Chapter 19.08 — FEES

19.08.010 - Development Services Fees for Processing, Examination, Review and Inspection, Complete Applications.

At the time that an application for any of the following development entitlements is submitted to the City for consideration, filing or review, and in addition to any applicable Public Facilities Financing Fees as

delineated in Chapter 17.44, and any applicable fees under Sections 19.08.050 and/or 19.08.060, below, the applicable components of the Development Services Fees delineated in Title 17, Chapter 17.44 shall be paid to the City when and as described in Chapter 17.44: tentative map, tentative parcel map, vesting tentative map, vesting tentative parcel map, final map, parcel map, extension of any of the foregoing maps, reversion to acreage, Certificate of Compliance, adjustment plat, boundary adjustment and/or lot line adjustment. Applications for such development entitlements shall not be deemed accepted for processing, nor shall they be deemed complete for purposes of calculating the processing time, unless and until the applicable exaction, fee and/or cost has been paid. Further, all construction and installation of improvements shall be subject to plan review and inspection by the City Engineer or other appropriate department, and the subdivider shall arrange for inspection prior to initiating construction or installation of improvements. The costs to the City for such review, examination and inspection shall be paid as in accordance with the Development Services Fees provisions of Chapter 17.44. Development Services Fee protests shall comply with the provisions Government Code Section 66020, and any amendments thereto.

(Ord. No. 2001-1129, 1-8-02)

At the time of filing a request for a stay with the City Engineer, there shall be paid to the City a litigation stay processing fee equal to one-quarter of the fee described in Section 19.08.010.

The subdivider shall pay a fee to cover the cost incurred by the City in giving any notice or providing any report required by this Title or the Subdivision Map Act.

If payment of a fee is made by check which is later rejected for insufficiency of funds, all processing of the submittal shall cease and shall not be recommended until the fee plus a processing charge in an amount established by City Council resolution is paid in full in cash or by cashier's check.

Prior to filing of any final map or parcel map, the subdivider shall pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Subdivision Map Act Section 66483.

(a)

The purpose of this Section is to make provisions for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Subdivision Map Act Section 66484.

(b)

Whenever the following words are used in this Section, they shall have the following meaning:

Construction means design, acquisition of right-of-way, administration of construction contracts and actual construction.

Major thoroughfare means any roadway as shown on the circulation element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the State highway system.

(c)

Whenever this Section refers to the circulation element of the General Plan or to the transportation or flood control provisions thereof, it shall mean the circulation element of the General Plan and the transportation and flood control provision thereof, heretofore adopted by the City pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted.

(d)

Prior to filing a final map which includes land within an area of benefit established pursuant to this Section, the subdivider shall pay, or cause to be paid, any fees established and apportioned to said property pursuant to this Section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.

(e)

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

(f)

Notwithstanding the provisions of Subsections (d) and (e) of this Section:

(1)

Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.

(2)

Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.

(g)

Prior to establishing an area of benefit, a public hearing shall be held by the City Council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, of the planned bridge and for

major thoroughfare improvements, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established.

Notice of the public hearing shall be given pursuant to Government Code Section 65091. In addition to the requirements of Government Code Section 65091, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

(h)

At any time, not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefitted by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. 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 and, if the signers are not shown on the latest equalized assessment roll(s) as the owners of such property, 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 owner's making the same, in writing, at any time prior to the conclusion of the public hearing.

(i)

If there is a written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of the written protests, commence or carry on any proceedings for the same improvements under the provisions of this Section.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this Section to construct that portion of the improvement so protested against shall be abandoned and the City Council shall not, for one year from the date of the decision of the City Council on the hearing, commence or carry on any proceedings for that same portion of the improvement under the provisions of this Section; provided, however, that nothing in this Section shall prohibit the City Council within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such portion of the improvement acquisition.

(j)

If the City Council finds that a majority protest has not been made, they shall make the determinations required by Subsection (g) of this Section and decide whether or not to confirm the area of benefit.

The Council shall announce its decision by resolution, which shall be recorded with the County Recorder. There are hereby authorized and established, fees for the purpose of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the Council may adopt pursuant to this section. Said fees and the area of benefit to which such fees are apportioned shall be

established as set forth in said resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof.

(k)

Notwithstanding the provision of Subsection (j) of this Section, payment of such fees shall not be required for:

(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 City Engineer, 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 City Engineer, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined in Uniform Building Code Section 501.

(2)

The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.

(l)

Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of fees required pursuant to this Section; provided:

(1)

The City Council finds, upon recommendation of the City Engineer, that the substitute consideration has a value equal to or greater than the fee; and

(2)

The substitute consideration is in a form acceptable to the City Council.

CHAPTER 19.12 - MAJOR SUBDIVISIONS—PROCEDURE