A. 
In order to provide for adequate overall public facilities in the area of sewage treatment and disposal and domestic water supply storage and distribution, public facilities fees and charges may be required as a condition of approval of a subdivision (requiring a final or parcel map) or as a condition of issuing a building permit in a specific area of benefit within the City. The area of benefit shall be identified under a water or sewer facilities project plan, approved by the City Engineer and adopted by the City Council for the purpose of constructing new or improved facilities servicing properties within such area of benefit by resolution.
B. 
The City Council may by resolution require the payment of fees by any person within an area of benefit, if at the time of payment is due.
1. 
A facilities or project plan for the area to be benefited has been adopted by the City Council.
2. 
A public hearing has been duly noticed and held; the notice having contained preliminary information concerning the facilities plan, including the proposed boundaries of the area of benefit, the deficiencies to be corrected, the planned facilities for the area of benefit, estimated costs, and proposed method of fee apportionment.
3. 
If, within the time, identified in the notice, for the filing of protests or at the public hearing itself, written protests by the owner of more than one-half of the area of the property to be benefited by the improvements have been filed and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of the property to be benefited, then the proposed proceedings shall be abandoned, and the same shall not be recommenced for one year from the filing of said written protests.
4. 
If the area of benefit is established, then the facilities plan shall be approved by resolution of the City Council and the apportioned fees shall be applicable to all properties within the area of benefit. Said fees shall be payable in advance as a condition of approval of a final map, or a parcel map or a building permit.
C. 
All fees collected hereunder shall be deposited in a planned facility fund established for each year of benefit. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited.
(Ord. 2006-03 § 2)