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Home My WebLink AboutORD 206 1995 0424ORDINANCE NO. -206 AN ORDINANCE OF THE CITY OF MOORPARK REGARDING THE IMPOSITION OF BUILDING PERMIT FEES TO PROVIDE POLICE FACILITIES The City Council of the City of Moorpark does ordain as follows: S CTION I. Definitions - For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them below. (a) Building Official. "Building Official" means Community Development Director. (b) City. "City" means incorporated City of Moorpark. (c) City Council. "City Council" means City Council of the City of Moorpark. (d) Floor Space. "Floor Space" means "floor area" as the latter term is defined in Section 407 of the Uniform Building Code. (e) New Construction. "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. "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. (f) Overextended. A police station is "overextended" when, as determined by resolution of the City Council, the estimated population of the station's service area exceeds, or the projected population of the service area will at any time within the following five years exceed, the maximum number of people which the station can adequately serve. (g) Service Area. The "Service Area" for a given police station is that geographical area within the City, , within which the station is located and to which the station is the primary provider of police services. The precise boundaries of a given service area shall be determined by resolution of the City Council. (h) Police Station. "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. (i) Standard Police Station. "Standard Police Station" means a police station designed to the police department specifications containing 28,400 square feet of floor space, of which 6,450 square feet are used solely for custodial purposes. SECTION 2. Police Facilities Fee - Within any service area for which the existing Police station is overextended a police facilities fee computed pursuant to this Ordinance shall be paid as a condition precedent to the issuance of any building permit for new construction. SECTION 3. Commutation of Fee for Residential Construction The amount of the police facilities fee to be paid pursuant to Section 2 with respect to the construction of residential buildings or the installation of mobilehomes shall be the dollar amount equal to "X" in the following formula: where: X = ACD B "A" equals the estimated cost of acquiring a standard police station, excluding the cost of acquiring that portion to be used solely for custodial purposes, but including land acquisition, site preparation and landscaping costs; "B" equals the maximum number of people who can be served adequately by a standard police station; "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 decimal of the standard police station 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 purposes 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. With respect to residential buildings or mobilehomes constructed or installed within a subdivision for which the tentative map was approved subject to the condition that the subdivider donate police facilities and /or land for such facilities, a credit shall be given against the fee on account of such donated facilities and /or land which are accepted by the City of Moorpark. For the purposes of this Section, unfinished facilities and the land therefore shall be deemed to have been "accepted" by the City Council if such facilities are to be completed pursuant to a secured improvement agreement made in accordance with Section 66462 of the Government Code. The amount of the credit shall be determined as follows: (a) The fair market value of the donated and accepted facilities and /or land as of the date on which the final or parcel map was recorded shall be determined by written agreement of the police and the subdivider or applicant or, if they should fail to agree, by an independent appraiser selected by the police and paid for by the subdivider or applicant. (b) The estimated number of people who will reside in the entire subdivision when it is fully developed will be determined by multiplying the number of dwelling units proposed for the subdivision by the estimated average number of people who will reside in each unit and then adding the products. The estimated average number of people who will reside in each dwelling unit shall be the same as that used to calculate the value of "C" in the foregoing formula. (c) A fair market value as determined pursuant to (a) above shall then be divided by the estimated number of people who will reside in the entire subdivision as determined pursuant to (b) above. (d) The estimated number of people who will reside in the unit to be constructed or installed shall be multiplied by the quotient determined pursuant to (c) above. The credit for that unit shall be the dollar amount equal to the product; provided, however, that the amount of the credit shall not exceed the amount of the fee. SECTION 4. Computation of Fee for Nonresidential Construction - The amount of the police facilities fee to be paid pursuant to Section 2 with respect to the construction of a nonresidential building shall be the dollar amount equal to "Y" in the following formula Y = 8FS F where: "A" equals the number value assigned to "A" for the purpose of Section 3; "E" equals the maximum square footage of nonresidential building floor space which can be served adequately by a standard police station; "F" equals the number of square feet of floor space in the buildings for which the permit is issued minus, in cases where the construction is the replacement of modification of existing buildings, the number of square feet of floor space in such existing buildings immediately prior to such replacement or modification; and "G" equals the number one minus the number value assigned to "D" for the purposes of Section 3. 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 5. Use of Police Facilities Fee - All police facilities fees collected pursuant to Section 2 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 police stations serving the service area, or portions thereof, from which the fees were collected. SECTION 6. Administration Fee - In addition to the police facilities fee imposed by Section 2, an administration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction within any service area for which the existing police station or group of police stations is overextended. 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 ordinance. SECTION 7. Refund of Fee - Any fee erroneously collected under color of this ordinance 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 police facilities fee collected pursuant to Section 2 shall be refunded without interest to the payor if the building permit to which it relates is cancelled 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 8. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification together with proof of posting, to be entered in the book of ordinances of this City, APPROVED AND ADOPTED this 19th day of April , 1995. ATTEST: / AA 'Lillian , City Clerk %WPD0CS \RES0LUTI \PD.95 Paul W. Latffason, Jr , Mayor MOORPARK 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. 20o was adopted by the City Council of the City of Moorpark at a meeting held on the 24th day of Apr i l ._, 1995, and that the same was adopted by the following vote: AYES: Councilmembers Hunter, Mont;;omerv, Perez, Wozniak, and Mayor Lawrason NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 24th day of April 1995. are I ` PAUL W LAWRASON JR BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY JOHN E WOZNIAK Mayor Mayor Pro Tern Counrdm( -: ? i Councilmember Councilmember