Chapter 22.57

BRIDGE CROSSINGS AND MAJOR THOROUGHFARES

The purpose of this chapter is to make provision for assessing and collecting fees 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 or major thoroughfares pursuant to Section 66484 of the Government Code.

(Ord. 88-O-117 § 1, 1988)

Whenever this chapter refers to the master plan of thoroughfare improvements for arterial highways and the transportation or flood control provisions thereof, it shall mean the master plan of thoroughfare improvements for arterial highways and the transportation and flood control provisions thereof as may be adopted by the city council pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted (Ord. 88-O-117 § 1, 1988)

At the time of issuance of a grading permit or, if none, at the time of the issuance of the building permit, which includes land within an area of benefit established pursuant to this chapter, the subdivider shall pay the fee as may be established by city council resolution. (Ord. 88-O-117 § 1, 1988; Ord. O-2007-07 § 29, 2007)

There may be established fees for the purpose of defraying the actual or estimated cost of constructing improvements in conformance with the adopted master plan of thoroughfare improvements. Said fees and area of benefit to which said fees may be apportioned will be set forth in Title 5 of this code.

(Ord. 88-O-117 § 1, 1988)

Notwithstanding the provision of Section 22.57.030, payment of such fees shall not be required for:

• (1) 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 chief building official, of all such alteration, enlargement or construction completed within any one-year period does not exceed 1/2 of the current market value, as determined by the chief building official, of all the existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code;

• (2) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops

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City of Placentia, CA

SUBDIVISIONS

§ 22.57.050

§ 22.57.080

and other buildings which are accessory to one-family or two-family dwellings. (Ord. 88-O-117 § 1, 1988)

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

• (1) 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

• (2) The substitute consideration is in a form acceptable to the city council, or, cause to be paid, any fees established and apportioned to said property pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares;

• (3) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this chapter, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subdivision (1) of this section;

• (4) Notwithstanding the provisions of subsections (1) and (2) of this section:

  • (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 any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.

• (C) 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 of benefit.

• (Ord. 88-O-117 § 1, 1988)

Prior to establishing an area of benefit, a public hearing shall be held by the city council at which time 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. (Ord. 88-O-117 § 1, 1988)

• (a) 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 benefited by the improvement may file a written protest against both of them. Such protests 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

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City of Placentia, CA

PLACENTIA CODE

§ 22.57.080

§ 22.57.080

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 considered. Any protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing.

• (b) If there are written protests filed with the city clerk by the owners of more than 1/2 of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than 1/2 of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not for one year from the filing of those written protests, commence or carry on any proceedings from the same improvements under the provisions of this chapter.

• (Ord. 88-O-117 § 1, 1988)

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City of Placentia, CA

SUBDIVISIONS

§ 22.60.010

§ 22.60.030