Ventura Municipal Code § 4.210.080 Interim measures

11 Cross reference(s): Vehicle and traffic regulations, Title 16.

A. Intent.

1. The city council of the city of San Buenaventura 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.

2. The city council of the city of San Buenaventura 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.

3. 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.

B. Purpose.

1. The city council of the city of San Buenaventura 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 comprehensive plan.

2. 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 comprehensive plan, local and regional social, economic and commercial needs, and the distribution of the payment of mitigation fees.

3. 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 comprehensive plan, and that this chapter is necessary to assist in implementing the circulation, land use and other elements of the comprehensive plan.

4. 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 discretionary 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 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 where desirable and appropriate. (Code 1971, § 1901)

“Future growth” shall mean the level of future development and redevelopment anticipated in Ventura consistent with the comprehensive plan and shall be expressed in terms of undeveloped acreage for each land use category.

“Peak hour trips” shall mean the highest number of single (one-direction) vehicle movements occurring during a weekday in a one-day period between 4:00 p.m. and 6:00 p.m.

“Project” shall include any discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical, or electrical permits, conditional use or 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.

“Roadway improvements” shall include those improvements and related actions necessary to implement the traffic circulation improvement plan and shall include and not be limited to: paving, curb and gutter, sidewalks, medians with landscaping, drainage facilities, traffic signals, street lighting, signing, striping, noise walls, rights-of-way and other improvements or actions necessary to mitigate significant cumulative environmental impacts.

“Traffic circulation improvement plan” shall mean the program for maintaining and upgrading the city’s traffic circulation system to acceptable levels of service consistent with the comprehensive plan. The plan will contain the proposed improvements necessary to complete 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 will be adopted by resolution of the city council.

“Trip generation rate” shall mean the number of peak hour trips generated by a particular land use as adopted by resolution of the city council subject to the recommendation of the community development director. For this purpose and to resolve appeals under Section 4.210.070(C), the community development director may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics or similar trip generation rates. (Code 1971, § 1902; Ord. No. 2000-26, § 2, 12-18-00)

A. Applicability. The provisions of this chapter shall apply to all new development, and to any redevelopment of any existing building or parcel, which will generate additional vehicle trips. The fee provided for in this chapter shall not be required with regard to any reuse of existing buildings (for which a building permit has been issued for initial construction prior to March 17, 1986) in the downtown area as defined and depicted in City Council Resolution No. 85-68 and Exhibit “A” attached thereto.

B. Basis of Fee. The traffic mitigation fee is based upon the unfunded cost of the roadway improvements necessary to upgrade the traffic circulation system as indicated in the traffic circulation improvement plan, the number of peak hour trips anticipated to result from future growth, and the trip generation rate of particular land uses. The fee may also take into account the relative benefit of particular roadway improvements to different land uses and other adjustments to assure the fair and equitable imposition of the fee.

C. Calculation. The traffic mitigation fee will be calculated in accordance with the following procedure:

1. The city council will determine the unfunded cost of the roadway improvements as follows:

a. The city council will determine the estimated cost of roadway improvements and related actions necessary to implement the traffic circulation improvement plan.

b. The city council may also take into account the relative benefit of particular roadway improvements to different land uses in order to allocate the cost of such improvements fairly and equitably among the different land uses.

c. The city council will determine, with respect to roadway improvements, an estimate of the current and anticipated funding available to pay the costs of construction. In determining the amount of funding available, the council will include funding from other governmental entities, city revenues earmarked for roadway construction purposes, and private contributions.

d. The city council will determine the difference, if any, between the estimated costs and the estimated current and anticipated funding available to complete the improvements.

e. The extent to which the estimated cost exceeds the estimated current and anticipated funding will be the unfunded cost of the roadway improvements to be raised via traffic mitigation fees.

2. The city council will determine the anticipated peak hour trips that will result from future growth and the fee per additional peak hour trip in the following manner:

a. The total acreage expected to be developed as the result of future growth in each land use category will be multiplied by the appropriate trip generation rate as adopted by the city council.

b. All of the anticipated additional peak hour trips of each land use category will be summed to determine the additional peak hour trips that the city’s circulation system must accommodate consistent with the comprehensive plan.

c. The city council will determine the fee per peak hour trip by dividing the unfunded cost of roadway improvements by the peak hour trips expected to be generated by future growth.

3. The city council will determine the traffic mitigation fees to be assessed in the following manner:

a. An unadjusted traffic mitigation fee will be calculated by multiplying the fee per peak hour trip by the trip generation rate per land use category.

b. The unadjusted traffic mitigation fee may then be adjusted by the city council, in the reasonable exercise of its discretion, to take into account the capability or tendency of particular land use categories to generate sales tax or other revenue usable for traffic mitigation purposes, or to take into account the capability or tendency of particular land use categories to have any other benefit, adverse impact, or effect which might warrant an adjustment in the traffic fee to make the fee reflect more accurately the interrelationships between the land use category, traffic impacts, roadway improvement costs, the comprehensive plan, local and regional social, economic, and commercial needs and a fair and equitable mitigation fee distribution. In addition, the city council expressly reserves its full legislative discretion to adjust or categorize the traffic mitigation fees to be assessed to the maximum extent permitted by law.

D. Adoption by Council. The resultant traffic mitigation fees will be adopted by resolution of the city council. (Code 1971, § 1903)

A. Requirement to Pay. All projects which are determined by the community development director to have the potential to generate additional present or future vehicle trips are required to pay the traffic mitigation fee established under Section 4.210.030.

B. Time of Payment. The traffic mitigation fee shall be paid prior to the issuance of any building permit for any development required to pay such a fee, except that in the case of a development which is not required to secure a building permit, the fee shall be paid prior to initiation of a changed use which requires a fee payment under this chapter. Notwithstanding the foregoing, any project that has entered into a fee deferral agreement with the city pursuant to Chapter 4.205 shall not be required to pay the traffic mitigation fee prior to the issuance of any building permit.

C. Fee Constitutes a Debt. The traffic mitigation fee provided for by this chapter shall constitute a debt owed to the city by the property owner of any property with respect to which a fee becomes payable.

D. Deferral of Impact Fee. The payment of the traffic mitigation fee may be deferred for qualifying projects subject to the requirements of Chapter 4.205. (Code 1971, § 1904; Ord. No. 2000-26, § 3, 12-18-00; Ord. No. 2024-006, § 2, 10-22-24)

A. Credit for Certain Developer Installed Road Improvements.

1. In connection with the improvement of streets designated for improvement as part of the traffic circulation improvement plan, where a developer dedicates, and/or improves those streets identified in the plan beyond the following minimums, in-lieu improvement credit will be given against the traffic mitigation fee as hereafter provided.

2. If the developer is required to make roadway improvements more than 20 feet from the curb line towards the centerline, an in-lieu improvement credit will be given for the cost of the excess improvements constructed, as determined by the community development director, against, but not to exceed, the amount of the traffic mitigation fee due.

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

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

B. Credit for Certain Developer Paid Assessments. Where a property has participated or is participating in an assessment district, benefit area, or comparable mechanism to accomplish improvements provided for in the adopted traffic circulation improvement plan, credit will be allowed against the traffic mitigation fee to the extent of such participation as determined by the community development director, against but not to exceed the amount of the traffic mitigation fee due. Any contractual obligation between the city of any other person will be considered as appropriate in determining the traffic mitigation fee due.

C. Credit Spread Among Parcels. The amount of credit due with respect to any property that has been divided will be spread on the basis of dwelling units for residential projects and net acreage for nonresidential projects unless the developer specifies otherwise at the time the improvement or other payment creating entitlement to credit is made.

D. 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. (Code 1971, § 1905; Ord. No. 2000-26, § 4, 12-18-00)

A. Use of Funds. The fees paid pursuant to the provisions of this chapter will be set aside by the city in a fund to be used solely for the purpose of funding and constructing roadway and related improvements or acquiring right-of-way 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 a determination for use of the funds for the coming fiscal year. (Code 1971, § 1906)

A. Supplementary Provisions. 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 or contributions on development.

B. City Council Review. As deemed necessary, the city council, in conjunction with the city’s budget sessions, will review and, if appropriate, amend the traffic mitigation fee to ensure that it is a fair and equitable method for the distribution of costs of circulation system improvements necessary to accommodate traffic volumes generated by future growth. Nothing in this chapter shall preclude the city council from establishing a traffic mitigation fee which is less than the maximum amount permissible under this chapter.

C. Appeal Process. The community development director will be responsible for administering the provisions of this chapter. Decisions made by community development director may be appealed to the city council by filing a notice of appeal with the city clerk within 15 days from the date of the community development director’s determination. The appeal process shall be as provided for in Sections 24.565.050, 24.565.060, and 24.565.070.

D. Special Situations. The obligations to pay traffic mitigation fees under this chapter may be modified as follows:

1. A fee deferral agreement may be approved by the city manager, or the city manager’s designee, for proposed development projects if the city manager or designee determines, based on a recommendation from the community development director, that it is not possible to determine an appropriate fee category for the project at the time of building permit issuance because a project, or a portion of a project, does not have identified occupants at the time of building permit application as determined by the community development director. Determinations by the city manager or the community development director in regard to the final traffic mitigation fees, the appropriate fee category for a particular use, or the form and content of fee deferral agreements are final and there shall be no further appeal to the city council thereon. Any such deferral agreement shall provide, at a minimum, for all of the following:

a. A security performance bond in the amount of the assessed traffic mitigation fee as determined by the community development director;

b. A five-year maximum time period for total payment of the traffic mitigation fee;

c. If the project consists of a single building proposed to be occupied by a single user, the community development director shall determine the traffic mitigation fee for that building based upon the first occupant or occupants just prior to building occupancy. If the project consists of more than one building, or a single building comprised of separate units that may eventually be occupied by more than one user, the community development director shall determine the traffic mitigation fee for each building, or each unit within a building, based upon the first occupant or occupants immediately prior to occupancy of the building or unit within a building, as applicable.

2. A fee payment agreement may be approved by the city manager, or the city manager’s designee, for redevelopment projects or projects that are determined by the community development director to qualify under the economic development factors set forth in the economic development work program adopted by the city council as that program or such factors may be from time to time amended. The payment agreement shall cover a period not to exceed five years and include an appropriate interest rate as determined by the community development director in order to reflect the present value of the traffic mitigation fee. (Code 1971, § 1907; Ord. No. 2000-26, § 5, 12-18-00)

A. Interim Fees. Until such time as a full study can be completed to more precisely determine the improvements that will be necessary and the level of fees that should be paid by various types of development pursuant to this chapter, the city council may establish interim fees, by resolution, which shall apply effective upon adoption of said resolution, or upon the effective date of this chapter, whichever occurs later. Said fees will be established in a conservative fashion with respect to improvements and costs known or easily estimable at this time and are expected to be less than the fees that will apply after the full study has been completed. Said interim fees shall be the fees payable pursuant to this chapter until such time as fees are established pursuant to the full study that is underway. In the event that the fees ultimately established under the full study are less, any person having paid a fee in excess of that due under the ultimately established fee shall be entitled to a refund of any excess paid. Payment of an interim fee will constitute full and final payment of any fee associated with this chapter. (Code 1971, § 1908)