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12 <br /> 1 not calculated in 2008 (i.e., the MSIF percentage point was based on budget needs). <br /> 2 Additionally, a four-year implementation period was adopted since the starting point of 32% of <br /> 3 the MSIF provided a very low partial cost recovery. The fee started at 32% of the MSIF on <br /> 4 January 1, 2009 and moved to 40%, 50%, and 60% each January 1 of subsequent years, <br /> 5 completing the annual increases in 2012. <br /> 6 <br /> 7 The proposed Ordinances (Attachments 2 and 3) include the section of the County's General <br /> 8 Code of Ordinances that pertains to the Educational Facilities Impact Fee with proposed <br /> 9 amendments shown in "track changes" format. Proposed amendments to this section of the <br /> 10 Code of Ordinances include: <br /> 11 • Adding definitions for the various housing types. <br /> 12 • Updating the schedule of public school impact fees in Section 30-33. <br /> 13 • Adding language in Section 30-33 that would require age restricted units that do not <br /> 14 remain age restricted for at least 20 years be required to pay the difference between the <br /> 15 age restricted fee paid and the non-age-restricted fee in effect at the time a unit is no <br /> 16 longer age restricted. <br /> 17 • Adding language in Section 30-35(e) clarifying under what conditions a refund would be <br /> 18 issued if impact fees were reduced for a particular housing unit type. <br /> 19 • Adding language in Section 30-38 to recognize conditional zoning, which was adopted in <br /> 20 2011 when the UDO was adopted. <br /> 21 <br /> 22 The proposed Ordinances differ as follows: <br /> 23 • Attachment 2 is the Ordinance that assumes a multi-family bedroom split of 50/50 (0- <br /> 24 2/3+ bedrooms) <br /> 25 o Attachment 2 would adopt the impact fee levels at 37% of the MSIF, effective <br /> 26 January 1, 2017 with an increase to 47% of the MSIF on January 1, 2018 and a <br /> 27 final increase to 57% of the MSIF on January 1, 2019. <br /> 28 <br /> 29 • Attachment 3 is the Ordinance that assumes a multi-family bedroom split of 75/25 (0-2/3+ <br /> 30 bedrooms) <br /> 31 o Attachment 3 would adopt the impact fee levels at 43% of the MSIF, effective <br /> 32 January 1, 2017 with an increase to 53%% of the MSIF on January 1, 2018 and <br /> 33 a final increase to 63% of the MSIF on January 1, 2019. <br /> 34 <br /> 35 • The sole difference between the two Ordinances is the Schedule of Public School <br /> 36 Impact Fees in Section 30-33, reflecting the information in the above bullets. <br /> 37 <br /> 38 The adopting Ordinance for both options contains language clarifying building permit application <br /> 39 deadlines and by when a building permit would have to be issued in order to pay the 2016 fee <br /> 40 levels (this is relevant for housing unit types that had a lower 2016 fee). This language is <br /> 41 included to ensure that genuine projects are given ample time to go through the normal <br /> 42 permitting process (which can include required revisions prior to permit issuance) while <br /> 43 discouraging premature applications containing inadequate information but which are <br /> 44 submitting for the purpose of beating fee increase deadlines. <br /> 45 <br /> 46 The version of the Ordinance presented at the October 18 BOCC meeting allowed 120 days to <br /> 47 obtain a building permit. As a result of stakeholder comments, this timeframe has been <br /> 48 extended to 180 days. Additionally, in response to stakeholder comments, staff has added <br /> 49 language to allow projects that have an approved Zoning Compliance Permit by January 1, <br /> 50 2017 and which apply for and receive building permits in the prescribed timeframes be <br />