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. 
Prior to passage of a resolution imposing fees pursuant to this chapter, the council shall conduct a public hearing after notice has been given pursuant to Section 65905 of the Government Code.
B. 
Such notice shall contain preliminary information related to the boundaries of the area of benefit, the estimated cost of construction, and the method of fee apportionment.
C. 
At such public hearing, the council shall consider any protests and may establish the boundaries of the area of benefit, which may be all or any part of the city, the costs, whether actual or estimated, and a fair method of allocating costs to the area of benefit by resolution.
(Ord. 1412 § 1, 1978)
A. 
At any time not later than the hour set for the public hearing on the proposed resolution imposing fees pursuant to this chapter, any owner of property to be benefited by the improvements may file a written protest. 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. If the signers are not shown on the last equalized assessment roll as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. All protests shall be delivered to the city clerk and no other protests or objections shall be considered at the public hearing. Any protests may be withdrawn in writing by the owners at any time prior to the conclusion of the public hearing.
B. 
If there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvements, 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 improvements pursuant to this chapter, but the city council shall not be barred from commencing new proceedings that do not include any part of the improvements or area against which the majority protest was filed.
C. 
Nothing in this chapter shall prohibit the city council from commencing or carrying on any new proceedings for the construction of a portion of the improvements so protested against if the council finds by four affirmative votes that the owners of more than one-half of the area to be benefited are in favor of going forward with such portion.
(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)