Santa Clara River Trail Final Master Plan - Development Services ...

Santa Clara River Trail Plan
existing facilities, route improvements, and bicycle support facilities. A jurisdiction may apply for
funding to develop or update bicycle plans not more than once every five years.
Air Pollution Buy Down Fees
Another potential local source of funding is air pollution buy down fees, typically tied to trip generation
rates and traffic impacts produced by a proposed project. As an alternative to paying impact fees, a
developer may reduce the number of trips (and hence impacts and cost) by paying for on- and off-site
bikeway improvements that will encourage residents to bicycle rather than drive.
The City may assess impact fees for new development if a developer does not install improvements that
reduce air pollution. The fees are assessed because the City requires transportation demand management
(TDM) for new development. The impact fees are placed in the city’s air pollution buy down fund, which
is the City’s off-site TDM fund recommended by the Air Quality Assessment Guidelines from the Ventura
County Air Pollution Control District. The collected impact fees are allocated by the city council for
projects to reduce single-occupancy vehicle trips and air pollution. Eligible projects include bicycle and
pedestrian planning, bicycle lane striping, sidewalks, bike and pedestrian path acquisition and
construction, and bicycle signage. Funds should not to be used for traffic improvements that do not
principally benefit pedestrians, transit riders, and bicyclists. The Guidelines recommend the fees be spent
or committed to a mitigation project within five years of receipt. Establishing a clear nexus or connection
between the impact fee and the project’s impacts is critical in avoiding a potential lawsuit.
Mello-Roos Community Facilities Act
The Mello-Roos Community Facilities Act was created to compensate for the loss of funds created by the
passing of Proposition 13. When financing for public services or improvements is needed, a Mello-Roos
Community Facilities District (CFD) can be established to fund such necessities through a special tax on
property owners in the area. Bicycle paths and bicycle lanes can be funded as part of a local assessment or
benefit district. Defining the boundaries of the benefit district may be difficult unless the facility is part
of a larger parks and recreation or public infrastructure program with broad community benefits and
support.
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