HomeMy WebLinkAboutAGENDA REPORT 2024 1218 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of December 18, 2024
ACTION ADOPTED ORDINANCE NO. 524.
(ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
A. Consider Ordinance No. 524 Amending Sections 3.36.140, 3.36.260, 3.36.360,
3.36.460, and 3.36.560 of Chapter 3.36 (Development Impact Fees) of Title 3
(Revenue and Finance) of the Moorpark Municipal Code to Change the Annual
Period for the Measurement of Inflation for Purposes of the Annual Adjustment of
Development Impact Fee Amounts. Staff Recommendation: Waive full reading,
declare Ordinance No. 524 read for the second time and adopted as read. (ROLL
CALL VOTE REQUIRED)
Item: 11.A.
ORDINANCE NO. 524
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTIONS 3.36.140, 3.36.260,
3.36.360, 3.36.460, AND 3.36.560 OF CHAPTER 3.36
(DEVELOPMENT IMPACT FEES) OF TITLE 3 (REVENUE
AND FINANCE) OF THE MOORPARK MUNICIPAL CODE
TO CHANGE THE ANNUAL PERIOD FOR THE
MEASUREMENT OF INFLATION FOR PURPOSES OF THE
ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEE
AMOUNTS
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, on September 6, 2023, the City Council adopted Ordinance No. 517
updating and amending Chapter 3.36, Development Impact Fees, of Moorpark Municipal
Code; and
WHEREAS, Chapter 3.36 contains sections that provide for the annual adjustment
of Development Impact Fees based on the change in inflation for each 12-month period
ending in May of each year for changes to the fee amounts effective July 1st of each year;
and
WHEREAS, City staff has determined that in order to complete the steps and
process to adjust the amount of Development Impact Fees by July 1st of each year, the
City needs to use data for the 12-month period ending in February rather than May of
each year; and
WHEREAS, City staff has reviewed and determined that amendments to
Chapter 3.36 are necessary to address the proposed change in the 12-month period by
which inflation is measured and to allow for proper annual adjustment of Development
Impact Fee amounts; and
WHEREAS, the City desires to update the text of the Periodic Adjustment to Fee
Amount sections that are provided in Sections, 3.36.140, 3.36.260, 3.36.360, 3.36.460,
and 3.36.560 of the Moorpark Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. 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. The Ordinance pertains to the
adoption of fees and/or charges imposed by the City, which do not commit the City to
Item: 11.A.
372
Ordinance No. 524
Page 2
any specific project. Future development projects or activities that are subject to the
fees will undergo full evaluation in compliance with CEQA when sufficient physical
details become available. Additionally, per CEQA Guidelines Section 15378(b)(4), the
creation of government funding mechanisms that do not involve a commitment to any
specific project that could cause a significant environmental effect is not defined as a
"project" under CEQA. Even if this action were deemed a "project," it would be exempt
from CEQA review under Section 15061(b)(3), as there is no possibility of a significant
environmental impact from the approval of the fees and/or charges.
SECTION 2. Section 3.36.140 of Article II (Police Facilities Development Impact
Fee) of Chapter 3.36 (Development Impact Fees) of Title 3 of the Moorpark Municipal
Code is hereby amended to read as follows:
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 February 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.).
SECTION 3. Section 3.36.260 of Article III (Library Facilities Development Impact
Fee) of Chapter 3.36 (Development Impact Fees) of Title 3 of the Moorpark Municipal
Code is hereby amended to read as follows:
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 February 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.).
373
Ordinance No. 524
Page 3
SECTION 4. Section 3.36.360 of Article IV (City Hall Development Impact Fee) of
Chapter 3.36 (Development Impact Fees) of Title 3 of the Moorpark Municipal Code is
hereby amended to read as follows:
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
February 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.).
SECTION 5. Section 3.36.460 of Article V (Citywide Transportation Development
Impact Fee) of Chapter 3.36 (Development Impact Fees) of Title 3 of the Moorpark
Municipal Code is hereby amended to read as follows:
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
February 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.).
SECTION 6. Section 3.36.560 of Article VI (Park and Recreation Facilities
Development Impact Fee) of Chapter 3.36 (Development Impact Fees) of Title 3 of the
Moorpark Municipal Code is hereby amended to read as follows:
3.36.560 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 February 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.).
374
Ordinance No. 524
Page 4
SECTION 7. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 18th day of December, 2024.
______________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
375