES Fixed Fee Deposit Charge Basis NoteFee Description 17 Open House Directional Sign Permits a) Annual Encroachment Permit for Individual Owner/Seller or Real Estate Agent i) Permit Application Received Prior to July 1 $190 Fixed Fee [d] ii) Permit Application Received After July 1 $95 Fixed Fee [d] b) Annual Encroachment Permit for Real Estate Office i) Permit Application Received Prior to July 1 $570 Fixed Fee [e] ii) Permit Application Received After July 1 $285 Fixed Fee [e] c) Additional Sign Stickers $5 Fixed Fee d) Retrieved Sign Storage Fee (per day)$5 Fixed Fee 18 Secondhand Dealer/Thrift Shop/Pawnbroker Permit a) Permit Fee $760 Fixed Fee [f] b) Deposit for Police Review Expenses $4,400 Deposit [f] 19 Sign Permits a) New Signs $380 Fixed Fee b) Sign Permit for Change of Copy on Existing Permitted Sign $190 Fixed Fee c) Sign Program $1,140 Fixed Fee 20 Street Vendor Permit (Annual)$190 Fixed Fee 21 Temporary Sign/Banner Permit $95 Fixed Fee 22 Temporary Use Permits: a) Minor (Outdoor Sales, RV as Dwelling During Construction) $285 Fixed Fee b) Major (Parades, Concerts, Carnivals, Shows) i) Permit Application Review Fee $570 Fixed Fee ii) Plus Police Department Review $300 Fixed Fee iii) Additional Services Actual Cost Fixed Fee 23 Zoning Clearance $190 Fixed Fee 24 Zoning Verification Letter/Re-Build Letter $570 Fixed Fee Planning - Development Services [g] Condition Compliance 25 Planning Condition Compliance Review 100% of original Map/PD deposit Deposit 26 Landscape Review & Inspection 100% of City cost + 15% admin fee Deposit 27 Lighting Plan Review & Inspection 100% of City cost + 15% admin fee Deposit 28 Violation (Penalty) Conditions of Approval 100% of Staff Time for Investigation & Enforcement Deposit Resolution No. 2023-____ Page 80 88 City of Moorpark PLANNING FEES Fixed Fee Deposit Charge Basis NoteFee Description Entitlement Applications 29 Appeal of Planning Commission Decision $3,800 Deposit 30 Conditional Use Permits (CUP) a) CUP for Restaurant Use with or without Beer/Wine, or for a Use Relocating from a Place within the City Where an Existing CUP Has Been Granted and There Is No Change in Use, only Location i) Initial Deposit $4,560 Deposit ii) Plus, Police Department Review $300 Fixed Fee b) CUP - All Other i) Initial Deposit $7,600 Deposit ii) Plus, Police Department Review $300 Fixed Fee 31 Development Agreement $45,600 Deposit 32 General Plan Amendment $7,600 Deposit 33 Planned Development Permit a) Commercial/Industrial – New Const. (< 50,000 SF) i) Initial Deposit $28,500 Deposit ii) Plus, Police Department Review $300 Fixed Fee b) Commercial/Industrial – New Const. (50,000 SF +) i) Initial Deposit $38,000 Deposit ii) Plus, Police Department Review $300 Fixed Fee c) Commercial: Conversion of Residence to Retail or Office in Downtown Specific Plan Area i) Initial Deposit $7,600 Deposit ii) Plus, Police Department Review $300 Fixed Fee d) Residential (fewer than 30 units) i) Initial Deposit $28,500 Deposit ii) Plus, Police Department Review $300 Fixed Fee e) Residential (30 units or more) i) Initial Deposit $38,000 Deposit ii) Plus, Police Department Review $300 Fixed Fee 34 Public Hearing Notice $2,280 Deposit 35 Specific Plan $57,000 Deposit 36 Tentative Parcel Map $10,450 Deposit 37 Tentative Tract Map a) Fewer than 30 lots $13,300 Deposit b) 30 or more lots $28,500 Deposit Resolution No. 2023-____ Page 81 89 City of Moorpark PLANNING FEES Fixed Fee Deposit Charge Basis NoteFee Description 38 Variance $7,600 Deposit 39 Vesting Tentative Tract Map $38,000 Deposit 40 Zone Change $7,600 Deposit 41 Zoning Ordinance Amendment $7,600 Deposit Environmental Documentation 42 Initial Study & Negative Declaration $7,600 Deposit 43 Environmental Analysis 100% of City cost + 15% admin fee Deposit [h] 44 Environmental Impact Report Supplement/Addendum $9,500 Deposit Special Studies and Reports 45 Special Studies, Reports, or Other Analysis 100% of City cost + 15% admin fee Deposit [h] Miscellaneous 46 Development Agreement – Annual Review $3,800 Deposit 47 Parcel Map Waiver, or Conditional Certificate of Compliance $9,500 Deposit Modifications 48 Modification of Existing Planned Development Permit a) Modification with No Substantial Change To Site Plan or Architectural Design Lesser of $10,000 or 80% of initial deposit amount Deposit b) Modification - All Other 80% of initial deposit amount Deposit Time Extension 49 Time Extension of Approval a) Staff Decision $1,140 Deposit b) Planning Commission or City Council Decision $3,040 Deposit Pre-Applications and General Plan Amendment Pre- 50 Pre-Application (Non-GPA)$1,900 Deposit 51 General Plan Amendment Pre-Screening $11,020 Deposit Technology Enhancement Fee 52 Technology Enhancement Fee 6% of Permit Fee Fixed Fee Other 53 Fees for Services Not Listed in this Fee Schedule Bill Hourly Using Real Time Billing Rates or Actual Cost + 15% Admin Fee Resolution No. 2023-____ Page 82 90 City of Moorpark PLANNING FEES Fixed Fee Deposit Charge Basis NoteFee Description [a] Initial deposit shall be calculated using base fee plus per lot fee. [h] Staff to provide estimated cost. [b] Fee amount established and limited by the State of California. [c] Rent review fee referenced here applies to cost-of-living increases only. [d] Includes five sign stickers. [e] Includes sixty sign stickers. [f] A deposit for police review expenses must be maintained and replenished on a monthly basis. Thrift shops owned and operated by 501(c)(3) non-profit organizations are exempt from providing daily police reports and the corresponding police review deposit. [g] City of Moorpark staff shall bill actual time spent on land use applications and other items eligible for cost recovery where a deposit is required at a real time cost accounting rate as established by the City Council. Additional deposits will be required when staff time charges are projected to exceed the deposit balance. Any remaining deposit amount left from entitlement processing shall be applied to condition compliance. Upon Certificate of Occupancy or Final Building Permit, when all permit review and processing has been completed, any remaining condition compliance deposits shall be returned after all costs are deducted for final processing. Resolution No. 2023-____ Page 83 91 City of Moorpark PUBLIC WORKS ENGINEERING AND ENCROACHMENT PERMIT FEES Fixed Fee Deposit Charge Basis Note Encroachment Permits 1 Application Fee $150 Fixed 2 Permit/Inspection Fees a) Curb, gutter, and/or sidewalk i) Base Fee, up to 100 Linear Feet $150 Fixed i) Each Additional linear foot $1 Fixed b) Residential Driveway (each opening)$150 Fixed c) Commercial Driveway (each opening)$300 Fixed d) Use of City ROW for Temporary Access to Private Property $150 Fixed e) Misc. Construction and/or Use of City ROW i) Base Fee $150 Fixed ii) Annual Citywide Permit $450 Fixed f) Placing and/or Relocation of Utility Poles i) Annual Citywide Permit $450 Fixed ii) Per Pole Fee $60 Fixed 3 Extension of Encroachment Permit $75 Fixed Excavation Permits 4 Application Fee $150 Fixed 5 Permit/Inspection Fees a) Percent of Construction Cost based on City Engineer's Bond Estimate Fee Spreadsheet 5% Fixed b) Annual Citywide Permit for Utility Trenches i) Base Fee $1,000 Fixed ii) Excavation permitted under Citywide Permit $60 Fixed [a] 6 Extension of Excavation Permit $75 Fixed Special Studies and Reports 7 Special Studies, Reports, or Other Analysis (e.g. Geology, Hydrology, SWPPP, WQMP, etc.) 100% of City cost + 15% admin fee Deposit Land Development Review 8 Land Development Review 100% of City cost + 15% admin fee Deposit Lot Line Adjustment 9 Lot Line Adjustment See Planning Fee Schedule Deposit Parking Permits 10 Replacement Guest Parking Permit $25 Fixed [c] Fee Description Resolution No. 2023-____ Page 84 92 City of Moorpark PUBLIC WORKS ENGINEERING AND ENCROACHMENT PERMIT FEES Fixed Fee Deposit Charge Basis NoteFee Description Small Wireless Facilities Within the City’s Right-of-Way 11 Application Fee a) First Small Cell Wireless Facility Site $3,030 Fixed b) Additional Sites (Second through Fourth) on Same Application - Per Site $2,758 Fixed c) Additional Sites (Fifth and Beyond) on Same Application - Per Site $2,258 Fixed 12 Application Fee for Co-Located Small Wireless Facility - Per Site $2,530 Fixed 13 Application Fee for New Pole to Support Small Wireless Facilities $1,000 Fixed 14 Annual Recurring Fee for Attachment to City-Owned Structure - Per Site $270 Fixed Stormwater/NPDES Annual Inspection and Re-Inspection Fees 15 Automotive $85 Fixed 16 Food $85 Fixed 17 Industrial Facility: Tier 1 (Non-Exposure)$85 Fixed [d] 18 Industrial Facility: Tier 2 (General Permit)$142 Fixed 19 Laundry: Tier 1 (General Public)$85 Fixed 20 Laundry: Tier 2 (Commercial)$142 Fixed 21 Nursery: Tier 1 (Less Than One Acre)$85 Fixed 22 Nursery: Tier 2 (One or More Acres) a) Up to 1 Acre $85 Fixed b) Each Additional Acre or Portion Thereof $9 Fixed 23 Other Facilities $115 Fixed [e] Subdivision Maps (Deposit) [f] 24 Tract or Parcel Map Processing Fee Deposit $600 25 Final Map, Parcel Map Check Fee Deposit a) Fixed Quality Control fee for technical correctness for the first three map checks and quality control only i) Base Fee $2,750 ii) Per Lot $75 b) Additional Checks Above Three Actual Cost + 15% Admin Fee Resolution No. 2023-____ Page 85 93 City of Moorpark PUBLIC WORKS ENGINEERING AND ENCROACHMENT PERMIT FEES Fixed Fee Deposit Charge Basis NoteFee Description Subdivision Plan Check, Inspection, and Engineering Reports [g] 26 Grading and Development Final Civil Improvements plan check fees are based upon the bond estimate of improvement costs according to the below schedule: a) $0-999 Improvement Costs $600 Fixed b) $1,000-9,999 Improvement Costs $600 + 15% of cost over $1,000 Fixed c) $10,000-49,999 Improvement Costs $3,800 + 10% of cost over $10,000 Fixed d) $50,000-99,999 Improvement Costs $11,400 + 5% of cost over $50,000 Fixed e) $100,000-999,999 Improvement Costs $15,200 + 2% of cost over $100,000 Fixed f) $1,000,000+ Improvement Costs $41,800 + 1% of cost over $1,000,000 Fixed 27 Subdivision and Other Major Improvement Plan Changes $0 Fixed [h] 28 Revisions to Approved Tentative Subdivision Map (Deposit)$1,000 Deposit 29 Inspection Fee deposits are based upon the bond estimate of improvement costs according to the below schedule: a) $0-999 Improvement Costs $600 Deposit b) $1,000-9,999 Improvement Costs $600 + 15% of cost over $1,000 Deposit c) $10,000-49,999 Improvement Costs $3,800 + 10% of cost over $10,000 Deposit d) $50,000-99,999 Improvement Costs $11,400 + 5% of cost over $50,000 Deposit e) $100,000-999,999 Improvement Costs $15,200 + 2% of cost over $100,000 Deposit f) $1,000,000+ Improvement Costs $41,800 + 1% of cost over $1,000,000 Deposit Resolution No. 2023-____ Page 86 94 City of Moorpark PUBLIC WORKS ENGINEERING AND ENCROACHMENT PERMIT FEES Fixed Fee Deposit Charge Basis NoteFee Description Transportation Permits 30 Permit Fee (per Vehicle Code)$16 Fixed 31 Annual Citywide Permit $90 Fixed 32 Extension of Transportation Permit $50 Fixed 33 Special Services Necessitated by Permit Actual Cost Fixed Technology Enhancement Fee 34 Technology Enhancement Fee 6% of Permit Fee Fixed Fee Emergency Call Outs 35 Emergency Call Outs Overtime Rate Billing Rate; 4 hour min. Fixed [i] Other 36 Fees for Services Not Listed in this Fee Schedule Bill Hourly Using Real Time Billing Rates or Actual Cost + 15% Admin Fee Fixed [i] Charges for emergency call outs shall be paid at the overtime rate, plus City overhead, for the positions responding for the time of the call out (Saturday, Sunday, Holiday, etc.). The charge for any emergency call out shall be based upon a minimum time of four hours per employee used, regardless of the actual length of time of the call out, for up to the first four hours used, and then at said applicable overtime rate, plus City overhead, for the actual number of hours worked if beyond four hours. Emergency call outs for the purposes of this fee shall be defined as providing personnel and equipment called to work at times when normal Public Works operations are secured. The number of plan checks covered by the above described fees shall be limited to three. The third plan submittal shall be checked to confirm that said plan submittal is correct and complete. Any additional plan checking efforts required shall be at a deposit of actual cost plus City overhead. [h] Fee is calculated as % of the estimate of costs of additional improvements, including work for which a grading permit must be obtained. If the actual cost (including City overhead) of plan checking exceeds the total fee deposits, the developer shall pay the actual cost (including City overhead). Actual cost shall include staff labor costs (plus City overhead), contract labor costs (plus City overhead), plus reimbursable expenses (i.e., reproductions, etc.). [a] Not exceeding two feet in width and sixty feet in length, dug at right angles to the centerline of the road, or an excavation not exceeding thirty sq. ft. in area. [b] Special submittals, investigations, reports, or reviews will require deposits based on the actual or anticipated actual cost (including City overhead). The above fees will cover one review and one follow-up review. Fees for additional reviews are to be paid on an actual time basis (including City overhead). [c] An owner or resident residing at an affected property may purchase a maximum of two Replacement Guest Parking Permits per parking permit period, unless approved otherwise by the City Manager or his/her designee. [d] Non-exposure industrial facilities, after they have received their first inspection and filed for Non-exposure status, shall not be charged additional inspection fees. Any industrial facility that fails to file for Non-exposure status shall continue to be inspected once every two years and continue to be charged the Tier 1 rate. [e] Other Facilities include US EPA Phase I and II Facilities; Municipal Landfills; Hazardous Waste Treatment, Disposal, and Recovery Facilities; and Emergency and Community Right-of-Know Act (EPCRA). [f] If the actual cost (including City overhead) of map checking exceeds the total fee deposits, the developer shall pay the actual cost (including City overhead). Actual cost shall include staff labor costs (plus City overhead), contract labor costs (plus City overhead), plus reimbursable expenses (i.e., reproductions, etc.). [g] Any substantial revisions (i.e. street alignments, pad sizes, pad elevation changes in excess of two feet) to approved tentative subdivision maps shall require City Council approval. A fee of $1,000 per sheet, not including any required planning fees, shall be required for any such application of map revision. Resolution No. 2023-____ Page 87 95 City of Moorpark COMMERCIAL FILMING AND PHOTOGRAPHY PERMIT FEES Fee Charge Basis Note 1 Commercial Film and Photography Permit a) Filming on Private Property Only i) Base Permit Fee $345 per application [a] ii) Per Location Fee $144 per location [a] iii) Per Day Fee $115 per day [a] b) Public Right-of-Way / City Property i) Base Permit Fee $460 per application [a] ii) Per Location Fee $201 per location [a] iii) Per Day Fee $345 per day [a] c) Still Photography Only $115 per application d) Parking Lot Rental i) Rental Rate $275 per day ii) Refundable Clean-up Deposit (discretionary)$1,000 per rental e) Police Department Review $300 per application f) Special Services Actual Cost to City Fee Description [a] If a film permit is issued for both private property and City property/right-of-way locations, the City property/right-of-way locations base permit fee shall be used. Per location fees and per day fees shall be calculated based on the number of private property and public property right-of-way locations used and days used. Resolution No. 2023-____ Page 88 96 City of Moorpark FACILITY RENTAL FEES GROUP 3: Residents of the Moorpark Unified School District boundaries that reside outside of the City’s incorporated limits, Moorpark businesses for commercial purposes, and non-Moorpark nonprofit organizations. - The designation of residents of the Moorpark Unified School District boundary applies to individuals living within the District boundaries but outside of the City’s incorporated limits. Proof of address is required. - The designation of non-Moorpark nonprofit organizations applies to nonprofit organizations with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code, chartered outside of the City of Moorpark and with no official chapters or branches located within the City of Moorpark. - The designation of a Moorpark business applies to businesses with an established address within the incorporated City boundary and with a current Moorpark Business Registration. GROUP 4: All other Renters not included in Groups 1, 2, or 3. Rental Group Classifications - The Rental is intended for, and open to, the general public. - No admission or entry fee is charged to attend the Rental. - The Rental spans no more than three (3) consecutive days, and is held no more than once per year. - Rental attendance is less than 2,000 people. GROUP 2: City residents and businesses for noncommercial purposes (no entrance fees or sales), certain nonprofit organizations based in the City of Moorpark, and governmental agencies serving the residents of the City of Moorpark, when the rental does not comply with the requirements of Group 1. - The designation of City of Moorpark resident applies to individuals who live within the incorporated Moorpark City boundary. Proof of residency is required. The designation of a Moorpark business applies to businesses with a physical address (no post office boxes) within the incorporated City of Moorpark boundary and with a current Moorpark Business Registration. - The designation of a Moorpark nonprofit organization applies to those with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code chartered within the limits of the City of Moorpark, or with an official branch or chapter located within the City of Moorpark. Proof of 501 (C) status is required. Purpose The purpose and intent of the City Council in adopting the Rental Group Classifications shall be to provide direction for staff and the public relating to the classification of groups and individuals renting City Facilities. Group Classification Definitions GROUP 1: Governmental agencies directly serving City residents when the Rental use is of direct benefit to City residents, and Moorpark nonprofit organizations with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code chartered within the limits of the City of Moorpark or with an official branch or chapter located within the City of Moorpark. Rentals by Moorpark nonprofit organizations must meet all of the following criteria in order to be categorized under Group 1: - The designation of governmental agency directly serving the residents of Moorpark applies, but is not limited, to the following agencies: Moorpark Unified School District, Moorpark College, Ventura County Water Works District I, County of Ventura, Ventura County Superintendent of Schools, and agencies of similar status as determined at the Director’s sole discretion. - For park field rentals, a minimum of 51% of those attending the rental must be City of Moorpark residents in order for the Renter to be classified under Group 2. Resolution No. 2023-____ Page 89 97 City of Moorpark FACILITY RENTAL FEES Payment Schedule Payment Schedule For Reservation Applications submitted more than thirty (30) calendar days in advance of the first rental date requested, and with rental fees exceeding $500.00, the Renter may submit partial payment of not less than $200.00, which will be applied toward the rental fees. Payment of all rental fees is due in full thirty (30) calendar days prior to the first rental date on the Rental Permit. Reservation dates on a Rental Permit may not span a time period of more than ninety (90) calendar days, except those Rental Permits issued to youth sports organizations for use under an agreement with the City. Security deposits must be paid in full at the time the Reservation Application is submitted. Fees for Reservation Applications submitted less than ten (10) business days in advance must be paid by credit card (Visa or MasterCard only), cashier’s check, money order, or cash. Personal checks will be accepted only when the Reservation Application is submitted ten (10) or more business days in advance. For all rentals with rental fees totaling $500.00 or less, full payment must be made at the time the Reservation Application is submitted. For Reservation Applications submitted thirty (30) calendar days or less before the first rental date requested, full payment must be made at the time the Reservation Application is submitted. Resolution No. 2023-____ Page 90 98 City of Moorpark FACILITY RENTAL FEES Group 1 Group 2 Group 3 Group 4 Hourly Park Rental Fees 1 Ballfield (softball or baseball)Direct Costs $22 $27 $32 2 Athletic Field (soccer or football)Direct Costs $22 $27 $32 3 Open Grass Area Direct Costs $10 $15 $20 4 Field lights $28 - $35 $35 $40 $45 5 Electricity (other than field lights)Direct Costs $5 $8 $12 6 Basketball Court (outdoor)Direct Costs $8 $12 $20 7 Tennis Court Direct Costs Direct Costs $8 $12 $15 8 Pickle Ball Court (each)Direct Costs $4 $8 $12 9 Multi-purpose court (AVCP*)Direct Costs $17 $22 $27 10 Horseshoe pit Direct Costs Direct Costs $8 $12 $20 11 Bocce ball court Direct Costs Direct Costs $8 $12 $20 12 Picnic table Direct Costs Direct Costs $5 $8 $12 13 Gazebo (Poindexter Park)Direct Costs $8 $12 $20 14 Small Pavilion (Campus, Campus, Canyon, Glenwood, Mountain, Meadows, Tierra Rejada. Maximum 75 people.) Direct Costs $20 $25 $40 15 Medium Pavilion (College View, Mammoth Highlands, Miller, Peach, Hill. Maximum 100 people.) Direct Costs $25 $35 $50 16 Large Pavilion (AVCP west, Poindexter. Maximum 175 people.) Direct Costs $40 $50 $75 17 Peppertree Pavilion (AVCP)Direct Costs $85 $105 $165 18 AVCP Recreational Trail Direct Costs $25 N/A N/A 19 Parking Lot (per space)Direct Costs $3 $5 $7 20 Parking Lot Small (<20 spaces)Direct Costs $20 $25 $30 21 Parking Lot Med (20-75 spaces)Direct Costs $30 $35 $45 22 Parking Lot Large (76+ spaces)Direct Costs $40 $50 $60 23 Skatepark (lessons, classes, camps)Direct Costs $25 $35 $50 24 Skatepark (events, exclusive use)Direct Costs $100 $150 $200 25 Snack Bar (AVCP)Direct Costs $15 $25 $250 26 Batting Cages (Poindexter Park)Direct Costs $8 $12 $20 * AVCP = Arroyo Vista Community Park Facility Rental Description As used in this resolution, “Direct Costs” shall be defined as measurable or quantifiable costs to the City resulting directly from the rental use, including but not limited to staff time, police costs, traffic control, etc. Resolution No. 2023-____ Page 91 99 City of Moorpark FACILITY RENTAL FEES Group 1 Group 2 Group 3 Group 4Facility Rental Description Hourly Indoor Facility Use Fees Arroyo Vista Recreation Center (AVRC) 27 Sycamore Room Direct Costs $65 $75 $85 28 Jacaranda and Cypress Room Direct Costs $50 $60 $70 29 Magnolia Conference Room Direct Costs $20 $30 $40 30 Kitchen Use Fee*Direct Costs $22 $32 $42 31 Gymnasium Use Fee Direct Costs $60 $70 $80 Community Center 32 Apricot Room Direct Costs $65 $75 $85 33 Citrus Room Direct Costs $45 $55 $65 34 Kitchen Use Fee*Direct Costs $22 $32 $42 *AVRC and Community Center Kitchen Use Fee is calculated hourly in conjunction with a room rental. (Kitchen may not be rented by itself.) Equipment Use Fees 35 Table (each)$5 $5 $5 $5 36 Chair (each)$0.25 $0.25 $0.25 $0.25 37 Stage (per section)$25 $25 $25 $25 Flat Rate Fees Permit Application Fees (Nonrefundable) 38 Single Date/Single Facility $0 $15 $15 $15 39 Single Date/Multiple Facilities or Multiple Dates/Single Facility $0 $25 $25 $25 40 Multiple Dates/Multiple Facilities $0 $40 $40 $40 $0 $40 $40 $40 41 Sports Tournaments 500-1,999 total attendance $0 $50 $75 $100 42 Sports Tournaments 2,000+ total attendance $0 $75 $100 $125 43 Events 500 -1,999 total attendance $0 $50 $75*$100* 44 Large Events 2,000+ total attendance $0 $75 $100*$125* 45 Youth Sports Organization Seasonal Permit (fee is per field)n/a $10 n/a n/a *Rental also requires payment of 10% of event gross receipts Resolution No. 2023-____ Page 92 100 City of Moorpark FACILITY RENTAL FEES Group 1 Group 2 Group 3 Group 4Facility Rental Description Other Flat Rate Fees 46 Refund Processing Fee (to process a Rental cancellation/refund) $0 $15 $15 $15 47 Attraction/Performer Permit Fee (Pre-approved company)$0 $10 $10 $10 48 Attraction/Performer Permit Fee* (All others)$30 $50 $75 $100 49 Late Fee (for applications submitted less than 3 business days in advance) $0 $20 $20 $20 50 Change Fee (for renter requested changes to approved permits. Fee is per facility and date, not to exceed Permit Application Fee. Changes must be made (5) business days prior to rental date.) $0 $5 $5 $5 51 Field Preparation Fee $40 $50 $60 $75 52 Soccer Goal Rental*$25 $35 $45 $60 53 Softball/Baseball Base Rental*$10 $15 $20 $25 54 Vendor Fee (per vendor)$0 $25 $50 $75 55 Alcohol Permit Fee $0 $50 $75 $100 56 Parking Lot Small (<20 spaces)**$0 $140 $175 $225 57 Parking Lot Med (20-75 spaces)**$0 $200 $250 $325 58 Parking Lot Large (76+ spaces)**$0 $275 $350 $450 59 Parking Lot w/ Film Permit***N/A $250 $250 $250 * Security deposit also required ** Rate is per day *** Rate applies to unimproved parking lots and improved parking lots not associated with a public park or building. Improved parking lots associated with public parks and buildings will be charged at the daily rate stated above for the parking lot size, or $250, whichever is higher. Resolution No. 2023-____ Page 93 101 City of Moorpark FACILITY RENTAL FEES Security Deposits 60 Soccer Goals 61 Softball/Baseball Bases 62 Attractions, Performers, Equipment (except City preauthorized) 63 Stage (Indoor use only) 64 Snack Bar 65 Park Rentals 51+ attendance 66 Park Rentals 200+ attendance, Indoor Rentals 67 Park Rentals 500+ attendance, Rentals w/alcohol, AVRC Gym 68 Park Rentals 2,000+ attendance 69 Attraction Company Deposit $500 $100 $500 $100 $300 $500 $1,000 Facility Rental Description $100 $100 $100 Refundable Security Deposits Security deposit amount(s) shall be collected to ensure return of rented equipment and protection of City property. All or a portion of the deposit may be retained for the reasons specified in the City Council’s Resolution Adopting Rules and Regulations Governing City Park Rentals. All Groups Resolution No. 2023-____ Page 94 102 City of Moorpark FACILITY RENTAL FEES 70 Cancellation Fee 71 Staff Fees for Setup, Breakdown, and Cleanup 72 Police Service Fees 73 Contract Security Guards 74 Insurance Fees 75 Other Charges F. Other Charges: The City reserves the right to make adjustments or impose additional fees on a case-by-case basis as a determination of the approval of a Rental Permit pursuant to Moorpark Municipal Code Section 12.16.140 and the current City Council Resolution Adopting Rules and Regulations Governing City Facility Rentals. Additional charges may be levied for rental requests containing unusual activities or accommodations as determined by the Director. D. Insurance Fees: For Rentals which require insurance in accordance with the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals, insurance fees shall be charged to the Renter in accordance with current rates as established by the City’s insurance provider. Insurance fees may be waived if insurance documentation is provided, including certificate of liability insurance and endorsement naming the City of Moorpark as additional insured, in accordance with the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals. Additional Charges Additional Charges Over the Basic Rate are as Follows: E. Large Event and Large Venue Waste Management: Consistent with Article V of Chapter 8.36, Solid Waste, of the City’s Municipal Code, all large events and large venues, as defined in Chapter 8.36, are subject to the requirements of that Chapter, including the requirement for a waste management plan and a waste management fee as established by resolution of the City Council. C. Contract Security Guards: Fees for private Security Guards may be charged for any rental requiring Security Guards, as determined necessary by the Director. The fee for Security Guards shall be the City’s current hourly contract rate + 15%. A. Staff Fees: Staff fees will be charged when staff is required for additional set up, breakdown, or cleanup beyond normal time requirements, for tournaments, for indoor Rentals with 100 or more total attendance and park Rentals with 200 or more total attendance, for Rentals with alcoholic beverages, or for special circumstances as described in the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals. Staff fees shall be charged in accordance with the current billing rate established by the City Council, as follows: - Part-time staff: Hourly rate equivalent to the current billing rate for the Park and Facility Attendant III position. - Full-time staff: Hourly rate equivalent to the current billing rate for the applicable position. B. Police Services Fees: Fees for Police service may be charged for any rental requiring Police services, as determined necessary by the Director. For all Groups, the Police service fee shall be consistent with the City Council’s Resolution Establishing Police Service Fees (hourly rate plus a fifteen percent City general government overhead cost). Cancellation Fees and Additional Charges All Groups Cancellation Fees Rental fee refunds for cancellations by the Renter are subject to the provisions established in the City Council’s Resolution Adopting Rules and Regulations Governing City Facility Rentals, which includes description of deductions for the Processing Fee and Cancellation Fee. The amount of the Processing Fee is included under Flat Rate Fees. 50% of Rental Fees Based upon Staff Billing Rates City Contract Rate + 15% Overhead Cost City Contract Rate + 15% Overhead Cost City Contract Rate As Determined by Parks and Recreation Director Resolution No. 2023-____ Page 95 103 City of Moorpark ELECTRICAL USE FEES - VEHICLE CHARGING AND COURT LIGHTING RATES Fee Charge Basis Note Electric Vehicle Supply Equipment (EVSE) Fees 1 Blink EVSE - Rates for use of the Blink EVSE are predetermined by ECOtality North America, Currently: a) Blink Plus $1.00 per hour b) Blink Basic $1.50 per hour c) Blink Guest $2.00 per hour 2 ChargePoint EVSE or Other EVSE - Rates are equivalent to the lowest subscription level offered by ECOtality North America, Currently: a) City Vehicles $0.00 per hour b) All Other Vehicles $1.00 per hour Lighting Fees 3 Basketball Court Light Fee $0.50 per quarter hour 4 Tennis Court Light Fee $0.50 per quarter hour Fee Description Resolution No. 2023-____ Page 96 104 City of Moorpark LIBRARY SERVICES FEES Fee Charge Basis Note Library Fees 1 Replacement Library Card $1 each 2 Non California Resident Library Card $25 annually 3 Copies (Black and White, 8½” x 11”)$0.10 per page 4 Copies (Color, 8½” x 11”)$0.25 per page 5 Prints (Black and White, 8½” x 11”)$0.15 per page 6 Prints (Color, 8½” x 11”)$0.50 per page 7 3D Printer Use (based on weight of printed price) a) Processing Fee $1 b) Cost per Gram $0.05 8 USB Flash Drive 1GB $5 each 9 Processing Fee for Lost/Damaged Material $10 per item 10 Replacement Audio Book (Book on CD) Cases $10 each 11 Replacement Jewel Case or DVD Case $1 each 12 Missing Barcode $1 each 13 Inter-Library Loan Fee varies based on lending library fee 14 Lost Item varies borrower to pay full cost of item 15 Returned Check $25 per occurrence 16 Delinquent Account Referred to Collection Agency $10 per occurrence 17 Library Late Fees No Charge Fee Description Resolution No. 2023-____ Page 97 105 City of Moorpark POLICE SERVICES FEES Fee Charge Basis Note Standard Police Service Fees [a] 1 Captain Annual Cost/1,800 per hour* + 15% 2 Sergeant Annual Cost/1,800 per hour* + 15% 3 Senior Deputy Annual Cost/1,800 per hour* + 15% [b] 4 Deputy Annual Cost/1,800 per hour* + 15% [b] 5 Cadet Annual Cost/900 per hour* + 15% Overtime Police Service Fees [a] 6 Sergeant Annual Overtime Rate per hour* + 15% 7 Senior Deputy Annual Overtime Rate per hour* + 15% [b] 8 Deputy Annual Overtime Rate per hour* + 15% [b] 9 Cadet Annual Overtime Rate per hour* + 15% Administrative Police Fees for Towing 10 A fee of $200.00 will be assessed for each person who owns a vehicle which is towed for impound or storage purposes, pursuant to this resolution. $200 11 A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. 10% False Alarm Billing Rates 12 False Alarm Responses Within a Period of Twelve (12) Consecutive Months Starting Each January 1 and Ending Each December 31 a) First Response $0 b) Second Response $0 c) Third Response $0 d) Fourth Response $200 e) Fifth Response $300 f) Sixth Response $400 g) Seventh Response $500 h) Eighth Response $600 i) Ninth and Greater Response $700 [b] Beat Coordinator hours are billed at either the Senior Deputy or Deputy Rate as applicable. Fee Description Note: A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. Note: A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. * As calculated from the latest annual contract and services rates adopted by the Ventura County Board of Supervisors for the Ventura County Sheriff’s Office. [a] These rates include fifteen percent (15%) City general government overhead. Resolution No. 2023-____ Page 98 106 City of Moorpark PARKING CITATIONS Fine Charge Basis Note 1 MMC 10.04.150: Parallel Parking over 18” from the Curb $63 per citation 2 MMC 10.04.160: Angle Parking Only Zone $63 per citation 3 MMC 10.04.170: Time Limit Parking Zones $63 per citation 4 MMC 10.04.180: Block, Park, or Stop in a “Disabled Person” Space $355 per citation 5 MMC 10.04.190(a): Prohibited Parking within an Intersection $63 per citation 6 MMC 10.04.190(b): Prohibited Parking on a Crosswalk (Except for a Bus)$63 per citation 7 MMC 10.04.190(c): Prohibited Parking within a Safety Zone $63 per citation 8 MMC 10.04.190(d): Prohibited Parking within 15’ from a Fire Station Entrance/Exit $63 per citation 9 MMC 10.04.190(e): Prohibited Parking: Unattended Vehicle within 15’ of Fire Hydrant $63 per citation 10 MMC 10.04.190(f): Prohibited Parking in Front of a Private or Public Driveway $63 per citation 11 MMC 10.04.190(g): Prohibited Parking on a Sidewalk $63 per citation 12 MMC 10.04.190(h): Prohibited Parking Obstructing a Construction Zone $63 per citation 13 MMC 10.04.190(i): Prohibited Parking: Double Parking $63 per citation 14 MMC 10.04.190(j): Prohibited Parking: No Parking Zone, Red Curb, or Signs Prohibiting $63 per citation 15 MMC 10.04.190(k): Prohibited Parking: Traffic Hazard $63 per citation 16 MMC 10.04.190(l): Prohibited Parking across Parallel Parking Stall Lines $63 per citation 17 MMC 10.04.190(m): Prohibited Parking beyond Parking Stall Causing Hazard $63 per citation 18 MMC 10.04.190(n): Prohibited Parking in a Bus Loading Zone $63 per citation 19 MMC 10.04.190(o): Prohibited Parking on a Bridge $63 per citation 20 MMC 10.04.190(p): Prohibited Parking: Block Sidewalk Curb Cutout for a Wheelchair Access $63 per citation 21 MMC 10.04.200: Prohibited or Restricted Parking $63 per citation 22 MMC 10.04.205: Oversized Vehicle in Prohibited Location $63 per citation 23 MMC 10.04.210: Parking on a Hill over 3% Grade without Turning Wheels $63 per citation 24 MMC 10.04.220: 72 Hour Parking Limit $63 per citation 25 MMC 10.04.225: Overnight Parking in a Commercial Zone $63 per citation 26 MMC 10.04.227: Living in a Vehicle $63 per citation 27 MMC 10.04.240(a): Commercial Vending near Schools $63 per citation Fee Description Resolution No. 2023-____ Page 99 107 City of Moorpark PARKING CITATIONS Fine Charge Basis NoteFee Description 28 MMC 10.04.240(c): Commercial Vending with Noise-Making Device near School $63 per citation 29 MMC 10.04.250: Parking or Stopping in a Loading Zone $63 per citation 30 MMC 10.04.260: Parking or Stopping in a Passenger Loading Zone $63 per citation 31 MMC 10.04.300: Commercial Vehicle Parking in Residential Area $63 per citation 32 Late Penalty Fee (after 14 days of mailing of parking violation) $10 per citation 33 Convenience Fee for Online/Telephone Payments $4 per citation 34 Administrative Fee in lieu of collecting a fine for a citation for failure to display a disabled placard, where the individual who received the citation can show proof that he/she had been issued a valid placard at the time the citation was received $25 per citation 35 California DMV Administrative Service Fee for recording the Notice of Delinquent Parking/Toll Violation on vehicle registration $4 per citation 36 Indigent Payment Plan Fee $5 per citation Resolution No. 2023-____ Page 100 108 City of Moorpark REAL TIME BILLING RATES - FULL TIME POSITIONS Regular Rate Overtime Rate Charge Basis Note 1 City Manager $285 Per Hour 2 Assistant City Manager $250 Per Hour 3 Deputy City Manager $240 Per Hour 4 Administrative Services Director $230 Per Hour 5 City Engineer/Public Works Director $230 Per Hour 6 Community Development Director $230 Per Hour 7 Finance Director $230 Per Hour 8 Parks and Recreation Director $230 Per Hour 9 Public Works Director $230 Per Hour 10 Assistant to the City Manager/City Clerk $205 Per Hour 11 City Engineer $205 Per Hour 12 Planning Director $205 Per Hour 13 Assistant City Engineer $185 Per Hour 14 Deputy Community Development Director $185 Per Hour 15 Deputy Finance Director $185 Per Hour 16 Assistant to the City Manager $170 Per Hour 17 Budget and Finance Manager $170 Per Hour 18 City Clerk $170 Per Hour 19 Community Services Manager $170 Per Hour 20 Economic Development and Planning Manager $170 Per Hour 21 Information Systems Manager $170 Per Hour 22 Parks and Landscape Manager $170 Per Hour 23 Planning Manager $170 Per Hour 24 Public Works Manager $170 Per Hour 25 Senior Civil Engineer $170 Per Hour 26 Administrative Services Manager $155 Per Hour 27 Economic Development and Housing Manager $155 Per Hour 28 Economic Development Manager $155 Per Hour 29 Finance /Accounting Manager $155 Per Hour 30 Human Resources Manager $155 Per Hour 31 Program Manager $155 Per Hour 32 Recreation Services Manager $155 Per Hour 33 Accountant II $140 Per Hour 34 Associate Civil Engineer $140 Per Hour 35 Landscape/Parks Maintenance Superintendent $140 Per Hour 36 Principal Planner $140 Per Hour Position Resolution No. 2023-____ Page 101 109 City of Moorpark REAL TIME BILLING RATES - FULL TIME POSITIONS Regular Rate Overtime Rate Charge Basis NotePosition 37 Public Works Superintendent/Inspector $140 Per Hour 38 Senior Housing Analyst $140 Per Hour 39 Senior Human Resources Analyst $140 Per Hour 40 Senior Information Systems Administrator $140 Per Hour 41 Senior Management Analyst $140 Per Hour 42 Accountant I $125 Per Hour 43 Active Adult Center Supervisor $125 Per Hour 44 Assistant City Clerk $125 Per Hour 45 Assistant Engineer $125 Per Hour 46 Human Resources Analyst $125 Per Hour 47 Information Systems Administrator $125 Per Hour 48 Management Analyst $125 Per Hour 49 Parks and Facilities Supervisor $125 Per Hour 50 Public Works Supervisor $125 Per Hour 51 Purchasing Analyst $125 Per Hour 52 Recreation Supervisor $125 Per Hour 53 Associate Planner II $115 $175 Per Hour 54 Human Resources Specialist $115 $175 Per Hour 55 Recreation Specialist $115 $175 Per Hour 56 Senior Account Technician II $115 $175 Per Hour 57 Vector/Animal Control Specialist $115 $175 Per Hour 58 Associate Planner I $105 $160 Per Hour 59 Active Adult Center Coordinator $100 $150 Per Hour 60 Administrative Specialist $100 $150 Per Hour 61 Deputy City Clerk II $100 $150 Per Hour 62 Executive Secretary $100 $150 Per Hour 63 Human Resources Assistant $100 $150 Per Hour 64 Recreation Coordinator III $100 $150 Per Hour 65 Senior Account Technician I $100 $150 Per Hour 66 Account Technician II $95 $145 Per Hour 67 Assistant Planner $95 $145 Per Hour 68 Code Compliance Technician II $95 $145 Per Hour 69 Information Systems Technician II $95 $145 Per Hour 70 Vector/Animal Control Technician II $95 $145 Per Hour 71 Facilities Technician $90 $135 Per Hour 72 Landscape Maintenance Inspector $90 $135 Per Hour Resolution No. 2023-____ Page 102 110 City of Moorpark REAL TIME BILLING RATES - FULL TIME POSITIONS Regular Rate Overtime Rate Charge Basis NotePosition 73 Administrative Assistant II $90 $135 Per Hour 74 Community Services Technician $90 $135 Per Hour 75 Deputy City Clerk I $90 $135 Per Hour 76 Landscape Maintenance Specialist $85 $130 Per Hour 77 Recreation Coordinator II $85 $130 Per Hour 78 Senior Maintenance Worker $85 $130 Per Hour 79 Vector/Animal Control Technician I $85 $130 Per Hour 80 Account Technician I $85 $130 Per Hour 81 Information Systems Technician I $85 $130 Per Hour 82 Administrative Assistant I $80 $120 Per Hour 83 Code Compliance Technician I $80 $120 Per Hour 84 Irrigation Specialist $80 $120 Per Hour 85 Planning Technician $80 $120 Per Hour 86 Maintenance Worker III $80 $120 Per Hour 87 Crossing Guard Supervisor $75 $115 Per Hour 88 Office Assistant III $75 $115 Per Hour 89 Public Works Technician $75 $115 Per Hour 90 Recreation Coordinator I $75 $115 Per Hour 91 Maintenance Worker II $70 $105 Per Hour 92 Recreation Program Specialist $70 $105 Per Hour 93 Teen Coordinator $70 $105 Per Hour 94 Account Clerk II $70 $105 Per Hour 95 Recreation Leader IV $70 $105 Per Hour 96 Recreation Assistant II $65 $100 Per Hour 97 Account Clerk I $65 $100 Per Hour 98 Office Assistant II $65 $100 Per Hour 99 Recreation Assistant I $60 $90 Per Hour 100 Maintenance Worker I $60 $90 Per Hour 101 Office Assistant I $55 $85 Per Hour Resolution No. 2023-____ Page 103 111 City of Moorpark REAL TIME BILLING RATES - PART TIME POSITIONS Regular Rate Overtime Rate Charge Basis Note 1 Project Administrator IV $185 $280 Per Hour 2 Project Administrator III $150 $225 Per Hour 3 Project Administrator II $110 $165 Per Hour 4 Project Administrator I $70 $105 Per Hour 5 Preschool Director $40 $60 Per Hour 6 Preschool Teacher $40 $60 Per Hour 7 Camp Director $35 $55 Per Hour 8 Senior Nutrition Coordinator $35 $55 Per Hour 9 Solid Waste & Recycling Assistant $35 $55 Per Hour 10 Assistant Camp Director $35 $55 Per Hour 11 Parks & Facilities Attendant III $35 $55 Per Hour 12 Intern $35 $55 Per Hour 13 Records Clerk $30 $45 Per Hour 14 Recreation Leader II $30 $45 Per Hour 15 Parks & Facilities Attendant II $30 $45 Per Hour 16 Camp Counselor II $30 $45 Per Hour 17 Clerical Aide/Crossing Guard $30 $45 Per Hour 18 Preschool Aide $30 $45 Per Hour 19 Crossing Guard $30 $45 Per Hour 20 Clerical Aide II $30 $45 Per Hour 21 Recreation Leader I $30 $45 Per Hour 22 Parks & Facilities Attendant I $30 $45 Per Hour 23 Camp Counselor I $30 $45 Per Hour 24 Clerical Aide I $30 $45 Per Hour Position Resolution No. 2023-____ Page 104 112 12853-0001\2812494v12.doc ORDINANCE NO. 517 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING AN UPDATED AND AMENDED DEVELOPMENT IMPACT FEE PROGRAM FOR THE IMPOSITION OF IMPACT FEES ON NEW DEVELOPMENT PROJECTS, AMENDING CHAPTER 3.36 OF THE MOORPARK MUNICIPAL CODE, AND MAKING DETERMINATIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding the public facilities necessary to serve that new development; and WHEREAS, the City desires to update existing impact fees and expand the categories of fees that the City seeks to impose on new development to more fully and appropriately fund the costs associated with increased demand for certain public facilities throughout the City; and WHEREAS, Article II of Chapter 3.36 of the Moorpark Municipal Code provides for a Police Facilities Fee on certain new construction where the City Council has determined the need to collect fees to mitigate impact on existing police facilities and the City desires to amend the Police Facilities Fee; and WHEREAS, Article III of Chapter 3.36 of the Moorpark Municipal Code provides for a Library Facilities Fee on certain new construction where the City Council has determined the need to collect fees to mitigate impact on existing library facilities and the City desires to amend the Library Facilities Fee; and WHEREAS, the City Council has determined the need to collect fees on new residential construction to mitigate impact on park and recreation facilities and fund park and recreation facility development costs and the City desires to amend the Parks and Recreation Fee program to accomplish that purpose; and WHEREAS, the need to collect fees on new residential construction to mitigate the impact on park and recreation facilities and to fund park and recreation facility development costs, is separate from, and in addition to, the fees and costs to acquire land to be used for park purposes, which fees and costs for land acquisition are provided by the City’s Quimby Act Ordinance as provided in Chapter 16.44 of the Moorpark Municipal Code; and WHEREAS, the City desires to adopt a City Hall Improvements Fee on new development to fund the costs associated with increased demand for City Hall facilities created by that new development; and WHEREAS, the City desires to combine multiple transportation related impact fees into one Citywide Transportation Fee on new development to fund the costs associated with increased demand for transportation facilities created by that new development; and ATTACHMENT 2 113 Ordinance No. 517 Page 2 12853-0001\2812494v12.doc -2- WHEREAS, it is appropriate for new development to pay for improvements and developments proportionate to the demands the new development places on the City’s public infrastructure; and WHEREAS, pursuant to Government Code Section 66001, the City prepared a study entitled “Moorpark Development Impact Fee Study Update, May 2023,” which is defined herein as the “Nexus Study” to identify the purpose of each existing or proposed new fee, the use to which the fee is to be put, establish and explain how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is to be imposed, and 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 to the development on which the fee is imposed; and WHEREAS, the currently existing and proposed impact fees have been updated to reflect the needs of the City related to new development and to otherwise comply with the requirement of the Mitigation Fee Act, including but not limited to Government Code Section 66001 et seq.; and WHEREAS, pursuant to Government Code Sections 66016, 66016.5, 66018, and 6062a, the City must adopt the specific fees only after notice and public hearing; and WHEREAS, pursuant to Government Code Section 6062a, a notice of a public hearing on the proposed fee update was published on May 7, 2023 in the Ventura County Star, a newspaper of general circulation; and WHEREAS, pursuant to Government Code Sections 66016.5, notice of the time and place of the meeting, including a general explanation of the matters to be considered and a statement that required data is available was provided at least thirty (30) days prior to the meeting to those members of the public who filed a written request with the City; and WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code Section 66000, et. seq.; and WHEREAS, the City Council considered and by Resolution No. 2023-____ adopted the Nexus Study that contains and addresses all the required contents required by the Mitigation Fee Act, including the demonstration of the reasonable relationship between the proposed fee’s use and the type of development project on which the fee will be imposed; and WHEREAS, on July 19, 2023 the City Council held a noticed public hearing to consider the City’s proposed new development fees at which time all interested persons were given an opportunity to comment. 114 Ordinance No. 517 Page 3 12853-0001\2812494v12.doc -3- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct. SECTION 2. Findings. The City Council makes the following additional findings: A. The City Council finds, after consideration of the evidence presented to it including the “Nexus Study” that certain amendments and additions to Chapter 3.36 of the Moorpark Municipal Code are necessary in order to assure that there are sufficient funds available to finance the public facilities necessary to serve new development within the City of Moorpark through the imposition, collection and use of development impact fee impact fees; and B. The City Council finds based on the evidence presented at the public hearing, and consistent with the City's General Plan, that the imposition of impact fees on all development within the City of Moorpark for which building permits have not been issued prior to the effective date of the fees is necessary in order to protect the public health, safety and welfare by providing for the public facilities and services to assure effective implementation of the City's General Plan; and C. The City Council finds that the amount of the amended fees imposed by this Ordinance and specified in the Fee Resolution to be adopted in connection with this Development Impact Fee Program, does not exceed the estimated cost of providing the public facilities. SECTION 3. Environmental review. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”). This action is not a project within the meaning of the CEQA Guidelines Section 15378(b)(4) and 15061(b)(3) as it has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the City to any specific project, and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with CEQA when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (see CEQA Guidelines, Section 15004(b)(1)). Pursuant to CEQA Guidelines Section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause significant effect on the environment, is not defined as a “project” under CEQA. Therefore, approval of the fees and/or charges is not a “project” for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a “project” under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the fees and/or charges may have a significant effect on the environment. 115 Ordinance No. 517 Page 4 12853-0001\2812494v12.doc -4- SECTION 4. Chapter 3.36 of Title 3 of the Moorpark Municipal Code is hereby amended to be renamed “Development Impact Fees.” SECTION 5. Article II (Police Facilities Fee) and Article III (Library Facilities Fee) of Chapter 3.36 of Title 3 of the Moorpark Municipal Code are hereby amended to read as set forth in Attachment 1, attached hereto, and incorporated herein by reference. SECTION 6. Article IV (City Hall Improvements Fee), Article V (Citywide Transportation Fee), and Article VI (Parks and Recreation Facilities Fee) are hereby added to Chapter 3.36 of Title 3 of the City of Moorpark Municipal Code, to read as set forth in Attachment 2, attached hereto, and incorporated herein by reference. SECTION 7. Article VII (Art in Public Places Fee) is hereby added to Chapter 3.36 of Title 3 of the City of Moorpark Municipal Code, to read as set forth below: “Article VII. Art in Public Places Fee 3.36.540. Projects meeting the requirements of Section 17.50.050 are subject to the Art in Public Places fee set forth in Chapter 17.50.” SECTION 8. Projects Not Subject to New Fees. Notwithstanding anything in this Ordinance or Resolution No. 2023-____ to the contrary, the development impact fees established in this Ordinance in the amounts set forth in Resolution No. 2023-___. SECTION 9. Actions to effectuate and codification. The City Manager is hereby authorized and directed to take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate this ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to resolve any numbering conflicts accordingly. SECTION 10. Severability. Should any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 11. Effective date. This ordinance shall be in full force and effective thirty (30) days after its passage and adoption, and shall be published or posted as required by law. 116 Ordinance No. 517 Page 5 12853-0001\2812494v12.doc -5- SECTION 12. Publication. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Moorpark, California and shall enter the same in the book of original ordinances of said City; shall make a written record of the sage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish a notice of adoption in the manger required by law. PASSED AND ADOPTED this _______ day of ______, 2023. Chris R. Enegren, Mayor ATTEST: _____________________________ Ky Spangler, City Clerk Attachment 1 – Articles II and III of Chapter 3.36 Attachment 2 – Articles IV, V, VI of Chapter 3.36 117 Ordinance No. 517 Page 6 12853-0001\2812494v12.doc ATTACHMENT 1 “ARTICLE II. POLICE FACILITIES DEVELOPMENT IMPACT FEE Sections: 3.36.080 Definitions. 3.36.090 Police facilities fee. 3.36.100 Fee required. 3.36.110 Exemption or reduction.. 3.36.120 Use of police facilities fee. 3.36.130 Fee amount applicable to pending projects. 3.36.140 Periodic adjustment to fee amount. 3.36.150 Appeals and refund of fee. 3.36.080 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them below: “Building official” means community development director. “Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of this Code, ordinances, and conditions of approval. “City” means incorporated city of Moorpark. “City council” means city council of the city of Moorpark. “Floor space” means “floor area” as the latter term is defined in Section 407 of the Uniform Building Code. “MPSC” means the Moorpark Police Service Center which was completed in 2005. “New construction,” when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. “Police station” means a building (including furnishings, fixtures and appurtenances) and site which is designed, developed and used to provide the full spectrum of police services for the city. 118 Ordinance No. 517 Page 7 12853-0001\2812494v12.doc 3.36.090 Police facilities impact fee. A. New residential and nonresidential development in the city has attracted and will continue to attract employees and residents to the city, and there is a causal connection between such development projects and the increased need for police facilities. B. Failure to enhance the ability of the city's police facilities system to accommodate additional service calls will make it more difficult for residents, employers, and employees to obtain the police services they need. C. Sources of city revenue other than police facilities development impact fees, including tax revenues that will be paid by new residential and nonresidential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on police facilities created by new development. D. It is the intent of the city to require every person or organization that develops land to mitigate the impacts of that development on the city's police facilities system. The city may therefore require developers to mitigate police facilities impacts caused by their development and to pay a police facilities development impact fee that will be used to mitigate those impacts by constructing police facilities, as applicable. The purpose of the police facilities fee is to fund new development’s fair-share portion of new police facilities, such as the outstanding debt incurred when constructing the MPSC and new police vehicles and officer equipment required for the additional police officers that are necessary to mitigate the impacts of new development. 3.36.100 Fee required. A. Except as provided in section 3.36.110 of this Chapter, the required police facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the police facilities fee to be paid shall be in accordance with an adopted Nexus Study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed. B. For non-residential development projects, the required police facilities fee shall be due and paid on a lump-sum basis upon issuance of the building permit as a condition precedent to the issuance of any building permit for new construction. For residential development projects, the fees shall be paid at the time of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless earlier payment is permitted by Government Code Section 66007. For residential projects with 10 or more units, the fees will be due at the time of the final inspection, or the date the certificate of occupancy is issued, whichever comes first, for the entire building in which the units are located, unless payment is permitted earlier pursuant to Government Code Section 66007. C. The community development director, or his or her designee, shall be responsible for calculating the amount of the police facilities fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the police facilities fee. All residential projects will pay a 119 Ordinance No. 517 Page 8 12853-0001\2812494v12.doc fee based on the livable square footage of the residential unit(s). In calculating such fee, the community development director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For high- density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. 3.36.110 Exemption or reduction. A. The following uses and types of development may be exempted from the payment of police facilities fees: 1. Construction which does not increases the number of dwelling units on a given lot, such as remodeling or rebuilding existing units. 2. Accessory dwelling units that are less than 750 square feet. For an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit to be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time. 3. The remodeling or rebuilding of an existing nonresidential structure, provided the remodeling or rebuilding does not do any of the following: i. Increase the square footage of the structure above that of the previously existing structure; ii. Change the use to which the property or structure is to be put; or iii. Increase the average daily trips generated from the property above the amount generated by the prior use of the property. 4. Additions. For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion beyond the current square footage of the structure. 5. Disaster. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. 6. Publicly owned facilities, including, without limitation, public libraries, public administration facilities, public parks, public utilities, schools, police, fire, and safety facilities, and related facilities. 120 Ordinance No. 517 Page 9 12853-0001\2812494v12.doc B. A developer may be exempted or allowed a reduction in fees from the police facilities fee requirements if the developer proposes a specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City Manager or designee will review the development’s impacts to determine the applicable fees. The fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. C. A developer may be exempted or allowed a reduction in fees from the police facilities fee requirements if the developer enters into a development agreement with the City pursuant to which police facilities fees are assessed to the developer, or equivalent or comparable police facilities improvements are implemented by the developer. D. A developer may be entitled to a reduction in the amount of the police facilities fee required if the developer contributes to police facilities for purposes of which the fee is collected as provided in the adopted Nexus Study. The police facilities fee may be reduced by the amount of police facilities improvement costs that would be reasonably incurred by the city in building those same police facilities improvements. The amount of such reduction shall be subject to the approval of the community development director, with concurrence from the police chief, prior to contribution toward the police facilities. E. A developer may be entitled to a reduction in the amount of the police facilities fee required if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current police facilities plan, the most current capital improvement plan, or the annual budget process, as applicable. The police facilities fee may be reduced by the amount of the total assessment placed upon the development for the costs of police facilities improvements. The amount of such reduction shall not exceed the amount of the police facilities development impact fee required. F. If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the police facilities fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 3.36.120 Use of Police Facilities fee. All police facilities fees collected pursuant to Section 3.36.090 shall be deposited in a restricted account within the city treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used to fund new development’s fair-share portion of the police facilities, which includes paying off the debt owed on the MPSC as well as new vehicles and equipment required to serve new development, or portions thereof, from which the fees were collected. 121 Ordinance No. 517 Page 10 12853-0001\2812494v12.doc 3.36.130 Fee Amount Applicable to Pending Projects. An applicant subject to the payment of police facilities fees required must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is the amount specified by resolution of the city council, as amended from time to time. The fee imposed on new construction for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due. 3.36.140 Periodic Adjustment to Fee Amount. The amount of the police facilities development impact fee shall be automatically adjusted annually for inflation on July 1st of each year using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available, as specified in the resolution that adopts the fee supported by the required studies prepared and adopted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.). 3.36.150 Appeals and refund of fee. A. A developer subject to the police facilities fee required by this Chapter for a particular project may apply to the city manager, or his or her designee, for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the police facilities level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the city manager, or his or her designee, prior to the issuance of a building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction. B. The city manager, or his or her designee, shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the city manager's, or his or her designee's, decision shall be mailed to the applicant. C. The decision of the city manager, or his or her designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the city manager's, or his or her designee's, decision has been mailed to the applicant. D. The city council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. The decision of the city council shall be final. The decision of the city council shall be in writing and shall be mailed to the applicant. E. If a fee exemption, a fee reduction or a land use category adjustment may be granted pursuant to section 3.36.110, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate 122 Ordinance No. 517 Page 11 12853-0001\2812494v12.doc the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the police facilities development impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. F. If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this subsection, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety-day protest period has begun. G. Any fee erroneously collected shall be refunded without interest to the payor if, within one (1) year after the date on which such fee was deposited in the city treasury, the payor files a written application therefor with the building official and provides proof of such error satisfactory to the building official. Any police facilities fee collected pursuant to Section 3.36.090 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement or construction pursuant thereto and if the payor files a written application for the refund with the building official within one hundred eighty (180) calendar days after such cancellation or expiration. 123 Ordinance No. 517 Page 12 12853-0001\2812494v12.doc ARTICLE III. LIBRARY FACILITIES DEVELOPMENT IMPACT FEE Sections: 3.36.200 Definitions. 3.36.210 Library facilities fee. 3.36.220 Fee required.. 3.36.230 Exemption or reduction. 3.36.240 Use of library facilities fee. 3.36.250 Fee amount applicable to pending projects. 3.36.260 Periodic adjustment to fee amount. 3.36.270 Refund of fee. 3.36.200 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them below: “Building official” means the person so designated by the Moorpark city council. “Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of this Code, ordinances, and conditions of approval. “City” means incorporated city of Moorpark. “City council” means city council of the city of Moorpark. “Floor space” means “floor area” as the latter term is defined in the applicable section of the most recent version of the Uniform Building Code. “Library facilities” means library collection materials including books, video and audio materials, periodicals, CD-ROM disks, and other related materials which are available in, or for loan from, the Moorpark library; computers for public access and designed for use by library patrons; library capital improvements, including financing, acquiring, constructing, remodeling, landscaping, lighting, and/or furnishing such public library facilities; and studies related to library buildings and capital improvements, operations and management, and collections and materials. “New construction,” when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. 124 Ordinance No. 517 Page 13 12853-0001\2812494v12.doc 3.36.210 Library service facilities fee. A. New residential and nonresidential development in the city has attracted and will continue to attract employees and residents to the city, and there is a causal connection between such development projects and the increased need for library service facilities. B. Sources of city revenue other than library impact fees, including tax revenues that will be paid by new residential and nonresidential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on library facilities created by new development. C. It is the intent of the city to require every person or organization that develops land to mitigate the impacts of that development on the city's library facilities system. The city may therefore require developers to mitigate library service facilities impacts caused by their development and to pay a library facilities development impact fee that will be used to mitigate those impacts by constructing library facilities, as applicable. The purpose of the Library Facilities Fee is to fund new development’s share of the future library facility that is needed to serve the new population growth. Each new resident and worker creates a demand for additional library facilities. In order to accommodate these needs, an expansion to the new library will be built as outlined in the Civic Center Master Plan. 3.36.220 Fee required. A. Except as provided in section 3.36.230 of this Chapter, the required library service facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the library service facilities fee to be paid shall be in accordance with an adopted Nexus Study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed. B. For non-residential development projects, the required library facilities fee shall be due and paid on a lump-sum basis upon issuance of the building permit as a condition precedent to the issuance of any building permit for new construction. For residential development projects, the fees shall be paid at the time of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless earlier payment is permitted by Government Code Section 66007. For residential projects with 10 or more units, the fees will be due at the time of the final inspection, or the date the certificate of occupancy is issued, whichever comes first, for the entire building in which the units are located, unless payment is permitted earlier pursuant to Government Code Section 66007. C. The community development director, or his or her designee, shall be responsible for calculating the amount of the library facilities fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the library facilities fee. All residential projects will pay a fee based on the livable square footage of the residential unit(s). In calculating such fee, the community development director shall utilize the fee rate that is assigned to 125 Ordinance No. 517 Page 14 12853-0001\2812494v12.doc the land use category that is most applicable to the development project. For high- density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. 3.36.230 Exemption or reduction. A. The following uses and types of developments may be exempted from the payment of library facilities fees: 1. Construction which does not increase the number of dwelling units on a given lot, such as remodeling or rebuilding existing units. 2. Accessory dwelling units that are less than 750 square feet. However, for an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit to be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time. 3. The remodeling or rebuilding of an existing nonresidential structure, provided the remodeling or rebuilding does not do any of the following: i. Increase the square footage of the structure above that of the previously existing structure; ii. Change the use to which the property or structure is to be put; or iii. Increase the average daily trips generated from the property above the amount generated by the prior use of the property. 4. Additions. For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion beyond the current square footage of the structure. 5. Disaster. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. 6. Publicly owned facilities, including, without limitation, public libraries, public administration facilities, public parks, public utilities, schools, and related facilities. 7. Facilities serving the health and safety of the public, including, without limitation, hospitals, police, fire, and safety facilities. 126 Ordinance No. 517 Page 15 12853-0001\2812494v12.doc B. A developer may be exempted or allowed a reduction in fees from the library facilities fee requirements if the developer proposes a specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City Manager or designee will review the development’s impacts to determine the applicable fees. The fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. C. A developer may be exempted or allowed a reduction in fees from the library facilities fee requirements if the developer enters into a development agreement with the City pursuant to which library facilities fees are assessed to the developer, or equivalent or comparable library facilities improvements are implemented by the developer. D. A developer may be entitled to a reduction in the amount of the library service fee required if the developer contributes to library facilities for purposes of which the fee is collected as provided in the adopted Nexus Study. The library facilities fee may be reduced by the amount of library facilities improvement costs that would be reasonably incurred by the city in building those same library facilities improvements. The amount of such reduction shall be subject to the approval of the community development director, with concurrence from the city manager, prior to contribution toward the library facilities. E. A developer may be entitled to a reduction in the amount of the library facilities fee required if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current library facilities plan, the most current capital improvement plan, or the annual budget process, as applicable. The library facilities fee may be reduced by the amount of the total assessment placed upon the development for the costs of library facilities improvements. The amount of such reduction shall not exceed the amount of the library facilities development impact fee required. F. If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the library facilities fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 3.36.240 Use of library facilities fee. All library facilities fees collected pursuant to Section 3.36.210 shall be deposited in a restricted account within the city treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving library facilities serving the service area. 127 Ordinance No. 517 Page 16 12853-0001\2812494v12.doc 3.36.250 Fee Amount Applicable to Pending Projects. An applicant subject to the payment of library facilities fees required must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is the amount specified by resolution of the city council, as amended from time to time. The fee imposed on new construction for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due. 3.36.260 Periodic Adjustment to Fee Amount. The amount of the library service facilities development impact fee shall be automatically adjusted annually for inflation on July 1st of each year using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available, as specified in the resolution that adopts the fee supported by the required studies prepared and adopted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.). 3.36.270 Appeals and refund of fee. A. A developer subject to the library facilities fee required by this Chapter for a particular project may apply to the city manager, or his or her designee, for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the library service facilities level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the city manager, or his or her designee, prior to the issuance of a building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction. B. The city manager, or his or her designee, shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the city manager's, or his or her designee's, decision shall be mailed to the applicant. C. The decision of the city manager, or his or her designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the city manager's, or his or her designee's, decision has been mailed to the applicant. D. The city council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. The decision of the city council shall be final. The decision of the city council shall be in writing and shall be mailed to the applicant. 128 Ordinance No. 517 Page 17 12853-0001\2812494v12.doc E. If a fee exemption, a fee reduction or a land use category adjustment may be granted pursuant to section 3.36.230, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the library facilities development impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. F. If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this subsection, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety-day protest period has begun. G. Any fee erroneously collected pursuant to this article shall be refunded without interest to the payor if, within one (1) year after the date on which such fee was deposited in the city treasury, the payor files a written application therefor with the building official and provides proof of such error satisfactory to the building official. Any library facilities fee collected pursuant to Section 3.36.210 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the building official within one hundred eighty (180) calendar days alter such cancellation or expiration.” 129 Ordinance No. 517 Page 18 12853-0001\2812494v12.doc “ARTICLE IV. CITY HALL DEVELOPMENT IMPACT FEE Sections: 3.36.300 Definitions. 3.36.310 City Hall Improvements fee. 3.36.320 Fee required.. 3.36.330 Exemption or reduction. 3.36.340 Use of City Hall Improvements Fee. 3.36.350 Fee amount applicable to pending projects. 3.36.360 Periodic adjustment to fee amount. 3.36.370 Appeals and refund of fee. 3.36.300 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them below: “Building official” means the person so designated by the Moorpark city council. “Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of this Code, ordinances, and conditions of approval. “City” means incorporated city of Moorpark. “City council” means city council of the city of Moorpark. “Floor space” means “floor area” as the latter term is defined in the applicable section of the most recent version of the Uniform Building Code. “City Hall facilities” means a building (including furnishings, fixtures and appurtenances) and site which is designed, developed and used to provide the full spectrum of City administrative services for the City and studies related to City Hall buildings and capital improvements, operations and management, and collections and materials. “New construction,” when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. 3.36.310 City Hall Improvements Fee. A. New residential and nonresidential development in the city has attracted and will continue to attract employees and residents to the city, and there is a causal ATTACHMENT 2 130 Ordinance No. 517 Page 19 12853-0001\2812494v12.doc connection between such development projects and the increased need for police facilities. B. Sources of city revenue other than City Hall Improvements development impact fees, including tax revenues that will be paid by new residential and nonresidential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on City Hall facilities created by new development. C. It is the intent of the city to require every person or organization that develops land to mitigate the impacts of that development on the City Hall facilities. The city may therefore require developers to mitigate City Hall facilities impacts caused by their development and to pay a City Hall Improvements development impact fee that will be used to mitigate those impacts by constructing City Hall facilities, as applicable. The purpose of the City Hall Improvements Fee is to fund new development's fair share of the new city hall. Each new resident and worker create a demand for additional city hall facilities. 3.36.320 Fee required. A. Except as provided in section 3.36.330 of this Chapter, the required City Hall Improvements fees for new construction shall be paid in an amount established by resolution of the city council. The amount of the City Hall Improvements fees to be paid shall be in accordance with an adopted Nexus Study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed. B. For non-residential development projects, the required City Hall improvement fee shall be due and paid on a lump-sum basis upon issuance of the building permit as a condition precedent to the issuance of any building permit for new construction. For residential development projects, the fees shall be paid at the time of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless earlier payment is permitted by Government Code Section 66007. For residential projects with 10 or more units, the fees will be due at the time of the final inspection, or the date the certificate of occupancy is issued, whichever comes first, for the entire building in which the units are located, unless payment is permitted earlier pursuant to Government Code Section 66007. C. The community development director, or his or her designee, shall be responsible for calculating the amount of the City Hall Improvements fees required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the City Hall Improvements fee. All residential projects will pay a fee based on the livable square footage of the residential unit(s). In calculating such fee, the community development director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For high-density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. 131 Ordinance No. 517 Page 20 12853-0001\2812494v12.doc 3.36.330 Exemption or reduction. A. The following uses and types of developments may be exempted from the payment of City Hall Improvements fees: 1. Construction which does not increase the number of dwelling units on a given lot, such as remodeling or rebuilding existing units. 2. Accessory dwelling units that are less than 750 square feet. However, for an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit to be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time. 3. The remodeling or rebuilding of an existing nonresidential structure, provided the remodeling or rebuilding does not do any of the following: i. Increase the square footage of the structure above that of the previously existing structure; ii. Change the use to which the property or structure is to be put; or iii. Increase the average daily trips generated from the property above the amount generated by the prior use of the property. 4. Additions. For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion beyond the current square footage of the structure. 5. Disaster. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. 6. Publicly owned facilities, including, without limitation, public libraries, public administration facilities, public parks, public utilities, schools, police, fire, and safety facilities, and related facilities. B. A developer may be exempted or allowed a reduction in fees from the City Hall Improvements facilities fee requirements if the developer proposes a specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City Manager or designee will review the development’s impacts to determine the applicable fees. The fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. 132 Ordinance No. 517 Page 21 12853-0001\2812494v12.doc C. A developer may be exempted or allowed a reduction in fees from the City Hall Improvements facilities fee requirements if the developer enters into a development agreement with the City pursuant to which City Hall Improvements fees are assessed to the developer, or equivalent or comparable City Hall facilities are constructed or otherwise provided by the developer. D. A developer may be entitled to a reduction in the amount of the City Hall Improvements fee required if the developer contributes to City Hall facilities for purposes of which the fee is collected as provided in the adopted Nexus Study. The City Hall Improvements fee may be reduced by the amount of City Hall improvement costs that would be reasonably incurred by the city in building those same City Hall facilities improvements. The amount of such reduction shall be subject to the approval of the community development director, with concurrence from the city manager, prior to contribution toward the City Hall Improvements. E. If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the City Hall Improvements fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 3.36.340 Use of City Hall Improvements Fee. All City Hall Improvements fees collected pursuant to Section 3.36.310 shall be deposited in a restricted account within the city treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving city hall facilities serving the service area. 3.36.350 Fee Amount Applicable to Pending Projects. An applicant subject to the payment of City Hall Improvements fees required must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is the amount specified by resolution of the city council, as amended from time to time. The fee imposed on new construction for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due. 3.36.360 Periodic Adjustment to Fee Amount. The amount of the City Hall Improvements fee shall be automatically adjusted annually for inflation on July 1st of each year using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available, as specified in the resolution that adopts the fee supported by the required studies prepared and adopted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.). 133 Ordinance No. 517 Page 22 12853-0001\2812494v12.doc 3.36.150 Appeals and refund of fee. A. A developer subject to the City Hall Improvements fee required by this Chapter for a particular project may apply to the city manager, or his or her designee, for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the City Hall facilities level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the city manager, or his or her designee, prior to the issuance of a building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction. B. The city manager, or his or her designee, shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the city manager's, or his or her designee's, decision shall be mailed to the applicant. C. The decision of the city manager, or his or her designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the city manager's, or his or her designee's, decision has been mailed to the applicant. D. The city council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. The decision of the city council shall be final. The decision of the city council shall be in writing and shall be mailed to the applicant. E. If a fee exemption, a fee reduction or a land use category adjustment may be granted pursuant to section 3.36.330, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the City Hall Improvements fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. F. If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this subsection, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety-day protest period has begun. G. Any fee erroneously collected pursuant to this article shall be refunded without interest to the payor if, within one (1) year after the date on which such fee was deposited in the city treasury, the payor files a written application therefor with the building official and provides proof of such error satisfactory to the building official. Any City Hall 134 Ordinance No. 517 Page 23 12853-0001\2812494v12.doc Improvements fee collected pursuant to Section 3.36.310 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the building official within one hundred eighty (180) calendar days alter such cancellation or expiration. 135 Ordinance No. 517 Page 24 12853-0001\2812494v12.doc ARTICLE V. CITYWIDE TRANSPORTATION DEVELOPMENT IMPACT FEE Sections: 3.36.400 Definitions. 3.36.410 Citywide Transportation Fee. 3.36.420 Fee required. 3.36.430 Exemption or reduction. 3.36.440 Use of police facilities fee. 3.36.450 Fee amount applicable to pending projects. 3.36.460 Periodic adjustment to fee amount. 3.36.470 Appeals and refund of fee. 3.36.400 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them below: “Building official” means the person so designated by the Moorpark city council. “Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of this Code, ordinances, and conditions of approval. “City” means incorporated city of Moorpark. “City council” means city council of the city of Moorpark. “Floor space” means “floor area” as the latter term is defined in the applicable section of the most recent version of the Uniform Building Code. “New construction,” when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. “Transportation Facilities” shall mean transportation system improvement projects that require physical alteration or expansion of the transportation system. Examples of Transportation Facilities include, but are not limited to, roadway improvements, signalization improvements, other public right-of-way improvements such as bus shelters, and multimodal improvements, such as bikeways and sidewalks. 3.36.410 Citywide Transportation Fee. A. New residential and nonresidential development in the city has attracted and will continue to attract employees and residents to the city, and there is a causal 136 Ordinance No. 517 Page 25 12853-0001\2812494v12.doc connection between such development projects and the increased need for transportation facilities. B. Sources of city revenue other than transportation facilities development impact fees, including tax revenues that will be paid by new residential and nonresidential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on transportation facilities created by new development. C. It is the intent of the city to require every person or organization that develops land to mitigate the impacts of that development on the city's transportation facilities system. The city may therefore require developers to mitigate citywide transportation impacts caused by their development and to pay a Citywide Transportation development impact fee that will be used to mitigate those impacts by constructing transportation facilities, as applicable. The purpose of the Citywide Transportation Fee is to fund planned transportation facilities included in the Nexus Study to serve future development. In order to accommodate this need, new facilities must be built and/or existing facilities expanded. . 3.36.420 Fee required. A. Except as provided in section 3.36.430 of this Chapter, the required transportation facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the Citywide Transportation Fee to be paid shall be in accordance with an adopted Nexus Study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed. B. For non-residential development projects, the required Citywide transportation fee shall be due and paid on a lump-sum basis upon issuance of the building permit as a condition precedent to the issuance of any building permit for new construction. For residential development projects, the fees shall be paid at the time of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless earlier payment is permitted by Government Code Section 66007. For residential projects with 10 or more units, the fees will be due at the time of the final inspection, or the date the certificate of occupancy is issued, whichever comes first, for the entire building in which the units are located, unless payment is permitted earlier pursuant to Government Code Section 66007.. C. The community development director, or his or her designee, shall be responsible for calculating the amount of the Citywide Transportation Fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the Citywide Transportation fee. All residential projects will pay a fee based on the livable square footage of the residential unit(s). In calculating such fee, the community development director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For high-density residential projects, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be 137 Ordinance No. 517 Page 26 12853-0001\2812494v12.doc assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. 3.36.430 Exemption or reduction. A. The following uses and types of developments may be exempted from the payment of Citywide Transportation Fees: 1. Construction which does not increase the number of dwelling units on a given lot, such as remodeling or rebuilding existing units. 2. Accessory dwelling units that are less than 750 square feet. However, for an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit to be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time. 3. The remodeling or rebuilding of an existing nonresidential structure, provided the remodeling or rebuilding does not do any of the following: i. Increase the square footage of the structure above that of the previously existing structure; ii. Change the use to which the property or structure is to be put; or iii. Increase the average daily trips generated from the property above the amount generated by the prior use of the property. 4. Additions. For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion beyond the current square footage of the structure. 5. Disaster. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. 6. Publicly owned facilities, including, without limitation, public libraries, public administration facilities, public parks, public utilities, schools, police, fire, and safety facilities, and related facilities. B. A developer may be exempted or allowed a reduction in fees from the Citywide Transportation Fee requirements if the developer proposes a specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City Manager or designee will review the development’s impacts to determine the applicable fees. The 138 Ordinance No. 517 Page 27 12853-0001\2812494v12.doc fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. C. A developer may be exempted or allowed a reduction in fees from the Citywide Transportation fee requirements if the developer enters into a development agreement with the City pursuant to which Citywide Transportation Fees are assessed to the developer, or equivalent or comparable transportation improvements are implemented by the developer. D. A developer may be entitled to a reduction in the amount of the Citywide Transportation Fee required if the developer contributes to transportation facilities for purposes of which the fee is collected as provided in the adopted Nexus Study. The Citywide Transportation Fee may be reduced by the amount of Citywide improvement costs that would be reasonably incurred by the city in building those same transportation improvements. The amount of such reduction shall be subject to the approval of the community development director, with concurrence from the city engineer, prior to contribution toward the transportation facilities. E. A developer may be entitled to a reduction in the amount of the Citywide Transportation Fee required if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current transportation plan, the most current capital improvement plan, or the annual budget process, as applicable. The Citywide Transportation Fee may be reduced by the amount of the total assessment placed upon the development for the costs of transportation facilities improvements. The amount of such reduction shall not exceed the amount of the Citywide Transportation Fee required. F. If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the Citywide transportation fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 3.36.440 Use of Citywide Transportation Fee. All Citywide Transportation fees collected pursuant to Section 3.36.410 shall be deposited in a restricted account within the city treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving Transportation Facilities serving the City of Moorpark. 3.36.450 Fee Amount Applicable to Pending Projects. An applicant subject to the payment of Citywide Transportation fees required must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is the amount specified by resolution of the city council, as amended from time to time. The fee imposed on new construction for which vested rights have been acquired through a vesting 139 Ordinance No. 517 Page 28 12853-0001\2812494v12.doc tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due. 3.36.460 Periodic Adjustment to Fee Amount. The amount of the Citywide Transportation Fee shall be automatically adjusted annually for inflation on July 1st of each year using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available, as specified in the resolution that adopts the fee supported by the required studies prepared and adopted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.). 3.36.470 Appeals and refund of fee. A. A developer subject to the Citywide Transportation Fee required by this Chapter for a particular project may apply to the city manager, or his or her designee, for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the transportation facilities level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the city manager, or his or her designee, prior to the issuance of building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction. B. The city manager, or his or her designee, shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the city manager's, or his or her designee's, decision shall be mailed to the applicant. C. The decision of the city manager, or his or her designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the city manager's, or his or her designee's, decision has been mailed to the applicant. D. The city council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. The decision of the city council shall be final. The decision of the city council shall be in writing and shall be mailed to the applicant. E. If a fee exemption, a fee reduction or a land use category adjustment may be granted pursuant to section 3.36.430, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the Citywide Transportation Fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 140 Ordinance No. 517 Page 29 12853-0001\2812494v12.doc F. If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this subsection, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety-day protest period has begun. G. Any fee erroneously collected pursuant to this article shall be refunded without interest to the payor if, within one (1) year after the date on which such fee was deposited in the city treasury, the payor files a written application therefor with the building official and provides proof of such error satisfactory to the building official. Any Citywide Transportation Fee collected pursuant to Section 3.36.210 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the building official within one hundred eighty (180) calendar days alter such cancellation or expiration. 141 Ordinance No. 517 Page 30 12853-0001\2812494v12.doc ARTICLE VI. PARK AND RECREATION FACILITIES DEVELOPMENT IMPACT FEE Sections: 3.36.460 Definitions. 3.36.470 Park and recreation facilities fee. 3.36.480 Fee required. 3.36.490 Exemption or reduction.. 3.36.500 Use of park and recreation facilities fee. 3.36.510 Fee amount applicable to pending projects. 3.36.520 Periodic adjustment to fee amount. 3.36.530 Appeals and refund of fee. 3.36.460 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them below: “Building official” means community development director. “Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all the applicable provisions of this Code, ordinances, and conditions of approval. “City” means incorporated city of Moorpark. “City council” means city council of the city of Moorpark. “Floor space” means “floor area” as the latter term is defined in Section 407 of the Uniform Building Code. “New construction,” when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. “Park and recreation facilities” means park and recreation infrastructure and new facilities and amenities, but does not include parkland acquisition. 3.36.470 Park and recreation facilities fee. A. New residential development in the city has attracted and will continue to attract residents to the city, and there is a causal connection between such development projects and the increased need for park and recreation facilities. 142 Ordinance No. 517 Page 31 12853-0001\2812494v12.doc B. Sources of city revenue other than park and recreation facilities development impact fees, including tax revenues that will be paid by new residential and nonresidential development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on park and recreation facilities created by new development. C. It is the intent of the city to require every person or organization that develops land to mitigate the impacts of that development on the city's park and recreation facilities system. The city may therefore require developers to mitigate park and recreation facilities impacts caused by their development and to pay a park and recreation facilities impact fee that will be used to mitigate those impacts by constructing park and recreation facilities, as applicable. The purpose of the park and recreation facilities fee is to fund new development’s fair-share portion of new park and recreation facilities, that are necessary to mitigate the impacts of new development. D. It is further the intent of this Article to collect fees on new residential construction to mitigate the impact of additional residents on the demand for park and recreation facilities and to fund park and recreation facility development costs. These facility fees and costs are separate from, and in addition to, the costs to acquire land to be used for park purposes and on which the facilities will be built, which fees and costs for land acquisition are provided by the City’s Quimby Act Ordinance as provided in Chapter 16.44 of the Moorpark Municipal Code. 3.36.480 Fee required. A. Except as provided in section 3.36.490 of this Chapter, the required park and recreation facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the park and recreation facilities fee to be paid shall be in accordance with an adopted Nexus Study that demonstrates the reasonable relationship between the fee’s use and the type of development project on which the fee will be imposed. B. For residential development projects, the required park and recreation facilities fees shall be paid at the time of final inspection, or the date the certificate of occupancy is issued, whichever occurs first, unless earlier payment is permitted by Government Code Section 66007. For residential projects with 10 or more units, the fees will be due at the time of the final inspection, or the date the certificate of occupancy is issued, whichever comes first, for the entire building in which the units are located, unless payment is permitted earlier pursuant to Government Code Section 66007. C. The community development director, or his or her designee, shall be responsible for calculating the amount of the park and recreation facilities fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the park and recreation facilities fee. All residential projects will pay a fee based on the livable square footage of the residential unit(s). In calculating such fee, the community development director shall utilize the fee rate that is assigned to the land use category that is most applicable to the development project. For high-density residential projects, the non-residential 143 Ordinance No. 517 Page 32 12853-0001\2812494v12.doc communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Area that are accessible by the public (i.e., leasing office) will be charged impact fees according to use. 3.36.490 Exemption or reduction. A. The following uses and types of developments may be exempted from the payment of park and recreation facilities fees: 1. Construction which does not increase the number of dwelling units on a given lot, such as remodeling or rebuilding existing units. 2. Accessory dwelling units that are less than 750 square feet. However, for an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit to be calculated by multiplying the Single-Family Residential fee by the ADU’s square footage. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time. 3. The remodeling or rebuilding of an existing nonresidential structure, provided the remodeling or rebuilding does not do any of the following: i. Increase the square footage of the structure above that of the previously existing structure; ii. Change the use to which the property or structure is to be put; or iii. Increase the average daily trips generated from the property above the amount generated by the prior use of the property. 4. Additions. For reuse, expansions, density increasing, or rezone projects, the developer shall only be responsible for paying fees for the intensification or expansion beyond the current square footage of the structure. 5. Disaster. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to the extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. 6. Publicly owned facilities, including, without limitation, public libraries, public administration facilities, public parks, public utilities, schools, police, fire, and safety facilities, and related facilities. B. A developer may be exempted or allowed a reduction in fees from the park and recreation facilities fee requirements if the developer proposes a specialized development projects such as golf courses, cemeteries, sports stadium, or other specialized land uses. For specialized development projects the City Manager or designee will review the development’s impacts to determine the applicable fees. The 144 Ordinance No. 517 Page 33 12853-0001\2812494v12.doc fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. C. A developer may be exempted or allowed a reduction in fees from the park and recreation facilities fee requirements if the developer enters into a development agreement with the City pursuant to which park and recreation facilities fees are assessed to the developer, or equivalent or comparable park and recreation facilities improvements are implemented by the developer. D. A developer may be entitled to a reduction in the amount of the park and recreation facilities fee required if the developer contributes to park and recreation facilities for purposes of which the fee is collected as provided in the adopted Nexus Study. The park and recreation facilities fee may be reduced by the amount of park and recreation facilities improvement costs that would be reasonably incurred by the city in building those same park and recreation facilities improvements. The amount of such reduction shall be subject to the approval of the community development director prior to contribution toward the park and recreation facilities. E. A developer may be entitled to a reduction in the amount of the park and recreation facilities fee required if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current park and recreation facilities plan, the most current capital improvement plan, or the annual budget process, as applicable. The park and recreation facilities fee may be reduced by the amount of the total assessment placed upon the development for the costs of park and recreation facilities improvements. The amount of such reduction shall not exceed the amount of the park and recreation facilities development impact fee required. F. If a fee exemption or a fee reduction is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption or fee reduction, and the applicant shall be subject to the park and recreation facilities fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. 3.36.500 Use of park and recreation facilities fee. All park and recreation facilities fees collected pursuant to Section 3.36.480 shall be deposited in a restricted account within the city treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used to fund new development’s fair-share portion of the park and recreation facilities or portions thereof, from which the fees were collected. The park and recreation fee is for park and recreation facility development cost only and does not include parkland acquisition costs. 3.36.510 Fee Amount Applicable to Pending Projects. An applicant subject to the payment of park and recreation facilities fees required must pay the amount of the fee that is in effect when the fee becomes due. The amount of the fee is 145 Ordinance No. 517 Page 34 12853-0001\2812494v12.doc the amount specified by resolution of the city council, as amended from time to time. The fee imposed on new construction for which vested rights have been acquired through a vesting tentative subdivision map shall be the fee in effect at the time the rights became vested, plus any adjustment for inflation made between that date and the date the fee becomes due. 3.36.520 Periodic Adjustment to Fee Amount. The amount of the park and recreation facilities development impact fee shall be automatically adjusted annually for inflation on July 1st of each year using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve-month period ending in May or a similar published index if the CCI Index is no longer available, as specified in the resolution that adopts the fee supported by the required studies prepared and adopted pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.). 3.36.530 Appeals and refund of fee. A. A developer subject to the park and recreation facilities fee required by this Chapter for a particular project may apply to the city manager, or his or her designee, for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the park and recreation facilities level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The application shall be made in writing and filed with the city manager, or his or her designee, prior to the issuance of a building permit. If a development review is not required for the development, then the application shall be made in writing and filed not later than the time at which the building permit is issued. The application shall state in detail the factual basis for the request for reduction. B. The city manager, or his or her designee, shall make a decision on the application for adjustment within thirty (30) calendar days after the application has been filed. Notice of the city manager's, or his or her designee's, decision shall be mailed to the applicant. C. The decision of the city manager, or his or her designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the city manager's, or his or her designee's, decision has been mailed to the applicant. D. The city council shall consider the appeal at a public hearing to be held within sixty (60) calendar days after the appeal application has been filed. The decision of the city council shall be final. The decision of the city council shall be in writing and shall be mailed to the applicant. E. If a fee exemption, a fee reduction or a land use category adjustment may be granted pursuant to section 3.36.430, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the fee exemption, fee reduction or land use category adjustment, and the applicant shall be subject to the park and recreation facilities development impact fee 146 Ordinance No. 517 Page 35 12853-0001\2812494v12.doc requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid. F. If a fee exemption, fee reduction or land use category adjustment is not granted pursuant to this subsection, then upon the payment of the required fees, the city shall, pursuant to Government Code Section 66020, provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the ninety-day protest period has begun. G. Any fee erroneously collected shall be refunded without interest to the payor if, within one (1) year after the date on which such fee was deposited in the city treasury, the payor files a written application therefor with the building official and provides proof of such error satisfactory to the building official. Any park and recreation facilities fee collected pursuant to Section 3.36.480 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement or construction pursuant thereto and if the payor files a written application for the refund with the building official within one hundred eighty (180) calendar days after such cancellation or expiration.” 147