Rohnert Park Municipal Code Ch. 12.14 Bridges and Major Thoroughfares

As used in this chapter, the following terms are defined as follows:

A. "Area of benefit" means the area, as delineated by the city council which receives benefit from the construction of a bridge or major thoroughfare.

B. "Benefit conferred" means the public improvement proposed for construction and includes a bridge or a major thoroughfare or any component or portion thereof.

C. "Bridge" means a structure utilized to extend a roadway over a waterway, stream, flood control channel, creek, railway, freeway or canyon.

D. "Construction" means, but is not limited to, design, acquisition of right-of-way, administration of construction contracts and actual construction.

E. "Improvement" means the actual improvement installed and means, depending upon the proposal made, either a bridge or a major thoroughfare or both.

F. "Major thoroughfare" means a major roadway no less than eighty feet wide, designed to carry a traffic volume of ten thousand vehicles per hour and which is a portion of a traffic network connecting to the state highway system and so identified on the Rohnert Park general plan.

G. "Public hearing" means a hearing before the Rohnert Park city council, to which members of the public are invited to attend after notice has been given, as herein provided, no less than ten days in advance of the date set for hearing. Notice of such public hearing shall be given by publication in a newspaper of general circulation, published and circulated in the city of Rohnert Park, or if there is no newspaper of general circulation circulated and published within the city of Rohnert Park, then such notice shall be posted in no less than three public places in the city of Rohnert Park. In addition to the foregoing, any person who has filed a written request for special notice with the city council in the calendar year during which the public hearing specified herein is to be held, shall receive notice of such proposed public hearing by first class mail.

(Ord. 364 § l (part), 1979)

Should the Rohnert Park city council determine that an area of the city of Rohnert Park would, in the judgment of the city council, be benefited by the construction of a bridge or major thoroughfare, the council shall first adopt a resolution of intention to hold a public hearing to determine whether the city should impose a fee upon the area to be benefited by the proposed improvement.

(Ord. 364 § l (part), 1979)

The resolution of intention shall define the area proposed to be benefited by the construction of the bridge or major thoroughfare and preliminarily establish the boundaries of the area of benefit. The resolution shall also contain an estimate by the city engineer of the estimated cost of the project and the manner in which the fee shall be apportioned to or spread against individual properties located within the area of benefit. The area of benefit may include land or improvements that are the subject of any map or building permit application considered at the public hearing.

(Ord. 364 § l (part), 1979)

No public hearing shall be held until notice has been given as provided under the definition of a public hearing as defined in Section 12.14.010. At the public hearing, the city council shall establish the boundaries of the area benefited, the total cost of the project, whether actual or estimated, and a fair method of allocation of the costs to the area benefited and the manner in which the fees or assessments are to be spread and assessed against the individual properties within the area of benefit. The resolution of intention shall define the proposal to be benefited in general terms sufficient to identify the area so that members of the public will know its general location.

(Ord. 364 § l (part), 1979)

In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land abutting the major thoroughfare than on lands not abutting the major thoroughfare, except where the land abutting the major thoroughfare has direct usable access to the major thoroughfare.

(Ord. 364 § l (part), 1979)

In the event the city council adopts a resolution establishing an area of benefit, the resolution shall contain, among other things, a description of the boundary of the area of benefit, the total costs of the improvement, whether actual or estimated, the method of fee apportionment as established by the city council at the public hearing, all of which shall be incorporated into the resolution. At the conclusion of the hearing and before the assessments may be levied, assessed and collected from the individual property owners within the area of benefit, a certified copy of the resolution shall be recorded in the office of the Sonoma County recorder by the Rohnert Park city council.

(Ord. 364 § 1 (part), 1979)

Upon the recordation by the city of a certified copy of the resolution establishing an area of benefit and establishing the fees against the individual property owners, such fees shall be paid as a condition of approval of a final map or shall be paid as a condition of approval of a building permit for such property or portions thereof.

(Ord. 364 § 1 (part), 1979)

Should the area of benefit contain land or improvements not subject to the payment of fees, the city council shall provide for payment of the share of improvement costs apportioned to such land and/or improvements from other sources.

(Ord. 364 § l (part), 1979)

In the case of major thoroughfares, no fees shall be required to be paid unless the major thoroughfares are in addition to, or are a reconstruction of, existing major thoroughfares serving the area of benefit at the time the city council establishes the boundaries of the area of benefit.

(Ord. 364 § l (part), 1979)

In the case of the establishment of an area of benefit for a planned bridge facility, no fees shall be required to be paid unless the planned bridge facility is an original bridge serving the area or is an addition to an existing bridge facility serving the area of benefit at the time the city council establishes the boundaries of the area of benefit. No fees shall be levied, assessed, collected or expended to reimburse the cost of an existing bridge facility construction.

(Ord. 364 § 1 (part), 1979)

Written protests may be filed with the city clerk at any time before the public hearing. In addition to the foregoing, written or oral protests may be received at the time of the public hearing. No protest may be made except by the owner or owners of the property within the area of benefit or a duly authorized agent of the owner or owners.

(Ord. 364 § 1 (part), 1979)

If sufficient written protests are filed with the office of the city clerk prior to the time of the public hearing, or if sufficient written and oral protests are filed or made at the public hearing, including those written protests made before the public hearing and prior to the time that the public hearing is closed, and if such protests equal or exceed one-half or more of the area of the property within the area of benefit, and if such protests are not withdrawn so as to reduce the area represented by protests to less than one-half of the area of benefit, then the proceedings shall be abandoned and the city council shall not, for a period of one year from the date of the filing of the written protests or of the filing and making of the written and oral protests at the time of the public hearing, as provided in this chapter, once it has determined that a valid majority protest has been made, commence or carry on any proceedings for the same improvement or acquisition.

(Ord. 364 § l (part), 1979)

Protests may be withdrawn by the owner(s) or agent of the owner(s) making them, in the same manner as the protest was made, at any time prior to the conclusion of the public hearing.

(Ord. 364 § l (part), 1979)

A. Should a majority protest be made against a portion of the proposed improvement only, so that it is possible for the city council to determine that the protestants do not oppose the total improvement proposed, but only identifiable portions of it, then further proceedings to construct that portion or those portions of the improvement against which a majority protest has been made shall be barred from proceeding for one year; provided, however, that as to those portions of the proposed improvement against which a majority protest has not been made are not barred and the city council may, in its determination, institute new proceedings for that portion or those portions of the improvement against which no majority protest has been made or, in the alternative if it is possible to determine that no majority protest was ever made against portions of the improvement or if protests previously made against portions of the improvement are withdrawn at the public hearing so that the city council can determine (1) that a majority protest no longer exists against portions of the improvement and (2) that portion or those portions of the improvement against which a majority protest no longer exists, the city council may proceed with the public hearing on that portion or those portions of the improvement against which a majority protest does not exist.

B. The city council may commence new proceedings within the period of one year against that portion or those portions of the improvement against which a majority protest was made if it finds by the affirmative vote of four-fifths of the city council that the owners of more than one-half of the area of the property within the area of benefit favor proceeding with that portion or those portions of the improvement or acquisition.

(Ord. 364 § l (part), 1979)

A. All fees paid to the city by property owners for the construction of an improvement or improvements within the area of benefit shall be deposited in the planned bridge facility or the major thoroughfare fund for which the fees were assessed. A separate fund shall be established for each separate improvement within an area of benefit. If the area of benefit contains more than one bridge or more than one major thoroughfare and if the public hearing which authorized the collection and assessment of the fees contained notice that more than one bridge or more than one major thoroughfare was being considered and identified them so that the general public was aware of the fact that more than one improvement was being considered at the public hearing, then the fund so established may include all bridge projects or all major thoroughfare projects within the area of benefit within the one fund established.

B. Moneys collected and deposited into the fund for the identified area of benefit shall be expended solely for the construction or reimbursement for construction of the improvement serving the area of benefit and from which the fees comprising the fund were collected, or to reimburse the city for costs advanced in constructing the improvement.

(Ord. 364 § l (part), 1979)

The city council may accept considerations in lieu of the payment of fees levied and assessed under the proceeding authorized by this chapter. Such consideration may include, but shall not be limited to the construction of all or a portion of the required improvement and contribution of other public improvements acceptable to the city. In making such determinations for consideration received in lieu of fees, the city council shall be governed by the fair market value, the appraised value, the cost of construction or other comparable values in the acceptance of consideration in lieu of fees.

(Ord. 364 § l (part), 1979)

The city may advance money, as the city council may determine, from its general fund or from its road improvement and maintenance or capital improvement fund to pay for all or any portion of the improvement or improvements and may reimburse such fund from which money was advanced from the planned bridge facility or major thoroughfare fund established to finance the construction of the improvement or improvements.

(Ord. 364 § l (part), 1979)

The city may incur as provided by applicable California law in such matters, bonded (interest bearing) indebtedness for construction of bridge facilities or major thoroughfares; provided, however, that the sole security for repayment of such indebtedness shall be moneys in the planned bridge facility or major thoroughfare fund.

(Ord. 364 § l (part), 1979)

Nothing in this chapter shall preclude the city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to the area of benefit.

(Ord. 364 § l (part), 1979)

Nothing in this chapter shall preclude the city from installing only a portion of the improvements required for the construction of a planned bridge facility or a major thoroughfare under the assessment district proceeding herein provided and then, at a later time proposing another proceeding to complete the improvement or to add certain other portions to the improvement previously contracted.

(Ord. 364 § l (part), 1979)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof for any reason is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

(Ord. 364 § 1 (part), 1979)