Rancho Santa Margarita Municipal Code Ch. 11.08 Major Thoroughfare and Bridge Fees

A subdivider, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of approval of a final map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of either constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares.

(Ord. No. 00-12, § 1(1), 3-2-2000)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, actual construction, and also includes those activities within the definition of "construction" in Government Code Section 66484.3(g).

Major thoroughfare means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the Master Plan of Arterial Highways in the circulation element of the City's General Plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the State highway system.

Bridge facilities mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the City's General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

Area of benefit means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

(Ord. No. 00-12, § 1(2), 3-2-2000)

The provisions herein for payment of a fee shall apply only if the major thoroughfare of bridge facility has been included in an element of the General Plan adopted by the City Council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit.

(Ord. No. 00-12, § 1(3), 3-2-2000)

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

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

(Ord. No. 00-12, § 1(4—5), 3-2-2000)

Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the City Engineer or other designated City employee. The proposal shall be forwarded to the Planning Commission for its review and recommendations. The Planning Commission comments and recommendations and the City Engineer's report shall be transmitted to the City Council. The City Council shall set a public hearing for each proposed area benefited. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given by first class mail addressed to each owner as shown on the last equalized assessment roll of property within the proposed area of benefit.

(Ord. No. 00-12, § 1(6), 3-2-2000)

(a) At the public hearing the City Council shall consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in Subsection(c) hereof, establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder of Orange County.

(b) 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. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.

(c) Written protest shall be received by the City Clerk any time prior to the close of the public hearing. If written protests are filed 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 reduce the area represented by the protests to less than 1/2 of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section, unless the protests are overruled by an affirmative vote of 4/5 of the City Council. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

(d) 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 barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in Section 11.08.050 above.

(e) 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 an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of 4/5 of its members, that the owners of more than 1/2 of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

(Ord. No. 00-12, § 1(7), 3-2-2000)

Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.

(Ord. No. 00-12, § 1(8), 3-2-2000)

The City Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this chapter.

(Ord. No. 00-12, § 1(9), 3-2-2000)

If the subdivider, as a condition of approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider or building permit applicant and the Foothill/Eastern Transportation Corridor Agency. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdividers or applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. 00-12, § 1(10), 3-2-2000)