Ventura Municipal Code Ch. 4.215 Service Area Park Mitigation Fee 12

12 Cross reference(s): Public parks, beaches and street trees, Title 20.

A. Intent. The city council of the city of San Buenaventura finds as follows:

1. Under the parks and recreation element of the city’s comprehensive plan, there is an existing service area park deficiency in the east end service area of the city, and future residential development or redevelopment of property within the city pursuant to the adopted comprehensive plan will exacerbate that deficiency and the overall service area park deficiency within the city.

2. Failure to provide a service area park in the east end service area will cause unacceptable wear and impact on existing park facilities elsewhere within the city.

3. At this time, it is known that in the absence of imposing the service area park mitigation fee established by this chapter, existing and anticipated sources of revenue will be insufficient to provide for acquisition and development of the necessary east end service area and other service area parks to implement the comprehensive plan, and the cumulative adverse impacts of new development on the city park system will go unmitigated.

4. Future development and redevelopment within the city will impact the east end service area park deficiency, as well as the service area park deficiency, and will directly contribute to the need for, and benefit from, an east end service area and other service area parks. It is thus reasonable and appropriate that such development and redevelopment should assist in mitigating the adverse impacts that it will cause in this respect by helping to defray the costs involved in seeking to mitigate this deficiency via payment of the service area park mitigation fee established under this chapter.

B. Purpose.

1. The city council of the city of San Buenaventura finds and determines that the adoption of the service area park mitigation fee established by this chapter will provide a mechanism for mitigating cumulative adverse impacts of new development and redevelopment on service area park needs within the community and assist the city in acquiring and developing a necessary service area park in the east end of the city consistent with the comprehensive plan.

2. The city council also finds and declares that this chapter contains a fair and equitable method for requiring new development and redevelopment of land to assist in alleviating adverse impacts on the city’s park system. (Code 1971, § 1921)

“Service area” shall mean a geographic section of the city composed of several planning communities.

“Service area park,” also known as “community park,” means a park which serves several planning communities, is a minimum size of 20 acres, and which usually contains special features and amenities.

“Service area park standard” shall denote the established standard within the parks and recreation element of two acres per 1,000 population. (Code 1971, § 1922)

A. Applicability. The provisions of this chapter shall apply to all new development and redevelopment within the city.

B. Basis of the Fee. The service area park mitigation fee will be based upon the unfunded acquisition and development costs for an east end service area and other service area parks as funding deficiencies are reasonably identified to begin meeting needs identified within the parks and recreation element of the city’s comprehensive plan.

C. Calculations. The service area park mitigation fee will be calculated and adopted by city council resolution from time to time in accordance with the following procedures:

1. The city council will identify the base cost necessary to acquire and develop the service area park or parks deemed appropriate for inclusion.

2. The city council will determine the amount of the estimated current and future funding available to satisfy the costs of acquisition and development. In determining the amount of funding available, the council will take into account funding from other governmental entities, city revenues earmarked for park purposes, private contributions and all other reasonably anticipated sources of park funding.

3. The city council will determine the difference, if any, between the estimated costs and the estimated funding anticipated to be available.

4. The service area park mitigation fee payable pursuant to this chapter will be established as follows:

a. Residential development fees will be determined by dividing the total new population to be permitted by the city pursuant to the comprehensive plan into 80 percent of the difference determined under subsection (C)(3) of this section. This per-person cost will be multiplied by the AQMP standard number of people per dwelling unit type to arrive at a per type of dwelling unit fee. The residential fees will then be established by the council at an amount not to exceed the amounts so determined.

b. Commercial development fees will be determined by dividing the total commercial square footage that is likely to take place within the city pursuant to the comprehensive plan into five percent of the difference determined under subsection (C)(3) of this section, to obtain a per square foot of “floor area” fee. Floor area will be determined pursuant to Section 407 of the UBC. The commercial fee will then be established by the council at an amount not to exceed the amounts so determined.

c. Industrial development fees will be determined by dividing the total industrial square footage that is likely to take place within the city pursuant to the comprehensive plan into 15 percent of the difference determined under subsection (C)(3) of this section, to obtain a per square foot of “floor area” fee. Floor area will be determined pursuant to Section 407 of the UBC. The industrial fee will then be established by the council at an amount not to exceed the amounts so determined. (Code 1971, § 1923)

A. Requirement to Pay. Any project that will add one or more residential units and/or commercial or industrial square footage within the city is required to pay the fee established under this chapter. This requirement shall constitute a condition to issuance of a building permit for any such project, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205.

B. Time of Payment. The service area park mitigation fee shall be paid prior to the issuance of any building permit for any development required to pay such a fee, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205.

C. Fee Constitutes a Debt. The service area park 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. Once a fee is paid at the level in effect at the time of issuance of a building permit for a particular unit or project, no additional fee shall be due or payable with respect to such unit or project in the event of a subsequent increase in fee level. A decrease in fee level, if any, within three years of the payment of any fee, shall entitle any person who paid a higher fee to a refund of any excess amount paid.

D. Deferral of Impact Fee. The payment of the service area park mitigation fee may be deferred for qualifying projects subject to the requirements of Chapter 4.205. (Code 1971, § 1924; Ord. No. 2024-006, § 3, 10-22-24)

A. Use of Funds. The fees paid pursuant to the provisions of this chapter will be set aside by the city into a fund to be used solely for the purpose of funding acquisition and development costs related to service area park provisions. (Code 1971, § 1925)

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 service area park mitigation fee to ensure that it is a fair and equitable method for the distribution of costs for service area park provision to assist in keeping pace with the growing population.

C. Appeal Process. The parks and recreation director will be responsible for administering the provisions of this chapter. Decisions made by the parks and recreation 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 director’s determination. The appeal process shall be as provided for in Sections 15.865.010 through 15.865.070. (Code 1971, § 1926)