The purpose of this chapter is to make provision for assessing
and collecting fees as a condition of approval of a final map or as
a condition of issuing a building permit for the purpose of defraying
the actual or estimated costs of constructing bridges or major thoroughfares
pursuant to Section 66484 of the Government Code.
(Ord. 88-O-117 § 1, 1988)
Whenever this chapter refers to the master plan of thoroughfare
improvements for arterial highways and the transportation or flood
control provisions thereof, it shall mean the master plan of thoroughfare
improvements for arterial highways and the transportation and flood
control provisions thereof as may be adopted by the city council pursuant
to Chapter 3 of Title 7 of the Government Code, together with any
additions or amendments thereto hereafter adopted
(Ord. 88-O-117 § 1, 1988)
At the time of issuance of a grading permit or, if none, at
the time of the issuance of the building permit, which includes land
within an area of benefit established pursuant to this chapter, the
subdivider shall pay the fee as may be established by city council
resolution.
(Ord. 88-O-117 § 1, 1988; Ord. O-2007-07 § 29, 2007)
There may be established fees for the purpose of defraying the
actual or estimated cost of constructing improvements in conformance
with the adopted master plan of thoroughfare improvements. Said fees
and area of benefit to which said fees may be apportioned will be
set forth in Title 5 of this code.
(Ord. 88-O-117 § 1, 1988)
Notwithstanding the provision of Section 22.57.030, payment of such fees shall not be required for:
(1)
The use, alteration or enlargement of an existing building or structure
or the erection of one or more buildings or structures accessory thereto,
or both, on the same lot or parcel of land; provided, the total value,
as determined by the chief building official, of all such alteration,
enlargement or construction completed within any one-year period does
not exceed 1/2 of the current market value, as determined by the chief
building official, of all the existing buildings on such lot or parcel
of land, and the alteration or enlargement of the building is not
such as to change its classification of occupancy as defined by Section
501 of the Uniform Building Code;
(2)
The following accessory buildings and structures: private garages,
children's playhouses, radio and television receiving antennas,
windmills, silos, tank houses, shops, barns, coops and other buildings
which are accessory to one-family or two-family dwellings.
(Ord. 88-O-117 § 1, 1988)
Upon application by the subdivider or applicant for a building
permit, the city council may accept consideration in lieu of fees
required pursuant to this chapter provided:
(1)
The city council finds upon recommendation of the city engineer that
the substitute consideration has a value equal to or greater than
the fee; and
(2)
The substitute consideration is in a form acceptable to the city
council, or, cause to be paid, any fees established and apportioned
to said property pursuant to this chapter for the purpose of defraying
the actual or estimated cost of constructing bridges over waterways,
railways, freeways or canyons or constructing major thoroughfares;
(3)
Prior to the issuance of a building permit for construction on any
property within an area of benefit established pursuant to this chapter,
the applicant for such permit shall pay or cause to be paid any fees
established and apportioned pursuant to this chapter for the purpose
of defraying the actual or estimated cost of constructing bridges
over waterways, railways, freeways or canyons or constructing major
thoroughfares, unless such fees have been paid pursuant to subdivision
(1) of this section;
(4)
(A)
Payment of bridge fees shall not be required unless the planned bridge
facility is an original bridge serving the area or an addition to
any existing bridge facility serving the area at the time of adoption
of the boundaries of the area of benefit.
(B)
Payment of major thoroughfare fees shall not be required unless the
major thoroughfares are in addition to any existing bridge facility
serving the area at the time of adoption of the boundaries of the
area of benefit.
(C)
Payment of major thoroughfare fees shall not be required unless the
major thoroughfares are in addition to, or a reconstruction of, any
existing major thoroughfares serving the area at the time of the adoption
of the area of benefit.
(Ord. 88-O-117 § 1, 1988)
Prior to establishing an area of benefit, a public hearing shall
be held by the city council at which time 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
shall be established.
(Ord. 88-O-117 § 1, 1988)
(a)
At any time, not later than the hour set for hearing objections to
the proposed bridge facility or major thoroughfare, any owner of property
to be benefited by the improvement may file a written protest against
both of them. Such protests must be in writing and must contain a
description of the property in which each signer thereof is interested,
sufficient to identify the same and if the signers are not shown on
the last equalized assessment roll as the owners of such property,
must contain or be accompanied by written evidence that such signers
are the owners of such property.
All such protests shall be considered. Any protests may be withdrawn
by the owners making the same, in writing, at any time prior to the
conclusion of the public hearing.
(b)
If there are written protests filed with the city clerk by the owners
of more than 1/2 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 1/2 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 those written protests,
commence or carry on any proceedings from the same improvements under
the provisions of this chapter.
(Ord. 88-O-117 § 1, 1988)
