§ 9-66.040. Fees for Bridges and Thoroughfares

As a condition of approval of a Final Map, the subdivider may be required to pay fees or other considerations in lieu thereof in compliance with this Section and Map Act Section 66484, to defray the actual or estimated costs of constructing bridges, and for constructing major thoroughfares, including intersections, which may be deemed necessary by the Circulation Element, any other element of the General Plan, or any applicable Specific Plan.

A.

In compliance with Map Act Section 66484, the boundaries of the area of benefit, the actual or estimated costs of construction, and a fair method of allocation of costs to area of benefit and fee apportionment shall be established at a noticed public hearing held by the Council.

B.

The payment of fees for major thoroughfares, including intersections, shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

C.

Written protests objecting to the establishment of any proposed area of benefit for any particular improvement under this Section and Map Act Section 66484 may be filed with the City Clerk by owners of real property within the proposed area of benefit at any time before the close of the required public hearing. If the written protests are filed by the owners of more than one-half of the area of the property to be benefitted by an improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Council shall not, for one year from the filing of that written protest, commence or carry on any proceeding for the same improvement or acquisition under the provisions of this Section and Map Act Section 66484.

1.

Nothing in this Subsection shall preclude the processing and recordation of maps in compliance with other provisions of this Article and the Subdivision Map Act if proceedings are abandoned.

2.

Any protest may be withdrawn by the property owner making the same in writing, at any time before the conclusion of the required public hearing.

3.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this Article and Map Act Section 66484 to construct that portion of the improvement so protested against shall be barred for a period of one year; but the Council shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this Subsection shall prohibit the Council, within a 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 benefitted are in favor of going forward with the portion of the improvement or acquisition.

D.

Fees paid in compliance with 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 thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, or more than one thoroughfare or portions thereof, a fund may be established covering all of the bridge projects, or all of the thoroughfare projects, in the benefit area. Monies in the fund shall be expended solely for the construction or reimbursement for construction of the improvement 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 improvement.

E.

In addition to the powers and obligations specifically identified in this Section, the City and subdivider shall have all of the respective powers and obligations identified in Map Act Section 66484 as it may be amended from time to time.

(§ 5, Ord. 1085, eff. January 6, 2006)