Moorpark Municipal Code Art. VI Park and Recreation Facilities Development Impact Fee

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.

"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.

"Park and recreation facilities"

means park and recreation infrastructure and new facilities and amenities, but does not include parkland acquisition.

(Ord. 517 § 6, 2023)

A. New residential development in the city has attracted and will continue to attract residents to the city, and there is a causal connection between such development projects and the increased need for park and recreation facilities.

B. Sources of city revenue other than park and recreation 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 park and recreation facilities created by new development.

C. 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 park and recreation facilities system. The city may therefore require developers to mitigate park and recreation facilities impacts caused by their development and to pay a park and recreation facilities impact fee that will be used to mitigate those impacts by constructing park and recreation facilities, as applicable. The purpose of the park and recreation facilities fee is to fund new development's fair-share portion of new park and recreation facilities that are necessary to mitigate the impacts of new development.

D. It is further the intent of this article to collect fees on new residential construction to mitigate the impact of additional residents on the demand for park and recreation facilities and to fund park and recreation facility development costs. These facility fees and costs are separate from, and in addition to, the costs to acquire land to be used for park purposes and on which the facilities will be built, which fees and costs for land acquisition are provided by the city's Quimby Act Ordinance as provided in Chapter 16.44 of the Moorpark Municipal Code.

(Ord. 517 § 6, 2023)

A. Except as provided in Section 3.36.530 of this chapter, the required park and recreation facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the park and recreation 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 residential development projects, the required park and recreation facilities 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 park and recreation facilities fee required for each development project based on the applicable land use category and corresponding rate specified in the resolution that adopts the park and recreation 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. 517 § 6, 2023)

A. The following uses and types of developments may be exempted from the payment of park and recreation facilities fees:

1. Construction which does not increase 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. However, 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 park and recreation 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 park and recreation facilities fee requirements if the developer enters into a development agreement with the city pursuant to which park and recreation facilities fees are assessed to the developer, or equivalent or comparable park and recreation facilities improvements are implemented by the developer.

D. A developer may be entitled to a reduction in the amount of the park and recreation facilities fee required if the developer contributes to park and recreation facilities for purposes of which the fee is collected as provided in the adopted nexus study. The park and recreation facilities fee may be reduced by the amount of park and recreation facilities improvement costs that would be reasonably incurred by the city in building those same park and recreation facilities improvements. The amount of such reduction shall be subject to the approval of the community development director prior to contribution toward the park and recreation facilities.

E. A developer may be entitled to a reduction in the amount of the park and recreation facilities fee required if the development is located in an assessment district that has been formed to construct facilities pursuant to the most current park and recreation facilities plan, the most current capital improvement plan, or the annual budget process, as applicable. The park and recreation facilities fee may be reduced by the amount of the total assessment placed upon the development for the costs of park and recreation facilities improvements. The amount of such reduction shall not exceed the amount of the park and recreation 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 park and recreation 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. 517 § 6, 2023)

All park and recreation facilities fees collected pursuant to Section 3.36.520 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 park and recreation facilities or portions thereof, from which the fees were collected. The park and recreation fee is for park and recreation facility development cost only and does not include parkland acquisition costs.

(Ord. 517 § 6, 2023)

An applicant subject to the payment of park and recreation 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. 517 § 6, 2023)

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 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 § 6, 2023; Ord. No. 524, 12/18/2024)

A. A developer subject to the park and recreation 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 park and recreation 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 3.36.430, 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 park and recreation 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 park and recreation facilities fee collected pursuant to Section 3.36.520 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. 517 § 6, 2023)