Chapter 16.28

MAJOR THOROUGHFARE AND BRIDGE FEES

As a condition of approval of a final map or as a condition of issuing a building permit, a fee shall be paid by the applicant for the final map or building permit, for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares, if the land that is the subject of the final map or building permit lies within an area of benefit. The amount of the fee shall be set by resolution of the City Council. (Ord. 08-08 § 2)

As used in this chapter:

"Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge facility. An area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings.

"Bridge facilities" mean those locations identified in the transportation or flood control provisions of the Circulation Element of the City's General Plan as requiring a bridge to span a stream, railway, freeway or canyon. Should the City not have a General Plan in effect, then, until such time as such a General Plan is adopted, the term "bridge facilities" shall mean those locations identified in the transportation or flood control provisions of the Circulation Element or other element of the General Plan of the County of Riverside as requiring a bridge to span a stream, railway, freeway or canyon.

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

"Major thoroughfare" means those major thoroughfares identified in the Circulation Element of the City's General Plan whose primary purpose is to carry through traffic and provide a network of connecting to the state highway system. Should the City not have a General Plan in effect, then, until such time as such a General Plan is adopted, the term "major thoroughfare" shall mean those major thoroughfares identified in the Circulation Element of the General Plan of the County of Riverside whose primary purpose is to carry through traffic and provide a network of connecting to the state highway system.

(Ord. 08-08 § 2)

The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the Circulation Element of the General Plan adopted by the City Council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the provisions herein for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the Circulation Element of the General Plan of the County of Riverside. (Ord. 08-08 § 2)

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City of Wildomar, CA § 16.28.040

SUBDIVISIONS

§ 16.28.070

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

(Ord. 08-08 § 2)

Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Director of Public Works or other designated City employee. The proposal shall be forwarded to the Planning Commission for its review and recommendations at a regular or special meeting. The Planning Commission comments and recommendations, and the Public Works Director's report shall be transmitted to the City Council. The City Council will set a public hearing for each proposed area of benefit. 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.

(Ord. 08-08 § 2)

• A. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in Section 16.28.070, establish an area of benefit. If an area of benefit is established at the public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare.

• B. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the City Council, a certified copy of which shall be recorded by the City Council with Riverside County Recorder.

• C. 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. Where the area of benefit includes lands not subject to the payment of fees pursuant to Section 66484 of the California Government Code, the City Council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

• (Ord. 08-08 § 2)

• A. Written protest shall be received by the City Clerk any time prior to the close of the public

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City of Wildomar, CA

WILDOMAR CODE

§ 16.28.070

§ 16.28.100

hearing. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

• B. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this chapter.

• C. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this chapter prohibits the City Council, within that 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 benefited are in favor of going forward with that portion of the improvement or acquisition.

• (Ord. 08-08 § 2)

Fees paid pursuant to this chapter 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 all of the bridge projects or major thoroughfares in the area of benefit. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement. (Ord. 08-08 § 2)

The City 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 chapter. (Ord. 08-08 § 2)

If the subdivider, as a condition of approval of the subdivision, or the 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 City Council may enter into a reimbursement agreement with the subdivider or building permit applicant. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdividers or applicant's property in the resolution establishing the area of benefit. If the bridge or major

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City of Wildomar, CA § 16.28.100 SUBDIVISIONS

§ 16.28.110

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. 08-08 § 2)

The City shall levy and collect all major thoroughfare and bridge fees established by the County prior to July 1, 2008, applicable to property within the City. (Ord. 08-08 § 2)

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City of Wildomar, CA

SUBDIVISIONS

§ 16.32.010

§ 16.32.040

CHAPTER 16.32 FLOOD CONTROL AND DRAINAGE