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Home My WebLink AboutRES CC 2024 4246 2024 0605 RESOLUTION NO. 2024-4246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, GRANTING A REQUEST TO WAIVE THE COLLECTION OF DEVELOPMENT IMPACT FEES IN THE AMOUNT OF $155,473.11 FOR APPLICATIONS FOR RESIDENTIAL ADDITIONS AND ACCESSORY DWELLING UNITS THAT WERE SUBMITTED TO THE CITY PRIOR TO OCTOBER 6, 2023, WHEN NEW DEVELOPMENT IMPACT FEES TOOK EFFECT, WHICH HAD NOT BEEN ISSUED A BUILDING PERMIT, A CERTIFICATE OF OCCUPANCY, OR A FINAL INSPECTION BY OCTOBER 5, 2023, AND MAKING A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees ("DIF") on new development for the purposes of funding public facilities necessary to serve that new development; and WHEREAS, Resolution No. 2023-4196 was adopted by City Council on July 19, 2023, approving a Development Impact Fee Nexus Study prepared by Harris & Associates, Inc., adopting a Capital Improvement Program as part of the Nexus Study, and setting forth the specific amount of development impact fees that will be levied upon new development in the City for each category of fee (the "New or Increased DIF"); and WHEREAS, Ordinance No. 517, was adopted by City Council on September 6, 2023, amending Chapter 3.36 ("Development Impact Fees") of the Municipal Code to implement the new or Increased DIF, which became effective on October 6, 2023 (Effective Date); and WHEREAS, as of October 5, 2023, 15 building permit applications had been submitted for residential additions or ADUs that were not yet issued a Building Permit, a Certificate of Occupancy (C of 0), or Final Inspection prior to October 6, 2023 (Exhibit A); and WHEREAS, on October 6, 2023, the New or Increased DIF, as provided in Exhibit B to Resolution No. 2023-4196, took effect; and WHEREAS, Ordinance No. 517 did not include language to vest building permits for residential additions or ADUs from having to pay the New or Increased DIF, which were submitted prior to the Effective Date and had not yet been issued a C of 0 or a Final Inspection prior to the Effective Date. The building permit applications shown on Exhibit A would therefore be required to pay an estimated DIF total of$155,473.11 ; and Resolution No. 2024-4246 Page 2 WHEREAS, the City Council has determined that it is fair and reasonable to exempt applicants for ministerial building permit applications for residential additions or ADUs that had been submitted to the City's Community Development Department prior to Effective Date of the New or Increased DIF (October 6, 2023) from having to pay the New or Increased DIF estimated to be $155,473.11; and WHEREAS, the City Council held a duly noticed public hearing at the June 5, 2024 Regular Council meeting to consider the request and to accept public testimony related thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The findings and recitals set forth in this Resolution are true and correct, and are incorporated herein. SECTION 2. CEQA. The approval of this resolution provides an exemption from development impact fees on certain limited projects that were submitted on or before a certain date. Pursuant to California Environmental Quality Act (CEQA) Section 15273, CEQA does not apply to establishment or modification of rates, tolls, or other charges when for the purpose of obtaining funds for capital projects, necessary to maintain service within existing service areas. Therefore, no environmental analysis is required pursuant to CEQA. SECTION 3. New Exemption. The New or Increased DIF that were approved as part of Ordinance No. 517 and as provided in Exhibit B of Resolution No. 2023-4196 shall not be applicable to ministerial building permit applications for residential additions or ADUs that were filed prior to October 6, 2023, which have not yet been issued a building permit, a C of 0 or a Final Inspection prior to October 6, 2023. SECTION 4. Clarification. Except as otherwise provided in Section 3, all other building permits for new development or redevelopment that would generate new units or additional square footage shall pay applicable DIFs for applications made on or after October 6, 2023, and as specified in more detail in Moorpark Municipal Code Chapter 3.36 "Development Impact Fees" and in Resolution No. 2023-4196. SECTION 5. No Changes to Fees. Except as provided in Section 3, nothing in this Resolution shall repeal, amend or supersede any other City imposed fees, including any fee established or imposed by Resolution No. 2023-4196. SECTION 6. The provisions in this Resolution, including the exemption in Section 3 and the clarification in Section 4, shall take effect immediately and shall not be subject to a 60-day delay in the effectiveness pursuant to Government Code Section 66017 because this Resolution is not adopting a new fee or increasing any existing fee, and is instead, providing a limited exemption to an existing DIF and DIF amounts to be estimated as $155,473.11 for the building permits outlined on Exhibit A. Resolution No. 2024-4246 Page 3 SECTION 7. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of June, 2024. delb /_diir= Chris R. Eneg -n, Mayor oQ.Qj�►q<,,� ATTEST: 4° ° i2 P404(05' Ky Span I r, City lerk t►� � \ � Exhibit A— Building Permit Applications submitted prior to October 6, 2023 • .03 (For residential additions or accessory dwelling units: not yet issued a Building Permit, Certificate of Occupancy, or a Final Inspection as of October 6, 2023.) waft ..imi Resolution No. 2024-4246 Page 4 Exhibit A Building Permit Applications submitted prior to October 6, 2023 (For residential additions or accessory dwelling units: not yet issued a Building Permit, Certificate of Occupancy, or a Final Inspection as of October 6, 2023.) Building Permit Applications for Residential Additions and ADUs submitted before October 6,2023 (Not yet issued a BulldiEn Permit,Certificate of Occupancy or Final Inspections as of October 5,2023) Permit Number Permit Status Square Feet Permit Description Application Date Estimated DIFs BLR2023-1686 Finaled on 01/10/2024 169 Addition 7/24/2023 $2,705.69 BLR2022-0745 Finaled on 02/05/2024 336 Addition to bedroom 11/29/2022 $5,379.36 BLR2022-0412 In Review 428 Addition 9/28/2022 $6,852.28 BLR2022-0887 In Review 798 ADU 12/23/2022 512,775.98 BLR2022-0888 In Review 1,130 ADU 12/23/2022 $18,091.30 BLR2023-0929 In Review 581 Addition to living room and dining room 1/9/2023 $9,301.81 BLNR2023-0111 In Review 678 Addition to bathroom and patio 3/6/2023 $10,854.78 BLR2023-1261 In Review 1,199 ADU 3/27/2023 $19,195.99 BLR2023-1359 In Review 880 ADU 4/18/2023 $14,088.80 8LR2022-0435 Issued 800 ADU 9/30/2022 $12,808.00 BLR2022-0532 Issued 249 Addition 10/13/2022 $3,986.49 8LR2022-0522 Issued 854 ADU 10/13/2022 $13,672.54 BLR2022-0886 Issued 938 ADU 12/23/2022 $15,017.38 BLR2023-1254 Issued 176 Addition 3/24/2023 52,817.76 BLR2023-1515 Issued/Paid 495 Addition to bedroom and bathroom 6/8/2023 $7,924.95 ITotal Estimated DIFs $155,473.11 i Resolution No. 2024-4246 Page 5 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2024-4246 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of June, 2024, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of June, 2024. Ky 4ge It Clerk (seal) Q�.RK C Oaq<`