Chapter 3.12
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM1
Sections:
3.12.030 General plan applicability.
3.12.040 Payment of major thoroughfare fees.
3.12.050 Payment of bridge fees.
3.12.060 Establishment of area of benefit and public hearing.
3.12.070 Conduct of hearing protests.
3.12.080 Deposit of funds in separate accounts.
3.12.090 Advancement of funds by city.
3.12.100 Subdivider construction of major thoroughfare or bridge – Reimbursement.
3.12.010 Applicability.
A subdivider, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of approval of a final or parcel map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-714)].
3.12.020 Definitions.
“Area of benefit” means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.
“Bridge facilities” mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the city’s general plan as requiring a bridge to span a waterway, a railway, freeway, or canyon. Should the city not have a general plan in effect, then, until such time as such a plan is adopted, the term “bridge facilities” shall mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan of the county of Orange as that plan existed on January 1, 1989.
“Construction” as used in this chapter includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, actual construction, and also includes those activities within the definition of “construction” in California Government Code Section 66484.3(g).
“Major thoroughfare” means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways in the circulation element of the city’s general plan. Should the city not have a general plan in effect, then, until such time as such a plan is adopted, the term “major thoroughfare” shall mean those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways in the circulation element of the general plan of the county of Orange as that plan existed on January 1, 1989. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the state highway system. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-715)].
Cross-reference: definitions generally, AVMC 1.02.010.
3.12.030 General plan applicability.
The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan adopted by the city council at least 30 days prior to the filing of a map or application for a building permit and on land located within the boundaries of the area of benefit. Should the city not have a general plan in effect, then, until such time as such a plan is adopted, the provisions herein for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan of the county of Orange as that plan existed on January 11, 1989. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-716)].
3.12.040 Payment of major thoroughfare fees.
Payment of fees shall not be required unless any major thoroughfare is in addition to, or a widening or reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-717)].
3.12.050 Payment of bridge fees.
Payment of fees shall not be required unless any planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-718)].
3.12.060 Establishment of area of benefit and public hearing.
Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the director of public works or other designated city employee. The public works director’s report shall be transmitted to the city council. The city council will set a public hearing for each proposed area benefited. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given by first class mail addressed to each owner as shown on the last equalized assessment roll of property within the proposed area of benefit. [Ord. 2012-141 § 4; Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-719)].
3.12.070 Conduct of hearing protests.
A. At the public hearing the city council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the city council may, unless a majority written protest is filed and not withdrawn as specified in subsection (C) of this section, establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the county recorder of Orange County.
B. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.
C. Written protests shall be received by the city clerk any time prior to the close of the public hearing. If written protests are filed 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 by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the city council. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.
D. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in AVMC 3.12.060.
E. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-720)].
3.12.080 Deposit of funds in separate accounts.
Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Monies in such fund shall be expended solely for the construction or reimbursement for construction of improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city of Aliso Viejo for the costs of constructing the improvement. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-721)].
3.12.090 Advancement of funds by city.
The city council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-722)].
3.12.100 Subdivider construction of major thoroughfare or bridge – Reimbursement.
If the subdivider, as a condition of approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the subdivider or building permit applicant and the San Joaquin Hills Transportation Corridor Agency. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdividers or applicant’s property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. [Ord. 2010-126 § 1 (Exh. A); Ord. 2001-011 § 1 (7-9-723)].
Cross-references: streets and sidewalks, AVMC Title 10; buildings and construction, AVMC Title 13; subdivisions, AVMC Title 14; zoning code, AVMC Title 15.