§ 16.20

A subdivider, as a condition of approval of a final tract map or final parcel map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as established in this title to defray the costs of constructing major thoroughfares. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Payment of fees shall not be required unless any major thoroughfare is in addition to, or a widening or reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Action to establish an area of benefit may be initiated by the Council upon its own motion or upon the recommendation of the Director, City Engineer, or other designated City employee. The proposal shall be forwarded to the Planning Commission for its review and recommendations at a regular, adjourned, or special meeting. The Planning Commission's comments and recommendations and the Director's report shall be transmitted to the Council. The Council will set a public hearing for each proposed area benefitted. 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 by first class mail addressed to each property owner within the proposed area of benefit, as shown on the last equalized assessment roll of property.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. At the public hearing, the Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the Council may, unless a majority written protest is filed and not withdrawn as specified in subsection C of this section, establish an area of benefit.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 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 with the County Recorder of the County of Orange. Such apportioned fee may be modified by a joint powers agency in accordance with Government Code Section 66484.3(b)(3).

• 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 the property or portions of the property. Where the area of benefit includes lands not subject to the payment of fees pursuant to this chapter, the Council shall make provisions for payment of the share of improvement costs apportioned to lands from other sources.

• C. Written protest 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 of the area of the

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.20.040

§ 16.20.070

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 of the area to be benefitted, then the proposed proceedings shall be abandoned, and the Council shall not, for one year from the filing of the 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 the 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 chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, but the Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. The proceedings shall be commenced by a new notice and public hearing as identified in Section 16.20.030 (Establishment of Area of Benefit—Hearing).

• E. Nothing in this section shall prohibit the 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 of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with the improvement.

n shall prohibit the 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 of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with the improvement.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Fees paid pursuant to this chapter shall be deposited in a major thoroughfare fund. A fund shall be established for each planned major thoroughfare project. If the area of benefit is one in which more than one major thoroughfare is required to be constructed, a separate fund may be established covering all of the major thoroughfares in the area of benefit. If the area of benefit encompasses one or more major thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all thoroughfares, a single fund may be established to account for fees paid. Except as provided in Government Code Section 66484.3(g), moneys in the 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 for the costs of constructing the improvement. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

The Council may approve the acceptance of consideration in lieu of the payment of fees established in this title.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

The City may approve the advancement of money from the general fund or other fund to pay the costs of constructing the improvements covered and may reimburse the general fund or other fund for the advances from major thoroughfares funds established pursuant to this chapter. The sole security for replacement of the indebtedness shall be moneys in the major thoroughfares fund. The City may enter into a joint exercise of powers agreements with other local agencies for the purposes of this chapter.

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City of Los Alamitos, CA

LOS ALAMITOS CODE

§ 16.20.070

§ 16.20.090

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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 major thoroughfare, the Council may enter into a reimbursement agreement with the subdivider or building permit applicant. The agreement may provide for payments to the subdivider or applicant from the 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 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. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. For purposes of carrying out the provisions of this chapter and in accordance with Government Code Section 66484.3, the City may enter into joint exercise of powers agreements with other local agencies and/or may form joint powers authorities and/or joint powers agencies.

• B. Fees paid pursuant to this chapter may be utilized to defray all direct and indirect financing costs related to the construction of major thoroughfares by the joint powers agency. Because the financing costs of major thoroughfares for which a toll charge shall be established or collected represent a necessary element of the total cost of those major thoroughfares, the joint powers agency constructing those facilities may include a charge for financing costs in the calculation of the fee rate. The charge shall be based on the estimated financing cost of any eligible portion of the major thoroughfares for which tolls shall be collected. The eligible portion shall be any or all portions of the major thoroughfare for which a viable financial plan has been adopted by the joint powers agency on the basis of revenues reasonably expected by the joint powers agency to be available to the major thoroughfare, after consultation with representatives of the fee payers.

• C. For purposes of calculating the charge, financing costs shall include only reasonable allowances for payments and charges for principal, interest and premium on indebtedness, letter of credit fees and charges, remarketing fees and charges, underwriters' discount, and other costs of issuance, less net earnings on major thoroughfare funds by the joint powers agency prior to the opening of the facility to traffic after giving effect to any payments from the fund to preserve the federal income tax exemption on the indebtedness. For purposes of calculating the charge for financing costs in the calculation of the fee rate only, financing costs shall not include any allowance for the cost of any interest paid on indebtedness with regard to each eligible portion after the estimated opening of the portion to traffic as established by the joint powers agency. Any and all challenges to any financial plan or financing costs adopted or calculated pursuant to this section shall be governed by Government Code Section 66484.3(k).

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.22.010

§ 16.22.030