Chapter 12.52
BRIDGE CROSSINGS AND MAJOR THOROUGHFARES – CONSTRUCTION FEES
Sections:
12.52.030 Application of chapter.
12.52.060 Protest and hearing.
12.52.070 Resumption of hearing.
12.52.100 Contracts for construction.
12.52.010 Purpose.
The purpose of this chapter is to make provision for bridge and/or major thoroughfare construction fees as a condition of approval of issuing a building permit pursuant to a subdivision map or development review where such fees are to be collected for the purpose of defraying the actual or estimated costs of constructing bridges and/or major thoroughfares as provided by Section 66484 of the Government Code. (Ord. 358 § 1, 1992; Ord. 29 § 1, 1981; CC § 77.101)
12.52.020 Definitions.
Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this section:
A. “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 20 feet or more.
B. “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 circulation element of the City’s general plan.
C. “Bridge facility” means a bridge or an addition or improvement to a bridge which increases its traffic-carrying capacity.
D. “Construction” means design, acquisition of right-of-way, administration of construction contracts and actual construction.
E. “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.
F. “Major thoroughfare” means any roadway, other than a freeway shown on the circulation element of the City’s general plan.
G. “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.
H. “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 this circulation element of the City’s general plan.
I. “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. (Ord. 29 § 1, 1981; CC § 77.102)
12.52.030 Application of chapter.
This chapter provides an alternative system of 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. (Ord. 29 § 1, 1981; CC § 77.103)
12.52.040 Areas of benefit.
After holding a hearing pursuant to this chapter, the City Council may establish an area of benefit and may impose a reasonable fee 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 the subject of a subdivision map or building permit application considered at such proceeding. The fee collected shall be secured or paid to the City in accordance with PMC 12.52.090 at the time of issuance of a building permit pursuant to approval of any final subdivision map or development review for such property. (Ord. 358 § 1, 1992; Ord. 29 § 1, 1981; CC § 77.104)
12.52.050 Public hearing.
A. At any public hearing held pursuant to this chapter, the boundaries of the area of benefit, the costs whether actual or estimated, and a fair method of fee apportionment based on estimated traffic generation in the next 20 years shall be established.
B. A description of the boundaries of the area of benefit, the costs whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a City Council resolution, a certified copy of which shall be recorded by the City Council with the County Recorder.
C. Such apportioned fees shall be payable as a condition of issuance of a building permit pursuant to approval of a final subdivision map or development review for such property or portions thereof.
D. The City Council may from time to time call public hearings to ascertain whether a bridge facility and/or major thoroughfare is required and to determine the area of benefit of such bridge and/or major thoroughfare when a developer proposes to develop land in a location substantially isolated by a stream or served by a major thoroughfare.
E. Prior to establishing an area of benefit, the City Council shall adopt a resolution of intention to establish such area and hold a public hearing thereon. The City Clerk shall notify owners of property within the proposed area of the time and place of the hearing at least 10 days prior to the date thereof.
F. Such hearings shall be open to the public and may be continued from time to time. At such hearings persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and conclusive.
G. At such public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of fee apportionment based on estimated traffic generation in the next 20 years shall be established.
H. The areas of benefit may include land or improvements in addition to the land or improvements which are the subject of a subdivision map or development review application considered at such proceedings. (Ord. 358 § 1, 1992; Ord. 29 § 1, 1981; CC § 77.105)
12.52.060 Protest and hearing.
A. At any time not later than the hour set for hearing objections to the proposed bridge facility and/or major thoroughfare, any owner of property subject to fees for the work may make protests against the proposed bridge facility and/or major thoroughfare or against the extent of the area of benefit 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 such property, 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 protests 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 a public hearing.
B. If there is a written request filed with the City Clerk by the owners of more than one-half of the area of the property to be benefitted 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 benefitted, then the proposed proceedings shall be abandoned, and the City Clerk shall not, for one year from the filing of the written protests, commence or carry on any proceedings for the same improvement under the provisions of this chapter.
C. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this chapter 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 or acquisition so protested against. Nothing in this chapter shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its members, that the owners of a majority of the property within the area of benefit are in favor of going forward with such portion of the improvement or acquisition. (Ord. 29 § 1, 1981; CC § 77.106)
12.52.070 Resumption of hearing.
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. (Ord. 29 § 1, 1981; CC § 77.107)
12.52.080 Notice.
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. (Ord. 29 § 1, 1981; CC § 77.108)
12.52.090 Payment of fees.
A. No building permit shall be issued if any portion of the property which is the subject of a subdivision map or development review is located in an area of benefit established pursuant to this chapter unless there has first been paid the fee established and apportioned to said property pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing the bridge and/or major thoroughfare facilities. In the case of residential development, the fee may be deferred by posting of a security satisfactory to the City Attorney.
B. Nothing in this chapter is intended to relieve a subdivider or applicant for a building permit from the requirements imposed under other provisions of this code to dedicate and improve roads as a condition of approval of a tentative map or building permit.
C. Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required:
1. Unless for major thoroughfares such major thoroughfares are in addition to or a reconstruction of any existing or planned major thoroughfares serving the area at the time of the adoption of the area of benefit; and
2. For bridge facilities 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 the adoption of the boundaries of the area of benefit.
D. Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required unless the planned bridge facility is intended to be constructed at a bridge crossing which is identified as such on the flood-control provisions of the circulation element of the City’s general plan or unless the planned major thoroughfare is intended to be constructed on a route shown on the circulation element of the City’s general plan; provided such provisions were adopted not less than 30 days prior to the filing of the subdivision map or application for building permit.
E. Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required for the following:
1. 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, however, that:
a. The construction of an addition to and/or reconstruction of a single-family home results in less than an additional 750 square feet of habitable space;
b. Construction of an addition to and/or reconstruction of a single-family home that has, at some time in the past, paid a similar fee for mitigation of traffic impact; or
c. Remodeling, alterations or additions to other residential and all nonresidential buildings of less than 10,000 square feet or 25 percent of the existing square footage whichever is more restrictive; or
d. If 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;
2. The following accessory buildings and structures:
a. Private garages,
b. Children’s playhouses,
c. Radio and television receiving antennas,
d. Windmills,
e. Silos,
f. Tank houses,
g. Shops,
h. Barns,
i. Coops, and
j. Other uninhabitable buildings which are accessory to one-family dwellings;
k. Outdoor advertising;
l. Agricultural buildings;
m. Oil wells.
F. If the fee is secured for a residential project prior to building permit issuance then the fee shall be paid prior to issuance of a certificate of occupancy at the rate in effect at the time of final payment.
G. Security required by this chapter shall be in that form authorized by the Subdivision Map Act.
H. Fees deferred by posting of security must be paid prior to issuance of a certificate of occupancy. (Ord. 358 § 1, 1992; Ord. 29 § 1, 1981; CC § 77.109)
12.52.100 Contracts for construction.
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. (Ord. 29 § 1, 1981; CC § 77.110)
12.52.110 Payment.
A. Consideration in lieu of the payment of fees may be accepted.
B. Fees shall be deposited in a planned bridge facility and/or major thoroughfare fund. A separate fund shall be established for each area of benefit. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the bridge facilities and/or major thoroughfares serving the area to be benefitted and from which the fees comprising the fund were collected or to reimburse the City for the cost of constructing the bridge facilities and/or major thoroughfares.
C. The City may advance money from its general fund or road fund to pay the cost of constructing the bridge facilities and/or major thoroughfares and may reimburse the general fund or road fund for such advances from planned bridge facility and/or major thoroughfares funds established to finance the construction of such bridge facilities and/or major thoroughfares.
D. The City may incur an indebtedness for the construction of bridge facilities and/or major thoroughfares; provided, that the sole security for repayment of such indebtedness shall be moneys in planned bridge facility and/or major thoroughfare funds.
E. The City may contract with the subdivider or land developer for the construction of the bridge and/or major thoroughfare and reimburse the subdivider or land developer for the cost of constructing the facility.
F. The City may require or accept the dedication and/or improvement of right-of-way along a major thoroughfare and may reduce the fees assessed against that property by an amount equal to the cost of that right-of-way and improvements as determined by the Director of Public Services if the value of the right-of-way or improvements were included in the calculation of the fee.
G. No property shall be assessed a fee under this chapter for both a final subdivision and a building permit. (Ord. 29 § 1, 1981; CC § 77.111)