Thousand Oaks Municipal Code Ch. 2 Capital Improvement Fees

On August 30, 1983, the County adopted a Police Facilities Development Fee in order to relieve the overextension of police station facilities caused by new development. These facilities are impacted by development in the City. The City contracts with the County Sheriff’s Department to provide police services to the incorporated limits of the City. In order to mitigate this impact and to provide for the collection of the Police Facilities Development Fee, the City enacts this chapter.

(§ 1, Ord. 852-NS, eff. February 14, 1984)

For purposes of this chapter, the following definitions shall apply:

(a) Floor space. “Floor space” means “floor area” as the latter term is defined in Section 407 of the Uniform Building Code.

(b) Mobile home. “Mobile home” means a structure transportable in one or more sections, designed to be used as a dwelling unit. This definition does not include recreational vehicles, commercial coaches, or factory-built modular housing.

(c) Multiple-family unit. A “multiple-family unit” is located in a building designed for occupancy by two or more families. This definition includes duplexes (which do not meet the criteria for a single-family unit as defined below), condominiums for which ownership only applies to air space occupied by the unit, and apartments in which units are not individually owned and utility services are shared.

(d) New construction. “New construction,” when applied to construction of residential buildings or the installation of mobile homes, means the 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.

(e) Single-family residence. “Single-family residence” is a unit designed for the occupancy of one family. This definition includes both single-family detached and single-family attached units when the attached unit is subject to separate ownership and entitlement to the land on which the unit sits, the utility services are independent for that unit, and each unit is separated from the other dwelling units either by open space or a vertical wall extending from the ground to the roof.

(§ 2, Ord. 852-NS, eff. February 14, 1984)

Prior to the issuance of any building permit for the new construction of any single-family residence, multiple-family unit, the construction of new nonresidential structures or addition of square footage of floor space to existing nonresidential structures, and prior to the issuance of City water or wastewater permit for any new construction of a mobile home unit, a Police Facilities Development Fee shall be paid to and collected by the City. The fee shall be in an amount as established by resolution of the City Council for each type of unit or facility constructed.

(§ 1, Ord. 852-NS, eff. February 14, 1984)

All fees collected pursuant to Section 8-2.03 shall be deposited in a restricted account within the City Treasury and the fees and any interest earned thereon shall be used only for the purposes of acquiring or improving the police facilities used in providing police services to the City.

(§ 1, Ord. 852-NS, eff. February 14, 1984)

Any fee erroneously collected pursuant to this chapter shall be refunded without interest to the payer if, within one year after the date on which the fee was deposited into the City Treasury, the payer files a written application for refund with the City Clerk and provides proof of such error satisfactory to the City. Any Police Facilities Development Fee collected pursuant to this chapter for any structure where the building permit is subsequently canceled or expires prior to the commencement of construction authorized thereby shall be refunded without interest after deducting a refund processing fee, as set by Councilmanic Resolution, provided the payer files a written application for refund within one hundred eighty (180) days of such cancellation or expiration.

(§ 1, Ord. 852-NS, eff. February 14, 1984)