§ 21.32

A.

A fee may be assessed as a condition of approval of a final map or building permit for the purpose of defraying the cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares in the City in accordance with the provisions of this Section.

B.

A fee shall be assessed for the purposes set forth in paragraph A with respect to bridges, bridge crossings and thoroughfares identified in the Circulation Element of the Westlake Village General Plan. The Circulation Element identifies railways, freeways, streams, and canyons for which bridge crossings are required and identifies major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

C.

Fees shall be assessed through establishment of an area of benefit as defined in Section 66484 of the California Government Code and pursuant to the provisions and requirements contained therein. Establishment of an area of benefit shall be preceded by a duly noticed public hearing. Notice shall be given containing preliminary information relating to the boundaries of the area of benefit, estimated cost of the project, and method of fee apportionment. 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 such proceedings.

D.

At the public hearing the City Council may, after considering testimony and protests received, establish the boundaries of the area of benefit, the actual or estimated costs of the project, and a fair method of allocation of costs to the area and apportionment of costs. Such action shall be by resolution of the Council, which shall be recorded with the Los Angeles County Recorder.

E.

The fees established by such resolution 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 issuance of a building permit for such property or portion thereof. If the area of benefit includes lands not subject to the payment of fees pursuant to this Section, the City shall make provision for payment of the share of improvement costs apportioned to such lands from other sources.

F.

No fees shall be required pursuant to this Section unless the major thoroughfare being proposed is in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of adoption of the area of benefit. No fees shall be required pursuant to this Section unless the planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area of the time of adoption of the area of benefit.

G.

Written protests against formation of an area of benefit under this Section may be filed with the City Clerk up until the time set for commencement of the public hearing. In the event that written protests are received from owners of more than one-half of the area of the property to be benefitted by the project, and sufficient protests are not withdrawn so as to reduce the area of protests to less than one-half of that to be benefitted, the proceedings shall be abandoned and shall not be commenced for the same improvement under this Section for at least one year. Protests may be withdrawn in writing at any time prior to the conclusion of the public hearing.

H.

Consideration in lieu of fees may be accepted if determined by the Council to be appropriate or necessary.

I.

This Section shall be administered in accordance with the provisions of Government Code Section 66484, as amended.

(Ord. No. 132, Renumbered, 09/22/93, Article 9, Chapter 2; Ord. No. 293-2022, § 2, 6-8-2022)