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Home My WebLink AboutORD 238 1997 1015ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING THE TITLE OF CHAPTER 3.36 AND BY ADDING ARTICLE III TO CHAPTER 3.36 RELATIVE TO A LIBRARY FACILITIES FEE TO BE IMPOSED ON NEW DEVELOPMENT WITHIN THE CITY Whereas, new construction within the City will create a need for additional library services and a corresponding need for additional or enlarged library facilities and resources by which to provide such facilities. The City of Moorpark has authority to provide library facilities within its jurisdiction, but its current tax revenues are insufficient to provide the corresponding additional or enlarged library facilities. The City does have authority to impose such a fee and it is in the interest of the City to ensure that it has sufficient funds to pay for the needed new or enlarged library facilities. The purpose of this Ordinance is to impose on new construction within the City, and at the sole discretion of the City Council, a fee in an amount sufficient to provide for that new construction's estimated pro rata share of the cost to the City of providing the additional or enlarged library facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Section 1. That the Moorpark Municipal Code is amended by revising the title of Chapter 3.36 to read as follows: "BUILDING PERMIT FEES" Section 2. The Moorpark Municipal Code is amended by adding Article III to Chapter 3.36 to read as follows: "ARTICLE III. LIBRARY FACILITIES FEE • "Section 3.36.200 Definitions. For the purposes of this Ordinance, 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. LP C:\DOCS \WPDOCS\LIBFEE.ORD I I "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 theUniform Building Code. "New Constriction," 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. "New construction," when applied to the construction or installation of nonresidential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot. "Overextended," Library facilities are "overextended" when, as determined by resolution of the City Council, the estimated population that the Moorpark Library's facilities can adequately serve, or the projected population of the service area will at any time within the following eight years, exceeds the maximum number of people which the Moorpark Library's facilities can adequately serve. The "service area" is the geographical area within the corporate boundary of the City. "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, Moorpark Library and computers for public access, and designated for use by library patrons. Section 3.36.210 Library Service Facilities Fee. Within the incorporated City limits of Moorpark, when library facilities are overextended, a library facilities fee computed pursuant to this Ordinance shall be paid as a condition precedent to the issuance of any building permit for new construction. Except as otherwise provided by Government Code section 66007, the fee shall be paid prior to issuance of the building permit, or in the case of a mobilehome, prior to the issuance of a mobilehome set -up permit. Said fee, established pursuant to the Municipal Code Chapter 3.36, Article III, shall be set by resolution of the City Council. Section 3.36.220 Computation of Fee for Residential Construction. The amount of the library facilities fee to be paid pursuant to Section 3.36.210, with respect to the construction of residential buildings or the installation of mobile homes, shall be the dollar amount equal to "X" in the following formula: X =AM B CADOCS \WPDOCS\LIBFEE.ORD 2 4% ()405 where: "A" equals the estimated cost of providing for expanded library facilities; "B" equals the maximum number of people who can be served adequately by the library facilities; "C" equals the estimated average number of people who will reside in each dwelling unit in the buildings or mobilehomes for which the permit is issued, multiplied by a number equal to the number of dwelling units which will be contained in such buildings or mobilehomes after construction minus, in cases where the construction is the replacement or modification of existing buildings or mobilehomes, the number of dwelling units contained in such buildings or mobilehomes immediately prior to construction; and "D" equals the estimated portion, expressed as a decimal, of the library facilities needed to provide service to residential buildings and mobilehomes, as opposed to nonresidential buildings. The specific number values to be assigned to "A ", "B" and "D" in the foregoing formula, and the estimated average number of people per dwelling unit for the purpose of computing the value "C" in the foregoing formula, shall be determined by resolution of the City Council from time to time on the basis of evidence submitted to it. Section 3.36.230 Computation Of Fee For Nonresidential Construction. The amount of the library facilities fee to be paid pursuant to Section 3.36.210 with respect to the construction of a nonresidential building shall be the dollar amount equal to "Y" in the following formula: where: Y =AF E "A" equals the number value assigned to "A" for the purpose of Section 3.36.220; "E" equals the maximum square footage of nonresidential building floor space which can be served adequately by the library facilities, "F" equals the number of square feet of floor space in the building for which the building permit is issued minus, in cases where the construction is the replacement or modification of an existing building, the number of square feet of floor space in such existing building immediately prior to such replacement or modification; and CADOCS \WPDOCS\LIBFEE.ORD 3 -WU0G "G" equals the number one minus the number value assigned to "D" for the purposes of Section 3.36.220. The specific number values to be assigned to "E" in the foregoing formula shall be determined by resolution of the City Council from time to time on the basis of evidence submitted to it. Section 3.36.240 Use Of Library Facilities Fee. All library facilities fees collected pursuant to Section 3.36.2 10 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. Section 3.36.250 Administration Fee. In addition to the library facilities fee imposed by Section 3.36.210, an administration fee shall be paid as a condition precedent to the issuance of any building permit for new construction within the service area. The administration fee shall be in an amount equal to the estimated average cost, as determined by resolution of the City Council from time to time, of processing such permit in accordance with the provisions of this article. Section 3.36.260 Refund of Fee. Any fee erroneously collected pursuant to this article shall be refunded without interest to the payor if, within one 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 3.36.2 10 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 180 calendar days after such cancellation or expiration. Section 3. That if 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 wold have adopted this Ordinance and each section, subsection sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book or original ordinances of the City of Moorpark, shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted, and shall, within (15) days after C:\D0CS \WPD0CS\1.1BFEE.0RD 4 passage and adoption thereof, cause the same to be published once in the Moorpark News Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for the purpose. C:\DOCS \WPDOCSU.IBFEE.ORD S 1997. MOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 238 was adopted by the City Council of the City of Moorpark at a meeting held on the 15th day of October , 1997, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Wozniak and Mayor Hunter NOES: Councilmember Teasley ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of October , 1997. >> Lillian E. Hare City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember