For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them below:
"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.
"Floor space"
means "floor area" as the latter term is defined in the applicable
section of the most recent version of the Uniform Building Code.
"Library facilities"
means library collection materials including books, video
and audio materials, periodicals, CD-ROM disks, and other related
materials which are available in, or for loan from, the Moorpark library;
computers for public access and designed for use by library patrons;
library capital improvements, including financing, acquiring, constructing,
remodeling, landscaping, lighting, and/or furnishing such public library
facilities; and studies related to library buildings and capital improvements,
operations and management, and collections and materials.
"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.
(Ord. 238 § 2, 1997; Ord. 283 § 1, 2002; Ord. 325 § 1, 2005; 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 library service facilities.
B. Sources
of city revenue other than library 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 library 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
library facilities system. The city may therefore require developers
to mitigate library service facilities impacts caused by their development
and to pay a library facilities development impact fee that will be
used to mitigate those impacts by constructing library facilities,
as applicable. The purpose of the library facilities fee is to fund
new development's share of the future library facility that is needed
to serve the new population growth. Each new resident and worker creates
a demand for additional library facilities. In order to accommodate
these needs, an expansion to the new library will be built as outlined
in the Civic Center Master Plan.
(Ord. 238 § 2, 1997; Ord. 517 § 5, 2023)
A. Except as provided in Section
3.36.230 of this chapter, the required library service facilities fee for new construction shall be paid in an amount established by resolution of the city council. The amount of the library service 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 library 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 library facilities fee required
for each development project based on the applicable land use category
and corresponding rate specified in the resolution that adopts the
library 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. 238 § 2, 1997; Ord. 517 § 5, 2023)
A. The
following uses and types of developments may be exempted from the
payment of library 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, and related facilities.
7. Facilities
serving the health and safety of the public, including, without limitation,
hospitals, police, fire, and safety facilities.
B. A developer
may be exempted or allowed a reduction in fees from the library 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 library facilities
fee requirements if the developer enters into a development agreement
with the City pursuant to which library facilities fees are assessed
to the developer, or equivalent or comparable library facilities improvements
are implemented by the developer.
D. A developer
may be entitled to a reduction in the amount of the library service
fee required if the developer contributes to library facilities for
purposes of which the fee is collected as provided in the adopted
nexus study. The library facilities fee may be reduced by the amount
of library facilities improvement costs that would be reasonably incurred
by the city in building those same library facilities improvements.
The amount of such reduction shall be subject to the approval of the
community development director, with concurrence from the city manager,
prior to contribution toward the library facilities.
E. A developer
may be entitled to a reduction in the amount of the library facilities
fee required if the development is located in an assessment district
that has been formed to construct facilities pursuant to the most
current library facilities plan, the most current capital improvement
plan, or the annual budget process, as applicable. The library facilities
fee may be reduced by the amount of the total assessment placed upon
the development for the costs of library facilities improvements.
The amount of such reduction shall not exceed the amount of the library
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 library 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. 238 § 2, 1997; Ord. 517 § 5, 2023)
All library facilities fees collected pursuant to Section
3.36.210 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 only for the purposes of acquiring or improving library facilities serving the service area.
(Ord. 238 § 2, 1997; Ord. 517 § 5, 2023)
An applicant subject to the payment of library 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. 238 § 2, 1997; Ord. 517 § 5, 2023)
The amount of the library service 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 May 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)
A. A developer
subject to the library 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 library service 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
3.36.230, 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 library 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 pursuant to this article 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 library facilities fee collected pursuant to Section
3.36.210 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the building official within 180 calendar days alter such cancellation or expiration.
(Ord. 238 § 2, 1997; Ord. 517 § 5, 2023)