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