Chapter 16.08
FEES
Sections:
16.08.010 Processing and examination fee.
16.08.020 Tentative map litigation stay fee.
16.08.040 Improvement plan and grading plan review and construction inspection fees.
16.08.045 Insufficiency of funds.
16.08.050 Drainage and sewer facilities – Payment of fees required.
16.08.060 Bridge crossing and major thoroughfares.
16.08.010 Processing and examination fee.
An examination and processing fee in an amount established by city council resolution shall be paid to the city at the time any of the following are submitted to the city for consideration or filing: tentative map, tentative parcel map, vesting tentative map, vesting tentative parcel map, final map, parcel map, extension of tentative map or tentative parcel map, reversion to acreage, certificate of compliance, adjustment plat, or any other permit or map pursuant to this title. The submittal shall not be deemed accepted for processing, or be deemed complete, until the fee is paid. (Ord. 101 Exh. A, 1989)
16.08.020 Tentative map litigation stay fee.
At the time of filing a request for a stay with the city engineer, there shall be paid the city a litigation stay processing fee equal to one-quarter of the fee described in SBMC 16.08.010. (Ord. 101 Exh. A, 1989)
16.08.030 Notice fees.
The subdivider shall pay a fee to cover the cost incurred by the city in giving any notice or providing any report required by this title or the Subdivision Map Act. (Ord. 101 Exh. A, 1989)
16.08.040 Improvement plan and grading plan review and construction inspection fees.
All grading and construction and installation of improvements shall be subject to plan review and inspection by the city engineer or other appropriate department, and the subdivider shall arrange for inspection prior to starting construction or installation of the improvements. The costs to the city in examining any improvement plans, inspecting improvements and monuments shall be paid by the subdivider. The improvement plan review fee, based on the approved engineer’s estimate of the total improvement costs, shall be as established by city council resolution. The subdivider shall pay an inspection and improvement construction fee in an amount established by city council resolution. (Ord. 101 Exh. A, 1989)
16.08.045 Insufficiency of funds.
If payment of a fee is made by check which is later rejected for insufficiency of funds, all processing of the submittal shall cease and no recommendation concerning the project shall be made until the fee plus a processing charge in an amount established by city council resolution is paid in full in cash or by cashier’s check. (Ord. 101 Exh. A, 1989)
16.08.050 Drainage and sewer facilities – Payment of fees required.
Prior to filing of any final map or parcel map, the subdivider shall pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Subdivision Map Act Section 66483. (Ord. 101 Exh. A, 1989)
16.08.060 Bridge crossing and major thoroughfares.
A. The purpose of this section is to make provisions for assessing and collecting fees as a condition of approval of a final 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 thoroughfares pursuant to Subdivision Map Act Section 66484.
B. Whenever the following words are used in this section, they shall have the following meaning:
1. “Construction” means design, acquisition of right-of-way, administration of construction contracts and actual construction;
2. “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.
C. Whenever this section refers to the circulation element of the general plan or to the transportation or flood control provisions thereof, it means the circulation element of the general plan and the transportation and flood control provision thereof, heretofore adopted by the city pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted.
D. Prior to filing a final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay, or cause to be paid, any fees established and apportioned to said property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.
E. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay, or cause to be paid, any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection D of this section.
F. Notwithstanding the provisions of subsections D and E 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 benefit.
G. Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, of the planned bridge and for major thoroughfare improvements, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established.
Notice of the public hearing shall be given pursuant to Government Code Section 65091. In addition to the requirements of Government Code Section 65091, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
H. 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 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 protest or objections shall be considered. Any protests may be withdrawn by the owner’s making the same, in writing, at any time prior to the conclusion of the public hearing.
I. 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 city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provisions of this section.
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 abandoned and the city council shall not, for one year from the date of the decision of the city council on the hearing, commence or carry on any proceedings for that same portion of the improvement under the provisions of this section; provided, however, that 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 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 more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement acquisition.
J. If the city council finds that a majority protest has not been made, they shall make the determinations required by subsection G of this section and decide whether or not to confirm the area of benefit.
The council shall announce its decision by resolution, which shall be recorded with the county recorder. There are authorized and established fees for the purpose of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the council may adopt pursuant to this section. Said fees and the area of benefit to which such fees are apportioned shall be established as set forth in said resolution. 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.
K. Notwithstanding the provision of subsection J of this section, payment of such fees shall not be required for:
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, the total value, as determined by the city engineer, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the city engineer, 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 in Uniform Building Code Section 501;
2. 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.
L. Upon application by the subdivider or applicant for a building permit, the city council may accept substitute consideration in lieu of fees required pursuant to this section; provided:
1. The city council finds, upon recommendation of the city engineer, that the substitute consideration has a value equal to or greater than the fee; and
2. The substitute consideration is in a form acceptable to the city council. (Ord. 101 Exh. A, 1989)