Ventura Municipal Code Ch. 22.215 Sewer Capacity Deficiency Fee – Downtown District and Ventura Avenue…

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter to provide a means for securing the public revenues necessary to fund the cost to construct and install increased capacity in the sewer mains and other sewer collection facilities that will be necessary to serve development occurring within the Downtown District and the Ventura Avenue Corridor as delineated in the map attached to the ordinance codified in this chapter (Exhibit A). In accordance with the provisions of this chapter, such revenues will be secured through the imposition of a sewer capacity deficiency fee on all development within the Downtown District and Ventura Avenue Corridor in the manner provided for by Sections 66000 et seq. of the California Government Code. (Ord. No. 2006-003, § 1, 2-13-06)

A. Residential Development. A sewer capacity deficiency fee is hereby assessed and levied upon the owner of residential development constructed on property within the boundaries of the Downtown District and Ventura Avenue Corridor as delineated in the 2005 Ventura General Plan adopted on August 8, 2005, upon the occurrence of any of the following events:

1. The construction of a new building or buildings on the property containing one or more dwelling units;

2. The construction of alterations or additions to an existing building on the property that adds one or more dwelling units to such existing building; or

3. The change in use of an existing building on the property from a previous nonresidential use to a residential use.

B. Nonresidential Development. A sewer capacity deficiency fee is hereby assessed and levied upon the owner of nonresidential development constructed on property within the boundaries of the Downtown District and Ventura Avenue Corridor, as delineated in the 2005 Ventura General Plan adopted on August 8, 2005, upon the occurrence of any of the following events:

1. The construction of a new building or buildings on the property;

2. The construction of alterations or additions to an existing building or buildings on the property that results in the expansion of such existing building or buildings by 100 square feet or more; or

3. The change in use of an existing building on the property from a previous residential use to a nonresidential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code. (Ord. No. 2006-003, § 1, 2-13-06)

A. Determination of Sewer Capacity Deficiency Rates. The sewer capacity deficiency fees assessed and levied upon the owner of residential and nonresidential development pursuant to the provisions of this chapter shall be calculated from the estimated cost of increased capacity in the sewer mains and other sewer collection facilities that will be necessary to serve such new development or an increased intensity in the use of existing development within two existing tributaries: the Downtown District (“Tributary A”) and the Ventura Avenue Corridor (“Tributary B”) in the foreseeable future, as such tributaries appear on the plot map attached to the ordinance codified in this chapter as Exhibit “A” and incorporated herein by this reference. In particular, such fees shall be calculated from the sewer capacity deficiency rates, as determined by EPS in the report dated January 23, 2006, and entitled “Revised Final Report – Sewer Main Capacity Deficiency Fee Nexus Study,” that are based on each development’s pro rata share of the cost of constructing and installing increased capacity in the city’s sewer mains and other sewer collection facilities that will be necessary to serve all such development. Sewer capacity deficiency fees shall be in addition to any sewer connection fees applicable to such development.

B. Sewer Capacity Deficiency Rates. The sewer capacity deficiency rates for residential and nonresidential development located on property within the Downtown District and Ventura Avenue Corridor shall be as specified in Appendix A.

C. Increase in Sewer Capacity Deficiency Rates. If, on July 1, 2006, or on July 1st of any year thereafter, there is an increase in the cost of constructing and installing sewer mains and other sewer collection facilities during the preceding year, then the sewer capacity deficiency rates shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing sewer mains and other sewer collection facilities, shall be made by the city’s utilities manager with the approval of director of public works, and the fee shall be increased in accordance with the annual percentage increase in construction costs which has been established and published in the Engineering News-Record. The percentage increase shall apply uniformly to each sewer capacity deficiency rate and shall take effect automatically as of July 1st of each year. (Ord. No. 2006-003, § 1, 2-13-06; Ord. No. 2014-006, § 6, 5-19-14)

A. Construction of New Residential Development Initially Connecting to the City Sewer System. The sewer capacity deficiency fee to be assessed and levied on residential development initially connecting to the city sewer system shall be equal to the product of the number of dwelling units being constructed within the development and the sewer capacity deficiency rate for residential development.

B. Construction of Additional Residential Dwelling Units in Existing Residential Development Already Connected to the City Sewer System. The sewer capacity deficiency fee to be assessed and levied on existing residential development incident to the construction of additional residential dwelling units within the development shall be equal to the product of the number of additional residential dwelling units being constructed within the development and the sewer main capacity deficiency rate for residential development.

C. Conversion of Existing Nonresidential Development Already Connected to the City Sewer System to Residential Development. The sewer capacity deficiency fee to be assessed and levied on property currently used for nonresidential development at the time all or any part of the property is converted to residential development shall be equal to the product of the number of residential dwelling units being constructed within the development and the sewer capacity deficiency rate for residential development, minus the sewer capacity deficiency fee that would have been assessed and levied on the nonresidential development in the manner hereinafter provided by this section, if the nonresidential development were initially connecting to the city sewer system. Provided, that in no event will the owner of the property be entitled to a refund should the sewer capacity deficiency fee for the existing nonresidential use of the development exceed the sewer capacity deficiency fee for the residential units being added to the development.

D. Construction of New Nonresidential Development Initially Connecting to the City Sewer System. The sewer capacity deficiency fee to be assessed and levied on nonresidential development initially connecting to the city sewer system shall be equal to the product of the amount of nonresidential square footage being constructed within the development and the sewer capacity deficiency rate or rates for each type of nonresidential development.

E. Construction of Additional Nonresidential Square Footage in Existing Nonresidential Development Already Connected to the City Sewer System. The sewer capacity deficiency fee to be assessed and levied on existing nonresidential development incident to the construction of additional nonresidential square footage to any existing or new building within the development shall be equal to the product of the amount of additional nonresidential square footage being constructed within the development and the sewer capacity deficiency rate or rates for each type of nonresidential development.

F. Conversion of Existing Residential Development Already Connected to the City Sewer System to Nonresidential Development. The sewer capacity deficiency fee to be assessed and levied on property currently used for residential development at the time all or part of the property is converted to nonresidential development shall be equal to the product of the nonresidential square footage being constructed within the development and the sewer capacity deficiency rate or rates for each type of nonresidential development, minus the sewer capacity deficiency fee that would have been assessed and levied on the residential development in the manner hereafter provided by this section, if the residential development were initially connecting to the city sewer system. Provided, that in no event will the owner of the property be entitled to a refund should the sewer capacity deficiency fee for the existing residential use of the development exceed the sewer capacity deficiency fee for the nonresidential square footage being added to the development. (Ord. No. 2006-003, § 1, 2-13-06)

Where development within the Downtown District or North Avenue Corridor initially connecting to the city sewer system contains a mixture of new residential and/or nonresidential uses, where additions are being made to existing development that contains a mixture of new residential and/or nonresidential uses, or where the development consists in whole or in part of the conversion of an existing use to a new and different use, the sewer capacity deficiency fee shall be determined from the sum of the sewer capacity deficiency fees applicable to each new use. (Ord. No. 2006-003, § 1, 2-13-06)

Notwithstanding any provisions of this chapter to the contrary, a sewer capacity deficiency fee shall not be assessed and levied for the following properties/developments or under the following circumstances:

A. Construction of new or increased commercial area that does not exceed 100 square feet.

B. Uninhabitable residential structures such as decks, pools, cabanas, sheds or garages.

C. Additions to a single-family residential structure that is not an accessory dwelling unit as defined in Section 24.110.045.

D. Additions to a multifamily residential structure, providing no additional units result and no change in use occurs.

E. Replacement of existing residential structures that have not been vacant for more than five years and that are destroyed as a result of fire, flood, explosion, wind, earthquake, riot, other calamity or other natural disaster, providing the number of units replaced or reconstructed does not exceed the documented number of units of the damaged/destroyed structure.

F. Replacement of existing nonresidential structures that have not been vacant for more than five years and that are destroyed as a result of fire, flood, explosion, wind, earthquake, riot, other calamity or other natural disaster, providing the square footage replaced or reconstructed does not exceed the documented square footage of the damaged/destroyed structure. (Ord. No. 2006-003, § 1, 2-13-06)

Where the owner of property within the Downtown District or Ventura Avenue Corridor is required to construct additional capacity in the sewer collection system serving that area as a condition of securing a building permit or land use entitlement authorizing the development of such property, the property owner shall be entitled to a credit against the sewer capacity deficiency fee assessed and levied in the manner provided by this chapter in an amount equal to the estimated cost of constructing such increased capacity (as updated per Section 22.215.030), or the actual cost of constructing the additional capacity, whichever is less.

In addition, where the property within the Downtown District or Ventura Avenue Corridor is required to construct additional capacity in the sewer collection system serving that area as a condition of securing a building permit or land use entitlement authorizing the development of such property, and the estimated cost of constructing such increased capacity (as updated per Section 22.215.030), or the actual cost of constructing the additional capacity, whichever is less, exceeds the sewer capacity deficiency fee to be assessed and levied in the manner provided by this chapter, then such property owner shall be entitled to a refund agreement per Section 22.210.030(C)(3). (Ord. No. 2006-003, § 1, 2-13-06)

Where a sewer capacity deficiency fee is assessed and levied upon the owner of property in the manner provided by this chapter, such fee will be due and payable at the time a city building permit, a city occupancy permit or a city sewer system connection permit is issued for such premises, whichever first occurs. (Ord. No. 2006-003, § 1, 2-13-06)

Funds collected within the Downtown District as designated in Exhibit A to the ordinance codified in this chapter will be deposited in a separate sewer fund dedicated to capacity improvements serving the Downtown District.

Funds collected within the Ventura Avenue Corridor as designated in Exhibit A to the ordinance codified in this chapter will be deposited in a separate sewer fund dedicated to capacity improvements serving the Ventura Avenue Corridor. (Ord. No. 2006-003, § 1, 2-13-06)