Monterey County Municipal Code Ch. 19.15 Redevelopment Studies Fees

The purpose of this Chapter is to make provisions for the assessment and collection of predevelopment studies fees when the fees are necessary to defray the actual or estimated costs of studies conducted pursuant to this Chapter and to reimburse the County of Monterey for such costs.

(Ord. 3444, 1990)

Whenever the following terms are used in this Chapter they shall have the meanings ascribed to them in this Section:

A. "Areas of benefit" means those areas which are established by the County Board of Supervisors for the purpose of assessing and collecting predevelopment fees.

B. "Predevelopment studies" means any studies or analyses conducted to determine the capability of an area to support new development and to examine the cumulative environmental public facility and service impacts associated with buildout of the area.

C. "County" means the County of Monterey.

D. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided, real property into a subdivision for themselves or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

E. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Properties shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, a community apartment project, and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 66424 of the Government Code.

In order to defray the costs of predevelopment studies, fees shall be imposed:

A. As a condition for acceptance of an application for a subdivision or any development requiring a discretionary permit. The applicant shall pay the fee apportioned to the property as established by the Board of Supervisors for that area of benefit pursuant to the procedures set forth in this Chapter.

B. Fees required to be paid pursuant to Subsection A of this Section shall be paid upon the filing of an application for a subdivision or any development requiring a discretionary permit. An application shall not be deemed complete unless the fees are paid. The fees are not refundable, and payment thereof does not guarantee approval of an application.

(Ord. 3452, 1990; Ord. 3444, 1990)

A. When fees are required by Section 19.15.015, such fees shall be deposited in a predevelopment studies fund. The predevelopment studies fund shall reimburse the County for the costs of conducting predevelopment studies.

B. The County may advance money to pay the cost of predevelopment studies. Monies may be used from the predevelopment fund for the studies. County shall be reimbursed from the predevelopment studies fund for any monies advance by the County for predevelopment studies.

C. Funds shall be disbursed upon written authority of the Board of Supervisors.

D. Notwithstanding any other provision of the ordinance codified in this Chapter, the predevelopment studies fees collected herein shall be used to reimburse the County for costs incurred in preparing predevelopment studies for designated area(s) of benefit.

(Ord. 3444, 1990)

Pursuant to the procedures set forth in this Chapter, the Board of Supervisors may establish areas of benefit and impose reasonable predevelopment studies fees on properties within such areas which may be benefited by the predevelopment studies.

(Ord. 3444, 1990)

A. Areas of benefit may be established by the Board of Supervisors following a public hearing thereon. At the hearing the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established.

B. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a Board of Supervisors resolution, a certified copy of which shall be recorded with the County Recorder.

(Ord. 3444, 1990)

A. At any time not later than the hour set for hearing, pursuant to Section 19.15.030, any owner of property located within an area of benefit may make protest against the proposed predevelop studies or against the extent of the area to be assessed or against both of them. The protests must be in writing and must contain a description of the property in which each signer of the protest is interested, sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of the property, must contain or be accompanied by written evidence that the signers are the owners of the property. All such protests shall be delivered to the Clerk of the Board of Supervisors and no other protests or objections shall be considered. Any protests may be withdrawn by the owners making them, in writing, at any time prior to the conclusion of a public hearing.

B. If there is a written protest filed with the Clerk of the Board of Supervisors by the owners of more than one-half of the area of the property to be benefitted by the predevelopment study, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Board of Supervisors 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 Chapter.

C. If any majority protest is directed against only a portion of the predevelopment study, then all further proceedings under the provisions of this Chapter to said study shall be barred for a period of one year, but the Board of Supervisors shall not be barred from new proceedings not including any part of the studies so protested against. Nothing in this Chapter shall prohibit the Board of Supervisors, within the one-year period, from commencing and carrying on new proceedings for the predevelopment studies so protested against if it finds by the affirmative vote of four-fifths of its members that the owners of a majority of the property within the area of benefit are in favor of going forward with the predevelopment studies.

(Ord. 3444, 1990)

Notice of any hearing held pursuant to this Chapter shall be given to affected property owners and in accordance with Section 65091 of the Government Code. The notice shall contain preliminary information related to the boundaries of the areas of benefit, estimated cost and method of fee apportionment. The area of benefit may include land or land and improvements which are the subject of any predevelopment study to be considered at the proceedings for which notice of the hearing was given.

(Ord. 3444, 1990)

The Board of Supervisors may, by resolution, issue regulations to establish administrative procedures, interpretations and policy direction under this Chapter.

(Ord. 3444, 1990)