Chapter 7.18

MAJOR THOROUGHFARE AND BRIDGE FEES

A subdivider, as a condition of approval of a final or parcel map, or 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.

(Ord. 171 § 1, 2007)

"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.

"Bridge facilities" means those locations identified in the transportation or flood control provisions of the circulation element or other element of the City's General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the term "bridge facilities" shall mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the General Plan of the County of Orange as that Plan existed on December 1, 1989.

"Construction" as used in this chapter has the same meaning as the definition of that term in Government Code Section 66484.3.

"Major thoroughfare" means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways in the circulation element of the City's General Plan. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the term "major thoroughfare" shall mean those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways in the circulation element of the General Plan of the County of Orange as that Plan existed on December 1, 1989. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the State Highway System.

(Ord. 171 § 1, 2007)

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 General Plan adopted by the City Council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the provisions herein for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the General Plan of the County of Orange as that Plan existed on December 1, 1989. (Ord. 171 § 1, 2007)

Payment of fees shall not be required unless any major thoroughfares are in addition to, or a

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.18.040

§ 7.18.070

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. (Ord. 171 § 1, 2007)

Payment of fees shall not be required unless a planned bridge facility is an original bridge serving the area or in addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(Ord. 171 § 1, 2007)

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 will set a public hearing for each proposed area of benefit. 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 as specified in Government Code Section 66484.3. (Ord. 171 § 1, 2007)

• A. 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 C of this section, 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 costs, whether actual or estimated, and the method of apportionment. A certified copy of such resolution shall be recorded with the County Clerk/County Recorder of the County of Orange.

• B. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such 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 costs apportioned to such lands from other sources.

• C. Written protests shall be received by the City Clerk any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half (½) 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 (½) 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 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 (4/5) of the City Council. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

• D. 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

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City of Lake Forest, CA § 7.18.070

LAKE FOREST CODE

§ 7.18.110

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 Section 7.18.060.

• E. 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 fourfifths (4/5) of its members, that the owners of more than one-half (½) of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.

• (Ord. 171 § 1, 2007)

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. Monies in such fund shall be expended solely for the construction or reimbursement for construction of improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the City of Lake Forest for the costs of constructing the improvement. (Ord. 171 § 1, 2007)

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

(Ord. 171 § 1, 2007)

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 chapter.

(Ord. 171 § 1, 2007)

If the subdivider, as a condition of approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thorough-fare, the City Council may enter into a reimbursement agreement with the subdivider or building permit applicant. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdivider's or applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro rata basis

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.18.110

§ 7.18.110

reflecting the actual or estimated costs of the projects covered by the fund. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.010

§ 7.19.020