La Quinta Municipal Code Ch. 13.52 Major Thoroughfare and Bridge Benefit Districts

This chapter establishes a mechanism for the collection of fees to defray the actual or estimated cost of constructing major transportation facilities. Fees collected pursuant hereto shall be in accordance with Section 66484 of the Government Code.

(Ord. 272 § 1, 1995)

This chapter applies to all real property which may benefit from major thoroughfares and bridges. The fees collected may apply to the preparation of design plans, construction or acquisition of land.

(Ord. 272 § 1, 1995)

The city council may, through the procedures outlined in this chapter, establish districts in which fees are collected to defray the actual or estimated cost of construction, reconstruction, or expansion of major thoroughfares, bridges and other transportation facilities which benefit, or are necessary due to, development of properties within the district. The cost or estimated costs shall include land acquisition, design, plan preparation, construction engineering, and other necessary costs incidental to construction, reconstruction or expansion of the facilities listed above.

(Ord. 272 § 1, 1995)

The city council shall set a public hearing for each area benefited. Notice shall be given to all property owners and local agencies that provide services, shall be published in a newspaper pursuant to Section 65091 of the Government Code, and shall include preliminary information related to the boundaries of the area of benefit, the estimated cost of improvements and the method of fee apportionment. The area of benefit may include additional land or improvements, which is/are the subject of any map or building permit application.

(Ord. 272 § 1, 1995)

Written protests may be made, until the close of the public hearing, by property owners affected by the proposed collection of fees. If, within such time, there are written protests by the owners of more than one-half (½) the property in the area to be benefited by the improvement, and sufficient protests are not withdrawn prior to the close of the hearing so as to reduce the property represented to less than one-half (½) of that to be benefited, then the proposed proceedings shall be abandoned. The city council shall not, for one (1) year after the filing of such written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this chapter. Any protest may be withdrawn by the owner making the protest, in writing, at any time prior to the conclusion of the public hearing.

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 protested against shall be barred for a period of one (1) year. The city council may, however, commence new proceedings not including any part of the improvement or acquisition protested against. Nothing under this title shall prohibit the city council, within the one (1)-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement protested against, if it finds by the affirmative vote of four-fifths (⅘) of its members, that the owners of more than one-half (½) of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition.

(Ord. 272 § 1, 1995)

If the city council determines to proceed with formation of a district, the city council shall adopt a resolution which includes a description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment. A certified copy of the adopted resolution shall be recorded with the Riverside County recorder's office.

The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare. Apportioned fees shall be applicable to all property within the area of benefit unless the city council makes provisions for payment, from other sources, of the share of improvement costs which would have been apportioned to any property excluded from the payment of fees.

(Ord. 272 § 1, 1995)

Fees are payable and shall be collected at the time of issuance of building permits for the property or portions of the property to be assessed.

The city council may accept alternatives in lieu of the fees required by this chapter.

(Ord. 272 § 1, 1995)

Fees which are paid according to the provisions of this chapter shall be deposited in a fund specifically earmarked for planned bridge facilities or major thoroughfares within the district.

Funds accumulated for planned bridge facilities or major thoroughfares serving a district shall be expended solely for the construction, reconstruction or expansion of such facilities or for reimbursement of the cost of such improvements, or to reimburse the city for the cost of making the improvements.

(Ord. 272 § 1, 1995)

The city general plan contains numerous references and policies related to the city's circulation/transportation system, bridges and flood control facilities. The general plan further elaborates upon the need and function of the city's road and drainage systems. The discussion of these matters is located primarily within the circulation and infrastructure and public services elements of the La Quinta general plan.

(Ord. 272 § 1, 1995)