Agenda - 11-15-2016 - 6-a - Minutes

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5 1 public costs of new development. The fee is charged once to all new residential development in 2 both school districts. Fees charged must be proportional to the actual impact caused which is 3 the reason a technical study is completed; the data-based study determines the proportional 4 impact of housing types and the "maximum supportable impact fee" (MSIF) that can be charged 5 for each type of housing. Proceeds from school impact fees can be used only to increase 6 student membership capacity (e.g., Capital Facilities — new or expanded school buildings) in the 7 school district in which the fee was collected. School impact fee proceeds cannot be used to 8 fund operations or repairs of existing facilities. 9 10 Possible options for updated fee levels include: 11 1. As calculated, adopting at some percentage of the MSIF. 12 2. Collapsing the Single Family Detached category in the Orange County Schools district 13 (due to an unexpected result in this category), charging the "Average"for this housing 14 type in this district, charging fees as calculated for other housing types, and adopting at 15 some percentage of the MSIF. 16 3. Collapsing all housing type categories in both or either school districts, charging the 17 "Average" calculation by housing type, and adopting at some percentage of the MSIF. a. 18 Note for this option: Accessory dwelling units (e.g., granny flats) are included in the 19 multi-family category (0-2 bedrooms) so setting the fee for the "average" calculation may 20 result in an increase for accessory dwelling units, depending on the percentage of MSIF 21 chosen. 22 4. Options 1-3 can also be implemented by increasing the percentage of MSIF over a 23 period of time (e.g., adopt at x% effective 2017, y% effective 2018, and z% effective 24 2019). 25 It should be noted that the adopted percentage of MSIF must be the same for all 26 housing types 27 (e.g., fees cannot be adopted at 40% MSIF for one housing type and 60% MSIF for a 28 different housing type). 29 30 Attachment 2 is the section of the County's General Code of Ordinances that pertains to the 31 Educational Facilities Impact Fee with proposed amendments shown in "track changes" format. 32 Proposed amendments to this section of the Code of Ordinances include: 33 • Adding definitions for the various housing types. 34 • Adding language in Section 30-33 that would require age restricted units that do not 35 remain age restricted for at least 20 years be required to pay the difference between the 36 age restricted fee paid and the non-age-restricted fee in effect at the time a unit is no 37 longer age restricted. 38 • Adding language in Section 30-35(e) clarifying under what conditions a refund would be 39 issued if impact fees were reduced for a particular housing unit type. 40 • Adding language in Section 30-38 to recognize conditional zoning, which was adopted in 41 2011 when the Unified Development Ordinance (UDO)was adopted. 42 43 Since 1995, Orange County has offered an impact fee reimbursement program for school 44 impact fees paid on affordable housing units. From FY2009-10 through FY2015-16, $606,318 in 45 collected impact fees was reimbursed for the 77 affordable single-family housing units and one 46 apartment building containing 6 affordable multi-family units constructed in that time period. 47 Planning staff held a public information meeting on September 26, beginning at 6:00 p.m. 48 Despite publishing display ads in two newspapers, only one person (a staff member with the