Oxnard Municipal Code Div. 1 In General

(A) This division applies to all development fees imposed by the city council as a condition of development approval for the purpose of financing capital improvements, the need for which is attributable to such development, unless the development fee is exempted herein or by other law.

(B) The development fees to which this division applies include, but are not limited to:

(1) Planned drainage facilities fees imposed pursuant to division 2 of this article;

(2) Planned wastewater facilities fees imposed pursuant to division 3 of this article;

(3) Planned water facilities fees imposed pursuant to division 4 of this article;

(4) Planned traffic circulation facilities fees imposed pursuant to division 5 of this article;

(5) Growth requirement capital fees imposed pursuant to division 6 of this article; and

(6) Mobility fee imposed pursuant to division 7 of this article.

(`64 Code, Sec. 27-88) (Ord. No. 2258, 2979)

(A) The provisions of this division do not apply to any monetary exactions other than development fees.

(B) Such monetary exactions include, but are not limited to:

(1) Taxes or special assessments;

(2) Fees for processing development applications or approvals;

(3) Fees for enforcement of or inspections pursuant to regulatory ordinances;

(4) Fees collected under development agreements adopted pursuant to Cal. Gov’t Code, Sections 65864 et seq.;

(5) Fees specified in Cal. Gov’t Code, Section 66477;

(6) Fees imposed pursuant to a reimbursement agreement by and between the city and a property owner or developer for that portion of the cost of a capital improvement paid by the property owner or developer which exceeds the need for the capital improvement attributable to and reasonably related to the development.

(`64 Code, Sec. 27-88.1) (Ord. No. 2258, 2979)

Except as otherwise provided with regard to a particular development fee, the following definitions apply for purposes of this article and any resolution adopted to implement development fees imposed by this article:

(A) ACCESSORY DWELLING UNIT (ADU) - A second unit on the same lot that is attached or detached from a residential unit.

(B) ADMINISTRATIVE FEES - The share of the Development Impact Fee that is allocated to fund the cost of the City administration.

(C) APPLICANT - The owner, or duly designated agent of the owner, of property as to which a request for development approval is received by the city.

(D) APPROVAL OF A DEVELOPMENT PROJECT - Tentative subdivision map or parcel map approval if development fees could lawfully be imposed at such time; building permit issuance if development fees could not lawfully be imposed at the time of tentative subdivision map or parcel map approval or if the city did not approve a tentative subdivision map or parcel map for the project; or any other inspection, certificate, approval or collection of fees connected with the development project if neither of the foregoing situations applies.

(E) BENEFIT AREA - The geographic area within which development fees are collected and expended for a particular type of capital improvement serving development projects within such area.

(F) BUILDING PERMIT - The permit issued or required for residential development, nonresidential development, commercial development, industrial development or other development within the city, pursuant to and as further defined by the city of Oxnard building code.

(G) CALCULATE - To determine the amount of development fees to be collected based on the need for capital improvements related to a particular development project.

(H) CAPITAL IMPROVEMENTS - Public improvements, such as land and/or facilities for the storage, treatment, or distribution of water; for the collection, treatment, reclamation, or disposal of wastewater; for the collection and disposal of storm waters or for flood control purposes; for the generation of electricity or the distribution of gas or electricity; for transportation and transit, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities; for parks and recreation identified in the city’s adopted capital improvement plan or master plans

(I) CAPITAL IMPROVEMENT PLAN - The five or six year plan for capital improvements adopted or updated annually by the city council. The capital improvement plan indicating the approximate location, size, time of availability and estimated cost of capital improvements to be financed with development fees and appropriates money for capital improvement projects.

(J) COLLECTION - The point at which the development fee due is actually paid by the applicant to the city.

(K) COMMERCIAL DEVELOPMENT - Retail, educational, and downtown non-residential development.

(L) COMMITMENT - Earmarking of development fees to fund or partially fund capital improvements serving new development projects.

(M) DEVELOPMENT FEE - A monetary exaction, other than those referred to in section 15-166, imposed as a condition of or in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements related to the development project.

(N) DEVELOPMENT PROJECT - Any project undertaken for the purpose of development, including a project involving the construction of a building or structure or the reconstruction, addition to, remodeling, rehabilitation, alteration or other improvement of an existing building or structure; however not including the issuance of a permit to operate.

(O) FEE RESOLUTION - The resolution and fee schedule adopted by the city council, as may be amended from time to time, that approves the amount of the impact fees.

(P) HOTEL - Development designed to be occupied less than 30 days per stay.

(Q) IMPOSITION - The determination that a particular development project is subject to the condition of payment of development fees and the attachment of such requirement to the project as a condition of development approval.

(R) INDUSTRIAL DEVELOPMENT - Manufacturing and warehouse development.

(S) MASTER PLAN -

(1) A plan adopted by the city council for a specific type of public facility, including drainage facilities, wastewater facilities, water facilities, and traffic circulation facilities.

(2) A master plan includes, but is not limited to, an estimate of the total costs of constructing the type of facilities required by the plan and a map of the area covered by the plan, showing the location of the facilities.

(T) MULTI-FAMILY - All attached residential dwellings such as duplexes, condominiums, townhomes, apartments, and dormitories.

(U) OFFICE DEVELOPMENT - General, professional, and medical office development.

(V) SINGLE FAMILY - Detached single-family homes.

(`64 Code, Sec. 27-88.2) (Ord. No. 2258, 2979)

(A) Development fees shall not exceed the estimated reasonable cost of providing the facility for which the fee or exaction is imposed.

(B) Except as otherwise provided by law or by this article, development fee amounts and benefit areas shall be established and amended by city council resolution.

(`64 Code, Sec. 27-88.3) (Ord. No. 2258, 2979)

In any action establishing, increasing or imposing a development fee, the city council shall do all of the following:

(A) Identify the purpose of the fee;

(B) Identify the use of the fee. If the use is financing capital improvements, the improvements shall be identified. That identification may, but need not, be made by reference to the capital improvement plan, to master plans, to applicable general or specific plan requirements, or to other public documents that identify the capital improvements for which the fee is charged;

(C) Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed;

(D) Determine how there is a reasonable relationship between the need for the capital improvement and the type of development project on which the fee is imposed; and

(E) Determine how there is a reasonable relationship between the amount of the fee and the cost of the capital improvement or portion of the capital improvement attributable to the development on which the fee is imposed.

(`64 Code, Sec. 27-88.4) (Ord. No. 2258, 2979)

(A) Prior to the establishment or increase of any development fee, the city council shall hold a public hearing at which oral or written presentations may be made, as a part of a regularly scheduled meeting except for the annual adjustment procedure outlined in section 15-171.

(B) Notice of the time and place of hearing, including a general explanation of the matter to be considered, shall be published in accordance with Cal. Gov’t Code, Section 6062a.

(`64 Code, Sec. 27-88.5) (Ord. No. 2258, 2979)

(A) The fees will be automatically adjusted each year based on the Engineering News-Record Construction Cost Index (ENR CCI) for Los Angeles.

(B) In addition, the city may adopt, through resolution, an adjustment to the fees based on revised facility standards, receipt of funding from alternative sources, revised facilities or costs, changes in demographics, or changes to the land use plan.

(`64 Code, Sec. 27-88.6) (Ord. No. 2258, 2979)

An ordinance or resolution establishing a new development fee or increasing an existing development fee shall take effect no sooner than 60 days following the final action by the city council on the ordinance or resolution.

(`64 Code, Sec. 27-88.7) (Ord. No. 2258, 2979)

(A) Development fees shall be imposed as a condition of approval of a development project. No tentative subdivision map or final map or parcel map, grading permit, building permit, final inspection, final approval, or certificate of occupancy shall be approved, made or issued unless the provisions of this section have been fulfilled. An inspection or approval shall be deemed “final” if the inspection or approval is the last one to be performed for the project by the city.

(B) For development projects for which the city issues a building permit, development fees shall be calculated and collected at the time of issuance of the building permit, based on the development fee schedule then in effect. For development projects for which the city does not issue a building permit, development fees shall be calculated and collected, based on the development fee schedule then in effect, at the time of collection by the city of any other fee, at the time of issuance by the city of any other permit, certificate or approval, or at the time of performance by the city of any inspection of the project, which time shall be selected by the director of public works.

(C) Notwithstanding subsection (B) above, planned water facilities fees and planned wastewater facilities fees for residential development projects shall be calculated and collected at the time of application for connection to the utility system. For all development projects already connected to the utility system, such fees based solely on an increase in water meter size or a change in use shall be calculated and collected prior to installation of the larger meter or making a change in use.

(D) The city council has determined that the adoption and annual update of the capital improvement plan, together with the adoption of any applicable master plans, constitutes the adoption of a proposed construction schedule or plan for the public improvements or facilities for which development fees are imposed by this article on residential development. The requirement of payment of such fees by residential development at the time provided in subsection (B) above is, therefore, in accordance with Cal. Gov’t Code, Section 66007, Subdivision (b).

(E) Notwithstanding subsection (B) above, 50% of the amount by which planned traffic circulation facilities fees exceed credits for the provision of planned traffic circulation facilities must be paid prior to issuance of a building permit for a development project. The remaining amount must be paid prior to the sale or transfer of all or any part of the project or issuance of any temporary or permanent certificate of occupancy for all or any part of the project, whichever first occurs.

(F) If the developer, prior to the date upon which fees are otherwise required to be paid under this section, enters into a written agreement with the city providing that at least 20% of the units in the development will be sold or rented only to lower income families or that at least 10% of the units in the development will be sold or rented only to very low income families, as defined in Cal. Health and Safety Code, Sections 50079.5 and 500105 respectively, at housing costs affordable to such families, as defined in Cal. Health and Safety Code, Sections 50052.5 and 50053, for a period of at least ten years from the date of such written agreement, the city council may, in such written agreement or in a separate written agreement entered into prior to the date upon which fees are otherwise required to be paid under this division, agree to do either or both of the following:

(1) Defer payment of all or part of the fees required by this section up to the date that the developer first requests electrical service clearance for a unit in the development;

(2) Calculate development fees for the project based on such fees in effect as of a date no earlier than the date such fees otherwise would be required to be paid under this section.

(`64 Code, Sec. 27-88.8) (Ord. No. 2258, 2284, 2590, 2979)

(A) The city shall deposit development fees received with other fees for the same type of capital improvement in a separate capital improvement account in a manner to avoid commingling of the fees with other city revenues and funds, except for temporary investments, and shall expend the fees solely for the purpose for which they were collected.

(B) Any interest income earned by money in the capital improvement account shall also be deposited in that account and expended only for the purpose for which the fees were collected.

(C) For each separate development fee account, the director of finance shall, within 180 days of the close of each fiscal year, make available to the public the following information:

(1) Brief description of the type of fee in the account or fund.

(2) Amount of the fee.

(3) Beginning and ending balance in the account or fund.

(4) Amount of the fee collected and the interest earned.

(5) Identification of each public improvement for which fees were expended and the amount of expenditures.

(6) Identification of an approximate date by which time construction on the improvement will begin if it is determined that sufficient funds exist to complete the project.

(7) Description of each inter-fund transfer or loan made from the account and when each will be repaid.

(8) Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

(D) The city council shall review the information referred to in subsection (C) of this section at the next regularly scheduled public meeting held not less than 15 days after the information is made available.

(`64 Code, Sec. 27-88.9) (Ord. No. 2258, 2979)

(A) Development fees shall be expended only for the type of capital improvement for which they were imposed, calculated, and collected and shall be expended or committed in accordance with the time limits and procedures established in this article. Development fees may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements.

(B) Development fees shall not be expended to maintain, repair or operate capital improvements.

(`64 Code, Sec. 27-88.10) (Ord. No. 2258, 2979)

The city shall expend or commit development fees deposited in the development fee account within five years from the date of deposit into the fund, except as provided in section 15-177(B).

(`64 Code, Sec. 27-88.11) (Ord. No. 2258, 2979)

(A) Once each fiscal year, the city council shall identify all unexpended or uncommitted development fees in each development fee account.

(B) With respect to any portion of development fees unexpended or uncommitted five or more years after deposit in a development fee account, the city council shall make findings once each fiscal year to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. Such findings need be made only for money, and not for letters of credit, bonds or other instruments taken to secure payment of the fees at a future date. If the city council makes such findings, the fees are exempt from the refund requirements.

(C) The city shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis the unexpended or uncommitted portion of the fee, and any interest accrued thereon, for which need cannot be demonstrated pursuant to subsection (B).

(D) If the city council finds that the administrative costs of refunding unexpended or uncommitted development fees exceed the amount to be refunded, the city council, after a public hearing, notice of which shall be published in accordance with Cal. Gov’t Code, Section 6061 and posted in three prominent places within the area of each development project subject to a refund, may determine that the revenues shall be allocated for other capital improvements for which development fees are collected and which serve the development projects on which the fee was originally imposed.

(E) The city may refund the unexpended or uncommitted portions of development fees by direct payment, by temporarily suspending fees, by offsetting the refunds against other development fees due for development projects on the property, or by other means agreed to by the property owner.

(`64 Code, Sec. 27-88.12) (Ord. No. 2258, 2979)

(A) Any applicant subject to a development fee imposed pursuant to this article who dedicates real property or interests therein to the city for the construction of capital improvements or who constructs, escrows money with the city for the construction of, agrees to participate in an assessment district for the construction of or who otherwise contributes funds for capital improvements may be eligible for a credit for such dedication, construction or contribution against the development fee otherwise due.

(B) Eligibility for, and the amount of, the credit shall be determined by the director of public works based on adopted city standards and procedures, including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular development fee has been imposed, as provided in this article and the capital improvement plan or applicable master plan; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for or cost of capital improvements anticipated to be provided with development fee funds; and the value of the dedication, construction or contribution. In no event, however, shall the credit exceed the amount of the otherwise applicable development fee.

(C) If the cost of construction exceeds the fee credits, the developer may receive a reimbursement as determined by the director of public works based on adopted city standards and procedures, including, but not limited to, whether the dedication, construction or contribution meets capital improvement needs for which the particular development fee has been imposed, as provided for in this article and the capital improvement plan or applicable master plan; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for or cost of capital improvements anticipated to be provided with development fee funds; and the value of the dedication, construction or contribution. In no event, however, shall the reimbursement exceed the lesser of the estimated cost of the improvements shown in the city’s development impact fee nexus study, subject to inflation factors, or the actual cost incurred.

(`64 Code, Sec. 27-88.13) (Ord. No. 2258, 2979)

(A) The applicant may appeal any decision of a city official to the city council, including, but not limited to, calculation of the amount of the development fee, the number of development units, reimbursement due, applicability of an exemption, and eligibility for and amount of a credit or refund.

(B) In order to perfect an appeal, the applicant must file a notice of appeal with the city clerk within ten days following the action of the city official that is the basis of the appeal. The notice of appeal shall include, at a minimum:

(1) Name and address of applicant/agent;

(2) Description, location and size of the affected property;

(3) Land use proposed for the affected property;

(4) Number of residential units proposed, by type and/or number of square feet of nonresidential development by type;

(5) The particular circumstances giving rise to the appeal;

(6) The city official whose action is being appealed;

(7) The grounds for the appeal, i.e., why the city official’s decision is erroneous; and

(8) Such other relevant information as may be requested by the city.

(C) The burden of proof shall be on the appellant to establish that the decision of the city official is erroneous pursuant to the express terms or intent of this article and applicable State law, including, but not limited to Cal. Gov’t Code, Sections 66000 et seq.

(D) The city council shall schedule the appeal to be heard at a regular or special meeting to be held not more than 45 days after the filing of the notice of appeal by the appellant. At least 20 days prior to the hearing date, the city shall notify the appellant of the hearing date by certified mail, return receipt requested, at the address stated on the notice of appeal.

(E) The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the city. Testimony shall be under oath. The city council shall make written findings of fact and conclusions of law after the close of the hearing. However, if the city clerk determines from the notice of appeal or from relevant city documents that the appeal is improper, the city, within 20 days after receipt of the notice of appeal, shall reject the notice of appeal, stating the grounds therefor and notifying the appellant by certified mail, return receipt requested.

(F) A request for a continuance of the hearing may be made by the city council on its own motion or at the request of the appellant. If requested by the appellant, the city council shall determine whether a continuance should be granted.

(G) Within 30 days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the address listed on the notice of appeal.

(H) The findings of fact and conclusions of law shall be completed not later than 10 days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

(I) Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.

(J) Any petition for judicial review of the city council’s final decision shall be filed not later than 90 days following the date on which the decision becomes final, and shall be made in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(K) If the development fee has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the city attorney, in an amount equal to the development fee calculated to be due, the application for development project approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development fee calculated by the city to be due unless sufficient and acceptable surety has been provided.

(L) If, as a result of an appeal pursuant to this section or judicial review pursuant to section 15-180, a development fee is reduced or waived, the city council may determine whether and how such reduction or waiver may affect the development fee calculation methodology. If the city council determines that capital improvement needs are correspondingly reduced, the city council may amend the capital improvement plan, the applicable master plan, the development fee calculation methodology, the applicable development fee, or take such other action as it may deem appropriate. If the city council determines that capital improvement needs remain the same, the city council shall appropriate funds in an amount equal to the reduction or waiver of the development fee and shall deposit same to the applicable development fee account or take such other action as it may deem appropriate.

(`64 Code, Sec. 27-88.14) (Ord. No. 2268, 2979)

(A) An applicant may seek judicial review of:

(1) A final decision by the city council on an administrative appeal, pursuant to section 15-179;

(2) The adoption, by resolution or ordinance, of a new development fee or the amendment of an existing development fee or the automatic adjustment of development fee if such adjustment results in a fee increase, pursuant to this section and Cal. Gov’t Code, Section 66022;

(3) The imposition of a development fee as a condition of development approval, pursuant to this section and Cal. Gov’t Code, Section 66020.

(B) The applicable time periods for and conditions precedent to the filing of an action for judicial review are:

(1) Appeal from a final decision of the city council not later than 90 days following the date on which the decision becomes final;

(2) Adoption of a development fee ordinance or amendment not later than 120 days following the effective date of the ordinance or resolution. However, if the development fee has been directly imposed as a condition of development approval and is challenged as a special tax, the appellant must, at least 30 days prior to initiating legal action, request that the city provide the documents which establish that the development fee does not exceed the cost of the capital improvements. The requirement for this request is a condition precedent to an action challenging the development fee as a special tax, but does not alter the applicable time period for filing an action for judicial review of the fee ordinance or amendment, pursuant to Cal. Gov’t Code, Section 66024;

(3) Imposition of the development fee as a condition of development approval if a protest is timely filed pursuant to this section and Cal. Gov’t Code, Section 66020, not later than 180 days after the date of imposition; if a protest is not timely filed pursuant to this section and Cal. Gov’t Code, Section 66020, not later than 90 days following imposition.

(C) Any party may protest the imposition of a development fee pursuant to Cal. Gov’t Code, Sections 66020 and 66021.

(1) If payment of the development fee has been imposed as a condition of development project approval, the protest shall be filed at the time of such approval or conditional approval of the proposed project;

(2) If the development fee has not been calculated and payment is now required, the protest shall be filed within 90 days after the date of collection;

(3) A valid protest must meet both of the following requirements:

(a) The applicant must tender any required payment in full or provide evidence satisfactory to the city attorney of arrangements to ensure performance of the conditions necessary to meet the requirements of the imposition;

(b) The applicant must serve written notice on the city council, which notice shall contain:

1. A statement that the required payment is tendered, or that any conditions which have been imposed are provided for or satisfied, under protest; and

2. A statement informing the city council of the factual elements of the dispute and the legal theory forming the basis of the protest.

(4) If a valid and timely protest is filed by an applicant, the city council shall schedule a hearing date, at a regular or special meeting, not more than 45 days after the filing of the protest. The city shall notify the protestant of the hearing date by certified mail, return receipt requested, at the address listed on the protest petition at least 20 days prior to the hearing date. However, if it is determined from the protest petition or from relevant city documents that the protest is improper, the city, within 20 days after receipt of the protest petition, shall reject the protest petition, stating the grounds therefor and notifying the protestant by certified mail, return receipt requested.

(5) The hearing of the protest shall be administrative. Evidence may be submitted by the protestant and by the city. Testimony shall be under oath. The city council shall make written findings of fact and conclusions of law after the close of the hearing.

(6) A request for continuance of the hearing may be made by the city council on its own motion or at the request of the protestant. If requested by the protestant, the city council shall determine whether a continuance should be granted.

(7) Within 30 days after the close of the administrative hearing, the city council shall render its decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested at the address listed on the protest petition.

(8) The findings of fact and conclusions of law shall be completed not later than 15 days following the decision of the city council and shall be filed with the city clerk. Upon the request of the applicant, the findings of fact and conclusions of law shall be sent to the applicant.

(9) Upon the filing of the findings of fact and conclusions of law with the city clerk, the decision of the city council shall be deemed to be final.

(10) Any petition for judicial review of the city council’s final decision on the protest shall be filed not later than 90 days following the date on which the decision becomes final, and shall be made in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 27-88.16) (Ord. No. 2258, 2979)

This article shall not affect, in any manner, the permissible uses of property, density or intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the city pursuant to zoning ordinances, subdivision ordinances or other ordinances or regulations of the city.

(`64 Code, Sec. 27-88.17) (Ord. No. 2258, 2979)

Specific development fees imposed by divisions 2, 3, 4, 5 and 6 of article VI of the code reflect a development’s proportionate share of the cost of providing improvements necessary to meet demands created by such development at established city service level standards. As such, development fees are additional and supplemental to, and not in substitution of, either onsite improvement requirements or offsite improvement requirements imposed by the city pursuant to zoning, subdivision or other ordinances and regulations.

(`64 Code, Sec. 27-88.18) (Ord. No. 2258, 2979)

An accessory dwelling unit is a second unit on the same lot that is attached or detached from a residential unit. In accordance with Assembly Bill 881 (AB 881), fees cannot be charged for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, an ADU will pay a percentage of the residential fee based on the square footage of the ADU in proportion to the primary dwelling unit.

(Ord. No. 2979)

(A) The provisions of this chapter shall not be construed to limit the power of the city council to impose any other fees or exactions or to continue to impose existing ones on development within the City of Oxnard, but shall be in addition to any other fees, exactions or other requirements that the city is authorized to impose, or has previously imposed, as a condition of approving plans, rezoning or other entitlements within the City of Oxnard pursuant to State and local laws. In particular, individual property owners shall remain obligated to fund, construct, and/or dedicate the improvements, public facilities and/or pay other exactions authorized or required by, but not limited to: (1) the City of Oxnard public works department improvement standards; (2) school impact fees (Cal. Gov’t Code, Sections 65970 et seq.) and implementing ordinances. Any credits or repayments pursuant to section 15-178 shall not include credits or repayment for the funding, construction or dedications described in this section.

(B) The construction of facilities by a private owner pursuant to section 15-178 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the city’s improvement standards and requirements for public works projects, if applicable to the particular facility.

(Ord. No. 2979)