The purpose of this chapter is to make provision for assessing
and collecting fees in order to defray the actual or estimated costs
of constructing bridges and major thoroughfares in the city so that
those who most directly benefit from, or whose development require
such construction, will share the costs thereof. This chapter is adopted
pursuant to the general plan of the city under the city's plenary
authority as a charter city and pursuant to Section 66484 of the Government
Code, and incorporates by this reference the terms and conditions
provided therein. The council hereby declares its intention to achieve
by this chapter and by other means a level of traffic flow, denominated
"level 'C' service" in the general plan, for
the maintenance and preservation of the well-being of those who now
live and will, in the future, come to settle within the city, to reduce
traffic hazards and congestion, along with the environmental problems
presented by overloaded local streets.
(Ord. 1412 § 1, 1978)
Whenever the following words are used in this chapter, they
shall have the meaning ascribed to them in this section:
"Construction"
means design, acquisition of right-of-way, administration
of construction contracts and all actual costs of construction.
"Major thoroughfare"
means the roadways shown on the circulation element of the
general plan whose primary purpose is to carry through traffic and
provide a network connecting to the state highway system.
(Ord. 1412 § 1, 1978)
The circulation element and the transportation or flood-control provisions of the general plan mean the circulation element of the general plan of the city and the transportation and flood-control provisions thereof, heretofore adopted by the city council in June of 1977 pursuant to Chapter 3 of Title
7 of the
Government Code, together with any additions or amendments thereto, if such are adopted 30 days prior to the filing of a final map or the application for a building permit where such maps or permits were not conditionally approved in anticipation of the conditions of this chapter.
(Ord. 1412 § 1, 1978)
The city council may, by resolution, establish and impose fees
to provide revenue and to implement the circulation element and transportation
and flood-control provisions of the general plan, which identify railways,
freeways, streams, canyons and topographic features for which the
construction of bridge crossings and major thoroughfares is necessary
due to the expected residential, commercial and industrial development
and growth in the city.
Upon passage of such resolution pursuant to this chapter, the payment of fees shall be required as set forth in Section
13.26.070.
(Ord. 1412 § 1, 1978)
A. A resolution adopted pursuant to this chapter may provide for the collection of fees upon either one or both of the events set forth in subsection
B or
C of this section, or upon another convenient occurrence as determined by the council, in its discretion.
Subdivisions for which final maps have been filed or recorded
before the enactment of the ordinance codified in this chapter, which
were approved with a condition that such maps would be subject to
the payment of fees hereunder, shall be subject to the imposition
of fees by a resolution adopted pursuant to this chapter.
B. Prior
to filing a final map which includes land within an area of benefit
established pursuant to this chapter by resolution, the subdivider
shall pay 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, creeks or canyons or constructing major thoroughfares.
C. 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, creeks or canyons or constructing major thoroughfares unless such fees have been paid pursuant to subsection
A of this section.
D. Notwithstanding
the provisions of this section:
1. 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.
2. 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.
3. 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.
(Ord. 1412 § 1, 1978; Ord. 2114 § 1, 1988)
Notwithstanding the provisions of Section
13.26.070, payment of such fees shall not be required for:
A. 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 development services director, of all such alteration,
enlargement or construction completed within any one-year period does
not exceed one-half of the current market value, as determined by
the development services director, of all 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;
B. The
following accessory buildings and structures: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos,
barns, coops, solar energy facilities and other buildings which are
accessory to one-family or two-family dwellings;
C. One-family
and two-family development on subdivided lots created prior to 1967.
(Ord. 1412 § 1, 1978; Ord. 5638 § 4, 2016)
Upon application by the subdivider or applicant for a building
permit, the city may accept consideration in lieu of fees required
pursuant to this chapter provided:
A. The
city council finds, upon recommendation of the development services
director, that the substitute consideration has a value equal to or
greater than the fee; and
B. The
substitute consideration is in a form acceptable to the city council.
(Ord. 1412 § 1, 1978; Ord. 5638 § 5, 2016)
Fees collected under a resolution adopted pursuant to this chapter
shall be deposited in a separate planned bridge facility and major
thoroughfare fund for each project unless the benefit area is one
in which more than one bridge is to be constructed, in which case
a fund may be established covering all of the bridge projects in the
benefit area. Moneys in such fund or funds shall be expended solely
for the construction or reimbursement for construction of the improvements
serving the area to be benefitted and from which the fees comprising
the fund were collected.
(Ord. 1412 § 1, 1978)
If there is any inconsistency between the language of this chapter
and the provisions of Section 66484 of the
Government Code, the language
of this chapter shall control.
(Ord. 1412 § 1, 1978)