Loading...
HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 11ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION ADOPTED ORDINANCE NO. 517. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. A. Consider Ordinance No. 517 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. Staff Recommendation: Waive full reading, declare Ordinance No. 517 read for the second time, and adopted as read. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 11.A. 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 Item: 11.A. 553 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. 554 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. 555 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. 556 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 3.36 557 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. 558 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 559 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. 560 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. 561 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 562 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. 563 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. 564 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 565 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. 566 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. 567 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. 568 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.” 569 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 2 570 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. 571 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. 572 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.). 573 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 574 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. 575 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 576 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 577 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 578 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 579 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. 580 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. 581 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. 582 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 583 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 584 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 585 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 586 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.” 587