§ 9-14

• (a) The City Council of the City of Ojai finds that future development or redevelopment of property within the City will result in traffic volumes that exceed the capacity, at acceptable levels of service, of the existing City-wide circulation system.

• (b) The City Council of the City of Ojai has determined that the failure to expand the capacity of the existing circulation system will cause unacceptable levels of service and congestion on streets and intersections, traffic accidents, air pollution, noise and restrictions on access for emergency vehicles.

• (c) The City Council also finds and declares that, in the absence of this chapter imposing a fair share traffic fee upon new development and redevelopment, existing and future sources of revenue are inadequate to fund a substantial portion of the circulation system improvements necessary to avoid unacceptable levels of service and congestion and related adverse impacts.

• (§ 1, Ord. 778, eff. January 11, 2005)

• (a) The City Council of the City of Ojai finds and determines that 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 and redevelopment of land within the City consistent with the General Plan.

• (b) The City Council finds and declares that this chapter contains a fair and equitable method of determining the extent to which the development or redevelopment 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. The City Council further finds and declares that a fair and equitable cost distribution may take into account the complex interrelationships between different land uses, traffic impacts, the relative benefit of particular improvements to different land uses, the General Plan, local and regional social, economic and commercial needs, and the distribution of the payment of mitigation fees.

• (c) The City Council finds and declares that this chapter and the actions taken pursuant to its terms are necessary to assure that development and redevelopment take place in a manner consistent with the General Plan, and that this chapter is necessary to assist in implementing the circulation, land use and other elements of the General Plan.

• (d) The City Council finds and declares that 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 and redevelopment within the City. The City Council further finds that all projects subject to this chapter may cause potentially significant cumulative traffic impacts which can be feasibly mitigated through the imposition of traffic mitigation fees. This chapter shall not preclude the

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City of Ojai, CA § 9-14.02

OJAI CODE

§ 9-14.05

imposition of additional mitigation measures to address significant direct impacts of any development or redevelopment, or to address otherwise unfunded roadway improvements, nor shall this chapter preclude adoption of statements of overriding considerations, in accordance with the California Environmental Quality Act where desirable and appropriate.

(§ 1, Ord. 778, eff. January 11, 2005)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them below.

"Acceptable LOS" means, with respect to any given road segment or intersection within the City, the applicable "minimum acceptable Level of Service (LOS)" specified in Policy CIR-1 of the Circulation Element Policies of the General Plan.

"ADT" or "average daily trips" means the total number of motor vehicle trips that will occur over the roads on the average work day.

"City road system" means all public roads maintained by the City and all portions of the State highway system lying within the City.

"Community Development Director" means the City's Community Development Director or his or her designee.

"County" means the County of Ventura, California.

"Diverted linked trips" has the meaning assigned to that term by the ITE Trip General Manual.

"Estimated ADT," when used with reference to a particular development, means the ADT that, according to estimates made in accordance with Section 9-14.05, will be generated by that development.

"General Plan" means the City's General Plan as amended from time to time.

"ITE Trip Generation Manual" means the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers.

"LOS" or "level of service" has the meaning assigned to that term by the Circulation Element Policies of the General Plan.

"Pass-by trips" has the meaning assigned to that term by the ITE Trip Generation Manual. (§ 1, Ord. 778, eff. January 11, 2005)

A traffic impact mitigation fee computed pursuant to Section 9-14.05 shall be paid as a condition of approval of any building permit, unless exempt pursuant to Section 9-14.09. (§ 1, Ord. 778, eff. January 11, 2005)

Except as otherwise provided in this section, the amount of the traffic impact mitigation fee to be paid pursuant to Section 9-14.04 shall be computed in accordance with the following formula:

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-14.05

§ 9-14.06

Fee = [A × B × (1 + C) × D] + E

where:

"A" equals the estimated ADT for the development for which the building permit is issued;

"B" equals the estimated total cost per ADT, expressed in 2004 dollars, of the pro rata cost of all improvements to the City road system that are or will have to be made between July 1, 2003 and June 30, 2023 in order to maintain an acceptable LOS on the City road system if the development that is projected by the General Plan to occur between July 1, 2003 and June 30, 2023 within the City actually occurs;

"C" equals 5% of value "B," which 5% is hereby determined to be the estimated amount, expressed in 2004 dollars, of the development's pro rata share of the cost of administering this chapter;

"D" equals an inflation adjustment factor, based upon the Engineering News Record, to account for inflation from July 1, 2003 to the date the fee is computed; and

"E" equals the amount of the traffic impact mitigation fee, if any, imposed by this chapter on development located within the City for purposes of reimbursing the County or other responsible agency pursuant to an agreement for the development's pro rata share of the cost of improvements to the County's road system that are needed to accommodate additional traffic generated by that development.

The specific number to be assigned to "A" with respect to any development for which an adequate traffic study has been prepared shall be the estimated ADT specified in the traffic study for that development. The specific number value to be assigned to "A" with respect to any other development shall be the applicable estimated ADT determined by reference to a Traffic Generation Factor Table to be adopted from time to time by resolution of the City Council based upon evidence presented to it. That table shall list appropriate land categories, appropriate measurement units within each category and the estimated ADT for each measurement unit. For example, the table might list low-density residential as one category of land use, list a dwelling unit as the appropriate measurement unit and list an estimated ADT for each dwelling unit within such housing. The estimated ADT for each measurement unit on the table shall be computed in consideration of the average trip length, pass-by trips and diverted linked trips, if any, associated with the land use category to which the measurement unit belongs. In cases where the development use does not clearly fall within one of the land use categories listed on the table, the person issuing the building permit or zoning clearance shall assign the development to the category that he or she deems most nearly applicable, subject to the appeal process specified in Section 9-14.07. In any case where the development is the modification or replacement of an existing structure or use, the value "A" for the development shall be the estimated ADT for the new or modified structure or use minus the estimated ADT for the existing structure or use.

The specific number values to be assigned to "B," in the foregoing formula shall be determined by resolution of the City Council from time to time on the basis of evidence submitted to it. (§ 1, Ord. 778, eff. January 11, 2005, as amended by § 1, Ord. 781, eff. May 26, 2005)

Any traffic impact mitigation fee imposed as a condition of approval of a building permit shall be paid prior to issuance of the permit or, if otherwise specified in Section 66007 of the Government Code, on the earliest date payment can be required under that section.

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City of Ojai, CA § 9-14.06

OJAI CODE

§ 9-14.07

Payment of the traffic impact mitigation fee shall be in cash; provided that, with the prior permission of the Community Development Director, any portion of the fee (except for the portion attributable to the value "G," if any) may be paid by dedication to the City of certain road improvements having at least an equivalent value. The dedicated road improvements shall be to a portion of the City road system. The value of the dedicated improvements shall, before payment by dedication is made, be determined by the Community Development Director based upon adequate engineering studies and cost data. If the value of the dedicated improvements is less than the portion of the fee that may be paid by dedication, the balance of the fee shall be paid in cash. If the value of the dedicated improvements is greater than the portion of the fee that may be paid by dedication, the City shall not pay for the difference and the portion of the fee attributable to the value "G," if any, shall be paid in cash. For the purposes of this section, payment by dedication of improvements that have not been completed shall be deemed to have been paid when the City has title to the right-of-way to be improved and the improvements are to be completed pursuant to an improvement agreement secured in the manner required by this Code for improvement agreements pertaining to subdivisions. (§ 1, Ord. 778, eff. January 11, 2005)

Any applicant for a building permit pertaining to a development for which the estimated ADT (i.e., the value "A") has been determined by reference to the Traffic Generation Factor Table adopted pursuant to Section 9-14.05 may, if he or she contends that the development was assigned to the wrong category listed on that table, appeal that assignment pursuant to this section. The sole issue on appeal shall be to determine which category listed on the table is the appropriate one for the development in question. The appeal shall be initiated and processed as follows:

• (a) Filing. The appeal shall be filed by the appellant with the Community Development Director prior to payment of the traffic impact mitigation fee. The appeal shall be in writing on a form to be provided by the Community Development Director, shall provide such information as the form may require and shall be accompanied by payment of an appeal fee in an amount established from time to time by resolution of the City Council to be the estimated average cost to the City of each such appeal.

• (b) Notice of hearing. Upon receipt of the completed appeal form and appeal fee, the Community Development Director shall mail to the appellant at the address indicated on the appeal form written notice of the time and place of the hearing on the appeal, which shall be within 15 calendar days after the appeal was filed.

• (c) Hearing. The Community Development Director shall conduct a hearing at the noticed time and place, provided that he or she may continue the hearing to a mutually convenient time and place at the appellant's request.

• (d) Evidence. Testimony may be given in an informal narrative style. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in a civil action.

• (e) Record. The Community Development Director shall record the hearing on a recording device and shall maintain the recording and all documentary evidence submitted at the

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-14.07

§ 9-14.09

hearing in a file established for that purpose.

• (f) Determination. At the conclusion of the hearing, or within a reasonable time thereafter, the Community Development Director shall make a written determination as to which category listed on the table is the appropriate one. The written determination shall contain such findings as may be necessary to bridge the analytic gap between the raw evidence and the conclusion. Such findings shall be supported by the weight of the evidence presented at the hearing. Notwithstanding the foregoing, if no evidence is presented, the termination shall be to dismiss the appeal and no further findings need to be made.

appropriate one. The written determination shall contain such findings as may be necessary to bridge the analytic gap between the raw evidence and the conclusion. Such findings shall be supported by the weight of the evidence presented at the hearing. Notwithstanding the foregoing, if no evidence is presented, the termination shall be to dismiss the appeal and no further findings need to be made.

• (g) Notice of determination. The Community Development Director shall promptly mail the written determination to the appellant at the address indicated on the appeal form. The written determination, once issued, shall be final and conclusive.

• (§ 1, Ord. 778, eff. January 11, 2005)

All traffic impact mitigation fees collected pursuant to Section 9-14.02 shall be deposited in a restricted account within the City treasury in accordance with Section 66006 of the Government Code. Except as otherwise provided in this section, all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of administering this chapter and of maintaining or making improvements to the City road system. That portion, if any, of the fee that is collected to reimburse the County for the cost of County street improvements (the value "G" in the fee formula) shall be paid to the County in accordance with the applicable agreement or agreements between the County and the City pursuant to which that portion of the fee was imposed.

(§ 1, Ord. 778, eff. January 11, 2005)

The following are exempt from the traffic impact mitigation fee imposed pursuant to this chapter:

• (a) Accessory structures, walls and fences;

• (b) Remodel of existing residential structures where no additional living accommodations are created.

• (§ 1, Ord. 778, eff. January 11, 2005)

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City of Ojai, CA § 9-15.01

BUILDING REGULATIONS

§ 9-15.02