§ 130.28

This chapter is adopted pursuant to Government Code § 66484 which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges and major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.020. - Area of benefit; fee required.

(a)

Whenever land that is proposed to be divided or for which a building permit is sought, lies within the boundaries of an area of benefit, as hereinafter defined and established, a fee in the amount specified by the resolution establishing the area of benefit as adopted or thereafter amended, shall be required as a condition of approval and recordation of any final map or parcel map or of the issuance of a building permit.

(b)

No property shall be assessed a fee under this section for both a final map or parcel map and a building permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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

Bridge means a bridge identified in the circulation portion of the public facilities and services element of the comprehensive general plan or a bridge that is part of a major thoroughfare and spans a waterway, railway, freeway or canyon.

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

Major thoroughfare means those roads designated as an expressway, arterial highway, major highway and secondary highway as defined in section 130.04.070 and reflected in the circulation portion of the public facilities and services element of the comprehensive general plan and whose primary purpose is to carry through traffic and provide a network connecting to or which is part of the state highway system.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.040. - Public hearing to establish area of benefit.

The city council may, by resolution, set a public hearing at any time to determine whether an area of benefit is to be established, to designate the boundaries of an area of benefit, and to identify the major thoroughfares and/or bridges within the area of benefit that are to be constructed, to determine the costs of construction, whether actual or estimated, and to establish a fair basis for allocation of costs to the area of benefit and apportionment of a fee to be collected from owners of real property within the area of benefit. The city clerk shall notice the public hearing pursuant to Government Code § 65091. The notice shall contain the information required by Government Code § 65094 and shall set forth the preliminary information related to the boundaries of the area of benefit, identifying the major thoroughfares and/or bridges to be constructed and the estimated cost of each, and set forth the proposed method of apportioning the fee among property owners.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.050. - Public hearing; protest.

(a)

At the public hearing the city council will consider the preliminary plan prepared by the transportation department that outlines the area to be included within the area of benefit, designates those bridges and/or major thoroughfares to be constructed, the cost estimate with regard to each improvement, and the method for apportioning fees within the area of benefit. The city council will also consider testimony from interested persons, written protests and all relevant evidence submitted.

(b)

All protests are to be in writing and may be filed with the city clerk at any time prior to the close of the public hearing. Each protest must be filed by a person or entity owning property within the proposed boundaries of the proposed area of benefit and describe the property with sufficient specificity that the parcel may be identified. If the person or entity filing the protest is not shown on the last equalized assessment roll as the owner of the parcel, the protest must contain or be accompanied by documentary evidence establishing ownership. A protest may be withdrawn in writing at any time prior to the conclusion of the public hearing.

(c)

If written protests are filed with the city clerk from persons or entities owning more than 50 percent of the land area to be included within the proposed area of benefit and, by the conclusion of the public hearing, a sufficient number of the protests have not been withdrawn so as to reduce the land whose owners are protesting to less than 50 percent, then all proceedings with regard to the area of benefit shall be abandoned and the city council shall not, for one year from the date of the hearing, commence or carry on any proceeding for the same improvements or area of benefit under the provisions of this section.

(d)

If any majority protest is directed against only a portion of the designated improvement, then all further proceeding under the provisions of this section to construct that portion of the designated 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 designated improvements so protested against. The city council may, within a one-year period following a majority protest, commence new proceedings for the construction of the portion of the designated improvements 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 property to be benefitted are in favor of going forward with such portion of the designated improvements.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The city council, by resolution, within a reasonable time after the close of the public hearing, may establish the area of benefit. The resolution shall set forth the boundaries of the area of benefit, specify the designated improvements to be constructed, the cost, actual or estimated, for each of the designated improvements, and establish the fee schedule by which the cost is to be apportioned among the parcels comprising the area of benefit. The decision of the city council represented by the resolution shall be final. A certified copy of the resolution shall be recorded in the office of the city clerk and recorder for the county.

(b)

The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the designated improvement except where the abutting property is provided direct usable access to the major thoroughfare.

(c)

If the area of benefit includes lands not subject to the payment of fees, the city council shall make provision for payment of the fees that would otherwise be chargeable to the lands from other sources. The designation of the alternate funding need not be addressed in the resolution establishing the area of benefit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.070. - Payment of fees.

(a)

Road improvement fees for areas of benefit shall be paid as follows:

(1)

Road improvement fees shall be paid to the director of transportation at the time of issuance of a certificate of occupancy or upon final inspection, whichever occurs first. The fees paid shall be based on the fee schedule in effect on date of payment.

(2)

In the event a land division was previously conditioned to pay road improvement fees prior to recordation of a final or parcel map, the land divider may submit a written request to defer the payment of fees until issuance of a certificate of occupancy or upon final inspection, whichever occurs first. The fees paid shall be based on the fee schedule in effect on the date of payment and shall be paid to the director of transportation.

(3)

The city council may, at the time of approval of a land division, require land divisions within general plan policy areas to pay road improvement fees to the director of transportation prior to recordation of a final or parcel map if the city council finds that:

a.

Early payment of such fees is necessary to defray the actual or estimated costs for the construction of bridges or major thoroughfares; and

b.

The existing bridges or major thoroughfares are currently inadequate or nonexistent and critical to support the land division.

The fees paid shall be based on the fee schedule in effect on the date of payment.

(4)

For any parcel or lot created prior to the adoption of the resolution establishing the area of benefit, road improvement fees shall be paid to the director of transportation at issuance of a certificate of occupancy or upon final inspection, whichever occurs first, for any new construction on a parcel or lot that creates additional dwelling units or increases the value of nonresidential structures by more than one-half of their current market value, as determined by the building official. All fees collected shall be deposited in a separate account designated for each area of benefit. Any fees once collected shall not be returned, except as reimbursement for the construction of designated improvements. The fees shall be based upon the fee schedule in effect on the date of payment.

(b)

Nothing in this section is intended to relieve a subdivider or applicant for a building permit from the requirements imposed under other provisions of this or other city ordinances to dedicate and improve roads as a condition of approval of a tentative map or building permit.

(c)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required for the following:

(1)

The 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, however that the total value as determined by the building official of all such alterations, enlargement or construction which is completed within any one-year period shall not exceed one-half of current market value, as determined by the building official, of all existing buildings or structures on the lot or parcel of land.

(2)

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

(3)

Outdoor advertising structures.

(4)

Wells.

(d)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required unless the designated major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area of benefit at the time of the adoption of the boundaries for the area of benefit.

(e)

Notwithstanding the provisions of subsection (a) of this section, payment of fees shall not be required unless the designated bridge is an original bridge serving the area of benefit or an addition to any existing bridge facility serving the area of benefit at the time of the adoption of the boundaries of the area of benefit. Fees imposed by this section shall not be expended to reimburse the cost of existing bridge construction, unless these costs are incurred in connection with the construction of an addition to an existing bridge for which fees may be required.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.080. - Use of funds.

(a)

Fees shall be deposited in a designated bridge or major thoroughfare fund. A separate fund shall be established for each designated bridge or major thoroughfare project; provided, however, if the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a fund may be established covering all of the bridge or major thoroughfare projects in the area of benefit. Monies 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 cost of constructing the improvement.

(b)

The city may advance money from its general fund or road fund to pay the cost of constructing the designated bridge or major thoroughfare and may reimburse the general fund or road fund for such advances from the bridge or major thoroughfare funds established pursuant to this chapter.

(c)

The city may incur an interest bearing indebtedness for the construction of a designated bridge or a major thoroughfare planned pursuant to this chapter; provided that the sole security for repayment of such indebtedness shall be money in the specific fund established for that designated bridge or major thoroughfare.

(d)

At the discretion of the city council, considerations such as dedication of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

(e)

When required to implement the construction of a specific facility, a project agreement shall be entered into between a developer and the city whereby the developer may advance money for the construction of a facility, or design or construct a facility within the area of benefit; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the fund that has been established for the specific facility. Reimbursement shall be for the amount

agreed upon in advance only and the right to reimbursement shall expire 15 years after the agreement was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.28.090. - Amendments.

The resolution establishing an area of benefit may be amended from time to time by the city council to reflect modifications in either the facilities to be constructed or the area to be included within the area of benefit due to alterations in land use and to reflect adjustments in the fee schedule necessitated by any amendment or increases in construction costs. The amendments shall be adopted by following the same procedure required to establish an area of benefit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.32. - RESERVED CHAPTER 130.36. - FLOOD CONTROL AND DRAINAGE ARTICLE 1. - DRAINAGE FEES

Sec. 130.36.010. - Authority.

This article is adopted pursuant to Government Code § 66483 et seq., which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.020. - Area drainage plan; fee required.

Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.030. - Adoption of area drainage plan.

Each area drainage plan shall be adopted by resolution of the city council, pursuant to the provisions of Government Code § 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city council shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The city council shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of

the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)