§ 25-30. Bridge crossing and major thoroughfares. — Cypress Planning Code

(A) Purpose.

(1) The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final subdivision 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 Section 66484 of the Government Code.

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City of Cypress, CA

SUBDIVISIONS

§ 25-30

(2) Whenever this section refers to the circulation element of the general plan or the transportation or flood control provisions thereof, it shall mean the circulation element of the general plan and the transportation and flood control provisions 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.

(B) Payment of fees required.

(1) Prior to filing a final subdivision map which includes land within an area of benefit established pursuant to this chapter, 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.
(2) 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 subdivision (B)(1) of this section.
(3) Notwithstanding the provisions of subdivision (1) and (2) of this subsection (B):
- (a) 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.
- (b) 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.

(C) Public hearing.

(1) 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, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. Notice of a hearing shall be given pursuant to Section 65905 of the Government Code and in addition shall contain preliminary information related to the proposed boundaries of the area of benefit, estimated cost and the method of fee apportionment proposed.

(D) Protest.

(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 or against the extent of the area to be benefited 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 last equalized assessment roll 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

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City of Cypress, CA § 25-30

CYPRESS CODE

§ 25-31

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 ( 1/2) of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section.
(E) Exemptions. Notwithstanding the provision of section 25-30(C), 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 director of public works, of all such alteration, enlargement or construction completed within any oneyear period does not exceed one-half ( 1/2) of the current market value, as determined by the director of public works, 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 by Section 501 of the Uniform Building Code.
- (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 twofamily dwellings.
(F) Consideration in lieu of fees. 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 director of public works that the substitute consideration has a value equal to or greater than the fee;
(2) The substitute consideration is a form acceptable to the city council.
(Ord. No. 582, § 2, 9-13-76)