Article 1 — Major Thoroughfare and Bridge Fee

It is the purpose of this article to set forth the parameters for assessing the major thoroughfare and bridge fee. (Ord. No. 97-11, § 2, 5-5-97)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Area of benefit. 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 project.

Bridge facility. Those locations identified in the transportation or flood control provisions of the transportation sub-element or other element of the general plan or the County of Orange General Plan as requiring a bridge to span a waterway, railway, freeway or canyon.

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

Major thoroughfare. Those roads designated as transportation corridors and major, primary, secondary or collector highways on the master plan of highways, the transportation sub-element of the general plan for the city or for the county. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highways system. (Ord. No. 97-11, § 2, 5-5-97)

• (a) Applicability. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares.

  • (1) The provisions for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the city's or county's general plan adopted at least 30 days prior to the application for a building permit and is on land located within the boundaries of the area of benefit.

  • (2) 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.

  • (3) 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 the time of the adoption of the boundaries of the area of the benefit.

• (b) Area of benefit established. Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the public services director. The city council shall set a public hearing for each proposed area benefitted. Notice of the time and place of the 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 the following manner:

  • (1) Notices shall be given at least 10 calendar days before the hearing by the following:

    • a. Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

    • b. Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit.

    • c. Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

    • d. Notices sent by first-class mail addressed to all municipal advisory committees and known homeowners' associations within the boundary of the proposed area of benefit.

    • e. Notice by first-class mail to any person who has filed a written request with the public services director. The request shall apply for the calendar year in which it is filed.

  • (2) 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 subsection (2)b below, 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 cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the county recorder.

s filed and not withdrawn as specified in subsection (2)b below, 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 cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the county recorder.

  - a. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for the 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 payment of the share of improvement cost apportioned to such lands from other sources. 

  - b. Written protests shall 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 the written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making, the same in writing, at any time prior to the close of the public meeting. 

  - c. 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. The proceedings shall be commenced by a new notice and public hearing as set forth in this subsection. 

  - d. 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 improvements so protected 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. 

• (c) Planned bridge facility or major thoroughfare fund.

• (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 all 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 benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the costs of constructing the improvement.

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

• (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 the advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

• (3) If 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 applicant. The 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 costs 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. No. 97-11, § 2, 5-5-97)

Article 2. Fire Protection System

It is the purpose of this article to set forth the parameters for assessing the fire protection system development impact fee. (Ord. No. 97-11, § 2, 5-5-97)

By city council resolution, a development impact fee shall be established based on the Costa Mesa Fire Protection System Fee Study. The resolution shall set forth the specific amount of the fee and set forth time for payment.

• (a) Limited use of fees. The revenues raised by payment of this impact fee shall be placed in a separate and special account and revenues, along with any interest earnings on that account, and used solely to pay for the city's future construction of facilities and equipment purchases or to reimburse the city for those identified facilities and equipment funded by the city with monies advanced by the city from other sources.

• (b) Fee refunds. A refund may be made when a building permit expires and no extensions have been granted for a development for which the funds have been collected.

• (c) Fee adjustments.

  • (1) A developer of any project subject to the development fee impact program may apply to the city council for an adjustment of the fee. The developer shall have the burden of proving that either the amount of fee charged or the facility and/or equipment financed is disproportionate or not reasonably related to the impact of the project on the fire protection system. The application shall be made in writing and filed with the city clerk no later than:

    • a. Ten days prior to the public hearing on the development permit application for the project; or

    • b. If no development permit is required, at the time of the filing of the request for a building permit.

  • (2) The application shall state in detail the factual basis for the claim of adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application. The decision of the city council shall be final. If an adjustment is granted, any change in use or increase in building intensity within the project shall require reconsideration of the fee adjustment.

• (Ord. No. 97-11, § 2, 5-5-97)