Chapter 15.56 — BRIDGE AND MAJOR THOROUGHFARE FEES

(a) As a condition of approval of a final map or as a condition of issuing a building permit, the city council may require the payment of a fee for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or of constructing major thoroughfares; provided, that:

(1)

The project for which the payment of a fee is proposed has been included in the circulation element of the general plan adopted by the city council thirty days or more prior to the filing of the final map or the application for a building permit to which said fee shall apply; and further provided:

(A)

In the case of bridges, that the general plan, or the circulation element thereof, includes transportation or flood control provisions which identify railways, freeways, streams or canyons for which bridge crossings are required; or

(B)

In the case of major thoroughfares, that the provisions of such circulation element identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

(2)

The city council shall hold a public hearing for each area benefited. Notice of such public hearing shall be given pursuant to Section 65905 of the Government Code. Such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the 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.

(3)

At such public hearing, 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 are established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the city council, a certified copy of which shall be recorded with the recorder of the county. 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 government agency shall make the provision for payment of the share of improvement costs apportioned to such lands from other sources.

(4)

The payment of such fees in the case of a major thoroughfare is in addition to, or is a reconstruction of, an existing thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

(5)

The payment of such fees in the case of a planned bridge facility shall not be required unless it 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. Such fees shall not be expended to reimburse the cost of existing bridge facility construction.

(6)

If written protests are filed prior to or during the hearing, with the city clerk, 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 to less than one-half 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 that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section.

(b)

Nothing in this section shall preclude the processing and recordation of maps in accordance with other provisions of this division if proceedings are abandoned.

(c)

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

(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 or acquisition so protected against. 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 benefited are in favor of going forward with such portion of the improvement or acquisition.

(e)

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 benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Moneys in such fund shall be expended solely for the construction, or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

(f)

A resolution adopted pursuant to this section may provide for the acceptance of considerations in lieu of the payment of fees.

(g)

The city may advance money from its general fund or road fund to pay the cost of constructing the improvements and may reimburse the general fund or road fund for such advance from planned bridge facility or major thoroughfare funds established to finance the construction of such improvements.

(h)

If the city imposes fees pursuant to this section, it may incur interest-bearing indebtedness for the construction of bridge facilities or major thoroughfares; provided, that the sole security for repayment of such indebtedness shall be moneys in planned bridge facility or major thoroughfare funds.

(i)

"Construction," as used in this section, includes design, acquisition of rights-of-way, administration of construction contracts and actual construction.

(j)

Nothing in this section shall be construed to 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. 586 § 2(part), 1983).