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(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)
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