The purpose of this chapter is to make provision for assessing
and collecting bridge and/or major thoroughfare construction fees
as a condition of approval of a final subdivision map or as a condition
of issuing a building permit where such fees are to be collected for
the purposes of defraying the actual or estimated costs of constructing
bridges and/or major thoroughfares as provided by Section 66484 of
the
Government Code.
(Prior code § 77.101)
This chapter provides an alternative system for doing the work
authorized by this chapter and the provisions of this chapter shall
not apply to or affect any other provisions of this code.
(Prior code § 77.103)
Whenever the following words are used in this chapter, they
shall have the meaning ascribed to them in this section:
"Bridge"
means any portion of a city road which crosses a stream at
an elevation higher than the bed of the stream on a structure with
a single or multiple span with a total length of twenty feet or more.
"Bridge crossing"
means any location on a stream at which a bridge is contemplated
to be constructed pursuant to the flood control provisions of the
county general plan.
"Bridge facility"
means a bridge, or an addition or improvement to a bridge,
which increases its traffic-carrying capacity.
"Construction"
means design, acquisition of right-of-way, administration
of construction contracts and actual construction.
"Land developer"
means any person who has applied for a building permit which
affects property, any portion of which is located within an area of
benefit which has been established pursuant to this chapter.
"Major thoroughfare"
means any roadway, other than a freeway or collector road
shown on the circulation element of the county general plan.
"Reconstruction"
means any construction, improvement or widening of an existing
road which is necessary to carry projected traffic and includes design,
right-of-way acquisition and contract administration.
"Stream"
means any body of water or area subject to periodic inundation
for which a bridge crossing is required pursuant to the flood control
provisions of the circulation element of the county general plan.
"Subdivider"
means any person who submits for approval a final subdivision
map which affects property, any portion of which is located within
an area of benefit which has been established pursuant to this chapter.
(Prior code § 77.102)
After holding a hearing pursuant to this chapter, the city council may establish an area of benefit and may impose a reasonable charge on property within the area which, in the opinion of the city council, is benefitted by the construction of the bridge facility and/or major thoroughfare. The area of benefit may include land or improvements in addition to the land or improvements which are considered at such proceeding. The charge collected shall be paid to the city at the time of approval of any final subdivision map or of the issuance of a building permit for such property. Where a bridge facility and/or major thoroughfare has been constructed by contract pursuant to Section
12.12.100, disbursement of funds received by the city pursuant to such reimbursement contract may be made.
(Prior code § 77.104)
Whenever in any proceeding under this chapter a time and place
for any hearing by the legislative body is fixed and, from any cause,
the hearing is not then and there held or regularly adjourned to a
time and place fixed, the power of the legislative body in the premises
shall not thereby be divested or lost, but the legislative body may
proceed anew to fix a time and place for the hearing, and cause notice
thereof to be given by publication by at least one insertion in a
daily, semiweekly or weekly newspaper, such publication to be at least
five days before the date of the hearing, and thereupon the legislative
body shall have power to act as in the first instance.
(Prior code § 77.107)
Notice of any hearing held pursuant to this chapter shall be
given in accordance with Section 65905 of the
Government Code. In
addition to the requirements of Section 65905 of the
Government Code,
such notice shall contain preliminary information related to the boundaries
of the area of benefit, estimated cost and method of fee apportionment.
(Prior code § 77.108)
Whenever, pursuant to this chapter, a subdivider or land developer
is required to pay a fee for the construction of a bridge facility
and/or major thoroughfare as a condition precedent to the acceptance
of a final map, or as a condition of issuing a building permit, and
the bridge facility and/or major thoroughfare is dedicated to the
public, the city council may contract with the subdivider or land
developer for the construction of the bridge facility and/or major
thoroughfare and reimburse the subdivider or land developer for the
cost of constructing the bridge facility and/or major thoroughfare.
(Prior code § 77.110)