HomeMy WebLinkAboutORD 517 2023 0906ORDINANCE 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
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 Il l 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
Ordinance No. 517
Page 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. 2023-4196 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.
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Ordinance No. 517
Page 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.
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Ordinance No. 517
Page 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 Ill (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 thi s 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.
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Ordinance No. 517
Page 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 6th day of September, 2023.
ATTEST:
Attachment 1 -Articles II and Il l of Chapter 3.36
Attachment 2 -Articles IV, V, VI of Chapter 3.36
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Ordinance No. 517
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"ARTICLE II.
POLICE FACILITIES DEVELOPMENT IMPACT FEE
Sections:
3.36.080
3.36.090
3.36.100
3.36.110
3.36.120
3.36.130
3.36.140
3.36.150
Definitions.
Police facilities fee.
Fee required.
Exemption or reduction ..
Use of police facilities fee.
Fee amount applicable to pending projects.
Periodic adjustment to fee amount.
Appeals and refund of fee.
3.36.080 Definitions.
ATTACHMENT 1
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.
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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
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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.
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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.
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Ordinance No. 517
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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
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Ordinance No. 517
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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
payer 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 payer 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.
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Ordinance No. 517
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ARTICLE 111.
LIBRARY FACILITIES DEVELOPMENT IMPACT FEE
Sections:
3.36.200
3.36.210
3.36.220
3.36.230
3.36.240
3.36.250
3.36.260
3.36.270
Definitions.
Library facilities fee.
Fee required ..
Exemption or reduction.
Use of library facilities fee.
Fee amount applicable to pending projects.
Periodic adjustment to fee amount.
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.
Ordinance No. 517
Page 13
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
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Ordinance No. 517
Page 14
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, AD Us 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
111.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.
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Ordinance No. 517
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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.
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Ordinance No. 517
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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.
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Ordinance No. 517
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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 payer if, within one (1) year after the date on which such fee was deposited in
the city treasury, the payer 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 payer if the building permit to which it relates is canceled or expires prior to
commencement of construction pursuant thereto and if the payer files a written
application for the refund with the building official within one hundred eighty (180)
calendar days alter such cancellation or expiration."
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Ordinance No. 517
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Sections:
3.36.300
3.36.310
3.36.320
3.36.330
3.36.340
3.�6.350
3.36.360
3.36.370
"ARTICLE IV.
CITY HALL DEVELOPMENT IMPACT FEE
Definitions.
City Hall Improvements fee.
Fee required ..
Exemption or reduction.
Use of City Hall Improvements Fee.
Fee amount applicable to pending projects.
Periodic adjustment to fee amount.
Appeals and refund of fee.
3.36.300 Definitions.
ATTACHMENT 2
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
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Ordinance No. 517
Page 19
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.
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Ordinance No. 517
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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:
1.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.
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Ordinance No. 517
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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.).
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Ordinance No. 517
Page 22
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 s_hall 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
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Ordinance No. 517
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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.
Ordinance No. 517
Page 24
ARTICLE V.
CITYWIDE TRANSPORTATION DEVELOPMENT IMPACT FEE
Sections:
3.36.400
3.36.410
3.36.420
3.36.430
3.36.440
3.36.450
3.36.460
3.36.470
Definitions.
Citywide Transportation Fee.
Fee required.
Exemption or reduction.
Use of police facilities fee.
Fee amount applicable to pending projects.
Periodic adjustment to fee amount.
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
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Ordinance No. 517
Page 25
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
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Ordinance No. 517
Page 26
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
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Ordinance No. 517
Page 27
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
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Ordinance No. 517
Page 28
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.
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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.
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ARTICLE VI.
PARK AND RECREATION FACILITIES DEVELOPMENT IMPACT FEE
Sections:
3.36.460
3.36.470
3.36.480
3.36.490
3.36.500
3.36.510
3.36.520
3.36.530
Definitions.
Park and recreation facilities fee.
Fee required.
Exemption or reduction ..
Use of park and recreation facilities fee.
Fee amount applicable to pending projects.
Periodic adjustment to fee amount.
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.
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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
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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:
1.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
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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
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Ordinance No. 517
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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 desig,:iee, 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
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Ordinance No. 517
Page 35
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."
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Ordinance No. 517
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STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
)
)
)
ss.
CERTIFICATION
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby cert_ify under
penalty of perjury that the foregoing Ordinance No. 517 was adopted by the City Council of
the City of Moorpark at a regular meeting held on the 6th day of September, 2023 and that
the same was adopted by the following vote:
AYES:
ABSENT:
Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren
None
None
None
WITNESS my hand and the official seal of said City this 7th day of September, 2023.
City Cler
(seal)