Irvine Municipal Code Ch. 11 Fees in Lieu of Dedication or Improvement

The subdivider shall pay to the Orange County Flood Control District a fee established by the district for engineering and inspection of any required level flood control improvements or drainage works.

(Ord. No. 09-03, § 5, 4-28-09)

A. Required. As a condition of approval of a final tract or parcel map or of a subdivision for which a final map is not required, any person seeking such approval shall pay drainage fees as provided herein below for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface waters and stormwaters from local or neighborhood areas.

B. Drainage plan. By this reference, the City hereby adopts a master plan of drainage. Such master plan of drainage defines the various drainage areas included therein, contains an estimate of the total costs of constructing the local drainage facilities required thereby, and includes a map of the drainage area showing its boundaries and the location and description of such facilities.

C. Amount of fees. The fees to be paid upon the filing of a final subdivision map, or as a condition of approval of a subdivision on which a final map is not required, shall be as established by resolution of the City Council, which may be amended from time-to-time. The fees so established shall be reviewed as necessary and shall be adjusted to reflect increases or decreases in the actual or estimated cost of construction of required facilities and administration of the master plan.

D. Findings. The City Council finds that the subdivision and development of property within the planned local drainage areas will require construction of the facilities described in the aforesaid master plan of drainage, and that said fees are fairly apportioned within the local drainage areas both on the basis of benefits conferred on the property proposed to be divided and developed, and on the need for local drainage facilities created by such proposed division and development of other property within the local drainage areas. The City Council further finds that the fee as to any property proposed for division within a local drainage area does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities and the administration of the master plan within such area, which would be assessable on such property if such costs were appropriated uniformly on a per acre basis.

E. Deposit into fund. Fees required by this chapter shall be paid into a "Planned Local Drainage Facilities Fund." A separate fund shall be established for each local drainage area. Money in such fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected or to reimburse the local agency for the cost of engineering and administrative services to form and manage the district and design and construct the facilities. At the discretion of the City Council, other adequate consideration may be accepted in lieu of the payment of fees.

(Ord. No. 09-03, § 5, 4-28-09)

A. Purpose. The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final tract or parcel 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 the provisions of the Subdivision Map Act (Government Code § 66410 et seq.). A major thoroughfare is a roadway as shown on the circulation element of the City's general plan whose primary purpose is to carry through traffic and provide a network connecting to the State highway system.

B. Circulation element. Whenever this section refers to the circulation element of the general plan or to 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, together with any additions or amendments thereto hereafter adopted.

C. Payment of fees required.

1. Prior to approval of a final tract or parcel map which includes land within an area of benefit established pursuant to this division, 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 C.1 of this subsection.

3. Notwithstanding the provisions of Subdivisions C.1 and 2 of this section, the payment of bridge and major thoroughfare fees shall not be required to reimburse costs incurred prior to adoption of the area of benefit.

D. Public hearing. 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 allocating the costs to the area of benefit and apportioning the fee shall be established. Notice of a hearing shall be given pursuant to Section 5-5-109 of this division 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.

E. 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 improvement, against the extent of the area to be benefited by the improvements, or against the proposed allocation of the costs of the improvement. 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. If the signers are not shown on the last equalized assessment roll as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to 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 one-half 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 of that to be benefited, then the proposed proceedings shall be abandoned, unless by a four-fifths vote of all the members of the City Council the protest shall be overruled; and the City Council shall not, for a period of one year from the filing of that written protest, commence or carry on any proceedings for the same improvements or acquisition under the provisions of this section.

3. If any majority protest is directed against only a portion of the proposed bridge facility or major thoroughfare improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement 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 protested against.

F. Exemptions. Notwithstanding the provisions of Section 5-5-1103C, 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 Community Development, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Director of Community Development, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of building is not such as to change its classification of occupancy as defined in the California Building Code.

2. The construction of 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 two-family dwellings.

G. 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; and

2. The substitute consideration is in a form acceptable to the City Council.

(Ord. No. 09-03, § 5, 4-28-09)

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

B. Definitions.

1. The term "construction," as used in this section, includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.

2. The term "major thoroughfare" means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways, the circulation element of the general plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highways system.

3. "Bridge facilities" mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

4. "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 project.

C. The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's general plan or the general plan of the County of Orange adopted at least 30 days prior to the application for a building permit and on land located within the boundaries of the area of benefit.

D. 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.

E. 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 benefit.

F. 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. The City Council shall set a public hearing for each proposed area benefited. 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 § 65091.

G. 1.

This section shall apply to new construction only and existing residential areas delineated on exhibit "A" are expressly excluded from the provisions of this section.

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 G.4, 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 by the City Clerk with the Orange County Recorder's Office.

3. Such 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 such property or portions thereof. Where the area of benefits 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.

4. 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 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 under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of its members. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting.

5. 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 in Subsection F above.

6. 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 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 such improvement or portion thereof.

H. 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. Except as otherwise provided by laws, monies in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, to reimburse the City for the costs of constructing the improvement.

I. The City Council may approve the acceptance of consideration in lieu of the payment of fees established herein.

J. 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 section.

K. 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. Such 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. 09-03, § 5, 4-28-09)