The purpose of this chapter is to implement Section 66484 of the California Government Code by making provisions for assessing and collecting fees as a condition of approval of a final or parcel 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 thorough-fares pursuant to the Subdivisions Map Act.
(Ord. 266-86 § 2, 1986)
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 rights-of-way, administration of construction contracts and actual construction.
"Major thoroughfare"
means a roadway, as 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. 266-86 § 2, 1986)
Whenever this chapter refers to the Circulation Element of the General Plan or to the transportation or flood control provisions thereof, it shall mean the Circulation Element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by the Council pursuant to Chapter III of Title 7 of Government Code, together with any additions or amendments thereto hereafter adopted.
(Ord. 266-86 § 2, 1986)
A. 
Prior to filing a final or parcel map which includes land within an area of benefit established by the Council, the subdivider shall pay or cause to be paid any fees established and apportioned to said property pursuant to the resolution establishing the area of benefit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, or canyons, or of constructing major thoroughfares.
B. 
Prior to the issuance of a building permit for construction on any property within an area of benefit established by the Council, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to the resolution establishing the area of benefit for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeway or canyons or of constructing major thoroughfares, unless such fees have been paid pursuant to subsection A of this section.
C. 
Notwithstanding the provisions of subsections A and B 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.
(Ord. 266-86 § 2, 1986)
Prior to establishing an area of benefit, a public hearing shall be held by the 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. Notice of hearing shall be given as prescribed by Section 66484 of the California Government Code.
(Ord. 266-86 § 2, 1986)
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 the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or 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 the property, such protests must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other protest or objections 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 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 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 Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the establishment of an area of benefit for the same area.
(Ord. 266-86 § 2, 1986)
Notwithstanding the provision of Section 17.88.030, 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, if 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 one-half of the current market value, as established by the County Assessor, 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 the Building Code;
B. 
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. 266-86 § 2, 1986)
Upon application by the subdivider or applicant for a building permit, the Council may accept consideration in lieu of fees required pursuant to this chapter, provided:
A. 
The Council finds upon recommendation of the City's Public Works 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 Council.
(Ord. 266-86 § 2, 1986)