Oxnard Municipal Code Div. 6 Growth Requirement Capital Fees

(A) This division imposes fees to defray actual or estimated costs of constructing public facilities required to serve population growth and increased demand for public services attributable to development projects.

(B) The city council is committed to expanding the city’s public facilities as necessary to meet the city’s public safety, operational and recreational needs.

(C) The city council has determined that commercial and industrial development projects result in a need for additional public services, which in turn results in a need for additional government and public safety facilities and essential infrastructure and related facilities.

(D) The city council has determined that residential development projects, including new mobile home park development projects, result in significant increases in city population and adversely affect the public facilities-to-population relationship which creates a need for additional government and public safety facilities, essential infrastructure and related facilities, and cultural and recreational facilities.

(`64 Code, Sec. 27-89.60) (Ord. No. 2258, 2979)

The city’s capital improvement plan for the city contains an estimate of the total costs of public facilities required by the plan. For purposes of this division, “costs of public facilities” means any costs related to acquisition, construction, and financing of public facilities and equipment funded through the capital improvement plan, not including costs of routine maintenance.

(`64 Code, Sec. 27-89.61) (Ord. No. 2258, 2979)

(A) The approval of each development project producing population growth or increasing the demand for public services shall be conditioned on the payment of fees to carry out the purpose of this division.

(B) For purposes of this division, “development project” shall not include alteration of an existing structure that does not increase the floor area of the structure.

(`64 Code, Sec. 27-89.62) (Ord. No. 2258, 2710, 2979)

(A) The fees collected shall be used to pay for only the public facilities identified in the capital improvement plan in the categories of government and public safety facilities, essential infrastructure and related facilities, and cultural and recreational facilities.

(B) For purposes of this division, the following words shall have the following meanings:

(1) CULTURAL AND RECREATIONAL FACILITIES - Any libraries, auditoriums, concert halls, parks, playgrounds and similar facilities located in the city.

(2) ESSENTIAL INFRASTRUCTURE - Any facilities for the storage, treatment and distribution of nonagricultural water; facilities for the collection, treatment, reclamation and disposal of sewage; facilities for the collection and disposal of stormwaters and for flood-control purposes; facilities for the generation of electricity and the distribution of gas and electricity; transportation and transit facilities, including, but not limited to, streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports and related facilities; and any other capital projects identified in the capital improvement plan that are not related facilities, cultural and recreational facilities, government facilities or public safety facilities, as defined in this section 15-228.

(3) GOVERNMENT FACILITIES - City hall, city garages and equipment yards, city offices, parking areas and similar facilities in or through which the city conducts general city operations.

(4) PUBLIC SAFETY FACILITIES - Any capital improvements or equipment related to city police and fire operations.

(5) RELATED FACILITIES - Any major landscaping, fountains, monuments, signs and similar structures and facilities of general benefit to the city.

(`64 Code, Sec. 27-89.63) (Ord. No. 2258, 2979)

(A) There is a reasonable relationship between the need for additional public facilities and the type of development projects on which the fee is imposed in that commercial and industrial development projects create a need for additional government and public safety facilities and essential infrastructure and related facilities, and residential development projects create a need for additional government and public safety facilities, essential infrastructure and related facilities, and cultural and recreational facilities.

(B) There is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed in that the fee imposed on commercial and industrial development projects is used to pay for additional government and public safety facilities and essential infrastructure and related facilities, and the fee imposed on residential projects is used to pay for additional government and public safety facilities, essential infrastructure and related facilities, and cultural and recreational facilities.

(C) There is a reasonable relationship between the amount of the fee and the cost of the public facilities or portion thereof attributable to the development project on which the fee is imposed in that the cost estimates used to calculate the fee shall be reasonable cost estimates for constructing the public facilities identified, the total fees to be imposed shall not exceed the total of the cost estimates, and the fees to be imposed on a particular development project shall not exceed the project’s proportionate share of the cost of the facilities that are necessary to serve the development project. The methodology used to determine a project’s proportionate share shall be established in the city’s most recent development impact fee nexus study.

(`64 Code, Sec. 27-89.64) (Ord. No. 2258, 2979)