Chapter 14.12

MAJOR THOROUGHFARE FEES

Sections:

• 14.12.010 Thoroughfares to include bridges when.

• 14.12.020 Fee authorized when.

• 14.12.030 Planned thoroughfare project area - Hearing on fees.

• 14.12.040 Hearing - Notice requirements.

• 14.12.050 Protest filing and hearing - Construction defined.

• 14.12.060 Disposition of fees - Separate fund for each project - City payments.

• 14.12.070 Reimbursement conditions and procedures.

For the purposes of this chapter, thoroughfare or thoroughfares or portion thereof shall include bridge, bridges or portion thereof, over waterways, railways, freeways and canyons for which bridge crossings are required in the circulation element (transportation diagram, transportation goals and policies and implementation section) of the city's general plan adopted at least thirty days prior to the filing of a map or application for a building permit for which a fee is required hereunder. (Prior code § 21000(G); Ord. 18319.)

The city may, pursuant to Section 66484 of the Government Code of the state, require the payment of a fee as condition of approval of a final subdivision map, or as a condition of issuing a building permit for construction of a new building or new buildings, for the purpose of defraying the actual or estimated costs of constructing all or a portion of the major thoroughfares identified and described in the circulation element (transportation diagram, transportation goals and policies and implementation section) of the city's general plan adopted at least thirty days prior to the filing of a map or

application for a building permit for which the fee is required, whose primary purpose is to carry through traffic and provide a network connecting to the State Highway System.

(Prior code § 21000(A); Ord. 18319.)

• A. Such fee may be required for an area to be benefitted by a planned thoroughfare project after a public hearing held by the city council for the area benefitted. Notice of the hearing shall be given pursuant to Section 65905 of the Government Code of the state, and such notice shall contain, in addition, preliminary information related to the boundaries of the area of benefit, the major thoroughfare or thoroughfares or portions thereof which will be included in the proposed project area, estimated construction cost of the planned major thoroughfare or thoroughfares or portion thereof included in the proposed project area and the method of fee apportionment within the area of benefit.

• B. The boundaries of the area of benefit, the actual or estimated construction cost of the planned major thoroughfare or thoroughfares or portion thereof included in the proposed project, a fair method of allocation of such cost to the area of benefit, and apportionment of fees within the area of benefit will be established at said public hearing.

• C. A description of the boundaries of the area of benefit, the actual or estimated construction cost of the proposed thoroughfare or thoroughfares or portion thereof included in the project, and the method of fee apportionment to pay for such construction cost of such thoroughfare or thoroughfares or portion thereof included in the particular project established at the hearing shall be incorporated in an ordinance or resolution of the city council, a certified copy of which shall be recorded by the city council with the county recorder of the county of Santa Clara. Such apportioned

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fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for a new building or buildings or approving a final subdivision map for such property or portions thereof.

• D. Payment of fees hereunder shall not be required unless the major thoroughfares are in addition to or a reconstruction of existing major thoroughfares serving the project area at the time of adoption of the boundaries of the area of benefit.

(Prior code § 21000(B); Ord. 18319.)

Notice of the time, place and purpose of the public hearing described in Section 14.12.030 shall be given in the form of notice prescribed by this section by:

• A. Mailing same, postage prepaid, at least ten calendar days before the hearing date to owner of real property within the area of benefit and on which major thoroughfare fees may be imposed, using addresses from the last county equalized assessment roll adopted by the county of Santa Clara prior to the date of mailing, or alternatively from such other records of the assessor of Santa Clara County or the tax collector of Santa Clara County which, in the opinion of the city council, contain more recent addresses; or, at the option of the council.

• B. By both publication of such notice once in a newspaper of general circulation published and circulated in the City of San José at least ten calendar days before the date set for the hearing, and posting said notice at least ten calendar days before the date set for the hearing in conspicuous places close to each parcel of real property within the area of benefit and on which major thoroughfare fees may be imposed, the places where such posted notice shall be placed and distance of

such posted notice from affected property to be determined by resolution of the city council setting the public hearing if the city council determines to proceed with notice by publication and posting instead of by mailing.

(Prior code § 21001; Ord. 18370.)

• A. At any time before the time set for the public hearing, any owner of property to be benefitted by the proposed thoroughfare or thoroughfares or portion thereof included in the proposed project for which proposed fees are to be required, may file a written protest with the city clerk. Such written protest must contain a description of property owned by the protester sufficient to identify same, be signed by the owner, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, 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 protests or objections shall be considered at the time set for hearing. The city council shall hear and pass upon all protests made as above provided. If the city council finds that there is a written protest made as above provided by the owners of more than one-half of the property of the area to be benefitted by the construction of the thoroughfare or thoroughfares or portion thereof included in the project and sufficient protests are not withdrawn so as to reduce the area represented by protests 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 such written protest commence or carry on any proceedings under the provisions of this section for imposition of fees to fund the construction of the same thoroughfare or thoroughfares or portion thereof so protested against.

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• B. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of a public hearing held pursuant to this section.

• C. If any majority protest is directed against only a portion of a proposed thoroughfare or thoroughfares project, then all further proceedings under the provisions of this section to construct that portion of the thoroughfare or thoroughfares or portion thereof so protested against shall be barred for a period of one year from the protest; but the city council shall not be barred from commencing new proceedings, not including any part of the improvement or acquisition so protested against.

• D. 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 or acquisition.

• E. The term "construction" as used in this section includes design, acquisition of right-of-way, administration of construction contracts, and actual construction.

(Prior code § 21000(C); Ord. 18319.)

• A. Fees paid pursuant to an ordinance or resolution adopted pursuant to Section 14.12.040 shall be deposited in a special fund. A separate special fund shall be created for each planned major thoroughfare project for which fees are collected, and the fees collected for each separate project shall be deposited into the separate special fund created for such project. Moneys in each such special fund shall be expended solely for the construction by city or for reimbursement to city for advances from its general fund or road funds or to persons as pro-

vided in Section 14.12.070 for construction of the improvement serving the area to be benefitted and from which area the fees comprising the particular fund were collected.

• B. The city may advance money from its general fund to pay the cost of constructing a major thoroughfare or thoroughfares or portion thereof included in a project area and may reimburse the general fund or road funds for such advances from the particular major thoroughfare fund established to finance the construction of such thoroughfare or thoroughfares or portion thereof.

(Prior code § 21000(D); Ord. 18319.)

• A. No reimbursement of any major thoroughfare fees to persons other than city from any particular major thoroughfare fund shall be made hereunder unless the city council determines that such fees are not needed by city:

  1. To construct major thoroughfare or thoroughfares or portion thereof lying within the major thoroughfare project from which such fees are collected; or

  2. To reimburse city for advances from its general fund or road funds to construct major thoroughfare or thoroughfares or portion thereof lying within the major thoroughfare project from which such fees are collected. If city so determines that such fees are not so needed, reimbursement of such fees shall be made to persons other than city hereunder as follows.

• B. Reimbursement for the cost as determined by city of construction pursuant to plans and specifications approved by city of a major thoroughfare or thoroughfares or portion thereof included within a planned major thoroughfare project shall, if the city requires such construction, be made to the person who has paid the applicable major thoroughfare fee and has, pursuant to city's request, completed

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• at his own cost and expense such construction, from a special major thoroughfare fund created for the planned major thoroughfare project within which the major thoroughfare or thoroughfares or portion thereof constructed by such person lies. Such reimbursement shall be made only to the extent that sufficient moneys are present in said fund to effect such reimbursement. Such reimbursement shall be made as the fees collected for the particular planned major thoroughfare project are deposited in the said fund for said project, and on the basis of a priority list containing the names of the persons who constructed such major thoroughfare or thoroughfares or portion thereof and the amount of reimbursement to be made to such person established by the director of public works in the order in which the major thoroughfare or thoroughfares or portion thereof constructed by such person are accepted by city.

d for said project, and on the basis of a priority list containing the names of the persons who constructed such major thoroughfare or thoroughfares or portion thereof and the amount of reimbursement to be made to such person established by the director of public works in the order in which the major thoroughfare or thoroughfares or portion thereof constructed by such person are accepted by city.

• C. Such reimbursement shall be made in such a manner that the person first on the priority list for the particular thoroughfare or thoroughfares or portion thereof constructed by such person shall receive full reimbursement for the construction cost as determined by city of such thoroughfare or thoroughfares or portion thereof he has constructed (subject to the sufficiency of money in said fund for the major thoroughfare project in which such thoroughfare or thoroughfares or portion thereof lies) before any reimbursement is made to the person who is second on the priority list. If the fees in the said fund for the particular thoroughfare project within which the thoroughfare or thoroughfares or portion thereof constructed by such person lies at a given time are insufficient to make reimbursement in full for the construction cost as determined by city of such thoroughfare or thoroughfares or portion thereof to a person who is first in priority at such time, such fees as are available shall be paid to him, and as additional fees are deposited in the said fund for the planned major

thoroughfare project within which the thoroughfare or thoroughfares or portion thereof for which reimbursement is to be made lies, they shall be paid to such person until he receives reimbursement in full for the cost as determined by city of the thoroughfare or thoroughfares or portion thereof he has constructed.

• D. In the event that a person is eligible for reimbursement for the construction cost as determined by city of any thoroughfare or thoroughfares or portion thereof under this section, he shall be reimbursed pursuant to this section and shall receive no reimbursement under Section 4.64.090 of the San José Municipal Code for that portion of such thoroughfare or thoroughfares or portion thereof reimbursed hereunder which would otherwise qualify him for reimbursement from the residential construction tax contribution fund under said Section 4.64.090.

on thereof under this section, he shall be reimbursed pursuant to this section and shall receive no reimbursement under Section 4.64.090 of the San José Municipal Code for that portion of such thoroughfare or thoroughfares or portion thereof reimbursed hereunder which would otherwise qualify him for reimbursement from the residential construction tax contribution fund under said Section 4.64.090.

• E. Any person who has, after creation of a major thoroughfare project constructed pursuant to city's demand, a major thoroughfare or thoroughfares or portion thereof included within such project and within which fees are collected pursuant to the resolution or ordinance creating such project, pursuant to plans and specifications therefor which have been approved by the city between August 26, 1976, and the effective date of the ordinance codified in this chapter, who is not required to pay the fees imposed by this section because a final map has been approved or a building permit to construct a building or buildings has been issued before the imposition of such fees may, by paying the fees which would have been imposed on him had such final map not been approved or building permit issued before the imposition of such fees, be eligible for reimbursement for the costs as determined by city of such thoroughfare or thoroughfares or portion thereof from the major thoroughfare fund created for the project within which such thoroughfare or thoroughfares or portion thereof

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• constructed by such person lies subject to all of the provisions of this section, the order of his priority being based on the date the thoroughfare or thoroughfares or portion thereof constructed by him was accepted by the City of San José.

• F. In no event shall any reimbursement for a thoroughfare or thoroughfares or portion thereof be made to any person unless and to the extent that sufficient moneys are available in the fund created for the major thoroughfare project within which the thoroughfare or thoroughfares or portion thereof constructed by such person lies and then only subject to and in conformance with the above conditions and limitations and in the order above set forth.

• (Prior code § 21000(E); Ord. 18319.)