Division 7 — BRIDGE AND THOROUGHFARE FEES

SEC. 15-235. PURPOSE.

The purpose of this division is to make provision for establishing, apportioning and collecting fees pursuant to Subdivision Map Act, Cal. Gov't Code, Section 66410 and following, as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges over waterways, railways, freeways or canyons or of constructing major thoroughfares.

(`64 Code, Sec. 27-89.70) (Ord. No. 2387)

SEC. 15-236. DEFINITIONS.

For the purposes of this division, the following words shall have the following meanings:

(A) BRIDGE - A bridge referred to in the transportation or flood control provisions of the general plan of the city which identify railways, freeways, streams, or canyons for which bridge crossings are required.

(B) CIRCULATION ELEMENT OR TRANSPORTATION OF FLOOD CONTROL PROVISIONS - The circulation element of the general plan of the city and the transportation and flood control provision thereof, heretofore adopted by the city pursuant to Cal. Gov't Code, Chapter 3 of Title 7, together with any additions or amendments thereto hereafter adopted.

(C) CONSTRUCTION - Design, acquisition of right-of-way, administration of construction contracts, actual construction, and associated activities.

(D) MAJOR THOROUGHFARE - A roadway as shown on the circulation element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the State highway system.

(`64 Code, Sec. 27-89.71) (Ord. No. 2387)

SEC. 15-237. ESTABLISHING AN AREA OF BENEFIT; PUBLIC HEARING.

(A) Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the city council shall consider:

(1) The boundaries of the area of benefit;

(2) The costs, whether actual or estimated, of the bridge and/or major thoroughfare improvements;

(3) A fair method of allocation of costs to the area of benefit and fee apportionment;

(4) How there is a reasonable relationship between the use of the fees and the type of development project, as defined in Cal. Gov't Code, Section 66000, on which

the fee is proposed to be imposed;

(5) How there is a reasonable relationship between the need for the bridges or major thoroughfares to be financed from the proceeds of the fees and the type of

development project on which the fee is proposed to be imposed; and

(6) How there is a reasonable relationship between the amount of the fee and the cost of the bridges and/or major thoroughfares or portion thereof attributable to

the development on which the fee is proposed to be imposed.

(B) Notice of the public hearing shall be given pursuant to Cal. Gov't Code, Sections 65091 and 66016. In addition to the requirements of Cal. Gov't Code, Sections 65091 and 66016, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment.

(C) (1) At any time, not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefitted by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. Such protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owner's making the same, in writing, at any time prior to the conclusion of the public hearing.

(2) If there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefitted by the improvement and

sufficient protest 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 city council shall not, for one year from the filing of the written protest, commence or carry on any proceedings for the same improvements under the provisions of this division.

(3) 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 abandoned and the city council shall not, for one year from the date of the decision of the city council on the hearing, commence or carry on any proceedings for that same portion of the improvement under the provisions of this division; provided, however that 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 a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths 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 such portion of the improvement.

(D) (1) If the city council finds that a majority protest has not been made, the city council shall decide whether or not to confirm the area of benefit and establish the fees applicable thereto.

(2) If the city council determines to confirm the area of benefit and establish fees applicable thereto, the city council shall announce its decision by resolution, a

certified copy of which shall be recorded with the county recorder. The resolution shall include:

(a) The purpose of the fee;

(b) The bridges and/or major thoroughfares to be financed from the proceeds of the fees;

(c) The costs, whether actual or estimated, of the bridge and/or major thoroughfare improvements;

(d) The method of fairly allocating the costs to the area of benefit and fee apportionment;

(e) A schedule of the fees established by such resolution;

(f) The determination of how there is a reasonable relationship between the use of the fees and the type of development project, as defined in Cal. Gov't Code,

Section 66000, on which the fee is proposed to be imposed;

(g) The determination of how there is a reasonable relationship between the need for the bridges or thoroughfares to be financed from the proceeds of the fees

and the type of development project on which the fee is proposed to be imposed; and

(h) The determination of how there is a reasonable relationship between the amount of the fee and the cost of the bridges and/or major thoroughfares or portion

thereof attributable to the development on which the fee is proposed to be imposed.

(3) The fees and the area of benefit to which such fees are apportioned shall be established as set forth in a city council resolution. 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.

(4) Any fee established pursuant to this section shall become effective 60 days following the date of adoption of the resolution establishing such fee.

(`64 Code, Sec. 27-89.72) (Ord. No. 2387)

SEC. 15-238. REQUIREMENT FOR PAYMENT OF BRIDGE AND THOROUGHFARE FEES.

(A) Prior to filing a final map which includes land within an area of benefit established pursuant to this division, the subdivider shall pay, or cause to be paid, any fees established and apportioned to said property pursuant to this division.

(B) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this division, the applicant for such permit shall pay, or cause to be paid, any fees established and apportioned pursuant to this division, unless such fees have been previously paid pursuant to subsection (A) of this section.

(`64 Code, Sec. 27-89.73) (Ord. No. 2387)

SEC. 15-239. REQUIREMENTS FOR BRIDGES AND THOROUGHFARES.

Notwithstanding the provisions of section 15-238:

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

(B) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area benefit.

(`64 Code, Sec. 27-89.74) (Ord. No. 2387)

SEC. 15-240. EXEMPTIONS FROM FEE.

Notwithstanding the provisions of section 15-238, payment of such fees shall not be required for:

(A) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the city engineers of all such alteration, enlargement or construction completed within any one- year period does not exceed one-half of the current market value, as determined by the city engineer, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the existing building or structure does not result in a change of its classification of occupancy as defined in Uniform Building Code Section 501;

(B) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.

(`64 Code, Sec. 27-89.75) (Ord. No. 2387)

SEC. 15-241. CONSIDERATION IN LIEU OF PAYMENT OF FEES.

Upon application by the subdivider or applicant for a building permit, the city council may accept substitute consideration in lieu of fees required pursuant to this division; provided:

(A) The city council finds, upon recommendation of the city engineer, that the substitute consideration has a value equal to or greater than the fee; and

(B) The substitute consideration is in a form acceptable to the city council.

(`64 Code, Sec. 27-89.76) (Ord. No. 2387)