Chapter 20.40

FEES IN LIEU OF DEDICATION OR IMPROVEMENT

• (a) Fees. As a condition of approval of a final map or parcel map or as a condition of issuing a building permit, the subdivider shall pay fees as provided herein for the purpose of defraying the actual or estimated cost of constructing bridges and/or major thoroughfares.

• (b) Terms Defined. Terms used in this Section shall have the following definitions:

  • (1) Construction. Including but not limited to preliminary studies, design, acquisition for right-of-way, administration of construction contracts, and actual construction.

  • (2) Major Thoroughfare. Roads designated as transportation corridors and major, primary, secondary or commuter highways on the master plan of arterial highways, the circulation element of the General Plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highways system.

  • (3) Bridge Facilities. Locations identified in the transportation or flood control provisions of the circulation element or other element of the General Plan as requiring a bridge to span a waterway.

  • (4) Area of Benefit. An area in which it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

• (c) Application. The provisions of this Section shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's General Plan adopted at least thirty (30) days prior to the application for a building permit and on land located within the boundaries of the area of benefit.

• (d) Payment of Fees for Additional Bridge Facilities or Major Thoroughfares. Payment of fees shall not be required unless any bridge facilities or major thoroughfares are in addition to, or a widening or reconstruction of, any existing bridge facilities and major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

• (e) Establishing An Area of Benefit. Action to establish an area of benefit may be initiated by the Council upon its own motion or upon the recommendation of the public works director. The Council shall set a public hearing for each proposed area benefited. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given in accordance with Government Code Section 65091.

• (f) Payment of Fees. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this Chapter, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this Chapter for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, or constructing major thoroughfares, unless such fees have been paid pursuant to subdivision (a) of this Section.

y within an area of benefit established pursuant to this Chapter, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this Chapter for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, or constructing major thoroughfares, unless such fees have been paid pursuant to subdivision (a) of this Section.

• (g) Exception to Payment of Fees. Notwithstanding the provisions of subsection (a), the payment of bridge and major thoroughfare fees shall not be required to reimburse costs incurred prior to adoption of the area of benefit.

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.40.010

§ 20.40.010

• (h) Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the Council, at which time the boundaries of the area of benefit, the costs of the proposed facility (whether actual or estimated) and a fair method of allocating the costs to the area of benefit and apportioning the fee shall be established. Notice of a hearing shall be given pursuant to Section 20.04.080 of this Title and in addition shall contain preliminary information related to the proposed boundaries of the area of benefit, the estimated cost and the method of fee apportionment proposed.

  • (1) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property within the proposed area of benefit may file a written protest against the proposed bridge facility or major thoroughfare improvement, against the extent of the area to be benefited by the improvements or against the proposed allocation of the costs of the improvement. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same. If the signers are not shown on the last equalized assessment roll as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk, and no other protest or objections shall be considered. Any protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing.

  • (2) If there is a written protest filed with the City Clerk by the owners of more than onehalf (1/2) of the area of the property within the proposed area of benefit, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, unless by a four-fifths (4/5) vote of all the members of the Council the protest shall be overruled. In the event of a successful protest, the Council shall not, for a period of one (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provisions of this Chapter.

to be benefited, then the proposed proceedings shall be abandoned, unless by a four-fifths (4/5) vote of all the members of the Council the protest shall be overruled. In the event of a successful protest, the Council shall not, for a period of one (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provisions of this Chapter.

• (i) Exceptions to Payment of Fees. Notwithstanding the provisions of Section 20.40.020, the payment of fees shall not be required for any of the following:

  • (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Planning Director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Planning Director, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of any building is not such as to change its classification of occupancy as defined by section 501 of the Uniform Building Code.

  • (2) The construction of private garages and other buildings and structures, which are accessory to one-family or two-family dwellings.

• (j) Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the Council may accept consideration in lieu of fees required pursuant to this Chapter, provided:

  • (1) The Council finds, upon recommendation of the City Engineer, that the substitute consideration has a value equal to or greater than such fees; and

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City of Indian Wells, CA § 20.40.010

INDIAN WELLS CODE

• (k) Fees Paid Pursuant to this Section.

  • (1) Fees paid pursuant to this Section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering each of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, to reimburse the City for the costs of constructing the improvement.

  • (2) The Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this Section.

  • (3) If a building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for the portion of the costs of such improvements not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

• (Ord. 249 § 3, 1989)

• (a) Drainage Fees. As a condition of approval of a final map or a parcel map, the subdivider shall pay drainage fees as provided in this Section for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood areas.

• (b) Master Plan of Drainage. The City shall adopt a master plan of drainage. Such plan shall (1) define the various drainage areas included therein, (2) contain an estimate of the total costs of constructing the local drainage facilities required thereby, and (3) include a map of the drainage area showing its boundaries and the location and description of such facilities.

• (c) Fees Set by Council Resolution. The fees to be paid pursuant to subsection (a) shall be in an amount established by resolution of the Council. The fees so established shall be reviewed as necessary and shall be adjusted to reflect changes in the actual or estimated cost of construction of required facilities and administration of the master plan.

• (d) Fees Paid to Planned Local Drainage Facilities Fund. Fees to be paid pursuant to paragraph (a) shall be paid into a "Planned Local Drainage Facilities Fund." A separate such fund

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.40.020

§ 20.40.030

shall be established for each local drainage area. Money in each such fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected or to reimburse the local agency for the cost of engineering and administrative services to form and manage the fund and design and construct the facilities.

• (e) Other Adequate Consideration in Lieu of Fees. At the discretion of the Council, other adequate consideration may be accepted in lieu of the payment of fees otherwise required to be paid pursuant to this Section.

• (Ord. 249 § 3, 1989)

In addition to the drainage fees required to be paid pursuant to Section 20.40.020, the subdivider shall, as a condition of approval of a final map or a parcel map, pay to the flood control agency a fee in an amount established by that agency, for engineering and inspection of any flood control improvements or drainage works serving the subdivision. (Ord. 249 § 3, 1989)

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City of Indian Wells, CA § 20.44.010

SUBDIVISIONS