Chapter 12.19 — BRIDGE DEVELOPMENT FEE

This chapter shall be known and may be cited as the "Bridge Development Fee Ordinance."

(Ord. 456 N.S. (part), 1981)

The purpose of this chapter is to assess fees to all developments in the city on a per acre basis, to be used for bridge or bridges which are determined by the city council as necessary for citywide circulation.

(Ord. 456 N.S. (part), 1981)

The city council may, from time to time, by resolution, issue regulation and set fees for implementation of the chapter.

(Ord. 456 N.S. (part), 1981)

The city does officially establish the following policy in regard to bridge development fees:

All recent environmental impact reports have indicated traffic and general circulation problems and specifically cited the need for additional river crossings. Bridge development is generally to benefit all citizens of El Paso de Robles and as such, new development within the city should share in a portion of bridge costs on a per acre basis.

Bridge development generally benefits nonresidential land to a greater extent than residential land and consequently shall have a higher fee.

(Ord. 456 N.S. (part), 1981)

When fees are required by resolution of the city council, such payments shall be made at the time of request for a building permit.

(Ord. 456 N.S. (part), 1981)

Fees received pursuant to this chapter shall be paid to a bridge development fund and used exclusively for bridge development, including costs necessary for preparation, construction and maintenance of bridges.

(Ord. 456 N.S. (part), 1981)

Government Code Section 66484 authorizes a municipality to require the payment of fees as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons as provided in the circulation element of the general plan and specifically as provided in the flood control provisions, and the circulation element thereof.

(Ord. 498 N.S., (part), 1985)

This chapter is intended to require payment of such fees for the purpose of constructing bridges over waterways, railways, and freeways as follows:

The city council will hold public hearings before setting bridge fees for each area benefited; and notice of hearings will be given pursuant to Section 65091, and such notice shall include preliminary data related to the boundaries of the area of benefit, estimated costs, and the method of fee apportionment; and the public hearings will establish the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs and fee apportioned to the area of benefit. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings. Bridge fees may be established identifying railways, freeways, streams, rivers and canyons over which bridge crossings are required pursuant to such general plan and the transportation, flood control, and circulation elements thereof.

The method of fee apportionment shall not provide for higher fees on land which abuts the proposed improvement if the improvement is deemed to be a major thoroughfare except where the abutting properties provided direct, usable access to the major thoroughfare. 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 resolution of the city council; a certified copy of which shall be recorded by the city council conducting the hearing with the recorder of the county in which the area of benefit is located. The 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. Where the area of benefit includes land not subject to the payment of fees pursuant to this section, the governing agency shall make provision for payment of the share of improvement costs apportioned to those lands from other sources.

The apportioned fees shall be a condition of approval of a final map and/or as a condition of issuing a building permit for the property or portions of the property.

The payment of fees shall not be required unless (but only in the case where the fees pay for major thoroughfares) the thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

The payment of 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 that time of adoption of the boundaries of the area of benefit;

and such fees shall not be expended to reimburse the cost of existing bridge facility construction.

If within the time when protests may be filed, 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 benefited by the improvement and sufficient protests are not withdrawn so as to be benefited, then the proposed proceedings shall be abandoned and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceeding for the same improvement or acquisition under the provisions of Government Code Section 66484, with the understanding that:

A.

Any protest may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of the public hearing held in accordance with this chapter.

B.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of Government Code Section 66484 to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the city council, within the one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against it if it finds, by affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition.

C.

Nothing in this chapter precludes the processing and recordation of maps in accordance with other provisions of Title 7, Division 2 of the Government Code if the proceedings are abandoned.

D.

Fees paid pursuant to this chapter shall be deposited in the Bridge Fee Fund No. 336, and money in this fund shall be expended solely for the construction or reimbursement for construction of the bridge improvement serving the area to be benefited and from which fees comprising the fund were collected, or to reimburse the local agency for the cost of constructing the improvement.

E.

Acceptable considerations for payments of the fees are limited to:

U.S. currency;

City of El Paso de Robles Bridge Fee Certificates;

Check, as defined in Section 3104 of the California Uniform Commercial Code;

Certified check.

F.

The city may incur an interest-bearing indebtedness for the construction of bridge facilities, but the sole security for repayment of that indebtedness shall be moneys in the Bridge Fee Fund No. 336.

G.

"Construction" as used in this chapter, includes design, acquisition of right-of-way, administration of construction contracts, and actual construction.

H.

The city may advance funds from its general fund or road fund to pay the cost of construction of the improvements and may reimburse the general fund or road fund for any advances from planned bridge facility or major thoroughfare funds established to finance the construction of those improvements.

(Ord. 498 N.S. (part), 1985)

The fees are required to be stipulated by resolution of the city council, the council may from time to time set fees and issue regulations for implementation of this chapter

(Ord. 498 N.S. (part), 1985)

Pursuant to a hearing held before the city council of the City of El Paso de Robles on April 16, 1985, the city council has established bridge development fees as a condition of approval of the final map or as a condition of issuing a building permit for purposes of defraying the estimated cost of constructing the Niblick Bridge as follows:

A.

The proposed project is the Niblick Bridge with terminus points Niblick Road to Spring Street.

B.

The area of benefit is the entire City of El Paso de Robles, including the City Airport and all areas annexed to the city in the future.

C.

The estimated unfunded cost of the Niblick Bridge is three million nine hundred thousand dollars and the total estimated cost of the project is five million four hundred eighty-six thousand dollars.

D.

Fees established and the method of fee apportionment is as follows:

Fee of two thousand forty-four dollars per residential unit;

Fee of six thousand two hundred sixty-five dollars per acre of industrial developed property; and

Fee of eight thousand two hundred forty-six dollars per acre of commercially developed property.

E.

In addition, the city will issue bridge certificates for the sum of one thousand forty-four dollars redeemable for the sum of two thousand forty-four dollars, subject to each and all of the terms and conditions of such certificates as established by Resolution No. 3004.

F.

The Niblick Bridge crossing is referred to in the circulation element of the general plan at page 36.

The apportioned fees are a condition of approval of a final subdivision map and a condition of issuing building permits for property within the described benefit area. The planned Niblick Bridge crossing is an original bridge serving the area of benefit and the proceeds of such fees shall not be used to reimburse the cost of existing bridge facility construction. All fees paid as described in this section shall be deposited in the Bridge Fee Fund No. 336 and money in such fund shall be expended solely for the construction of or to reimburse construction costs of the Niblick Bridge improvement. The term "construction" includes design, acquisition of rights-of-way, administration of construction contracts, and actual construction costs. All funds advanced by the city from its general fund or road fund or from other funds to pay cost of construction are to be reimbursed from the fund established for the planned Niblick Bridge facility. Fees established by this section may be modified by the council from time to time by resolution.

This Section 12.19.095 is intended solely to address the fees established by the council to pay for the construction costs of the original Niblick Bridge improvements. It shall not be deemed to preclude the establishment of any other fee pursuant to the provisions of Chapter 12.19 or any other chapter or state law to pay for the expansion of the original Niblick Bridge improvements or the construction or expansion of any other bridge or bridges.

(Ord. 751 N.S. § 1, 1998; Ord. 500 N.S., 1985)