Calabasas Municipal Code Ch. 12.12 Bridge and Roadway Construction Fees

A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons, and/or constructing major thoroughfares.

(Ord. 99-143 § 1 (part), 1999)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used are defined as follows:

"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 bridge and/or major thoroughfare.

"Bridge facilities" means any crossing for a highway or local road, involving a railway, freeway, stream or canyon, which is required by the General Plan in order to accommodate new urban development within the area of benefit.

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

"Major thoroughfare" means those roads designated in the transportation element of the General Plan, the primary purpose of which is to carry through traffic and provide a network connecting to the state highway system.

(Ord. 99-143 § 1 (part), 1999)

The provisions herein for payment of a fee shall apply only if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the city council at least thirty (30) days prior to the filing of a map or application for a building permit on land located within the boundaries of the area of benefit.

(Ord. 99-143 § 1 (part), 1999)

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

(Ord. 99-143 § 1 (part), 1999)

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

(Ord. 99-143 § 1 (part), 1999)

Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the traffic and transportation commission. The city council will set a public hearing for each proposed area benefitted. 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 pursuant to Section 65905 of the Government Code (Public hearing on application for variance or permit; Notice).

(Ord. 99-143 § 1 (part), 1999)

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, determine to establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the county recorder.

B. 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 this section, the city council shall make provisions for the payment of the share of improvement costs apportioned to such lands from other sources.

C. Written protest will be received by the city clerk at any time prior to the close of the public hearing. If written protests are filed 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 by the protests to less than one-half of the area to be benefitted, 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 under the provisions of this section. Any protest may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

D. 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 barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth above.

E. 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 an improvement or 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 improvement or portion thereof.

(Ord. 99-143 § 1 (part), 1999)

Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project If the benefit area is one in which more than one bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the costs of constructing the improvement.

(Ord. 99-143 § 1 (part), 1999)

The city council may approve the acceptance of considerations in lieu of the payment of fees established herein.

(Ord. 99-143 § 1 (part), 1999)

The city council may approve the advancement of money from the general fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund for such advances from planned bridge facility and/or major thoroughfare funds established pursuant to this section.

(Ord. 99-143 § 1 (part), 1999)

The city may incur an interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares. However, the sole security for repayment of that indebtedness shall be moneys in planned bridge facility or major thoroughfares funds.

(Ord. 99-143 § 1 (part), 1999)

If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the city council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge and/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. 99-143 § 1 (part), 1999)

Nothing in this chapter precludes the city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit.

(Ord. 99-143 § 1 (part), 1999)