§ 17.24

Pursuant to Government Code Section 66584, the board of supervisors may establish zones of benefit and levy fees therefore, as set out in sections 17.24.020 through 17.24.070 and as provided for in [Government Code] Section 66584.

(Ord. No. 355, Exh. A, 9-12-2017)

A benefit fee may be levied by the board of supervisors for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons or of constructing major thoroughfares when such are included in the circulation element, flood protection element or public facilities element of the general plan. No fee shall be levied for reimbursement or costs incurred for major thoroughfares or bridges constructed prior to the time of adoption of a zone of benefit, provided however, a fee may be levied for the addition to or reconstruction or relocation of an existing major thoroughfare or bridge.

(Ord. No. 355, Exh. A, 9-12-2017)

The boundaries of the zone of benefit, the actual or estimated costs and the method of allocation of such costs to the zone of benefit and fee apportionment shall be established by the board of supervisors after notice is given as required by [Government Code] Section 65091 and a public hearing is held before the board. The notice shall contain preliminary information on the proposed boundaries of the area, estimated costs, the proposed method of fee apportionment and the date, time and place of the hearing.

(Ord. No. 355, Exh. A, 9-12-2017)

If at the time the public hearing is opened written protests of the owners of more than one-half of the area included within the proposed zone of benefit have been filed with the clerk of the board of supervisors and sufficient protests are not withdrawn in writing prior to the conclusion of such public hearing, so as to reduce the area represented to less than one-half of that to be benefited, the proceeding shall be abandoned and shall not be reconsidered for at least one year from the date of the abandonment, except as provided in Government Code Section 66484.

(Ord. No. 355, Exh. A, 9-12-2017)

After the hearing, the board of supervisors may adopt a resolution establishing a zone of benefit and levying fees within the zone. The resolution shall include a description of the boundaries of the area of benefit, the total costs, whether actual or estimated, to be levied as fees and the method of fee apportionment. A certified copy of the resolution shall be filed for record with the county recorder.

(Ord. No. 355, Exh. A, 9-12-2017)

A.

Fees levied pursuant to section 17.24.050 are payable as a condition precedent to approval of a final map, parcel map or waiver of parcel map for real property within a zone of benefit. In the case of real property within the zone for which the fee has not been paid pursuant to approval of a final map, parcel map or

waiver of parcel map, the fees are payable as a condition precedent to the issuance of a use permit, building permit, mobile home installation permit, or other development permit or entitlement for use.

B.

Payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the resolution establishing the zone of benefit is adopted or the planned bridge facility is an original bridge, or an addition to an existing bridge facility serving the area at the time the resolution is adopted.

(Ord. No. 355, Exh. A, 9-12-2017)

17.24.070 - Condition for approval of tentative map.

Approval of a tentative map or vesting tentative map may be conditioned upon adoption by the board of supervisors of a resolution establishing a zone of benefit.

(Ord. No. 355, Exh. A, 9-12-2017)

Chapter 17.28 - ADMINISTRATIVE PROCEDURES