Camarillo Municipal Code Ch. 11.68 Traffic Impact Mitigation Fees

The city council finds and determines as follows:

A. Based on the staff reports, documentation and oral presentations made by city staff, the city council originally enacted this chapter in 1989, imposing a traffic mitigation fee program ("program").

B. Pursuant to the provisions of this chapter as originally adopted, a computerized traffic modeling study was to be prepared in order to update the program.

C. A computerized traffic modeling study ("study") was prepared by the city's traffic engineering consultants and has been adopted by resolution of the city council.

D. Based upon the study and other evidence presented to the city council, the city council has concluded as follows:

1. All types of new development within the city will cause a burden on the city's circulation system as well as on certain portions of the adjacent county circulation system, will contribute to a reduction in levels of service below those which currently exist, will result in unacceptable traffic congestion and related adverse impacts, and in some cases will result in traffic volumes that exceed the street capacity at acceptable levels of service; and

2. A failure to expand the capacity of the existing circulation system will cause a reduction in levels of service, unacceptable levels of congestion on streets and intersections, traffic accidents, air pollution, noise, and restrictions on access for emergency vehicles; and

3. In the absence of this program imposing a fair share traffic mitigation fee upon new development, existing and future sources of revenue will be inadequate to fully fund the circulation system improvements necessary to avoid a reduction in levels of service and unacceptable levels of congestion and related adverse impacts; and

4. All types of new development in the city will directly benefit from circulation system improvements; and

5. It is necessary to impose a traffic mitigation fee ("fee") on all types of new development within the city in an amount equal to the new development's share of needed traffic improvements; and

6. The public, interest, convenience and necessity require the adoption and implementation of the provisions of this program.

(Ord. 779 § 1, 1993: Ord. 696 § 1 (part), 1989.)

A. The adoption of this chapter will raise additional revenues for construction of necessary circulation system improvements to accommodate traffic that will be generated by development of land within the city consistent with the Camarillo general plan.

B. This chapter contains a fair and equitable method of determining the extent to which the development of land will generate traffic volumes impacting the roadway system and establishes a fair and equitable method for distribution of unfunded costs of circulation system improvements necessary to accommodate the traffic volumes generated by such development.

C. This chapter and the actions taken pursuant to its terms are necessary to assure that development takes place in a manner consistent with the city's general plan.

D. This chapter and the actions taken pursuant to its terms are necessary to provide a fair and equitable method of mitigating the significant cumulative environmental impacts of traffic generated by development within the city. This chapter shall not preclude the imposition of additional mitigation measures to address significant direct impacts of any development, or to address otherwise unfunded roadway improvements, nor shall this chapter preclude the city from adopting statements of overriding considerations where desirable and appropriate or from denying any discretionary development based on traffic impacts.

(Ord. 696 § 1 (part), 1989.)

A. "Development" means any discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, conditional use permits, other land use entitlement permits or certificates of occupancy issued by the city to construct, change, or make lawful the use of a building or property.

B. "Future growth" means the level of new development anticipated in Camarillo consistent with the general plan and shall be expressed in terms of square footage for commercial and industrial uses and in terms of dwelling units for residential uses.

C. "Level of service" means the different operating conditions which occur at an intersection or on a roadway when accommodating various traffic volumes. It is a qualitative measure of the effect of traffic flow factors, such as speed and travel time, interruptions, freedom to maneuver and driver comfort and convenience.

D. "Nexus routine" means the computerized accounting program, developed by the city's traffic engineering consultant and adopted by resolution of the city council, which traces trip ends from each category of land use of new development to a traffic impact, excluding passby trips, and then determines the pro rata share of each impact attributable to the new development.

E. "Passby trip" means a trip end that is actually a stopping off point along a trip on the way to another destination. Passby trips are not included in the calculation of traffic mitigation fees.

F. "Roadway improvements" means those improvements necessary to implement the traffic circulation improvement plan, including but not limited to, paving, grading, roadway substructure, curb and gutter, sidewalks, medians with landscaping, drainage facilities, bridges, traffic signals, street lighting, signing, striping, noise walls, utility relocations, rights-of-way and other improvements or actions necessary to mitigate adverse environmental impacts.

G. "Traffic circulation improvement plan" means the program for maintaining and upgrading the city's traffic circulation system consistent with the general plan. The plan will contain the improvements necessary to construct the traffic circulation system and all estimated associated costs, including by way of example, but not limited to, engineering, right-of-way acquisitions, and necessary legal fees. The traffic circulation improvement plan shall be adopted by resolution of the city council, and shall be revised as necessary.

H. "Trip" means a one-direction vehicular movement with an origin, destination, and no stops in between.

I. "Trip end" means the beginning or ending point of a trip.

(Ord. 779 § 2, 1993: Ord. 696 § 1 (part), 1989.)

A. Applicability. The provisions of this chapter shall apply to all new development which will generate additional vehicle trips.

B. Basis of Fee. A traffic mitigation fee shall be based upon the unfunded roadway improvement costs attributable to new development and the number of trips attributable to new development in each traffic mitigation fee district. The resultant traffic mitigation fee for each category of new development in each traffic mitigation fee district shall be adopted by resolution of the city council.

C. Calculation. Traffic mitigation fees will be calculated in accordance with the following procedures:

1. The unfunded traffic improvement costs shall be determined as follows:

a. The computerized traffic modeling study shall be used to identify future traffic volumes and the resulting future traffic impacts based on the build-out of the city's general plan,

b. A traffic circulation improvement plan shall be established by resolution of the city council for the purpose of mitigating the traffic impacts identified by the computerized traffic modeling study,

c. An estimate shall be made of the costs associated with the traffic circulation improvement plan,

d. An estimate shall be made of the current and anticipated funding available to finance the improvements identified in the traffic circulation improvement plan,

e. A determination shall be made of the difference, if any, between the estimated costs and estimated funding,

f. The extent to which the estimated cost exceeds the estimated funding will be the unfunded costs of the improvements to be funded by the traffic mitigation fee;

2. Traffic mitigation fee districts ("districts") shall be established by resolution of the city council based on geographic areas within the city where new development generally impacts the same locations;

3. The Nexus Routine shall be used to determine the share of each impact caused by each new development in each district;

4. The unfunded traffic improvement costs for each improvement will then be distributed to each land use category of new development in each district in accordance with the same pro rata share developed by the Nexus Routine in determining the percentage of impact attributable to that land use category of new development;

5. New Mixed Use Buildings. Where there are multiple uses within a new building (mixed use building), the following shall apply:

a. For each new mixed use building where there are multiple uses proposed, the traffic mitigation fee shall be in an amount equal to the combined total of the traffic mitigation fees for each of the uses proposed within the building.

b. For each mixed use building where the various proposed uses cannot clearly be segregated into separate categories, the traffic mitigation fee for the entire building shall be based on the mixed use traffic mitigation fee formula.

6. Change in Use.

a. For any change in use or uses, if the new use or uses are in a higher traffic mitigation fee category than the existing use or uses, then the additional traffic mitigation fee shall be in an amount equal to the difference between the traffic mitigation fee for the new use or uses and the traffic mitigation fee for the former use or uses.

b. For any of the uses in subsection (C)(6)(a) of this section, that cannot clearly be segregated into separate categories, the traffic mitigation fee for the unsegregative uses shall be based on the mixed use traffic mitigation fee formula.

(Ord. 850 §§ 1, 2, 1996; Ord. 798 § 2, 1993; Ord. 779 § 3, 1993: Ord. 696 § 1 (part), 1989.)

Except as is otherwise provided by law, the required traffic mitigation fee shall be paid prior to the issuance of any building permit, except that in the case of a development which is not required to secure a building permit, the traffic mitigation fee shall be paid at the time application is made for approval of a change in use.

(Ord. 837 § 2, 1995: Ord. 696 § 1 (part), 1989.)

A. Credit for Certain Developer Installed Road Improvements. In connection with the construction of "roadway improvements" designated for improvement as part of the traffic circulation improvement plan, where a developer dedicates and/or installs "roadway improvements" identified in the plan beyond the following minimums, in-lieu improvement credit will be given against the traffic mitigation fee as hereafter provided.

1. If the developer is required to make roadway improvements more than that required by the adopted pave out policy of the city council, an in-lieu improvement credit will be given for the cost of the excess improvements constructed, as determined by the director of engineering services, against, but not to exceed, the amount of the traffic mitigation fee due.

2. No in-lieu credit shall be allowable for dedication of right-of-way.

3. In-lieu credit will be subject to the prior approval of the director of engineering services. In-lieu credit for the fee is applicable only to the improvements identified in the traffic circulation improvement plan.

B. Credit Spread Among Parcels. The amount of credit due with respect to any property will be spread on the basis of dwelling units for residential projects and net acreage for nonresidential project.

C. Burden of Establishing Entitlement to Credit. The city will utilize its best efforts to maintain records for purposes of determining credits that may be due to any particular property. However, except as otherwise specifically provided by law, the ultimate burden and responsibility for establishing entitlement to any credit shall rest with the person claiming entitlement to a credit.

(Ord. 696 § 1 (part), 1989.)

A. This chapter shall not apply to:

1. A second residential unit permitted pursuant to Section 19.62.162 of this code;

2. Any remodeling and/or expansion of a single-family dwelling unit, so long as the unit remains a single-family dwelling unit;

3. Any residential unit for lower income households as defined in Section 50079.5 of the California Health and Safety Code;

4. Any residential building permit for which an allotment has been received for calendar year 1989 or prior.

B. The city council may, upon written request from the developer, modify the fee for residential units for moderate income households as defined in Section 50093(b) of the California Health and Safety Code.

C. For any exemption or modification granted pursuant to subsections A or B above, the city may require the developer or applicant to enter into an appropriate agreement with the city, guaranteeing the affordability and use of the units.

(Ord. 850 § 3, 1996; Ord. 696 § 1 (part), 1989.)

A. Except for the study surcharge fee imposed pursuant to Section 11.68.045, the fees paid pursuant to the provisions of this chapter shall be set aside by the city in a fund to be used solely for the purpose of funding and construction of roadway improvements necessary to complete implementation of the Traffic Circulation Improvement Plan. During budget review, the city council will review fund balances and required roadway improvements and make determination for use of the funds for the coming fiscal year.

(Ord. 837 § 3, 1995; Ord. 779 § 5, 1993; Ord. 696 § 1 (part), 1989.)

Except as otherwise specifically provided, it is the intent of the city that the fees required by this chapter shall be supplementary to the fees and conditions imposed upon projects pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state and local laws, ordinances, or administrative policy which may authorize the imposition of conditions on or contributions from development.

(Ord. 696 § 1 (part), 1989.)