Moorpark Municipal Code Art. II Police Facilities Development Impact Fee

Note: Prior ordinance history: Ord. 9.

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.

(Ord. 206 § 1, 1995; Ord. 517 § 5, 2023)

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.

(Ord. 206 § 2, 1995; Ord. 517 § 5, 2023)

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 nonresidential 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 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 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 nonresidential 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. Areas that are accessible by the public (i.e., leasing office) will be charged impact fees according to use.

(Ord. 206 § 3, 1995; Ord. 517 § 5, 2023)

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:

a. Increase the square footage of the structure above that of the previously existing structure;

b. Change the use to which the property or structure is to be put; or

c. 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 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.

(Ord. 206 § 4, 1995; Ord. 517 § 5, 2023)

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.

(Ord. 206 § 5, 1995; Ord. 517 § 5, 2023)

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.

(Ord. 206 § 6, 1995; Ord. 517 § 5, 2023)

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 12-month period ending in 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.).

(Ord. 517 § 5, 2023; Ord. No. 524, 12/18/2024)

A. A developer subject to the police facilities fee required by this chapter for a particular project may apply to the city manager, or designee, for: (1) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the police facilities level of service; or (2) 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 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 designee, shall make a decision on the application for adjustment within 30 calendar days after the application has been filed. Notice of the city manager's, or designee's, decision shall be mailed to the applicant.

C. The decision of the city manager, or designee, may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within 15 calendar days after notice of the city manager's, or 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 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 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 90 day protest period has begun.

G. Any fee erroneously collected 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 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 180 calendar days after such cancellation or expiration.

(Ord. 206 § 7, 1995; Ord. 517 § 5, 2023)